This chapter shall be commonly known and may be cited as the "Township of Spring Alarm Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring 9-11-1989 by Ord. No. 210 (Ch. II of the 2013 Code of Ordinances). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of this chapter is to provide standards and regulations for various types of burglar, fire and other emergency alarm devices which require response by the Township Police and/or the Township of Spring Fire Rescue Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions of this chapter shall apply to any person who operates, maintains, owns or rents any alarm device designed to summon the Township Police and/or the Township of Spring Fire Rescue Services to any location within the Township in response to any type of alarm signal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose 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 the Township of Spring Fire Rescue Services has occurred or is occurring.
A privately owned or rented and operated electronic, electrical, mechanical or similar device designed to transmit an alarm by wire, telephone, radio, audible signal (bell, horn, siren, etc.) or other means to the Township police, and/or Township of Spring Fire Rescue Services or to any person or firm who or which is instructed to notify the Township Police or Township of Spring Fire Rescue Services, or to any person who is within the sound transmission distance limits of such audible signal. This term shall not include "smoke detectors," normally installed in private residences, when such audible signal does not transmit to the outside of such private residence.
Any alarm actuated by inadvertence, negligence, or unintentional act of any person, and shall include alarms caused by malfunctioning of the alarm device or other relevant system. This term shall not include an alarm device set off due to electrical storms, or like circumstances, over which the person having an alarm device under this chapter has no control.
The fee payable to the Township resulting from false alarms which require response by the Township Police and/or Township of Spring Fire Rescue Services.
A false alarm resulting from the intentional activation of an alarm device by a person under circumstances where the person has no reasonable basis to believe that a crime, fire or other emergency warranting immediate action by the Township Police or Township of Spring Fire Rescue Services has occurred or is occurring.
Any individual, partnership, corporation, association, institution, cooperative enterprise, agency or any legal entity, whatsoever, which is recognized by law as the subject of rights and duties. The singular shall include the plural, and the masculine, the feminine and the neuter.
A person causing registration of an alarm device or a person having an alarm device registered under this chapter with the Township Police and/or Township of Spring Fire Rescue Services.
Any person having a presently existing alarm device, or installing an alarm device in any premises in the Township, shall submit the information, hereinafter specified, to the Township Police or Township of Spring Fire Rescue Services, which will document such alarm device with the Township.
The Township of Spring, Berks County, Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
It shall be unlawful for any person owning, leasing, maintaining 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 causing registration of such alarm device with the Township Police and/or Township of Spring Fire Rescue Services.
B.
In order to cause registration of such alarm device, a person shall submit the following information to the Township Police or Township of Spring Fire Rescue Services:
(1)
His, her or its name.
(2)
His, her or its home address and/or principal business address and the telephone number of each.
(3)
His, her or its email address.
(4)
The location at which the alarm device is or will be installed or operated; and type of alarm.
(5)
The names and 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 and address and phone number of the company which provides alarm service at the premises and which has on file with it, the names and telephone numbers of such authorized key holders.
C.
Any person having caused registration of an alarm device with the Township Police and/or Township of Spring Fire Rescue Services shall keep all information required with the original registration up to date. In case of any change in the original registration, notice of such change shall be made to the Township police or Township of Spring Fire Rescue Services within five days from such change. Notification shall be made in person or by mail.
D.
Notwithstanding the language contained in § 100-5A of this chapter, it shall not be unlawful for a person to continue to operate an alarm device on his premises without registering such alarm device with the Township Police and/or Township of Spring Fire Rescue Services, after the effective date of this chapter, provided that said alarm device was in operation before the effective date of this chapter, until such time as the Township police or Township of Spring Fire Rescue Services respond to an alarm resulting from the activation of such alarm device, whereafter such person shall have five days within which to cause registration of such alarm device, as required by this chapter. Failure of such person to cause registration within the required five days shall subject such person to the penalties as hereinafter provided for.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any alarm device installed in any premises within the Township, or operating in any premises within the Township must be maintained in good working order to assure reliability of such alarm device.
B.
If an alarm device is designed to cause an exterior bell, horn, siren or other sounding 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, horn, siren or other sounding device after 20 minutes of operation. All alarm devices shall meet the applicable standards of the Underwriters Laboratories and/or National Fire Protection Association, and/or other recognized industry standards and codes.
C.
The Township Police and/or Township of Spring Fire Rescue Services may require that repairs be made whenever it has been determined that such repairs are necessary to assure proper operation of an alarm device. Any person failing to make such required repairs within a period of seven days, following notification to make such repairs, shall be liable to the penalties hereinafter provided for.
It shall be unlawful for any person to cause an intentional false alarm. Any person violating this section shall be subject to the penalties hereinafter provided for.
[Amended 1-27-2003 by Ord. No. 293; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
For the first false alarm, emanating from an alarm device in any calendar year, no action will be taken against the registrant.
B.
When a second and any subsequent false alarm has occurred, the Chief of Police of the Township or the Township Fire Chief and or his/her designee shall notify the registrant of the alarm device from which the false alarm emanated within 10 days after such false alarm has occurred that an administrative fee is due and the amount thereof. Such notice shall also include that such administrative fee is payable to the Township, and shall be paid at the business office of the Township within 15 days, after receipt of the notice, and that failure to pay the administrative fee shall subject such person to the penalties as hereinafter provided for. Such notice shall be made by certified mail, or by personal service on the registrant, or an adult member of the registrant's family or an adult employee located at the address of the registrant.
C.
For the second false alarm emanating from an alarm device within the same calendar year, an administrative fee of $50 shall be imposed on the registrant.
D.
For the third false alarm emanating from an alarm device, an administrative fee of $100 shall be imposed.
E.
For the fourth or subsequent false alarms emanating from an alarm device, an administrative fee of $200 shall be imposed.
F.
False alarm administrative fees shall be determined by the Township Fee Schedule which shall be revised from time to time by resolution of the Township of Spring Board of Supervisors.
The registration of an alarm device within the Township shall not constitute acceptance by the Township of any liability to maintain such alarm device, or to answer alarms or for any other responsibility in connection therewith.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision of this chapter or refuses to pay an imposed false alarm administrative fee shall, upon conviction thereof before the proper Magisterial District Judge or, in the event of an appeal, before the Court of Common Pleas of Berks County, Pennsylvania, be subject to the penalty provisions of § 1-12, Summary offenses, of the Code of the Township of Spring.
In the event any provision, section, sentence, clause of any part of this chapter shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby, and shall remain in full force and effect.