[HISTORY: Adopted by the Board of Supervisors of the Township of
Tredyffrin 1-27-1986 by Ord. No. HR-99 (Ch. VI, Art. 5, of the 1979 General
Laws of the Municipality of Tredyffrin). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Fire prevention — See Ch. 111.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
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 any alarm system to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or installed
in or on any building, structure or facility.
Any assembly of equipment, mechanical, electrical or battery-operated,
arranged to signal the occurrence of a police, fire, hazard or medical emergency
requiring urgent attention and to which police or fire units are expected
to respond.
A service whereby trained employees, in attendance at all times,
receive prerecorded voice messages from automatic dialing devices reporting
an emergency at a stated location, where such employees have the duty to relay
immediately by live voice any such emergency message over a trunk line to
the communications center of the Police or Fire Department.
Any device, bell, horn or siren which is attached to the interior
or exterior of a building, structure or facility and emits a warning signal
audible outside the building, structure or facility and is designed to attract
attention when activated by a criminal act or other emergency requiring Police
or Fire Department response.
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.
A protective system or group of such systems operated privately for
customers by a person, firm or corporation which accepts recorded messages
from automatic dialing devices at a central station having operators and guards
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 the
communications center of the Police Department or Fire Department.
Any structure intended to be used wholly or in part for the purposes
of carrying on a trade, business, or profession; any structure intended to
be used wholly or in part for educational, religious, charitable, or public
uses; and/or any structure that is used as an apartment building with three
or more apartments included.
[Added 12-3-2007 by Ord. No. HR-365]
An individual appointed by and accountable directly and solely to
the Superintendent of Police.
A police, fire, hazard or medical emergency.
An alarm activated in the absence of an emergency, whether willfully
or by inadvertence, negligence or unintentional act, including the malfunction
of the alarm system, to which the Tredyffrin Township Police Department or
Fire Department responds. The definition excludes alarms caused by malfunctions
of the Chester County DES receiving equipment if such alarm is directly connected
to the alarm board; testing or repairing of telephone or electrical lines
or equipment outside the premises; acts of God, such as earthquake, flood,
windstorm, thunder or lightening; an attempted illegal entry of which there
is visible evidence; a crime in progress; or, in case of an emergency medical
alarm, an actual medical emergency requiring police, fire and/or medical personnel.
If doubt exists as to the cause of the false alarm, the Superintendent of
Police or his designee shall make a decision regarding the circumstances of
the activation.
Multiple alarms received by the Police Department or Fire Department
before the system can be deactivated within a reasonable period of time shall
be considered a single alarm.
The definition of a false alarm also includes the intentional activation
of a holdup alarm for other than a holdup in progress, the intentional activation
of a burglary alarm for other than a burglary, the intentional activation
of a medical alarm for other than medical emergency or the intentional activation
of a fire alarm for other than a fire hazard.
The Berwyn Fire Company, Paoli Fire Company or Radnor Fire Company.
A fire.
An explosion, leak of toxic gas, liquid or solid, or a potential
explosion or leak.
A central station protective system or an answering service, as herein
defined.
To use a telephone line and equipment for transmitting a message,
either directly or indirectly, by an automatic dialing device.
An emergency involving the health of a person.
Written permission duly granted to an applicant by the township upon
payment of the required fee.
The police and fire communications rooms and other rooms which house
communications equipment and the police radio dispatcher.
The Police Department of the Township of Tredyffrin.
An incident requiring prompt response by the Police Department.
Any structure intended for use primarily as a single-family residence
or apartment building with two or fewer apartments included.
[Added 12-3-2007 by Ord. No. HR-365]
The administrative head of the Tredyffrin Township Police Department.
The Township of Tredyffrin, Chester County, Pennsylvania.
A telephone line leading into the communications centers of the Police
and Fire Departments that is for the purpose of handling calls on a person-to-person
basis and which is identified by a specific listing among the white pages
in the telephone directory issued by the telephone company.
On and after the effective date of this chapter, owners or users of
audible alarms must equip such audible alarms with a timing mechanism that
will disengage the audible alarm after a maximum of 15 minutes. Audible alarms
without such a timing mechanism shall be unlawful in the township and must
be disconnected by the owner or user within 60 days from the effective date
of this chapter.
On and after the effective date of this chapter, all automatic dialing
devices that transmit recorded messages directly to the Police Department
or Fire Department shall be keyed to the Chester County Department of Emergency
Services Radio Room.
A.
Within 90 days from the effective date of this chapter,
every alarm supplier who has installed an alarm system in the township with
the Police Department or Fire Department shall furnish to Chester County DES
and the Superintendent of Police the following information:
(1)
The name, residence and telephone number of the owner
or user.
