[Ord. 1991-2, 10/1/1991, § 1]
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 dispatch center indicating that a
crime, fire or other emergency situation warranting immediate action
by the Police Department or Fire Department has occurred or is occurring.
ALARM APPEAL BOARD
A board comprising three citizens of the Township of Vernon,
none of whom shall be affiliated with any fire department located
in the Township of Vernon or with the Vernon Township Police Department,
and which board shall be appointed by the Board of Supervisors originally
with staggered terms of one, two and three years with reappointments
being made at the annual reorganizational meeting.
ALARM DEVICE
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means:
(1)
Directly to the dispatch center.
(2)
To a person who is instructed to notify the Police or Fire Department
of the alarm.
(3)
To activate a bell or sounding device to be heard outside a
building which is intended to alert the police, firemen or others
to the existence of a crime, fire or other emergency situation warranting
Police or Fire Department action.
CENTRAL RECEIVING STATION
The alarm or control panel installed in the central dispatch
center for the purpose of giving visual or audio response to direct
alarm devices.
DIRECT ALARM DEVICE
An alarm device other than a telephone dial or alarm device
designed to transmit an alarm directly to the dispatch center.
FALSE ALARM
An alarm to which the Police Department or Fire Department
responds resulting from the activation of an alarm device when a crime,
fire or other emergency warranting immediate action by the Police
Department or Fire Department has not, in fact, occurred.
FIRE DEPARTMENT
The Vernon Central Hose Company and Vernon Township Volunteer
Fire Department.
INDIRECT ALARM
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police Department or Fire Department
of the alarm.
PERMIT HOLDER
Any person to whom the Police or Fire Department has issued
an alarm device permit.
PERSON
An individual, corporation or partnership incorporated as
an association or other entity.
TELEPHONE DIALER ALARM DEVICE
An alarm device designed to automatically transmit a recorded
message over regular telephone lines directly to the dispatch center
or to a person who is instructed to notify the dispatch center of
the alarm.
2. In this Part the singular shall include the plural; the plural shall
include the singular; the masculine shall include the feminine and
the neuter.
[Ord. 1991-2, 10/16/1991, § 2; as amended by Ord.
2000-4, 9/7/2000]
1. It shall be unlawful for a property owner, lessee of property or
person otherwise occupying premises within the Township of Vernon
to install an alarm device into operation on his premises or to cause
an alarm device to be put into operation on his premises without first
obtaining an alarm device permit from the Township of Vernon for a
burglar alarm or for a fire alarm, or both, if relevant. It shall
also be unlawful for a property owner or a lessee of property or person
otherwise occupying a premises outside the Township of Vernon to put
into operation on his premises an alarm device which terminates at
the central dispatch center to cause such an alarm device to be put
into operation on his premises without first obtaining an alarm device
permit from the Police Department or Fire Department or both.
2. In order to apply for an alarm device permit a person must submit
an application to the Secretary of the Board of Supervisors of Vernon
Township, which application shall contain the following information:
B. The applicant's home and business addresses and the telephone
number of each.
C. The geographic location at which the alarm device will be installed
and operated; a rural route number is not acceptable.
D. The name, address, and telephone number of a person to be contacted
if the alarm device is activated accidently and who is authorized
to enter the premises and provide to representatives of the Fire Department
and/or the Police Department all relevant facts concerning the design
and layout of the premises to be protected by the automatic dialing
system. The applicant shall inform the Township of Vernon of any change
of the designated person as required by this section as soon as conveniently
possible.
E. A general written description of the device other than schematics.
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
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 of Vernon,
that neither I (we) or anyone claiming by, through or under me (us),
shall make any claim against the Township of Vernon, 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 of said premises by employees
of the Township of Vernon 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, circumstances appear
to warrant the forced entry."
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The Township of Vernon shall furnish forms pertaining to the
aforesaid statement to any person wishing to apply for an alarm device
permit. Said form shall be signed and submitted with the application.
