Township of Upper Frederick, PA Chapter 80 Alarm Systems

[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Frederick 3-14-1996 by Ord. No. 96-2. Amendments noted where applicable.]

§ 80-1 Definitions and word usage.

A. Words used in the singular include the plural; words in the plural include the singular; words used in the present tense include the future.

B. The word "shall" is always mandatory.

C. Specific definitions. The following words, terms and phrases, as used in this chapter, shall have the following meanings given herein, unless the context specifically and clearly indicates otherwise:

ALARM EQUIPMENT SUPPLIER

Any person, firm or corporation who sells or leases or installs automatic protection devices.

AUDIBLE ALARM

Any device, bell, horn or siren which is attached to the interior or exterior of a building and emits a warning signal audible outside the building and designed to attract attention when activated by a criminal act or other emergency requiring police, fire or emergency personnel to respond.

AUTOMATIC PROTECTION DEVICE

An electronically, electrically or mechanically operated instrument composed of sensory apparatus and related hardware which automatically transmits an alarm over regular telephone line by direct or indirect (through a central processing center or intermediary) connection to the police or a fire company, upon receipt of a stimulus from sensory apparatus that has detected a physical force or condition inherently characteristic of a fire or intrusion.

FALSE ALARM

Any signal activated by an automatic protection device, any audible alarm of any other kind, direct or indirect, signal given the police or fire communication center to which police or a fire company respond, which is not the result of a fire, burglary, robbery attempted burglary or robbery or similar emergency.

FIRE COMPANY

The Upper Frederick Township Fire Company, or any other fire company responding pursuant to any mutual aid agreement.

FIRE MARSHAL

The individual appointed by the Upper Frederick Township Fire Company to serve as Fire Marshal.

PERSON

Any person or persons, corporation, association, partnership, company, owner, occupant, lessee or any agency, organization or other entity recognized by law as the subject of rights and duties.

POLICE or POLICE DEPARTMENT

Any state or local police force responding to emergencies in Upper Frederick Township.

TOWNSHIP

The Township of Upper Frederick, Montgomery County, Pennsylvania.

USER

Any person who owns, leases or otherwise possesses an automatic protection device for use on any property in Upper Frederick Township.

§ 80-2 Audible alarms; automatic timing mechanisms.

A. After the enactment of this chapter, persons must equip audible alarms with a timing mechanism that will disengage the audible alarm after a maximum period of 15 minutes. Audible alarms without such a timing mechanism shall be unlawful in the Township and must be disconnected by the persons within 60 days from the effective date of this chapter. Excepted from this requirement are fire suppression systems with audible alarms activated by the flow of water.

B. Any sensory mechanism used in connection with an automatic protection device must be adjusted to suppress false indications of fire or intrusion, so that the device will not be actuated by impulses due to fleeting pressure changes of water pipes, short flashes of light, rattling or vibrating of doors and windows, vibrations to the premises caused by the passing of vehicles, or any other force not related to genuine alarms.

C. All components comprising such a device must be maintained by the user in good repair to assure maximum reliability of operation.

§ 80-3 Testing; repair.

A. No persons shall conduct any test or demonstration of an automatic protection device without first obtaining permission from the police and Fire Marshal, or his designated agent. Where the equipment is keyed through an intermediary, no such permission is necessary unless the alarm or signal is to be relayed to the police or fire company.

B. Prior to direct connection to any police department or fire company, every automatic protection device shall be operational and tested for a period of 90 days, and certified as having been so tested on the registration form.

C. At the time of installation, an alarm equipment supplier shall furnish to all of its users written information as to how service may be obtained at any time, including the telephone number of an alarm equipment supplier or agent responsible for service. Such users and the alarm equipment supplier or agent supplying a service shall be responsible for having the device disconnected or repaired as quickly as possible after notice that the automatic protection device is not functioning properly.

D. Alarm equipment suppliers, installers of audible alarms and intermediaries shall furnish, prior to the time of contracting and at their own expense, a copy of this chapter to users of the equipment or services to be supplied.

§ 80-4 Registration.

[Amended 8-13-1998 by Ord. No. 98-4]

A. All automatic protection devices located within the Township shall be registered with the Township prior to its installation. All presently existing automatic protection devices shall be registered within 60 days from the effective date of this chapter. There shall be no fee for registration within 60 days of this chapter, or within 21 days of the installation. Any late registration shall require a fee in an amount as established from time to time by resolution of the Board of Supervisors. Any late registration made after a false alarm shall require a fee in an amount as established from time to time by resolution of the Board of Supervisors.

B. Registration shall require, inter alia, all of the following information:

(1) Name and street address of the owner, lessee or occupant of any building containing an automatic protection device.

(2) The name, address and telephone number of any person or entity acting as an intermediary, servicing and repairing facility, central processing facility.

(3) Name, address and telephone number of an adult not resident in the alarmed premises able to respond to the premises within 30 minutes in the event of an emergency. Such person shall have authority and ability to enter the premises.

(4) A certification, if appropriate, of testing as required by § 80-3B of this chapter.

C. All locations with an automatic protection device shall have its street number address posted so that the same will be visible at night from the street.

D. The registration form shall contain an acknowledgment by the registrant that in the event of an alarm, the fire company may forcibly enter the premises, if warranted, in the reasonable discretion of the officer in charge, and that there shall be no liability for damages or inquiries resulting from the response to the call or forcible entry and appropriate search through the premises.

§ 80-5 False alarms.

A. Any person who installs, or permits to be installed, in any building, used or occupied for any purpose, any answering device, audible alarm, automatic protection device or central station protection system, whereby false alarms are transmitted to the police department, a fire company or any other municipal office or officer shall be in violation of this chapter.

B. Any person who owns, leases or occupies a building which has an answering service, audible alarm, automatic protection device or central station protective system installed, and such equipment results in continual accidental activation, shall be in violation of this chapter.

C. "Continual accidental activation" shall be defined to mean in excess of one alarm within a six month period, resulting from any cause other than an actual emergency for which the alarm is sent.

D. When messages evidencing failure to comply with the operational requirements of this chapter are received by a fire company or police department, and a representative of the police or Fire Marshal conclude that the automatic protection device should be disconnected in order to relieve the particular department of the burden of responding to false alarms, each or both is/are authorized to demand that the user of the device, or his representative, disconnect the device, or his representative, disconnect the device until it is made to comply with operational requirements. If disconnection of the defective device is not accomplished promptly, and the police and/or Fire Marshal determine that the malfunctioning device is repeatedly sending false alarms without any intermittent valid alarms, they may take steps necessary to disconnect the defective automatic protection device. Any expenses so incurred by the Township shall be promptly reimbursed by the owner or lessee of the defective device.

E. For the purposes of enforcing this chapter, it shall be a condition of installing and maintaining an automatic protection device that the building inspector or the Fire Marshal or police may enter upon a user's premises within the Township at such reasonable times and upon such reasonable notice to inspect the installation or operation of an automatic protection device. Each user shall cooperate with such officials in every reasonable manner to permit such inspections.

§ 80-6 Violations and penalties.

[Amended 8-13-1998 by Ord. No. 98-4; 12-14-2000 by Ord. No. 00-4]

Any person, firm or corporation who, after 30 days' written notice, shall fail to register an automatic protection device as required by § 80-4 hereof, or shall violate any other provision of this chapter, 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 chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.