[HISTORY: Adopted by the Board of Commissioners of the Township of
Cheltenham as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-29-1977 by Ord. No. 1431
as Ch. 14, Art. IX of the Cheltenham Code]
Any person, firm or corporation living or doing business within the
Township of Cheltenham shall be eligible to apply to the Board of Commissioners
for permission to connect his or her premises located in the township with
the emergency alarm equipment of the township located in the Township Police
Administration Building, Elkins Park, Pennsylvania.
No application for permission to connect shall be approved until the
applicant agrees in writing to relieve and save harmless the Township of Cheltenham
from:
A.
Any expense in connection with the installation and maintenance
of the facilities desired by applicant.
B.
Any liability by reason of failure of any equipment.
C.
Liability for any loss, injury or damage to persons or
property caused wholly or in part by any act or acts or omission or omissions
of the township or applicant or of any of their employees or agents.
[Amended 11-21-1995 by Ord. No. 1846-95]
No permit shall be issued until the applicant pays an installation fee
to be set by resolution of the Board of Commissioners.[1] A yearly rental fee, payable in advance, shall be paid by all
persons, firms or corporations connected into the township alarm system and,
upon failure to pay, upon due notice, the township shall disconnect the premises
of the permittee from the township alarm system.
The Township Commissioners of Cheltenham Township reserve the right,
at any time in their sole discretion, to discontinue any or all connections
to the township's emergency alarm equipment.
[Adopted 12-21-1993 as Ord. No. 1793-93]
The Board of Commissioners of the Township of Cheltenham has determined
that the receipt of false alarms and false notifications to the Police and
Fire Departments are detrimental to the welfare and safety of the citizens
of Cheltenham Township and the members of the Police and Fire Departments,
and that the receipt of such false alarms and notifications by the Police,
Fire and EMS Departments detracts from the efficiency of these departments
in discharging their responsibilities to the citizens of Cheltenham Township.
It is hereby declared to be the policy of the Board of Commissioners to safeguard
and protect the citizens of Cheltenham Township, the members of the Police
Department and the members of the Volunteer Fire Companies from such hazards
or risks.
This Article governs the use, maintenance and installation of all alarm
systems, requires permits, establishes fees, provides for punishment of violations
and establishes a system of administration.
As used in this article, the following terms shall have the meanings
indicated:
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 to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed any alarm system
in or on any building, structure or facility.
Any assembly of mechanical or electrical equipment, designed to signal
the occurrence of a holdup, burglary, fire, medical emergency or other activity
requiring urgent attention and to which police, fire and/or EMS units are
expected to respond.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, department, bureau, agency or other entity recognized
by law as the subject of rights and duties in control of premises wherein
an alarm system is maintained.
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. When
said device is programmed to notify the Cheltenham Township Police, Fire or
EMS Departments, then, regardless of the type of automatic dialing device
used, provisions shall be made to provide that the emergency message be received
at two (2) different locations from which the receiving person/persons can
notify the police of the address, owner, type of alarm and any other information
required to secure the property.
A monitoring facility that accepts alarm signals from a premises
and whose agents then contact Police, Fire or EMS Departments for assistance.
That part of the Cheltenham Township Police Administration building
that is responsible for receiving, processing, transferring and/or dispatching
all incoming emergency notification or other calls for service throughout
the township.
The individual(s) designated by the Township Manager to maintain
and enforce the provisions of this Article.
A telephone line leading into the Police/Fire Department communication
center that is for the sole purpose of transmitting emergency calls from automatic
dialing devices and central stations reporting the activation of an alarm
system.
The abbreviation for "Emergency Medical Services."
An emergency alarm activated by malice, inadvertence, negligence
or unintentional acts to which the Cheltenham Township Police, Fire and/or
EMS Departments respond, but which is not the result of an emergency and which
is caused by a condition within the control of the person in possession of
the premises where the device is located, including the malfunction of the
alarm system. The definition excludes alarms caused by testing or repairing
of telephone or electrical lines or equipment outside the premises; acts of
God, such as earthquake, flood, windstorm, thunder or lightning; an attempted
illegal entry of which there is visible evidence; the user acting under a
sincere belief that a need exists to call the Police or Fire Department. If
a doubt exists as to the cause of the "false alarm," the Township Manager,
or his designate, shall make a decision regarding the circumstances of the
activations. Multiple alarms received by the Cheltenham Township and/or Montgomery
County Communication Center before the system can be deactivated within a
reasonable period of time shall be considered a single alarm.
An individual, partnership or corporate entity that owns property
or a portion thereof serviced by an automatic alarm system.
A fee that is paid to the township by the alarm user whose permit
has been revoked. The permit will be reinstated upon payment of the "restoration
fee," provided that the Coordinator is satisfied that the user's system
is properly serviced and deficiencies corrected.
Three hundred sixty-five consecutive days preceding the date of the
violation date.
[Added 8-15-2006 by Ord. No. 2114-06]
[Amended 11-21-1995 by Ord. No. 1846-95]
A.
Alarm user's permit required.