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3. Person Applying for an Alarm Device Permit.
A. Any person applying for an alarm device permit for a telephone dialer
alarm device, local sounding device or an indirect alarm device shall
submit the required fee along with the application. The fee shall
be established pursuant to a resolution of the Supervisors of Vernon
Township.
B. The Township of Vernon shall, within 10 working days of receipt of
an application for an alarm device permit, either 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. Denial of Application for an Alarm Device Permit. 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 or Subsection
3 of this Part.
B. The applicant's alarm device does not conform with the operational standards set forth in §
13-103 of this Part.
5. Notwithstanding the language contained in Subsection
1 of this section, it shall not be unlawful for a person to continue an alarm device on his premises without an alarm device permit for a period of 90 days after the effective date of this chapter; provided, said alarm device was in operation on the effective date of this chapter.
6. The Township of Vernon shall have the power to revoke an alarm device
permit. An alarm device permit should 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 be revoked for the following reasons:
A. Failure of an alarm device to conform to the operational standards as set forth in §
13-103 of this Part.
B. Failure of a permit holder to pay a false alarm charge assessed to him/her (them) under the provisions of §
13-104 of this Part within 30 days of the mailing to him/her of an assessment of a false alarm charge.
C. The occurrence of more than four 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 16 years who resides on
the premises where the alarm device is located.
E. Failure of a permit holder with a direct alarm device to pay to the appropriate agencies installation or maintenance fees assessed to him/her under §
13-105 of this Part within 30 days of the due date thereof.
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 such revocation; provided, however, 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 Township of Vernon shall deny such 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 for one year from the effective date of the second revocation.
[Ord. 1991-2, 10/16/1991, § 3]
1. If an alarm device is designed to transmit a recorded message directly
to the dispatch center the duration of such recorded message shall
not exceed 60 seconds. The contents of the recorded message shall
be intelligible and in a format approved by the Police Department
and/or Fire Department.
2. 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.
3. A direct alarm device may be designed to dial only specific telephone
numbers designated by the dispatch center and to allow the permit
holder to abort the alarm signals.
4. A direct alarm device should be designed so that it interfaces with
the central receiving station maintained by the central dispatch center.
5. If an alarm device is designed to cause a bell, siren or other 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 30 minute device unless said unit cannot be modified
without replacement.
6. All alarm devices shall meet the applicable standards of the Underwriter's
Laboratories or the National Fire Protection Association and/or other
recognized industry standards and shall be permitted only under this
Part in conformance thereto. An alarm device which does not meet any
of the above standards and for which there is no recognized industry
standard will require the applicant for the 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.
7. The sensory mechanism used in connection with any alarm device must
be adjusted to suppress false indications of fire or intrusion so
that the alarm device shall not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises
such as the rattling or vibrating of doors or windows, vehicular noise
adjacent to the premises or other forces unrelated to genuine alarm
situations.
8. The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
[Ord. 1991-2, 10/16/1991, § 4]
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 of Vernon a charge for each and every false alarm after four per calendar year to which the Police and/or Fire Department responds in each calendar year pursuant to a schedule of charges established by the Board of Supervisors of Vernon Township. This charge shall be in addition to the penalties imposed pursuant to §
13-111 of this Part.
3. By the 10th of each month the Secretary of the Township of Vernon
shall notify the township of Vernon, in writing, of any chargeable
false alarms occurring in the previous month and the amount due for
the false alarm charge. Within 10 days thereafter the Township Secretary
shall notify the permit holder of said violation.
4. A false alarm charge shall be due and payable at the office of the
Township of Vernon within 30 days from the date of the mailing of
the notice of assessment of the charge.
5. 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 §
13-102, Subsection
8, of this Part.
6. 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 such person to the penalties as set forth in §
13-111 hereof.
[Ord. 1991-2, 10/16/1991, § 5]
If the location of the central dispatch center should change
at any time the Township of Vernon shall not be responsible for an
costs incurred by permit holders or other persons because of said
change in location.
