[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 3-20-1989 by Ord. No. 255 (Ch. 45 of the 1982 Code). Amendments noted where applicable.]
For purposes of this chapter, the following
terms are defined as follows:
A communication indicating or warning that a crime, fire
or other emergency situation warranting immediate action by the Township
police or local fire companies has occurred or is occurring.
A privately owned and operated electronic, electrical, mechanical
or similar device designed to transmit an alarm by wire, telephone,
radio, audible signal (bell, siren or buzzer) or other means to the
Township police, any person or firm who or which is instructed to
notify the Township police, or any person who is within the sound
transmission distance limits of such an audible signal.
An alarm (excluding those operated by internal alarm devices)
to which the Township police or local fire companies respond, resulting
from the activation of an alarm device, when it appears that a crime,
fire or other emergency warranting immediate action by the Township
police or local fire companies has not occurred at the premises where
the alarm was transmitted.
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where the individual
had no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the Township police or local fire companies
has occurred or was occurring.
A person to whom the Township police have issued an alarm
device permit.
An individual, corporation, partnership, incorporated association
or other legal entity.
[Amended 4-20-2009 by Ord. No. 468]
A.
It shall be unlawful for a property
owner, lessee of property or a person otherwise occupying a premises
in the Township to put an alarm device into operation on his or its
premises, or to allow an alarm device to be put into operation on
his or its premises, without first obtaining an alarm device permit
from the Township police.
B.
In order to apply for an alarm
device permit, a person shall submit an application to the Township
Chief of Police, stating the following:
(1)
His or its name.
(2)
His or its home address and/or
principal business address and the telephone number of each.
(3)
The location at which the
alarm device will be installed and operated.
(4)
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 location of
the alarm device or, in lieu thereof, the name, address and telephone
number of a security service company which provides alarm services
at the premises and which has on file with it the names of such authorized
key holders.
(5)
A complete description of
the alarm device, including a copy of operating instructions, and
whether the same is coordinated with any other antipersonnel device(s)
or, in lieu thereof, the name, address and telephone number of a security
service company which has in its possession knowledge or data describing
the alarm device and its operation instructions.
(6)
If the alarm 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. 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, state that neither I(we), nor
anyone claiming by, through or under me(us), shall make any claim
against the Township of Muhlenberg for any damage 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, circumstances
appear to warrant a forced entry.
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"Further, I(we) hereby agree that periodically, and upon five
days' written notice, representatives of the Township police shall
be allowed to enter my(our) premises between the hours of 10:00 a.m.
and 5:00 p.m. on weekdays for the purpose of inspecting my(our) alarm
device installation in order to determine whether or not it is in
accordance with the operational standards set forth herein."
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(7)
The Township police shall
furnish forms upon which any person wishing to apply for an alarm
device permit may submit his application.
C.
A person applying for an alarm
device permit shall submit a fee, in an amount set by resolution of
the Board of Commissioners from time to time, along with his application
to cover the cost of issuing the permit.
D.
The Township Chief of Police shall,
within 10 weekdays from 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 or its application has been denied
and the reason or reasons why it has been denied.
E.
An application for an alarm device
permit may only be denied for the following reasons:
F.
Notwithstanding the language contained in Subsection A 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 chapter, provided that said alarm device was in operation on the effective date of this chapter. Thereafter, the provisions of this section shall apply.
G.
The Township Chief of Police shall
have the 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:
H.
An alarm device permit may only
be revoked for the following reasons:
(1)
Failure of an alarm device to conform to the operational standards set forth in § 110-3 of this chapter.
(2)
Failure of a permit holder to pay a false alarm charge assessed to him by the Township police under the provisions of § 110-4A of this chapter within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
(3)
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.
I.
A person who has had his alarm device permit revoked under Subsections G and H of this section may reapply for an alarm device permit 45 days after the effective date of such revocation; provided, however, that if a person's alarm device permit was revoked for nonpayment of a false alarm charge, the Township Chief of Police 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.
A.
If an alarm device
is designed to transmit a recorded message, the duration of such recorded
message shall not exceed 15 seconds. The contents of said message
shall be intelligible and in a form approved by the Township police
and/or the Township fire company representative.
B.
Except in the
case of fire, smoke and personal safety alarm devices, an alarm device
shall be designed so that a thirty-second delay occurs between the
time the alarm device receives a triggering stimulus and the time
the alarm device transmits an alarm.
C.
If an alarm device
is designed to cause an exterior 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 20 minutes of operation.
D.
At the time of
installation, 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. The applicant
for a permit may be required to submit evidence of the reliability
and suitability of the alarm device.
E.
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 or
vibrating of doors or windows, vehicular noises adjacent to the premises
or other forces unrelated to genuine alarm situations.
F.
The alarm device
must be maintained by the permit holder in good repair to assure reliability
of operation.
[Amended 4-20-2009 by Ord. No. 468]
A.
Intentional false alarms. It shall
be unlawful to cause an intentional false alarm.
B.
False alarm charges.
(1)
A permit holder shall pay
to the Township a charge for each false alarm emanating from his alarm
device in an amount set by resolution of the Board of Commissioners
from time to time.
(2)
When a false alarm occurs,
the Township Chief of Police or his designee, within 10 days from
the date of each false alarm, shall notify the permit holder of the
alarm device from which the false alarm emanated that a false alarm
charge is due and the amount thereof, if any. Such notice shall be
in writing and shall be mailed to the permit holder at his last known
address by regular mail, postage prepaid. Failure of the Township
Chief of Police to mail notice of assessment of a false alarm shall
preclude the Township from assessing a false alarm charge for said
false alarm.
(3)
A false alarm charge shall
be due and payable at the office of the Township police 30 days from
the date of the mailing of the notice of assessment of the false alarm
charge.
(4)
Failure of a permit holder to pay a false alarm charge on or before the due date shall subject such permit holder to revocation of permit under § 110-2 of this chapter and shall be a violation of this section, punishable under § 110-7, and in the case of a business shall result in revocation of a business license under § 318-13.
(5)
In the case of a new installation
of an alarm device, a thirty-day testing period shall apply to allow
the security service company and the applicant to adjust the system
as necessary to prevent a false alarm. During this thirty-day period,
a false alarm charge shall not be assessed.
The issuance of any permit shall not constitute
acceptance by the Township of any liability to maintain any equipment,
to answer alarms or for any other responsibility in connection therewith.
Whenever under the provisions of this chapter
the Township Chief of Police is empowered to make a decision with
respect to the installation, operation, maintenance of or abuse of
use 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 said decision may, within 10 days following said
decision, file a written appeal therefrom with the Board of Commissioners
of the Township, whereupon said Board shall promptly conduct a hearing
and affirm, modify or reverse the decision appealed from. The decision
of the Board of Commissioners of the Township shall be final.
[Amended 4-20-2009 by Ord. No. 468; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I).]
Any person, including living persons, or a firm,
corporation or other legal entity who has committed an unlawful act
under any provision of this chapter shall, upon conviction, be sentenced
to pay a fine of not more than $600 plus the costs of prosecution
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days. Every day
that a violation of this chapter continues shall constitute a separate
offense.
