[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 6-10-1992 by Ord. No. 92-289 (Ch. 48 in the 1996
Code). Amendments noted where applicable.]
It is the intent and purpose of this chapter
to adopt emergency alarm provisions which will prescribe effective
standards, requirements and controls to reduce the frequency of false
alarms within the municipality.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
A communication to a public safety agency indicating that
a crime, fire or other emergency situation warranting immediate action
by a public safety agency has occurred or is occurring.
The business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any alarm system or causing
any alarm system to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved or installed in or on any building, structure
or facility.
A service whereby trained employees, in attendance at all
times, receive prerecorded voice messages from automatic dialing devices
reporting an emergency at a stated location, where such employees
have the duty to relay immediately by live voice any such emergency
message over a trunk line to the communications center of a police
or fire agency.
Any device, bell, horn, or siren which is attached to the
interior or exterior of a building, structure, or facility and emits
a warning signal audible outside the building, structure or facility
and is designed to attract attention when activated by a criminal
act or other emergency requiring police or fire agency response.
A device which is interconnected to a telephone line and
is programmed to transmit a signal by a voice or coded message that
indicates that an emergency condition exists and the need for an emergency
response is required.
A protective system or group of such systems operated privately
for customers by a person, firm or corporation which accepts recorded
messages from automatic dialing devices at a central station having
operators and/or guards in attendance at all times who have the duty
to take appropriate action upon receipt of a signal or message, including
the relaying of messages to the communications center of the police
or fire agency.
The Chief of the Patton Township Police Department.
The Centre Region Council of Governments.
The Director of the Centre Region Code Administration Agency.
A police, fire, hazard or medical emergency.
An alarm activated in the absence of an emergency,
whether willfully or by inadvertence, negligence or unintentional
act, including the malfunction of the alarm system, the intentional
activation of a holdup alarm for other than a holdup in progress,
the intentional activation of a burglary alarm for other than a burglary,
the intentional activation of a medical alarm for other than a medical
emergency or the intentional activation of a fire alarm for other
than a fire or hazard to which a police or fire agency responds.
Exceptions: an alarm caused by the testing or
repairing of telephone or electrical lines or equipment outside the
premises; acts of God, such as earthquakes, floods, windstorms, thunder
or lightning; an attempted illegal entry of which there is visible
evidence; a crime in progress; or, in the case of an emergency medical
alarm, an actual medical emergency requiring police, fire and/or medical
personnel.
The Alpha Fire Company.
The Chief of the Fire Agency or an authorized designee.
A fire, smoke or overheating.
An explosion; leak of toxic gas, liquid or solid; or a potential
explosion or leak.
A central station protective system or an answering service
as herein defined.
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic dialing device.
An emergency involving the health of a person.
The Township of Patton.
Written authorization granted to an applicant by the Director
upon payment of the required fee.
An individual, corporation, partnership, incorporated association
or similar entity.
The Centre Region Police Departments.
An incident requiring prompt response by a police agency.
The police and fire communications rooms and other rooms
which house communications equipment.
A legal document authorizing a person the right to sell,
install and service an alarm system within the municipality.
The Centre Region Police Departments and Fire Companies.
A permit and/or license shall be governed by
the following requirements on and after the effective date of this
chapter:
A.
An alarm system permit shall be required for each structure having an alarm system or multiple alarm systems. The provisions of § 130-6, entitled "Alarm system permit; fee," shall apply.
B.
A building permit
shall be required for the installation of an alarm system unless the
system is battery-powered.
C.
An annual professional alarm license shall be required for persons selling, installing or servicing alarm systems within the municipality. The provisions of § 130-5, entitled "Professional alarm license," shall apply.
D.
The alarm system
permit and professional alarm license fees shall be established by
resolution of the municipality.[1] The building permit fee shall be established through the enforcement of the Uniform Construction Code by the municipality, as set forth in Chapter 170, Construction Codes, Uniform.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: The current fee schedule is
on file in the Township offices.
E.
Exceptions.
(1)
The owner
or occupant of the structure is exempt from an alarm system permit
and professional alarm license when installing an alarm system, provided
that the purpose of the audible alarm is to notify the occupants of
the structure of an emergency situation, the audible alarm does not
sound outside the structure (no external speakers), the internal signal
emitted by the audible alarm does not exceed 90 decibels at the property
line and the alarm signal device when activated notifies only the
owner or occupant when they are not on the premises.
(2)
The municipality
and COG shall be issued an alarm system permit where applicable and
shall be exempt from any alarm system permit fees.
A.
Exterior alarms.
On and after the effective date of this chapter, owners or users of
exterior audible alarms must equip such exterior audible alarms with
a timing mechanism that will disengage the exterior audible alarm
after a maximum of 15 minutes except for water flow alarms. Exterior
audible alarms without such a timing mechanism shall be unlawful in
the municipality and must be disconnected by the owner or user within
60 days from the effective date of this chapter.
