[HISTORY: Adopted by the Board of Supervisors of the Township of
East Whiteland 12-8-1980 by Ord. No. 64-80. Amendments noted where applicable.]
This chapter shall be known as "The East Whiteland Township Automatic
Protection Device Ordinance."
The following definitions shall apply to the interpretation and enforcement
of this chapter.
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 is designed to attract attention when activated by a criminal act or other
emergency requiring police or fire company response.
[Amended 8-14-1989]
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.
[Added 12-23-1991]
Any electrically or battery operated apparatus, equipment or instrument
and related hardware which automatically transmits or sends any form of alarm
or signal, including, but not limited to, a prerecorded voice alarm or coded
message, from the premises on which the device is located to a police communications
center or a central station protective system or similar facility upon activation
by or receipt of a stimulus from a sensory apparatus that has detected a physical
force or condition inherently characteristic of fire, intrusion or other emergency
activity.
[Amended 12-23-1991]
Any person, firm, or corporation who sells or leases, and/or installs
automatic protection devices.
A protective system operated privately for customers by a person,
firm or corporation which accepts recorded signals or messages from automatic
protection devices at a central station having personnel 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 a police communications
center.
[Added 12-23-1991]
Any signal activated by an automatic protection device, any audible
alarm or any other kind of direct or indirect signal given to the County Radio
Network to which police or fire company respond, which is not the result of
a burglary, fire, robbery, or similar emergency.
[Amended 8-14-1989]
To use a telephone or recording equipment to transmit a message either
directly or indirectly by an automatic protection device.
Any person, firm, corporation, or other entity.
Police communications rooms and facilities which house communications
equipment and police radio dispatchers, including, but not limited to, the
Chester County Radio Network.
[Added 12-23-1991]
The Township of East Whiteland, Chester County, Pennsylvania.
A.
After the enactment of this chapter, no person, including
owners or lessees of audible alarm protection devices or premises upon which
the same are maintained, may key such alarm to the East Whiteland Township
Police Radio Network or the Pennsylvania State Police Network. Such alarms
may, however, be keyed to the Chester County Radio Network.
[Amended 8-14-1989]
B.
Audible alarms on location and not keyed to a Chester
County Radio Network may be installed upon premises within the Township, subject
to the regulations provided for in this chapter.
[Amended 8-14-1989]
C.
Audible alarm protection devices on location must be
equipped with a timing device which will disconnect the alarm after a maximum
period of 15 minutes. Audible alarms without such a device will be unlawful
in the Township and must be disconnected by the owner or lessee within 60
days from the effective date of this chapter.
[Amended 8-14-1989]
A.
No automatic protection device installed after the effective
date of this chapter shall be keyed to the East Whiteland Township Radio Network
or the Pennsylvania State Police Radio Network.
B.
Within 60 days after the effective date of this chapter
all existing automatic protection devices that transmit messages to the East
Whiteland Township Police Radio Network or to the Pennsylvania State Police
Network shall be keyed to the Chester County Radio Network.
C.
Automatic protection devices installed after the effective
date of this chapter shall be keyed to the Chester County Radio Network.
[Amended 12-23-1991]
It shall be permissible for the owner(s), lessee(s) or user(s) of automatic
protection devices to key alarms to a telephone or radio system which is available
to them for communication and/or transmittal to a central station protective
system or similar private agency, subject to the regulations set forth in
this chapter.
[Amended 8-14-1989]
Automatic protection devices installed in the Township that are keyed
to the Chester County Radio Network shall meet the following requirements:
A.
The type and content of recorded messages must be intelligible
and in a format approved, prior to the installation, by the Chief of Police.
B.
No more than one call shall be made over the Radio Network
as a result of a single activation of the automatic protection device.
C.
The time for transmitting each recorded message shall
not exceed 15 seconds.
D.
Recorded messages may be repeated during one call but
the interval between each recorded message shall be not less than eight seconds
nor more than 12 seconds.
E.
The sensory mechanism used in connection with an automatic
protection device must be adjusted to suppress false indications of intrusion,
so that the device will not be actuated by impulses to fleeting pressure,
charges in water pipes, short flashes of light, the rattling or vibrations
to the premises caused by the passing of vehicles or any other force not related
to genuine alarm.
F.
All components comprising such a device must be maintained
by the owner or lessee in good repair to assure maximum reliability of operation.
