[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 3-24-2003 by Ord. No. 546. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Exeter Township Ordinance Regulating Audible/Inaudible Fire
and Police Alarm Systems."
A.
The purpose of this chapter is to encourage alarm
users and alarm companies to properly use and maintain the operational
effectiveness and utilization of alarm systems and to reduce or eliminate
false alarms, which may unduly divert law enforcement from responding
to criminal activity and firefighters from responding to actual fires.
B.
This chapter governs systems intended to summon law
enforcement and/or fire response and requires registration, establishes
fees, provides for penalties for violations and establishes a system
of administration.
As used in this chapter, the following terms
shall have the meanings indicated:
A person or persons designated by the Board of Supervisors
to administer, control and review false alarm reduction efforts.
The business, by an individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring an alarm system
in an alarm site.
A notification to a law enforcement agency that an alarm,
either manual or automatic, has been activated at a particular alarm
site.
A notification by an alarm company or an alarm user to the
Alarm Administrator that an alarm system has been installed and is
in use.
A single fixed premises or location served by an alarm system
or systems. Each tenancy, if served by a separate alarm system in
a multitenant building or complex, shall be considered a separate
alarm site.
A device or series of devices, including, but not limited
to, systems interconnected with a radio frequency method such as cellular
or private radio signals, which emit or transmit a remote or local
audible, visual or electronic signal indicating an alarm condition
and intended to summon law enforcement or fire service of the Township,
including local alarm system. Alarm system does not include an alarm
installed on a vehicle or person unless the vehicle or personal alarm
is permanently located at a site.
Any person, firm, partnership, corporation or other entity
who (which) uses or is in control of any alarm system at its alarm
site.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system, to a law
enforcement or fire agency.
The process by which an alarm company providing monitoring
verifies with the alarm user or responsible party that a false dispatch
has occurred and that there is not an existing situation at the alarm
site requiring law enforcement or fire apparatus response.
The transaction or process by which one alarm company begins
monitoring of a previously unmonitored alarm system or an alarm system
previously monitored by another alarm company.
A silent alarm system signal generated by the manual activation
of a device intended to signal a life threatening situation or a crime
in progress requiring law enforcement response.
An alarm dispatch request to a law enforcement or fire agency,
when the responding officer or firefighter finds no evidence of a
criminal offense, attempted criminal offense or fire after having
completed a timely investigation of the alarm site.
The person in charge of the Fire Department or any of his/her
designees.
[Amended 8-13-2016 by Ord. No.
802]
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The Chief of Police or his designee.
Any alarm system that annunciates an alarm only by an internal
or external audio device.
The process by which the alarm company receives signals from
an alarm system and relays an alarm dispatch request to Township for
the purpose of summoning law enforcement or fire apparatus response
to the alarm site.
An audible alarm system signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation
requiring law enforcement response.
An individual, corporation, partnership, association, organization
or similar entity.
The transaction or process by which an alarm user takes over
control of an existing alarm system, which was previously controlled
by another alarm user.
An attempt, by the alarm company, or its representative,
to contact the alarm site by telephonic or other electronic means,
whether or not actual contact with a person is made, before requesting
law enforcement or fire dispatch, in an attempt to avoid an unnecessary
alarm dispatch request.
Subdivisions into which an alarm system is divided to indicate
the general location from which an alarm system signal is transmitted.
[Amended 8-13-2007 by Ord. No. 640]
A.
No alarm user shall operate, or cause to be operated,
an alarm system at its alarm site without a valid alarm permit issued
by the Alarm Administrator. A separate permit is required for each
alarm site. This includes alarm systems programmed with duress alarm
or holdup alarm.
B.
Notwithstanding the language contained herein, it
shall not be unlawful for a person to continue to operate an alarm
system on the person's premises without an alarm permit, after the
effective date of this chapter, provided that said alarm system was
in operation on the effective date of this chapter, until such time
as the police or fire companies respond to an alarm resulting from
the activation of such alarm system, hereafter such person shall have
15 days in which to apply for the alarm permit required by this chapter.
C.
In order to apply for an alarm permit each person
shall submit an application to the law enforcement authority stating
the following:
(1)
Alarm user name.
