[HISTORY: Adopted by the Board of Supervisors of the Township
of East Goshen 6-2-2009 by Ord. No. 129-F-09;[1] amended in its entirety 2-21-2017 by Ord. No. 129-A-2017. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 89 but
was renumbered in order to retain the alphabetical organization of
the Code.
This chapter shall be known as the "East Goshen Township Alarm
Ordinance."
The following definitions shall apply to the interpretation
and enforcement of this chapter.
Any person, firm or corporation that monitors one or more
alarm system(s), and upon the receipt of a signal from an alarm system,
notifies the Chester County 9-1-1 of the emergency.
Any assembly of equipment composed of sensory apparatus and
related hardware which transmits a signal from the premises to an
alarm monitoring company advising them of an emergency. Smoke alarms,
carbon monoxide detectors, etc., that are not connected to an alarm
monitoring company and whose sole purpose is to notify the occupants
of the property of an emergency shall not be considered an alarm system
for the purpose of this chapter.
Any person, firm or corporation who sells or leases and/or
installs alarm systems.
Any device, bell, horn or siren which is attached to the
exterior of a building and emits a warning signal audible outside
of the building and that is designed to attract attention when activated.
The 9-1-1 Emergency Call Center operated by the Chester County
Department of Emergency Services.
An alarm received by Chester County 9-1-1 that results in
a response from the Police Department activated by inadvertence, negligence,
or an unintentional act, including the malfunction of the alarm system;
the intentional activation of a holdup alarm for other than a hold
up in progress; the intentional activation of a burglary alarm for
other than a burglary in progress. A false alarm shall not include
alarms which are activated as a result of acts of God, such as earthquakes,
floods, windstorms, thunder or lightning, or as a result of the testing
or repairing of telephone or electrical lines or equipment outside
of the premises.
A alarm received by Chester County 9-1-1 that results in
a response from the Fire Department activated by inadvertence, negligence,
or an unintentional act, including the malfunction of the alarm system;
the activation of a fire alarm for other than an actual fire; or the
intentional activation of a medical alarm for other than a medical
emergency. A false fire alarm shall not include alarms which are activated
as a result of acts of God, such as earthquakes, floods, windstorms,
thunder or lightning, or as a result of the testing or repairing of
telephone or electrical lines or equipment outside of the premises.
The Goshen Fire Company or Malvern Fire Company, or their
respective successor fire companies who provide fire protection services
to the Township. The term includes any other fire company or other
emergency medical services unit providing intermittent coverage to
the Township.
A secure, tamperproof device with a lock operable only by
a Fire Department master key which contains building entry keys and
other keys that may be required for access in an emergency; also known
as a "Knox Box."
To use a telephone, radio or any other equipment to transmit
(send) a message from an alarm system to the alarm monitoring company.
Includes and is construed to mean any person, firm, corporation
or other entity.
The Police Department operating under the direction of the
Westtown-East Goshen Police Commission.
The Township of East Goshen, Chester County, Pennsylvania.
A.
Installation. Any owner, lessee or user of property, or their authorized
agent, who intends to install an alarm system shall first make application
to the Township and obtain the required permit prior to the installation
of any alarm system. The application shall be made on forms provided
by the Township and shall include the following information:
B.
Permit fee. The application shall be accompanied by the permit fee.
The permit fee shall be established from time to time by resolution
of the Board of Supervisors.
C.
Exemptions. A permit is not required for the installation of smoke
detectors, carbon monoxide detectors, or similar detectors which are
installed for the purpose of notifying the occupants of that location
of an emergency condition, provided that all of the following conditions
are met:
A.
All audible alarms shall be equipped with a timing device which will
shut off the audible alarm after a maximum period of 15 minutes.
B.
Audible alarms without such a timing device will be unlawful in the
Township and must be disconnected by the owner, lessee or user within
60 days from the effective date of this chapter.
All alarm systems must be keyed to an alarm monitoring company.
A.
The sensory apparatus used in connection with an alarm system must
be adjusted to suppress false indications of intrusion, so that the
device will not be actuated by changing pressure in the water pipes,
short flashes of light, the rattling or vibrations to the premises
caused by the passing of vehicles or any other force not related to
a genuine alarm.
B.
All components comprising an alarm system must be maintained in good
repair to assure maximum reliability of operation.