[Ord. 1991-2, 10/16/1991, § 6]
No person shall conduct or test any alarm device without first
obtaining permission from the dispatch center. Where the equipment
is keyed through an intermediary, no such permission is necessary
unless the alarm or signal is to be relayed to the central receiving
station.
[Ord. 1991-2, 10/16/1991, § 7]
The issuance of any permit shall not constitute acceptance for
the Township of Vernon of any liability to maintain any equipment,
to answer alarms or otherwise render the Township of Vernon liable
to any person for any loss or damage relating to the alarm system
procedure.
[Ord. 1991-2, 10/16/1991, § 8]
1. Administration and enforcement of this Part shall be the function
of the Township of Vernon and will 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 or permit, failure to correct any deficiencies in equipment
or operation of an alarm device after receipt of due notice from the
Township of Vernon or not meeting other conditions or specifications
as set forth in 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 such standards imposes
a burden upon the Township as a result of false alarms.
C. Authority at reasonable times and upon written notice to enter upon
any premises within the Township Vernon to inspect the installation
and operation of an alarm device.
[Ord. 1991-2, 10/16/1991, § 9]
There is hereby created an appeal board of three citizens of
Vernon Township and which members shall not be affiliated with any
fire department located in the Township of Vernon or with the Vernon
Township Police Department and which Board shall be appointed by the
Board of Supervisors originally with staggered terms of one, two and
three years with reappointments being made at the annual reorganizational
meeting.
[Ord. 1991-2, 10/16/1991, § 10]
Whenever, under the provisions of this Part, the Fire Department
or 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 or permit holder aggrieved by such decision
may, within 10 days following the decision, file a written appeal
therefrom to the alarm appeal board whereby the alarm appeal board
shall promptly conduct the hearing within 30 days of the appeal petition
and affirm, modify or reverse the decision appealed from. The decision
of the alarm appeal board of Vernon Township shall be final.
[Ord. 1991-2, 10/16/1991, § 11; as amended by Ord.
1997-2, 3/6/1997; by Ord. 1998-2, 3/5/1998; and by Ord. 2000-4, 9/7/2000]
1. Any person or corporation violating §
13-104, Subsection
1, of this Part by creating an intentional false alarm shall upon conviction thereof in an action brought before a district magistrate in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure may 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 in excess of 90 days.
2. Any person, firm or corporation who shall violate the provisions of §
13-104, Subsection
2, of this Part, upon conviction thereof in an action brought before a district magistrate 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 $300 plus costs and in default of payment of said fine and costs to a term of imprisonment not to exceed 90 days.
[Ord. 1974-3, 12/18/1974, § 1; as amended by Ord.
1997-2, 3/6/1997]
1. Definitions.
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him/her in traveling or has in his
possession or control, upon any of the streets or sidewalks, from
house to house, by visitation to private residences or by entering
in or upon private property within the Township.
PERSON
Any natural person, association, partnership, firm, organization
or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery or for subscriptions
or contributions upon any of the streets or sidewalks, from house
to house, by visitation to private residences or by entering in or
upon private property within the Township.
SOLICITOR
Any person who shall engage in soliciting as herein defined.
2. Exceptions. The words "soliciting" and "peddling" shall not apply
to:
A. Farmers seeking or taking orders for the sale of their own products.
B. The seeking or taking of orders by any manufacturer or producer for
the sale of bread and bakery products, meat and meat products or milk
and milk products.
C. The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance.
D. Persons, corporations, partnerships and associations, their agents
or employees, who have complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., governing solicitations for charitable, benevolent, patriotic
or other purposes.
E. Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
3. In this Part the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 1974-3, 12/18/1974, § 2]
No person shall engage in soliciting or peddling in the Township
without first having taken out a license as herein provided.