(2)
Alarm user home address and/or principal business
address and telephone number of the person who will be the registration
holder and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this chapter.
(3)
The alarm site and its classification, i.e., residential
(includes condominium, mobile home, etc.), commercial or apartment.
(4)
If the alarm site is a business, the names, addresses
and telephone number of at least two individuals who have keys to
the premises at which the alarm system is located and who are authorized
to enter the premises at any time; or in lieu thereof, the name, address
and telephone number of the alarm company who would have on file the
names of authorized key holders, provided that such alarm company
can be contacted 24 hours a day each and every day of the year.
(5)
Mailing address if different from the alarm site.
(6)
Any dangerous or special conditions present at the
alarm site.
(7)
Type of business conducted at the alarm site.
(8)
If the alarm system is at a residence, the name, address
and telephone number of at least one individual who has keys to the
premises and is authorized to enter the alarm site at any time shall
be listed along with the alarm user's place of employment and its
telephone number.
(9)
For each alarm system located at the alarm site, the
classification of the alarm system, i.e., burglary, holdup, duress
or other, for each purpose whether audible or silent.
(10)
If the alarm system is to be leased or rented from,
or is to be serviced pursuant to a service agreement by a person other
than the person making application for an alarm system permit, the
name, address and telephone number of that person shall be included
on the permit.
D.
The Alarm Administrator or the law enforcement authority
shall furnish forms upon which any person applying for a alarm permit
may submit the application.
E.
The person applying for an alarm permit shall submit
a fee in an amount to be established, from time to time, by resolution
of the Board of Supervisors along with the application for each alarm
site.
F.
The alarm permit fee is nonrefundable. It must be
submitted to the Alarm Administrator within five days after the alarm
installation or alarm takeover.
G.
The law enforcement authority shall, upon receipt
of an alarm permit application, either grant an alarm permit to the
applicant or notify the applicant, in writing, that the application
has been denied and the reason(s) why it has been denied, i.e., failed
to pay a fine assessed for previous false alarms, makes any false
statement of a material fact by an applicant for the purpose of obtaining
an alarm registration shall be sufficient cause for refusal to issue
a permit, etc.
H.
Signed certification from the alarm user stating (found
on alarm permit application):
(1)
The date of installation, conversion or takeover of
the alarm system, whichever is applicable.
(2)
The name, address and phone number of the alarm company
performing the alarm system installation, conversion or alarm system
takeover and responsibility for providing repair service to the alarm
system.
(3)
The phone number of the alarm company monitoring the
alarm system if different from the installing alarm company.
(4)
That a set of written operating instructions for the
alarm system, including written guidelines on how to avoid false alarms,
have been left with the applicant.
(5)
That the alarm company has trained the applicant in
proper use of the alarm system, including instructions on how to avoid
false alarms.
(6)
That
law enforcement and fire response may be based on factors such as
availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels, etc.
I.
An alarm permit cannot be transferred to another person
or alarm site. An alarm user shall inform the Alarm Administrator
of any change that alters any information listed on the registration
application within five business days.
J.
All fees owned by an applicant must be paid before
a permit may be issued.
A.
A tenant of an apartment with an alarm system shall
obtain an alarm permit from the Alarm Administrator before operating
or causing the operation of an alarm system in the tenant's residential
unit. The owner or property manager of an apartment complex shall
obtain a separate alarm permit operated in offices or common areas
of the apartment complex. The alarm permit fee shall be the same as
the fee for a residential alarm site.
B.
If an alarm system installed by an individual tenant
in an apartment complex unit is monitored, the tenant must provide
the name of a representative of the apartment owner or property manager
who can grant access to the apartment to the alarm company.
C.
For purposes of enforcing this chapter against an
individual residential unit, the tenant is responsible for false alarms
emitted from the alarm system in the tenant's residential unit.
D.
Each apartment unit shall be considered an alarm site.
An alarm user shall:
A.
Maintain the premises and the alarm system in a manner
that will minimize or eliminate false alarms.
B.
Ensure that if an alarm system is designed to transmit
a recorded message, the contents of said message shall be intelligible
and give exact street address and location of the premises.
C.