(2)
The address where the device is installed and the telephone
number at that address.
(3)
The name, address and telephone number of any other person
or firm who is authorized to respond to an emergency and gain access to the
address where the device is installed.
(4)
The name and telephone number of any person, firm or
corporation, if any, other than the alarm supplier, who is responsible for
maintenance and repair of the system.
(5)
The type of system, i.e., holdup, burglary, fire or medical
emergency.
B.
Users of alarm system devices whose devices were installed prior to the effective date of this chapter shall, within 60 days after such enactment, supply the Superintendent of Police with the information specified in Subsection A.
C.
All information furnished pursuant to this section shall
be kept confidential and shall be for the authorized use of the Police Department
only.
A.
On and after the effective date of this chapter, no one
except an alarm supplier holding a valid license from the township shall sell,
install or service any alarm system within the township.
B.
The coordinator shall issue an alarm supplier's license to an alarm supplier meeting the requirements of this § 68-5 upon the filing of the required application and payment of a fee as set from time to time by resolution of the Board of Supervisors. Each license shall bear the signature of the coordinator and be for a one-calendar-year period. A copy of the license shall be physically upon each of the premises using the alarm system and shall be available for inspection solely by the Superintendent of Police or by the coordinator.
C.
Each alarm supplier that installs one or more alarm systems
in the township shall make service available directly or through an agent
on a twenty-four-hour-per-day basis, seven days a week, to repair such devices
and to correct malfunctions as they occur. Any person using an alarm system
shall make arrangements for service to be available for such device on a twenty-four-hour-per-day,
seven-day-per-week basis.
D.
No corporation, sole proprietor, partner, joint venturer,
trustee, executor, administrator, employee, fiduciary or stockholder with
a five-percent or greater interest in a corporation (except a corporation
whose stock is publicly traded and registered with the Securities and Exchange
Commission or with a State Securities Commission) applying for a license shall
have been convicted of a felony or pleaded Nolo Contendere to a felony charge
or indictment.
E.
The applicant shall furnish an insurance certificate
annually confirming that the applicant has in force general liability insurance
coverage in an amount of not less than $3,000,000 for each occurrence. An
applicant who self insures such coverage shall furnish evidence of financial
ability.
F.
The licensee shall pay an annual license fee as set from
time to time by resolution of the Board of Supervisors.
(1)
The licensee fails to meet the requirements necessary
to obtain a license;
(2)
The license fee is not paid;
(3)
The Superintendent of Police has reason to believe the
licensee's installations are the cause of false alarms; or
(4)
Licensee fails to provide emergency service as required
by this chapter.
A.
The user's fee for an alarm system permit shall be as
set from time to time by resolution of the Board of Supervisors, and said
permit shall be obtained by or on behalf of the owner of the premises upon
which the alarm system is installed from the Police Department prior to the
installation of the alarm system.
B.
The permit shall bear the signature of the Superintendent
of Police or the coordinator and be valid for the period that the owner owns
the premises upon which the alarm system is installed or until revoked by
the Superintendent of Police or the coordinator. The permit shall be physically
present upon the premises using the alarm system and shall be available for
inspection by the Superintendent of Police or the coordinator.
C.
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 supplier or other entity responsible
for maintaining the system (if applicable), the type of alarm (burglary, holdup,
medical), how the alarm signal will be received by the communications center
(tape, central station, etc.), at least two alternate emergency numbers of
persons to be contacted to secure the property and any additional information
as may be determined to be necessary. It shall be the owner's responsibility
to amend the foregoing information whenever the information changes.
D.
Exception. An alarm user who is over the age of 65 and
is the primary occupant of a residence, and if no business is conducted at
the residence, may obtain a user's permit from the township without paying
the above-stated fee.
E.
Users who fail to obtain a permit within 60 days after
the alarm system is activated or within 60 days after the effective date of
this chapter, if later, shall be liable to pay a late charge penalty, as set
from time to time by resolution of the Board of Supervisors, for each calendar
year that the permit is not obtained.
F.
All locations in the Township of Tredyffrin equipped
with alarm systems, except as stated in this chapter, must secure and possess
a valid permit for the same.
A.
A battery-powered (9-volt, 11.2-volt or similar voltage)
audible alarm system or an electrically energized audible alarm system whose
sole purpose is to notify the occupants of that location of an emergency situation
shall be exempt from the permit requirements of this chapter if all of 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 audible alarm does
not exceed 90 decibels.