B.
Automatic dialing
devices. On and after the effective date of this chapter, no automatic
dialing devices may be keyed to the police and fire communications
center.
A.
On and after the
effective date of this chapter, no one except an alarm supplier holding
a valid professional alarm license (hereinafter referred to as "license")
from the municipality or its designee shall sell, install or service
any alarm system within the municipality.
B.
The Director shall
issue a license to an alarm supplier meeting the requirement of this
section upon the filing of the required application and payment of
a fee as established by resolution.[1] Each license shall be an annual license and bear the signature
of the Director. A copy of the license shall be physically displayed
upon each of the premises using the alarm system and shall be available
for inspection by the Director or by an authorized code inspector.
A license is not required where no alarm system permit is required.
[1]
Editor's Note: The current fee schedule is
on file in the Township offices.
C.
The alarm supplier
applying for a license shall furnish the Director an insurance certificate
on an annual basis confirming that the alarm supplier has in force
general liability insurance coverage in an amount of not less than
$300,000 for each occurrence. The alarm supplier who self-insures
such coverage shall furnish evidence of financial ability.
D.
No corporation,
sole proprietor, partner, joint venturer, trustee, executor, administrator,
employee, fiduciary or stockholder with a 5% or greater interest in
a corporation (except a corporation whose stock is publicly traded
and registered with the Securities and Exchange Commission or with
a state securities commission) applying for a license shall have been
convicted of a felony or pleaded nolo contendere to a felony charge
or indictment.
E.
Alarm suppliers
shall demonstrate a working knowledge of burglar, fire or supervisory
alarm systems that they sell and shall be authorized by the manufacturer
of the alarm equipment to sell, install and maintain the same.
F.
A license shall
be revoked or renewal denied when:
(1)
The alarm
supplier fails to meet the requirements necessary to obtain a license.
(2)
The license
fee is not paid.
(3)
The Director,
Chief of Police, Fire Chief or their designee has reason to believe
the alarm supplier's installations are the cause of false alarms.
(4)
The alarm
supplier fails to provide emergency service as required by this chapter.
G.
Every alarm supplier
that installs one or more alarm system in the municipality shall make
service available directly or through an agent on a twenty-four-hour-per-day
basis, seven days a week, to repair in a timely manner such devices
and to correct malfunctions as they occur. Any person using an alarm
system shall make arrangements for service to be available for such
device on a twenty-four-hour-per-day, seven-days-per-week basis.
H.
Every alarm supplier
who, after the effective date of this chapter, sells or leases in
the municipality an alarm system shall furnish operating instructions
and manual to the buyer or lessee.
A.
The fee for an
alarm system permit shall be established by resolution of the municipality
and said permit shall be obtained by or on behalf of the owner of
the premises upon which the alarm system is installed from the Centre
Region Code Administration Agency prior to the installation of the
alarm.
B.
The alarm system
permit shall bear the signature of the Director and be valid for the
period that the owner owns the premises upon which the alarm system
is installed, or until revoked by the Director. The permit shall be
physically present upon the premises using the alarm system and shall
be available for inspection by the Director or by an authorized code
inspector.
C.
The alarm system
permit shall contain the address of the property, the name of the
business (if applicable), the name of the owner, tenant or agent responsible
for the property, the alarm supplier or other entity responsible for
maintaining the system (if applicable), the type of alarm (fire, burglary,
holdup or medical), at least two alternate emergency numbers of persons
to be contacted to secure the property and any additional information
as may be determined to be necessary. It shall be the owner's responsibility
to amend the foregoing information whenever the information changes
during the life of the permit.
D.
Persons who fail
to obtain an alarm system permit within 60 days after an alarm system
is activated or within 60 days after the effective date of this chapter
shall be liable to pay a late charge penalty as designated by resolution
of the municipality for each calendar month or part thereof that the
permit is not obtained.
A.
Every alarm supplier
selling, leasing or furnishing to any user or a user who privately
installs an alarm system which is located on premises within the municipality
shall:
(1)
Be permitted
to install only equipment that is listed by Underwriters' Laboratories,
Inc., as being electrically safe and meeting the municipality's requirements
for the alarm system. Wiring for the alarm system must conform with
all applicable municipal codes.
(2)
Be required
to cause each alarm system installed to be provided with standby battery
power which shall automatically and immediately take over in the event
of a power failure without initiating an alarm except for a trouble
signal.
(3)
Be required
to install equipment in such a way as to neutralize electrical surges
on the alarm system.
(4)
Be required
to deactivate any alarm system within a reasonable period of time
when multiple false alarms are received.
B.
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 noise adjacent to the premises
or other forces unrelated to genuine alarm situations.
C.