When messages evidencing failure to comply with the operational requirements set forth in § 50-6 are received by the Township and Township concludes that the automatic protection device sending such messages should be disconnected in order to relieve the Township Police Department of the burden of responding to false alarms, it is authorized to demand that the owner or lessee of the device, or his representative, disconnect the device until it is made to comply with the operational requirements. If this disconnection of the defective device is not accomplished within 48 hours of notification by the Township to disconnect, and the Township determines that the malfunctioning device is repeatedly sending false alarms without any intermittent valid alarms, it may then take appropriate action to disconnect the defective automatic protection device. For purposes of this provision, three or more false alarms shall be sufficient evidence for the Township to determine that the device is malfunctioning.
Automatic protection device suppliers must conform to the requirements
contained in the National Electrical Code as it pertains to inspections and
tests.
For the purpose of enforcing this chapter, Police Chief and/or the Township
Manager or his duly authorized designee is hereby authorized to enter upon
a lessee's or owner's premises within the Township at reasonable hours, or
in the event of an emergency, at any time, and to make inspections of installations
and operations of an automatic protection device or devices upon reasonable
notice.
No person shall conduct any test or demonstrations of an automatic protection
device without first obtaining permission from the Township. Where the equipment
is not keyed to the Chester County Radio Network, no such permission is necessary.[1]
[1]
Editor's Note: Former Section 1100, regarding suppliers of equipment,
which immediately followed this section, was repealed 8-14-1989.
[Amended 8-14-1989; 12-23-1991]
A.
Consent to pay costs; schedule of costs.
(1)
For the purpose of defraying the costs to the Township
of responding to false alarms, the owner, lessee or user of any automatic
protection device, automatic dialing device, audible alarm or other alarm
system of any kind having direct or indirect connection with a police communications
center, including users of intermediaries such as central station protective
systems, but excluding persons using two-way live voice communication by telephone,
shall, as a condition to installation and continued operation of such equipment
or service, execute a written consent in such form as may be prescribed by
the Township agreeing that such owner, lessee or user shall pay to the Township,
according to the following schedule, for each false alarm originating from
the owner's, lessee's or user's premises that has not be activated by some
force of nature or means beyond the owner's, lessee's or user's control. If
doubt exists as to the cause of the false alarm the Chief of Police or his
designee shall make a decision regarding the circumstances of the activations.
(a)
First false alarm per calendar year: a written warning.
(b)
Second false alarm per calendar year: $50.
(c)
Third false alarm per calendar year: $100.
(d)
Fourth false alarm per calendar year: $150.
(e)
Fifth false alarm per calendar year: $200.
(f)
Sixth false alarm per calendar year: $250.
(g)
Seventh false alarm and each subsequent false alarm per
calendar year: $300.
B.
Failure to comply. Any such owner, lessee or user who fails to execute the consent described in Subsection A(1) within 90 days from the effective date of this chapter or who shall revoke a consent previously executed and given shall, within the ninety-day period, disconnect the automatic protection device, automatic dialing device, audible alarm or other alarm system from direct or indirect connection with the police communications center, central station protective system or other intermediate system.
C.
No person shall activate or cause to be activated an automatic protection device or other alarm system described in Subsection A with intent or for the purpose of transmitting or sending a false alarm.
D.
Any owner, lessee or user of an automatic protection device or other alarm system described in Subsection A hereof which emits, transmits or sends two or more false alarms within a period of 30 consecutive days shall be in violation of this chapter and shall be subject to the penalty provisions hereof.
[Amended 12-23-1991; 7-2-1996
by Ord. No. 111-96; 4-1-1997
by Ord. No. 117-97]
A.
Any person who violates this chapter by failing to comply
with the requirements of a written notice of a violation within three days
of receipt of such notice, exclusive of Saturdays, Sundays and holidays, shall,
upon conviction thereof in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense, and shall be subject to the payment of a fine of not less
than $100 and not more than $1,000, plus the costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment in the
county prison for a term of not more than 30 days. Each provision of this
chapter that is violated shall constitute a separate offense; and each day
or portion thereof in which a violation of this chapter is found to exist
shall constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not less than $100 and
not more than $1,000, plus the costs of prosecution, or upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county prison
for a term of not more than 30 days. All fines and penalties collected for
the violation of this chapter shall be paid to the Township Treasurer.
B.
Any person who violates or permits the violation of any
provision of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense, and shall be subject to the payment
of a fine of not less than $100 and not more than $1,000, plus the costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment in the county prison for a term of not more than 30 days.
Each provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this chapter
is found to exist shall constitute a separate offense, each of which violations
shall be punishable by a separate fine imposed by the District Justice of
not less than $100 and not more than $1,000, plus the costs of prosecution,
or upon default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines and penalties
collected for the violation of this chapter shall be paid to the Township
Treasurer.