If an alarm system is designed to cause an exterior
bell, siren or other sound-making device to be activated on or near
the premises on which the alarm device is installed at the time it
gives an alarm, said alarm device shall be designed to deactivate
the bell, siren or other sound-making device after a maximum of 15
minutes after being activated (or 15 minutes for systems operating
under Underwriters Laboratories, Inc., Standards 365 or 609). After
the 15 minutes of activation, if the alarms does not deactivate, it
may be disabled by any means that causes the alarm to stop.
D.
The sensory mechanism used in connection with an alarm
system must be installed and adjusted to suppress false indications
of fire, smoke, intrusion or other emergency.
E.
Make every reasonable effort to respond or cause a
representative to respond to the alarm system's location within 30
minutes when notified by Exeter Township or the alarm company to deactivate
a malfunctioning alarm system, to provide access to the premises or
to provide alternative security for the premises.
F.
Not manually activate an alarm for any reason other
than occurrence of an event that the alarm system was intended to
report.
G.
Have a properly licensed alarm company inspect the
alarm system after two false alarms in a one-year period from the
date permits issuance or renewal. The Alarm Administrator may waive
an inspection requirement if it determines that a false alarm(s) could
have been related to a defect or malfunction in the alarm system.
After four false alarms within a one-year period from the date of
permit issuance or renewal the alarm user must have a properly licensed
alarm company modify the alarm system to be more false alarm resistant
or provide additional user training as appropriate.
H.
Maintain at each alarm site a set of written operating
instructions for each alarm system.
A.
Upon enactment of this chapter, alarm companies shall
use control panels tested for conformance to the Security Industry
Association (SIA) Control Panel Standards - Features for False Alarm
Reduction.
B.
After completion of the installation an alarm company
employee shall review with the alarm user the customer false alarm
prevention checklist and also complete the installer false alarm prevention
program checklist, which are attached to the alarm permit application.
C.
An alarm company performing monitoring services shall:
(1)
For residential police alarms, offer a training period
in which no request for dispatch by law enforcement will occur during
the first seven days after installation of an alarm system, but rather
will use that week to train the alarm user on proper use of the alarm
system unless circumstances necessitate immediate requests for response
as determined by the Alarm Administrator or law enforcement authority.
(2)
Report alarm signals by using telephone numbers designated
by the Alarm Administrator.
(3)
Attempt to verify every alarm signal, except a duress,
holdup and fire alarm activation before requesting a law enforcement
or fire response to an alarm system signal.
(4)
Communicate alarm dispatch requests to the Township
in a manner and form determined by the Alarm Administrator.
(5)
Endeavor to contact the alarm user when an alarm dispatch
request is made.
A.
In the case of new installations, a seven-day testing
period shall apply to allow the alarm company and the alarm user to
prevent false alarms. During this seven-day period false alarm charges
shall not be assessed.
B.
Residential false police alarms. During each calendar
year: first and second false alarm, no charge; third and subsequent
alarms: $50 each.
C.
Residential false fire alarms. During each calendar
year: first false alarm, no charge; second false alarm: $50; third
and subsequent alarms: $100 each.
D.
Nonresidential false police alarms. During each calendar
year: first and second false alarm, no charge; third and subsequent
alarms: $100 each.
E.
Nonresidential false fire alarms. During each calendar
year: first and second alarm, no charge; second false alarm: $100;
third and subsequent alarms: $200 each.
F.
Failure to obtain alarm permit. In addition, any person
operating a nonpermitted alarm system, including never acquired permits,
will be subject to a charge of $200 for each false alarm, in addition
to any other fines.
G.
If cancellation occurs prior to law enforcement or
fire officials arriving at the scene, this is not a false alarm for
the purpose of fines and no fines will be assessed.
H.
A false alarm charge shall be due and payable at the
Exeter Township Municipal Office, no later than 30 days from the date
of the notice of the false alarm charge.
I.
Rectification of violations. The person or persons
responsible for any violation of this chapter shall immediately, upon
receipt from the Township, take the necessary measures to rectify
such condition to conform to the requirements of this chapter. Notice
may be by:
Enforcement of this chapter may be by civil
action and/or by criminal prosecution, as provided in 18 Pa.C.S.A.
§ 7511.
Information contained in the permit application
shall be held in confidence by all employees or representatives of
the Township and by any third-party administrator or employees of
a third-party administrator with access to such information.