(1)
Application for any existing alarm system must be filed
with the township, accompanied by a permit fee, to be set forth from time
to time by resolution of the Board of Commissioners,[1] within six (6) months after the effective date of this Article.
Application for any new alarm system, together with a permit fee, to be set
forth from time to time by resolution of the Board of Commissioners,[2] must be filed with the township prior to the use thereof. When
the initial application is filed after July 1 of any calendar year, the fee
shall be one-half (1/2) of the year's fee for the balance of the calendar
year. Application for the yearly renewal of an alarm user's permit must
be filed with the township with a permit fee, to be set forth from time to
time by resolution of the Board of Commissioners, by January 30 of each calendar
year. No refunds shall be made under any circumstances.
(2)
The permit shall bear the signature of the Township Manager
and be valid for the period specified on the same.
(3)
The 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 company responsible for maintaining
the system (if applicable), the type of alarm (burglar, holdup, fire, medical),
how the alarm signal will be received by the communication center (tape, central
station, etc.), at least two (2) alternative emergency numbers or whereabouts
of person/persons to be contacted to secure the property and any additional
information reasonably required by the Township Manager.
B.
An alarm user who is over the age of sixty-five (65) and is the primary occupant of the residence, and if no business is conducted at the residence, may obtain a user's permit from the township according to Subsection A(1) with the payment of a permit fee to be set forth from time to time by resolution of the Board of Commissioners.[3]
C.
A late charge, in an amount to be set forth from time
to time by resolution of the Board of Commissioners,[4] will be charged to users who fail to obtain a permit within six
(6) months after the effective date of this Article or within sixty (60) days
the initial activation of an alarm system or who are sixty (60) days delinquent
in renewing a permit.
A.
An alarm user who installs a battery-powered (nine-volt,
eleven-and-two-tenths-volt or similar voltage) alarm system or an electrically
energized alarm system whose sole purpose is to notify the occupants of that
location of an emergency situation is exempt from obtaining an alarm user's
permit if all the following conditions exist:
(1)
The alarm is not connected to any mechanical or electrical
device that automatically notifies a person or agency outside that location
that the alarm system is activated.
(2)
The audible alarm does not sound outside the location
(no external speakers).
(3)
The internal signal emitted by the alarm does not exceed
ninety (90) decibels.
(4)
The internal alarm does not cause undue annoyance or
alarm to occupants of adjoining premises.
A.
Every alarm business selling, leasing or furnishing to
any user located within the Township of Cheltenham an alarm system which is
installed on premises shall furnish the user with instructions that provide
information to enable the user to operate the alarm system properly and to
locate and obtain service for the alarm system at any time.
B.
Every alarm business selling, leasing or furnishing to any user, or a user who privately installs an alarm system (except those covered in § 86-9) which is located on premises within the Township of Cheltenham shall:
(1)
Be required to notify the communication center of alarm
activations on the designated trunk line only.
(2)
Be required to install only equipment that is listed
by Underwriters' Laboratories, Inc. and or Factory Mutual as being electrically
safe to the extent that such equipment is available and will meet the requirements
for the alarm system. Wiring for the alarm system must conform to the National
Electrical Code Standards.
(3)
Be required to provide for each alarm system installed
a standby battery power which shall automatically and immediately take over
in the event of a power failure.
(4)
Be required to install equipment in such a way as to
neutralize electrical surges on the alarm system.
(5)
Be required to provide an automatic audible alarm cutoff
within fifteen (15) minutes of initial activation of any audible alarms installed
to all alarm systems.
(6)
Be required to disable the audible signal if the alarm
is in a runaway condition (activates and resets at continuing and unspecified
periods).
(7)
Be required to deactivate the alarm system within a reasonable
period of time when multiple alarms are received (runaway condition). Three
(3) hours would be a reasonable time limit.
(8)
Be required to notify a person/agency who can secure
the alarm system or premises if necessary.
(9)
Be required to demonstrate compliance with installation
requirements of this Article if requested by the Township Manager or his designate.
(10)
Be required to notify Cheltenham Township Communication
Center prior to conducting any tests upon any alarm system whereupon such
tests would cause emergency information to be received by the Police, Fire
or EMS Departments.
D.
Penalties for violations of this section, User instructions, of this Article are contained in § 86-11, Violations and penalties.
E.
Failure or refusal of notified parties to secure the
alarm system or premises will hold the Township of Cheltenham harmless from
any condition that may arise at the premises that would have otherwise been
prevented by a properly maintained alarm system or a properly secured premises.
F.
Fire alarm systems shall incorporate alarm verification
and comply to National Fire Protection Association Codes for the installation
and maintenance of fire alarm systems and all other related provisions of
the Cheltenham Township Ordinance 1759-92, regulation fire alarm systems.
G.
All burglary or intrusion alarm systems that have central monitoring
shall have central monitoring verification calls made to the alarm site, prior
to alarm monitoring personnel contacting a law enforcement agency for alarm
dispatch as per the following:
[Added 8-15-2006 by Ord. No. 2114-06]
(1)
Call 1. The monitoring company shall attempt telephone verification
to the protected premises after receipt of the alarm signal.
