[Ord. 2007-02-01, 2/12/2007]
1. As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
ACCIDENTAL FALSE ALARM
Any false alarm which is not an intentional false alarm as
defined herein, or, not when an intrusion, crime, fire or other emergency
has actually occurred.
ALARM
A communication to the Police Department indicating that
a crime, fire or other emergency situation warranting immediate action
by the Police Department has occurred or is occurring.
ALARM DEVICE
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means directly to a person
or security company that is instructed to notify the Police Department
of the alarm or to activate a bell or sounding device to be heard
outside a building which is intended to alert the police or others
to the existence of a crime, fire or other emergency situation warranting
police action.
FALSE ALARM
An alarm to which the Police Department responds resulting
from the activation of an alarm device when a crime, fire or other
emergency warranting immediate action by the Police Department has
not in fact occurred.
INTENTIONAL FALSE ALARM
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where that individual
has no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the Police Department has occurred
or is occurring.
PERMIT HOLDER
A person to whom the Police Department or Fire Marshal's
Office has issued an alarm device permit.
PERSON
An individual, corporation, partnership, incorporated association
or other similar entity.
2. In this Part the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine
and the neuter.
[Ord. 2007-02-01, 2/12/2007]
1. It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within the Township to put
an alarm device into operation on his premises or to allow an alarm
device to be put into operation on his premises without first obtaining
an alarm device permit from the Police Department or Fire Marshal's
Office.
2. In order to apply for an alarm device permit, a person must submit
an application to the Police Department or Fire Marshal's Office
stating:
B. His home and business address and the telephone number of each.
C. The location at which the alarm device will be installed and operated.
D. The names, addresses and telephone numbers of at least two individuals
who have keys to the premises at which the alarm device is located
and who are authorized to enter the premises at any time, but who
do not reside at the premises at which the alarm device is located.
E. A general written description of the device other than schematics.
F. If the device is to be leased or rented from, or is to be serviced
pursuant to a service agreement by, a person other than the person
making application for an alarm device permit, the name, address and
telephone number of that person must be stated in the application.
In addition, each person submitting an application for an alarm device
permit shall submit a signed statement in the following form:
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"I (We), the undersigned applicant(s) for an alarm device permit,
intending to be legally bound hereby, agree with the Township that
neither I (We), nor anyone claiming by, through or under me (us),
shall make any claim against the Township, its officials or agents,
for any damages caused to the premises at which the alarm device,
which is the subject of this application, is or will be located, if
such damage is caused by a forced entry to said premises by employees
of the Township in order to answer an alarm from said alarm device
at a time when said premises are or appear to be unattended or when
in the discretion of said employees the circumstances appear to warrant
a forced entry."
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G. The Police Department or Fire Marshal's Office shall furnish
forms which any person wishing to apply for an alarm device permit
shall submit with his application.
3. The Police Department or Fire Marshal's Office shall, within
10 working days from receipt of an application for an alarm device
permit grant an alarm device permit to the applicant or notify the
applicant in writing that his application has been denied and the
reason or reasons why it has been denied.
4. An application for an alarm device permit may only be denied for
the following reasons:
A. The application submitted by the applicant does not comply with Subsection
2 of this section.
B. The applicant's alarm device does not conform to the operational standards set forth in §
13-403 of this Part.
5. Notwithstanding the language contained in Subsection
1 of this section, it shall not be unlawful for a person to continue to operate an alarm device on his premises without an alarm device permit for a period of 90 days after the effective date of this Part; provided, said alarm device was in operation on the effective date of this Part.
6. The Police Department or Fire Marshal's Office shall have to
power to revoke an alarm device permit. An alarm device permit shall
be revoked by notifying the permit holder in writing that his alarm
device permit has been revoked and the reason or reasons why it has
been revoked. Said written notice shall be:
A. Delivered personally to the permit holder, in which case the revocation
shall be effective immediately upon delivery.
B. Mailed to the permit holder at his last known address by certified
mail, postage prepaid, in which case the revocation shall be effective
three days after mailing.
7. An alarm device permit may only be revoked for the following reasons:
A. Failure of an alarm device to conform to the operation standards set for in §
13-403 of this Part.
B. Failure of a permit holder to pay a false alarm charge assessed to him by the Police Department under the provisions of §
13-404 of this Part within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
C. The occurrence of more than 12 false alarms from an alarm device
during any calendar year.
D. The occurrence of an intentional false alarm caused by the permit
holder or by an individual over the age of 15 who resides on the premises
where the alarm device is located.