(4)
The internal alarm does not cause undue annoyance or
alarm to occupants of adjoining premises.
B.
Alarm users who are not required to pay a fee or who
are exempt from obtaining an alarm user's permit as above shall, nevertheless,
be subject to the penalty provisions prescribed in this chapter.
C.
After the effective date of this chapter, no one except
an alarm supplier holding a valid license from the township shall install
any alarm system within the confines of the township.
Each alarm supplier who, after the effective date of this chapter, sells
or leases in the township an alarm system shall furnish operating instructions
and manual to the buyer or lessee.
A.
The public safety requires that the incidence of false
alarms and malfunctioning automatic dialing devices be kept to a minimum so
as to reduce unnecessary calls to the Police and Fire Departments and to increase
the effectiveness of properly functioning alarm systems. In order to enforce
this and to reduce the incidence of false alarms and malfunctioning alarm
systems, it is necessary that appropriate township officials have the right
to inspect the installation and operation of any alarm system installed in
the township.
B.
Application for a permit for the installation of an alarm
system and subsequent installation of such a system pursuant to a permit issued
or the continuance of the use of any alarm system already installed at the
effective date of this chapter shall constitute consent by the owner or lessee
thereof and authorization for the inspection of any such installation and/or
operation by the Superintendent of Police or coordinator.
C.
All such entries upon the premises where an alarm system
is installed and all such inspection of the installation and operation of
alarm systems shall be at reasonable times and upon reasonable notice, except
in emergency situations.
Every alarm supplier selling, leasing or furnishing to any user, or
a user who privately installs an alarm system which is located on premises
within the township, shall:
A.
Be permitted to install only equipment that is listed
by Underwriters' Laboratories, Inc., as being electrically safe and meeting
the township requirements for the alarm system. Wiring for the alarm system
must conform with all applicable township codes.
B.
Be required to cause each alarm system installed to be
provided with standby battery power which shall automatically and immediately
take over in the event of a power failure.
C.
Be required to install equipment in such a way as to
neutralize electric surges on the alarm system.
D.
Be required to deactivate any alarm system within a reasonable
period of time when multiple false alarms are received.
No person shall conduct any test or demonstration of any alarm system
or other alarm system without first notifying the shift supervisor of the
Tredyffrin Township Police or fire radio network, as applicable.
Alarm suppliers and installers shall furnish at their own expense, at
or prior to the time of contracting, a copy of this chapter to owners, lessees
or users of the equipment or services to be supplied.
[Amended 12-3-2007 by Ord. No. HR-365]
A.
Consent to pay costs; schedule of costs.
(1)
For the purposes of defraying the costs to the Police
and Fire Departments of responding to false alarms and avoiding danger to
citizens and personnel of the Police and Fire Departments caused by responding
to false alarms, the owner, lessee or user of any alarm system, persons using
the services of an intermediary, users of audible alarms and users of any
other kind of alarm systems or any other kind of direct or indirect connection
with the police or fire communications center (collectively, the “alarm
user”), except persons using the two-way live voice communication by
telephone, shall, as a condition to installation and continued operation of
such equipment or service, execute a consent in such form as may be prescribed
by Tredyffrin Township (the “Township”) that such alarm user shall
pay the Township for all false alarms upon the following schedule for each
false alarm originating from the alarm user's premises: for each false alarm,
a warning or fine as set from time to time by resolution of the Board of Supervisors.
B.
Failure to comply. Any such alarm user who fails to execute the consent described in Subsection A(1) within 90 days from the effective date of this chapter shall, within the ninety-day period, disconnect the alarm system.
C.
Any alarm user may revoke or refuse to consent as set forth in Subsection A(1) above only by disconnecting the alarm system. With respect to such systems installed at the effective date of this chapter, the alarm user can refuse or revoke the aforesaid consent by disconnecting such alarm system within 90 days from the effective date of this chapter.
D.
Penalties provided for false alarms that are relayed
or transmitted by an intermediary shall be the responsibility of the alarm
user.
E.
Any police officer or fire fighter responding to an alarm
which is determined to be false shall promptly notify the Superintendent of
Police or a designee (the “Superintendent”) of such false alarm
in writing. Within 10 business days of such notification, the Superintendent
shall have written notification of the false alarm deposited at the location
to whose name the alarm is registered or delivered via first-class mail, postage
prepaid, to the alarm user.
F.