(2)
Call 2. If a monitoring facility operator gets a busy signal
or no answer to the first call to the protected premises, a second call or
calls shall be made to an alternate phone number such as cellular, work or
second number at the protected premises.
(3)
Answering machine. If the first or second call reaches an answering
machine, a message should be left clearly stating that it is the alarm company
calling and leaving necessary information for the alarm user to promptly contact
the monitoring facility.
(4)
Person on premises without proper code. If the operator reaches
the protected premises on the first or second call and the person answering
the phone does not have the proper pass code, then the operator shall attempt
to make a three-way call with the premises person retained as a party to the
call. The three-way call shall attempt to reach others on the call list to
verify the authenticity of the person on the protected premises. If this
process fails to resolve the issue then the operator should proceed to notify
the dispatch authority.
(5)
Failure by the alarm system contractor or alarm monitoring company
to make the verification calls may result in a fine of $600.
A.
Burglar, holdup, panic or medical alert alarms. Any alarm
user in a building where an alarm system has been installed or is maintained
in violation of the provisions of this article or any alarm business which
has installed an alarm system in violation of any of the provisions of this
article shall, upon the conviction thereof by any Magisterial District Judge,
be sentenced to pay a fine of not less than $50 for the first offense and
not less than $150 but not more than $600 for the second and any subsequent
violations, together with the costs of prosecution. In default of the payment
of any fine, the defendant may be sentenced to jail for a period not exceeding
30 days.
[Amended 8-15-2006 by Ord. No. 2114-06]
B.
False alarms; permit revocations.
(1)
If the Cheltenham Township Police Department records
more than three (3) false alarms within a period of a year for any alarm system,
with the exception of fire alarms, the following procedures will apply:
(a)
The Coordinator shall notify the alarm user and the alarm
business providing service or inspection to the user by certified mail of
such fact and direct that the user submit a report to the Coordinator within
15 days after receipt of the notice describing actions taken or to be taken
to discover and eliminate the cause of the false alarms.
(b)
If the alarm user submits a report as directed and the
Coordinator determines that the action taken or to be taken will substantially
reduce the likelihood of false alarms, no further action will be taken at
this time, but if any more false alarms occur within the year from each individual
alarm, penalties would be forthcoming.
[Amended 8-15-2006 by Ord. No. 2114-06]
(c)
If no report is submitted or if the Coordinator determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms, the permit holder will be subject to penalties set forth in Subsection A of this section.
(e)
Alarm users not required to obtain a user's permit according to § 86-9 are liable for and subject to the following provisions of Subsection B, False alarms; permit revocations:
[2]
The following portions of Subsection B(1)(b):
[a]
The alarm user must submit a report to the Coordinator.
[b]
If no report is submitted or the Coordinator determines that the action taken will not substantially reduce the likelihood of false alarms, the alarm user would be subject to fines and penalties as set forth in Subsection A of this section.
[c]
The alarm user will be notified by certified mail that
he/she has forfeited the nonpermit status and must apply for a permit. Failure
to obtain the permit will make the alarm user liable for fines and costs for
failure to have a permit.
(2)
An alarm user whose permit is revoked will have to pay
a fee to be set forth from time to time by resolution of the Board of Commissioners
to have the permit restored to active status.[1] The Coordinator must be satisfied that the user's system
is properly serviced and deficiencies have been corrected before approving
the restoration of the permit.
[Amended 11-21-1995 by Ord. No. 1846-95]
(3)
After a permit is restored to active status, the alarm
user will again be subject to the provisions of this section, pertaining to
permit revocation. The alarm user permit is not again subject to revocation
until more than five false alarms occur.
C.
Fire alarms.
(1)
Service charge for false alarms. The person in possession
of the premises where an automatic protection device is in use shall be assessed
and shall pay to the township a service charge of $50 for the second false
alarm originating from the premises, during the one-year period following
the first alarm, and a service charge of $150 for each subsequent false alarm
during the one-year period from the date of the first alarm. In an apartment
building or structure with multiple occupancies, the assessment shall be charged
to the person (occupant) of the occupied portion of the building where said
alarm is initiated. When the false alarm is the result of inadequate precautions
to prevent a false alarm during building construction, maintenance or repairs,
a service charge of $150 will be assessed against the person in possession
of the occupied portion of the building and who is responsible for the false
alarm, regardless of whether such false alarm is the first or second alarm
originating from the business or premises in the calender year.
(2)
Testing automatic protection devices. No person shall
conduct any test or demonstration of an automatic protection device without
first notifying the Cheltenham Township Communication Center. If a test or
demonstration of an automatic protection device results in a false alarm due
to lack of notification, a service charge of one hundred fifty dollars ($150.)
will be assessed against the person responsible for the test or demonstration,
regardless of whether such false alarm is the first or second alarm originating
from the business or premises in the calender year.
D.
Failure to have a permit. Any alarm user required to
have a permit who operates an alarm system with no permit or a revoked permit
will be in violation and subject to pay a fine and costs of not more than
$600 per false alarm occurrence.
[Amended 11-21-1995 by Ord. No. 1846-95]