A.
When alarm messages are received by Chester County 9-1-1 evidencing
failure to comply with the aforementioned operational requirements,
and the Township concludes that the alarm system is malfunctioning,
the Township is authorized to demand that the owner, lessee or user
of the alarm system disconnect the alarm system until it is brought
into compliance with the operational requirements.
B.
If disconnection of the defective alarm system is not accomplished within 48 hours of notification by the Township, this shall be considered a violation of this chapter. The Township shall notify the Chester County 9-1-1 that the alarm system is malfunctioning. In addition, the Township may then take appropriate action to disconnect the defective alarm system. This remedy shall be in addition to and shall not affect the penalty provisions prescribed in § 81-14. For purposes of this provision, two or more false alarms or two or more false fire alarms within any thirty-day period shall be sufficient evidence for the Township to determine that the alarm system is malfunctioning.
Alarm systems must conform to the requirements contained in
the National Electrical Code.
For the purpose of enforcing this chapter, the Police Chief,
Fire Marshal and/or the Township Manager or their duly authorized
designees are hereby authorized to enter upon an owner's, lessee's
or user's premises at a reasonable time upon written notice,
or in the event of an emergency, at any time, to make inspections
of installation and/or operation of an alarm system.
A.
No person shall conduct any test, demonstration or perform any maintenance
of an alarm system installed pursuant to this chapter without first
notifying the alarm monitoring company.
B.
Prior to conducting any testing, demonstration or maintenance of
an alarm system, the contractor or technician who performs the testing,
demonstration or maintenance shall notify the alarm monitoring company
and request that the alarm system be placed in "test condition" and
that no response is necessary to an alarm.
C.
Upon completion of the testing, demonstration or maintenance, the
contractor or technician who performs the testing, demonstration or
maintenance shall notify the alarm monitoring company that the alarm
system is back in service and that a response is necessary in the
event of an alarm.
D.
Any owner, lessee or user, or their designated contractor or technician,
who performs maintenance or testing on an alarm system without first
notifying the alarm monitoring company prior to performing maintenance
or testing, which then results in a false alarm, may be subject to
the false alarm fee and/or false fire alarm fee established in this
chapter.
The Township will provide a copy of this chapter to the owners,
lessees, and users of property which have been issued a permit for
a new alarm system.
A.
Establishment of false alarm fees. For the purpose of defraying the
costs to the Police Department of responding to false alarms, a false
alarm fee shall be imposed. The false alarm fee shall be established
from time to time by resolution of the Board of Supervisors.
C.
If the owner, lessee or user of any alarm system fails to pay the false alarm fee within 30 days after receiving an invoice from the Township, the Township shall enforce such fee, together with interest at the legal rate and court costs, in a civil enforcement proceeding brought before a District Justice. Proceedings for collection thereof shall not affect or impair the Township's enforcement of this chapter pursuant to the penalty provisions of § 81-14 hereof.
D.
Violation. It shall be a violation of this chapter for any person
to activate or cause to be activated an alarm system with the intent
or for the purpose of sending a false alarm.
A.
Establishment of false fire alarm fees. For the purpose of defraying the costs to the Fire Department of responding to false alarms, a false fire alarm fee shall be imposed. The false fire alarm fee shall be in addition to the false alarm fee imposed pursuant to § 81-12A. The false fire alarm fee shall be established from time to time by resolution of the Board of Supervisors.
C.
If the owner, lessee or user of any alarm system fails to pay the false fire alarm fee within 30 days after receiving an invoice from the Township, the Township shall enforce such fee, together with interest at the legal rate and court costs, in a civil enforcement proceeding brought before a District Justice. Proceedings for collection thereof shall not affect or impair the Township's enforcement of this chapter pursuant to the penalty provisions of § 81-14 hereof.
D.
Violation. It shall be a violation of this chapter for any person
to activate or cause to be activated an alarm system with the intent
or for the purpose of sending a false fire alarm.
A.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine for each such violation in an amount not less
than $100 and not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township. No judgment
shall be imposed until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
B.
Any person found liable of misuse, false activation or continual
activation of an alarm system shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $600, plus all court costs, including
reasonable attorneys fees, incurred by the Township. No judgment shall
be imposed until the date of determination of a violation by the District
Justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure.