Application for
a permit for the installation of an alarm system and subsequent installation
of such a system, pursuant to a permit issued or the continuance of
the use of any alarm system already installed, at the effective date
of this chapter shall constitute consent by the owner or lessee thereof
and authorization for the inspection of any such installation and/or
operation by the Director or their representative.
D.
All such entries
upon the premises where an alarm system is installed and all such
inspections of the installation and operation of alarm systems shall
be at reasonable times and upon reasonable notice, except in emergency
situations.
A.
The permittee
shall be notified, in writing, by the Public Safety Agency for each
and every false alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence or unintentional act, including
the malfunction of the alarm system to which the police or fire agency
responds. Each twenty-four-hour period during which an alarm occurs
shall constitute a separate offense and each offense shall accumulate
over a twelve-month period, as follows:
|
Alarm
|
False Alarm Notification
|
|---|---|
|
First
|
Written warning
|
|
Second
|
Written warning
|
|
Third
|
Written warning
|
|
Fourth
|
Charge as established by resolution
|
|
Fifth
|
Charge as established by resolution
|
|
Each additional
|
Charge as established by resolution
|
B.
When the fourth
and subsequent alarm occurs, the Public Safety Agency shall, within
20 days from the date of the false alarm, notify the permittee that
a false alarm charge is due and payable and the amount thereof. Such
notice shall be forwarded by certified mail to the permittee at their
last known address. Failure of the Public Safety Agency to mail notice
of assessment of the false alarm change within 20 days from the occurrence
of a false alarm shall preclude the municipality from assessing a
false alarm charge for said false alarm.
C.
A false alarm
charge shall be due and payable at the office of the municipality
25 days from the date of the mailing of the notice of assessment of
the charge. The municipality and COG shall be exempt from payment
of all fees.
D.
Failure of the permittee to pay a false alarm charge on or before the due date shall constitute a violation of this chapter and shall subject said person to the penalties set forth in § 130-9 hereof.
E.
If doubt exists
as to the cause of the false alarm, the Chief of Police or Fire Chief
or their designee shall make a decision regarding the circumstances
of the activation.
F.
Multiple alarms
received by the police or fire agency before the system can be deactivated
within a reasonable period of time shall be considered a single alarm.
A.
Should any person fail to pay the false alarm charges as required under § 130-8 of this chapter, such failure shall constitute a violation of this chapter, and such unpaid charges may be collected as fines by suit or civil proceeding brought in the name of the municipality before any Magisterial District Judge of this commonwealth having jurisdiction. Such proceedings for such violations and for the collection of such fees imposed herein and unpaid may be commenced by warrant or by summons, at the discretion of the Magisterial District Judge before whom such proceedings are begun. Each twenty-four-hour period during which failure to comply continues shall constitute a separate violation of the terms of this chapter.
B.
Any person who
is convicted of a violation shall be subject to prosecution in a civil
proceeding brought before a Magisterial District Judgee having jurisdiction
and, upon conviction, shall be liable for a fine of not less than
$100 nor more than $600, and court costs, including reasonable attorney
fees. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
Rules of Civil Procedure.
[Amended 8-14-1996 by Ord. No. 96-330]
C.
The municipality
and COG shall be exempt from all penalties under this chapter.
A.
The issuance
of any permit under this chapter shall not constitute acceptance by
the municipality or COG of any liability to maintain any equipment,
to answer alarms nor otherwise render the municipality or COG liable
to any person for any loss or damage relating to the alarm system
or procedure.
B.
In the event
that the owner of such premises is a person other than the permit
applicant, as in the instance of a lessee or other user not the owner
of the premises on which the alarm is installed, such permit application
shall constitute an indemnification agreement by the applicant to
hold harmless any such police officer or firefighter, the Police Department
or the Fire Department, the municipality or COG, as appropriate, from
any and all damages whatsoever claimed by the lessor or owner of the
premises on which the alarm is installed.
Administration and enforcement of this chapter
shall be a function of the Code Administration Agency and Police Services
of the municipality 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 a permit, failure to correct any deficiencies in equipment or
operation of an alarm device connected to the central receiving station
after due notice or not meeting other conditions and specifications
of this chapter.
B.
Authority to
order the disconnection of an alarm device to the central receiving
station for a violation of this chapter or failure to pay any of the
appropriate fees.
Any applicant or permit holder shall have a
right of appeal under this chapter. An appeal may be taken to the
municipality on a decision regarding installation, operation or maintenance
of an alarm device for which a permit has been requested and is denied
or upon which a permit has been issued and a revocation of said permit
has occurred. Such an appeal, when filed, shall be in writing and
filed within 10 days following such decision. The appeal shall be
filed with the governing body of the municipality making the decision.
The governing body shall promptly conduct a hearing to affirm, modify
or reverse the decision appealed from. The decision of the governing
body shall be final.