[Ord. 1974-3, 12/18/1974, § 3]
1. Every person desiring to engage in soliciting or peddling in the
Township shall first make application to the Secretary of the Board
of Supervisors for a license. If such person shall also be required
to obtain a license from any County officer he/she shall, on making
such application, exhibit a valid County license. The application
shall be upon a blank provided by the Township Secretary and shall
contain at least the following information verified by oath or affirmation:
A. Full name of the applicant and local address, if any.
C. Name of employer or a statement that such applicant is self-employed.
D. The nature of the goods, wares, services or merchandise offered for
sale or the type of solicitation to be made.
E. A statement as to whether or not the applicant has ever been convicted
of any crime and if the answer is in the affirmative the nature of
the offense or offenses and the punishment or punishments imposed
thereon.
F. The type and license number of vehicles to be used, if any.
G. Upon request, the applicant shall furnish a photograph.
2. Where a person makes application for himself and one or more helpers
all applicable personal information specified above shall be given
for each helper and verified or affirmed by oath or affirmation by
him/her and an individual license shall be required for each helper.
No license under this Part shall be transferable from one person to
another.
[Ord. 1974-3, 12/18/1974, § 4; as amended by Ord.
1997-2, 3/6/1997]
No license shall be issued under this Part until a sum in an
amount as established, from time to time, by resolution of the Board
of Supervisors shall be paid unto the Township Secretary and it shall
be for the use of the Township. A separate application shall be filed
and a separate permit fee shall be paid by each person who shall actually
conduct the soliciting or peddling and shall apply where any employer
desires to secure licenses for his employees, agents or servants.
[Ord. 1974-3, 12/18/1974, § 5; as amended by Ord.
1997-2, 3/6/1997]
The license granted pursuant to this Part shall be valid for 30 days after the date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he/she shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods not exceeding twelve in number, upon payment in advance of a fee in an amount as established, from time to time, by resolution of the Board of Supervisors for each thirty-day period provided in §
13-204.
[Ord. 1974-3, 12/18/1974, § 6]
Such license, when issued, shall contain the information required
to be given upon the application therefore. Every solicitor or peddler
shall at all times, when engaged in soliciting or peddling in the
Township, carry such license upon his person and shall exhibit it
upon request to all police officers, Township officials and citizens.
No solicitor or peddler shall engage in selling any product or service
or solicitation not mentioned on such license.
[Ord. 1974-3, 12/18/1974, § 7]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after 6:00 p.m., prevailing time, nor shall any peddling
or soliciting be done anytime on Sunday.
[Ord. 1974-3, 12/18/1974, § 8]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the sidewalks or the streets,
highways, alleys or sidewalks of the Township for the purpose of soliciting
or peddling with or without any stand or counter.
[Ord. 1974-3, 12/18/1974, § 9]
No person licensed as a solicitor or peddler under this Part
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Township nor shall he/she use any loud speaker, bell,
whistle or other device for announcing his presence by which the public
is annoyed.
[Ord. 1974-3, 12/18/1974, § 10; as amended by Ord.
1997-2, 3/6/1997]
The Secretary shall keep a record of all licenses issued under
this Part and the Superintendent of Police shall apply daily for a
list of licenses issued hereunder since the previous day. The Police
Department shall supervise the activities of all holders of such licenses
and make a report thereof each month to the Board of Supervisors.
[Ord. 1974-3, 12/18/1974, § 11]
Any license issued under this Part may be suspended at any time
by the Secretary of the Township for violation of any of the provisions
of this Part or for giving false information on any application for
a license hereunder or for the applicant or licensee of such license
having been convicted of a crime involving moral turpitude after issuance
of such license or for the licensee having been convicted of disorderly
conduct under any law of the Commonwealth of Pennsylvania or any ordinance
of the Township. Appeals from any suspension may be made to the Board
of Supervisors at any time within 10 days after such suspension. No
part of a license fee shall be refunded to any person whose license
shall have been suspended.
[Ord. 1974-3, 12/18/1974, § 12; as amended by Ord.
1980-4, 10/2/1980, § 1; by Ord. 1997-2, 3/6/1997; and by
Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.