[HISTORY: Adopted by the Board of Supervisors of Carroll
Township 10-7-1997 by Ord. No.
102-1997. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "False Alarm
Ordinance."
As used in this chapter, the following words, terms and phrases
shall have the following meanings unless it is apparent from the context
that a different meaning is intended:
Any mechanical or electrically operated device or instrument
composed of sensory apparatus and related hardware which is designed
or used for the detection of an unauthorized entry into a building,
structure or facility or an attempt thereof or designed or used for
alerting others of the commission or attempted commission of an unlawful
act within a building, structure or facility or designed or used for
the detection of fire, flames or smoke within a building, structure
or facility, or any combination thereof; and which emits a sound or
transmits a signal or message when activated. "Automatic protection
devices" include but are not limited to audible alarms, automatic
dialing devices, alarms connected directly to a communications center,
alarms relayed through any private central station and proprietary
alarms. The following devices shall not be included under the definition:
Devices which are not designed or used to register alarms that
are audible, visible or perceptible outside of the protected building,
structure or facility such as those systems designed for the detection
of equipment malfunctions.
Devices which are designed, used or provided for the sole purpose
of evacuation of occupants of industries, institutions and other similar
premises.
Devices which are designed for and installed upon motorized
vehicles or trailers.
Devices maintained and/or operated by the Carroll Township Police
Department and/or any volunteer fire company serving Carroll Township
used for the detection of unlawful acts or for demonstration purposes.
The York County Communications Center, the Carroll Township
Police Department headquarters, any base of any Volunteer Fire Company
serving Carroll Township or any other specifically authorized location.
Any activation of an automatic protection devise signal or
notification of such activation by any means resulting in or expecting
the response of the Carroll Township Police Department and/or any
fire company where an emergency situation does not or did not exist
at the time of such activation. The term does not include alarms caused
by hurricane, tornados, earthquakes, floods or other violent acts
or acts of God.
Any and all officers, members and equipment of any volunteer
fire department serving Carroll Township.
Any person, group, firm, partnership, association, corporation,
company or organization of any kind.
The Chief of Police of the Carroll Township Police Department
or his designated representative.
All members of the Carroll Township Police Department.
The reports, incidents, statistics or files of the Carroll
Township Police Department and/or any volunteer fire company serving
Carroll Township.
A condition whereby an automatic protection device is in
a pre-alarm condition, commonly referred to as a "trouble setting,"
and a communications center receives notification of such condition.
In the absence of an actual emergency, a "trouble alarm" shall be
considered a false alarm.
A.
Excessive false alarms. Except as otherwise provided in this chapter,
it shall be prohibited for any person to accumulate more than three
false alarms in a period of 12 months. A twelve-month period shall
run from January 1 to December 31, inclusive, on any given year. The
number of false alarms during any twelve-month period shall be ascertained
from the records of the Police Department or Fire Department, or both.
Multiple alarms received during the same call for service by the Police
or Fire Department or both may be treated as a single false alarm.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Testing without permission. It shall be prohibited for any person
to conduct any test or demonstration of any automatic protection device
designed to make direct connection to the communications center at
any time without first obtaining the express permission of the communications
center or the police. Such permission is not required where the device
to be tested or demonstrated is not connected to a communications
center and the receipt of the alarm or signal is not relayed to the
Police or Fire Department by any means.
C.
Connection of automatic dialing service. It shall be prohibited for
any person to authorize and/or connect or interconnect an automatic
dialing device to a communications center telephone line not designated
for such connections. Connections to designated telephone lines shall
not be made without the express permission of the communications center
involved.
D.
Operation of automatic protection device when privilege suspended
or revoked. It shall be prohibited for any person to operate or maintain
an automatic protection device at any time when the privilege to do
so has been suspended or revoked in accordance with the provisions
of this chapter.
A.
The enforcement and administration of this chapter shall be the responsibility
of the Police Department, through the authority of the Chief of Police
or his designated representative.
B.
The Chief of Police may promulgate such rules as are necessary for
administration and enforcement of this chapter. Any such rules shall
be approved by a duly approved resolution of the Carroll Township
Board of Supervisors and shall be available for public inspection.
C.
Where an automatic protection device is activated and continuously
transmits a signal, either through malfunction or defect in the system,
the police are authorized to disconnect the automatic protection device
until such time as repairs are made.
When the police disconnect an automatic protection device under § 123-4C of this chapter, no liability shall incur to the Township of Carroll or any of its employees through such action.
A.
Any person possessing and using an automatic protection device shall
maintain such device in good working order.
B.
Any person possessing and using an automatic protection device shall,
upon request, furnish information to the police concerning emergency
contact in case of system malfunctions. The police shall provide forms
for the recording of this information.
C.
Any person who has had an automatic protection device disconnected under § 123-4C of this chapter shall not reconnect the device without the permission of the police. Such permission shall not be withheld when proof of repair is shown.
D.
Any person who has had an automatic protection device disconnected under § 123-4C of this chapter shall be deemed to have his privilege to operate or maintain such device suspended or revoked. Such suspension or revocation shall remain in full force and effect until the conditions of § 123-4C of this chapter are met.
E.
Where an automatic protection device is installed or attached to
a business, warehouse, institution or other similar premises, the
person having the greatest administrative or operations power shall
be held responsible for that false alarm when a false alarm is received
by the Police or Fire Department. In the event that the identity of
such person is not ascertained or if the business, warehouse, institution
or other similar premises is closed, the owner or manager or any administrative
personnel may be held responsible for a false alarm.
The information furnished and secured pursuant to this chapter
shall be confidential in nature and shall not be subject to public
inspection and shall be kept so that the contents thereof shall not
be known except to those persons charged with the administration of
this chapter.
The Police Department and the Fire Department shall respond
without charge for the first three false alarms recorded at any protected
premises during a calendar year. After three false alarms have been
recorded against any protected premises during a calendar year, the
Police and/or Fire Department shall respond to any alarm call received.
When such response actually occurs and there is more than three false
alarms that have been recorded against the protected premises during
the calendar year, service fees shall by assessed against the person
responsible for the protected premises as follows:
A.
Eighty dollars for each half hour or part thereof of response or
service time involving the Police Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
One hundred dollars for each half hour or part thereof of response
or service time involving the Fire Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In the event both the Police Department and the Fire Department respond,
the service fee assessed shall be $180 for each half hour or part
thereof of response or service actually rendered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The service fees are due and payable within 30 days to Carroll Township.
E.
When such service fees are assessed, Carroll Township shall notify
the responsible party of the fees due for services rendered.
F.
Any person or entity failing to pay the fee due for services rendered
under this chapter within 30 days shall be considered in default of
payment and in violation of the payment of service fees provisions
of this chapter.
A.
Any person violating any of the provisions of this chapter shall
pay a penalty as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
For one false alarm over the limit allowed, the penalty shall be
$100, plus court costs.
(2)
For two false alarms over the limit allowed, the penalty shall be
$150, plus court costs.
(3)
For three false alarms over the limit allowed, the penalty shall
be $200, plus court costs.
(4)
For four or more false alarms over the limit allowed, the penalty
shall be no less than $300 and no more than $1,000, plus court costs.
B.
Any person operating an alarm system while the privilege to do so
is suspended or revoked shall pay a penalty as follows:
C.
Any person failing to pay an appropriate service fee within the designated
time frame shall pay a penalty of not less than $300 nor more than
$1,000, plus the service fee and court costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The penalties specified in this chapter are in addition to any service
fees that may be charged under the chapter.
