[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 9-13-1989 by Ord. No. 89-9; amended in its entirety 8-14-1991 by Ord. No. 91-15. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ALARM SYSTEM
Any mechanical or electrically operated instrument composed of sensory apparatus and related hardware which is designed or used for the detection of smoke, fire or an unauthorized entry or attempted entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure or facility or both and which emits a sound or transmits a signal or message when activated. Alarm systems include, but are not limited to, local alarm systems, audible alarms, automatic telephone devices, alarms connected directly to the communications center, central stations, and certain proprietary systems. This definition shall not include the following devices and their related hardware:
A. 
Devices which are not designed for and as used do not register alarms that are audible, visible or perceptible outside of the protected building, structure or facility unless fire or police response is expected or is a result of the alarm; smoke alarms installed for residential use, and meeting this criteria, shall not be included in the definition of "alarms"; or
B. 
Devices which are designed for and installed upon motorized vehicles or trailers; or
C. 
Devices maintained and operated by the Police Department used for the detection of unlawful acts and sometimes known as a "portable stake-out alarm system."
ALARM USER
Any person on whose premises an alarm system is maintained, upgraded or modified and which system is not specifically exempted from regulation under this chapter.
AUTOMATIC TELEPHONE DEVICE
An alarm system which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by prerecorded voice message or coded signal an emergency message indicating a need for emergency response.
CENTRAL STATION
Any office, to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits and/or where guards are maintained continuously to investigate alarm signals.
CODE INSPECTOR
The Borough of Langhorne Code Inspector or his designated representative. Wherever in this chapter duties or responsibilities are assigned to the Inspector, he may delegate them to such person or persons within the Borough as he deems necessary and expedient for the effective administration of this chapter. At all times, the Borough of Langhorne Police Department shall also have the powers to assess fines and enforce the provisions of this chapter.
FALSE ALARM
The intentional activation of the alarm system under circumstances where the physical security of the premises or safety of the activator or other persons upon the premises is not threatened. The Borough of Langhorne Police Department, the Borough of Langhorne Code Inspector, or their designated representative shall determine whether an alarm is false, faulty, or real.
FALSE/FAULTY ALARM FEE
The false/faulty alarm fee required for false/faulty alarms occurring during the calendar year.
FAULTY ALARMS
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the alarm user or of his family, employees, agents, guests or invitees. Such terminology does not include alarms caused by hurricanes, tornadoes, earthquakes, lightning or other extreme weather conditions and causes, except those specifically set forth above, which are beyond the control of the alarm user. The Borough of Langhorne Police Department, the Borough of Langhorne Code Inspector, or their designated representative shall determine whether an alarm is false, faulty, or real.
INDIRECT ALARMS
Are alarms from a home, business or other facility to a central station, an answering service, or an alarm that when activated causes an audible and/or visible warning signal which can be heard and/or seen outside the building, is designed to attract attention when activated by an intrusion or other emergency requiring Fire or Police Department response.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind and, when used in any clause prescribing and imposing a penalty, "person" includes the individual members, partners, officers and managers, or any of them, of partnerships, associations and similar entities, and the officers, directors and managers, or any of them, of corporations.
PROPRIETARY SYSTEM
Any alarm system which sounds within the protected premises or a control center under the supervision of the proprietor of the protected building, structure or facility. If police or fire response is expected or is a result of that proprietary alarm signal or message, it thereby becomes an alarm system as defined by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Intentional false alarm. In accordance with the Crimes Code, 18 Pa.C.S.A. § 4905, a person commits an offense if he or she knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer for dealing with emergencies involving danger to life or property. An offense under this subsection is a misdemeanor of the first degree unless the transmission of the false alarm of fire or other emergency occurs during a declared state of emergency and the false alarm causes the resources of the organization to be diverted from dealing with the declared state of emergency, in which case the offense is a felony of the third degree. Alarm users should be on notice that intentional activation of any alarm system under circumstances where the physical security of the premises or safety of the activator or other persons upon the premises is not threatened which is responded to by the Fire or Police Departments may subject the activator to prosecution for violation of the Crimes Code, 18 Pa.C.S.A. § 4905.
B. 
Investigation of false/faulty alarms. The Borough of Langhorne Police Department, the Borough of Langhorne Code Inspector, or their designated representative shall determine whether an alarm is false, faulty, or real. At the direction of the Code Inspector or the Police Department, every alarm user shall investigate false/faulty alarms transmitted from any alarm system they have installed or presently service where the police or Code Inspector have been unable to determine the cause of a recent false/faulty alarm, and thereafter submit a written report of their findings within 15 days of being directed to conduct the investigation unless the time to report has been extended by the Police Department or the Code Inspector for good cause shown.
A. 
Audible alarm systems. Local alarm systems shall be equipped with a timing mechanism that shall disengage the audible and/or visual alarm after a maximum period of 30 minutes. Audible alarms without such a timing mechanism other than fire alarms shall be unlawful in the Borough and shall be disconnected by the user within 60 days from the effective date of this section.
B. 
Inspections. Every premises upon which an alarm system is installed shall be subject to inspection at reasonable times by authorized personnel of the Department of Fire, Police or Code Inspector. Such inspection to be limited to such areas as are necessary to inspect the installation and operation of the alarm system.
C. 
Maintain current information. If requested, it shall be all businesses', commercial properties' and owners' responsibility to immediately notify the Code Inspector and the Police Department of any information required by the Code Inspector or the Borough of Langhorne Police Department, including but not limited to the type of system used, who is to be notified in an emergency, or what items are stored on the premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
An alarm user may not, after causing or permitting three false alarms to occur in a consecutive twelve-month period, cause or permit a subsequent false alarm to occur in the same consecutive twelve-month period. A person that violates this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $300.
B. 
The police, the Code Inspector, or their designated representative shall determine whether an alarm is false, faulty, or real.
C. 
The purpose of the fines is to encourage and facilitate the correction of malfunctioning alarm systems to conserve fire and police resources.
The information furnished and secured pursuant to this chapter shall be confidential in character and shall not be disclosed except in accordance with law, order of court, or if required in connection with the administration and enforcement of this chapter.
This chapter shall be enforced by the Code Inspector, the Police Department, or their designated representatives.
If any section, paragraph, subsection, clause or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than that portion specifically declared invalid.
This chapter shall become effective in accordance with the provisions of the Borough Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 3301.