By submitting an application for a permit for the installation
of an emergency medical alarm system and the subsequent installation of such
a system or by the continuation of the use of an alarm system already installed
at the effective date of this chapter, the alarm user thereof shall agree
that such permit application constitutes a waiver by such person of the right
to bring or file any action, claim or complaint whatsoever against any police
officer or firefighter who makes a forced entry in response to such an alarm
into the premises on which such an alarm is installed as a result of entry
into the subject premises. In the event that the owner of such premises is
a person other than the permit applicant, as in the instance of a lessee or
other user not the owner of the premises on which the alarm is installed,
such permit application shall constitute an indemnification agreement by the
applicant to hold harmless any such police officer or fire fighter, the Township,
the Police Department and the Fire Department, as appropriate, from any and
all damages whatsoever claimed by the lessor or owner of the premises on which
the alarm is installed.
G.
Any alarm user which has four or more false alarms within
a calendar year shall be subject to permit revocation, subject to the following:
(1)
The Superintendent shall notify the alarm user of the
permit revocation and direct that the user submit a report to the Superintendent
within 15 days of receipt of the notice describing actions taken or to be
taken to discover and eliminate the cause of the false alarms.
(2)
If the alarm user submits a report as directed, the Superintendent
shall determine if the action taken or to be taken will substantially reduce
the likelihood of false alarms. If the Superintendent determines that the
action will substantially reduce the likelihood of false alarms, the Superintendent
shall notify the alarm user in writing that his permit will not be revoked
at this time, but that if one more false alarm occurs within the permit year,
the user's permit may be revoked without further proceedings and without any
further notice.
(3)
If no report is submitted or if the Superintendent determines
that the action taken or to be taken will not substantially reduce the likelihood
of false alarms, the Superintendent shall give notice by first-class mail,
postage prepaid, to the alarm user that the permit will be revoked without
further notice if the user does not file within 10 days a written request
for a hearing.
(4)
If a hearing is requested, written notice of the time
and place of the hearing shall be served on the alarm user by the Superintendent
by first-class mail, postage prepaid, at least 10 days prior to the date set
for the hearing, which date shall not be more than 30 nor less than 15 days
after the filing of the request for hearing.
(5)
The hearing shall be before a hearing officer designated
by the Superintendent. The Township’s solicitor or other Township designee
will present evidence regarding the false alarms. The alarm user shall have
the right to counsel, the right to present written or oral evidence, and the
right of cross-examination. The rules of evidence shall not apply to such
a hearing. The burden of proof shall be a preponderance of the evidence and
the burden of proof shall be on the alarm user. If the hearing officer determines
that four or more false alarms have occurred and that the user has not taken
action which substantially reduces the likelihood of false alarms, he shall
issue written findings to that effect and an order revoking the alarm user's
permit. If the alarm user’s permit is revoked, such alarm user shall
be liable to the Township for all costs and attorney’s fees associated
with the hearing.
(6)
The Superintendent shall notify the alarm user via hand
delivery or first-class mail, postage prepaid, within 30 days of an order
revoking the user’s permit. An alarm user shall immediately discontinue
use of his alarm system upon being notified of the revocation of his permit.
(7)
No earlier than 90 days after revocation of an alarm user’s permit, such alarm user may apply for a probationary user's permit. The Superintendent shall not be required to issue a probationary user's permit unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The Superintendent may impose reasonable restrictions and conditions upon the user before issuing a probationary user's permit, which restrictions and conditions shall be written on the permit. A probationary user's permit shall be issued for a one-year period. If the alarm user does not have four or more new false alarms during that period, the alarm user may apply for a permanent permit under the provisions of § 68-4.
H.
Any alarm user which has four or more false alarms within a calendar
year is required to attend a Township-sponsored false alarm awareness program.
The Superintendent shall administer this program. Such an alarm user must
complete this program within 30 days of the fourth false alarm. Completion
of this program shall be a prerequisite to the issuance of a probationary
or permanent permit for the alarm user. Participants in the program on behalf
of the alarm user shall include the property owner (or highest-ranking corporate
executive or officer if the alarm user is a corporation or business entity);
the person who activated the false alarm; and the building manager for any
commercial property. The scope of the program shall be at the discretion of
the Superintendent.
[Amended 10-19-1998 by Ord.
No. HR-278; 10-2-2000 by Ord.
No. HR-290]
Any person who violates or permits a violation of this chapter shall
be guilty of a summary violation and, upon conviction, shall be sentenced
to pay a fine of not more than $1,000, plus all court costs, including reasonable
attorney's fees, incurred by the township in the enforcement of this chapter.
Each day a violation exists shall constitute a separate offense. In default
of the payment of any fine, the defendant shall be sentenced to imprisonment
to the extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the township are hereby authorized to
seek any other available relief at law or equity, including injunction, to
enforce compliance with this chapter.