8. A person who has had his alarm device permit revoked under Subsections
7 and
8 of this section may reapply for an alarm device permit 45 days after the effective date of such revocation; provided, that if a person's alarm device permit was revoked for nonpayment of a false alarm charge or for nonpayment of installation or maintenance fees, or both, the Police Department or Fire Marshal's Office shall deny said application unless such charge or fee, or both, have been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked on the basis of an occurrence of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation.
[Ord. 2007-02-01, 2/12/2007]
1. An alarm device need not contain a delay service which causes a delay
to occur between the time the alarm device receives a triggering stimulus
and the time the alarm device transmits an alarm.
2. If an alarm device is designed to cause a bell, siren or sound-making
device to be activated on or near the premises on which the alarm
device is installed at the time it gives an alarm, said alarm device
shall be designed to deactivate the bell, siren or other sound-making
device after 30 minutes of operation. Pre-existing units must be modified
for a thirty-minute device unless said unit cannot be modified without
replacement.
3. All alarm devices shall meet the applicable standards of the Underwriters
Laboratories and/or the National Fire Protection Association, and/or
other recognized industry standards, and shall be permitted under
this Part if in conformity thereto. An alarm device which does not
meet any of the above standards or for which there is no recognized
industry standard shall require the applicant for a permit to submit
evidence of the reliability or suitability of the alarm device. Any
permit issued for such an alarm device which does not conform to the
recognized standard shall be conditionally subject to satisfactory
performance of said alarm device after installation. The applicant
for a permit may be required to submit subsequent evidence of the
reliability and suitability of the alarm device.
4. The sensory mechanism used in connection with an alarm device must
be adjusted to suppress false indications of fire or intrusion, so
that the alarm device will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises
such as the rattling of vibrating of doors or windows, vehicular noise
adjacent to the premises, or other forces unrelated to genuine alarm
situations.
5. The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
[Ord. 2007-02-01, 2/12/2007]
1. Intentional False Alarms. No permit holder or person shall create
an intentional false alarm.
2. Accidental False Alarms. Any person or permit holder causing accidental
false alarms for any reason shall pay to the Township a charge for
each and every false alarm to which the police and/or fire departments
responds, in each calendar year, pursuant to a schedule of charges
established by resolution of the Board of Supervisors.
3. A false alarm charge shall be due and payable at the office of Police
Department 30 days from the date of the mailing of the notice of assessment
of the charge.
4. Failure of a permit holder to pay a false alarm charge on or before the date due shall subject such permit holder to revocation of his alarm device permit under §
13-402, Subsection
8, of this Part.
5. Failure of a person causing a false alarm, other than a permit holder, to pay a false alarm charge on or before the date due shall constitute a violation of this Part, and shall subject said person to the penalties set forth in §
13-408 hereof.
[Ord. 2007-02-01, 2/12/2007]
The issuance of any permit shall not constitute acceptance by
the Township of any liability to maintain any equipment, to answer
alarms, nor otherwise render the Township liable to any person for
any loss or damage relating to the alarm system or procedure.
[Ord. 2007-02-01, 2/12/2007]
1. Administration and enforcement of this Part shall be the function
of the Township and shall include the following:
A. Authority to accept or reject a permit application or revoke a permit
because of a misrepresentation or false statement contained in any
application for permit, failure to correct any deficiencies in equipment
or operation of an alarm device after receipt of due notice from the
Township, or not meeting other conditions and specifications of this
Part.
B. Authority to order the disconnection of an alarm device until such
device is made to comply with operational standards set forth herein,
but only when evidence of failure to comply with said standards imposes
a burden upon the Township as a result of false alarms.
C. Authority, at reasonable time and upon written notice, to enter upon
any premises within the Township to inspect the installation and operation
of an alarm device.
[Ord. 2007-02-01, 2/12/2007]
Whenever, under the provisions of this Part, the Police Department
is empowered to make a decision with respect to the installation,
operation or maintenance of any alarm device, or with respect to the
denial or revocation of any permit relating thereto, any applicant
for a permit or permit holder aggrieved by such decision may, within
10 days following the decision, file written appeal therefrom with
the Board of Supervisors of the Township, whereupon the Board of Supervisors
shall promptly conduct a hearing within 30 days of the appeal petition
and affirm, modify or reverse the decision appealed from. The decision
of the Board of Supervisors shall be final.
[Ord. 2007-02-01, 2/12/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days.