This chapter shall be known as the "Birmingham
Township Automatic Protection Device Ordinance."
The following definitions shall apply to the
interpretation and enforcement of this chapter:
AUDIBLE ALARM
Any device which emits an audible warning signal outside
the building, whether by wire or otherwise, and designed to attract
attention when activated by a criminal act or other emergency requiring
emergency personnel to respond.
AUTOMATIC PROTECTION DEVICE
Any instrument which automatically transmits any form of
alarm or signal, including but not limited to a prerecorded voice
alarm, from the premises to the Chester County Police Radio Network
or similar agency upon receipt of a stimulus from a sensory apparatus
that has detected a physical force or condition inherently characteristic
of intrusion or fire.
FALSE ALARM
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to the police or fire department to which police or firefighters respond
which is not the result of a burglary, fire, robbery or similar emergency
but erroneously indicates that such an incident has occurred.
KEY
To tie a telephone or recording equipment into the system
to transmit a message either directly or indirectly by an automatic
protection device.
PERMIT
Written permission, duly granted to an applicant by the Township
upon payment of the required fee.
TOWNSHIP
The Township of Birmingham, County of Chester, Pennsylvania.
All automatic protection device suppliers shall
register their firms' name and address with the Birmingham Township
Police Department and shall pay a registration fee in accordance with
the Township of Birmingham Fees Resolution.
Automatic protection devices installed in the
Township that are keyed to the Chester County Police 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 Police
Radio Network as a result of a single activation of the automatic
protection device.
C. Recorded messages may be repeated during one call,
but the interval between each recorded message shall be no less than
eight seconds and no more, than 12 seconds.
D. The time for transmitting each recorded message shall
not exceed 15 seconds.
E. The 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 in water pipes, short flashes of
light, the rattling or vibrations of doors and windows, vibrations
to the premises caused by the passing of vehicles or any other force
not related to genuine alarms.
F. All components comprising such a device must be maintained
by the owner or lessee in good repair to assure maximum reliability
of operation.
All automatic protection device suppliers who
sell or lease an automatic protection device in the Township after
the effective date of this chapter which is keyed to the Chester County
Police Radio Network shall furnish operating instructions, circuit
diagrams and maintenance manuals for each type of automatic protection
device they deal in and install in the Township to the buyer or lessee
of the automatic protection device.
When messages evidencing failure to comply with the operational requirements set forth in §
41-8 are received by the Chester County Police Radio Network, a duly authorized representative of said Network may demand that the owner or lessee of the device, or representative, disconnect the device until it is made to comply with the operational requirements. If disconnection of the defective device is not accomplished promptly and the Township determines that the malfunctioning device is repeatedly sending false alarms without any intermittent valid alarms, it may then take any steps to disconnect the defective automatic protection device.
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 and
as a condition to installing and maintaining an automatic protection
device, the owner or lessee thereof shall execute a consent in such
form as may be prescribed by the Township, which will authorize the
Township Police to enter upon a lessee's or owner's premises within
the Township, at such reasonable times and upon reasonable notice
to inspect the installation and operation of an automatic protection
device.
By submitting an application for permit for
the installation of an automatic protection device and the subsequent
installation of such automatic protection device or by the continuation
of the use of an automatic protection device already installed at
the effective date of this chapter, the owner, lessee or 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, emergency personnel or agent
of the Township who makes a forced entry in response to such an alarm
into the premises on which such an automatic protection device is
installed. 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 automatic protection
device is installed, such permit application shall constitute an indemnification
agreement by the applicant to hold harmless any such police officer,
emergency personnel or agent of the Township from any and all damages
whatsoever claimed by the lessor or owner of the premises on which
the automatic protection device is installed.
No person, other than Birmingham Township police
officers, shall conduct any tests or demonstrations of an automatic
protection device without first obtaining permission from the Township
police. Where the equipment is not keyed to the Chester County Police
Radio Network, no such permission is necessary.
The Township shall supply copies of this chapter
to the suppliers and installers at its then-current rate.
[Amended 6-5-1995 by Ord. No. 95-01; 7-1-1996 by Ord. No.
96-08]
A. Failure of any person to comply with the requirements
of written notice of a violation of any provision hereof within three
days of receipt of such notice, exclusive of Saturdays, Sundays and
legal holidays, shall constitute a civil violation. Any person who
violates this provision shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Township before a
Magisterial District Judge, pay a fine for each such violation in
an amount not exceeding $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township. No judgment shall be imposed
until the date of the determination of a violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure.
B. An owner, lessee or user of an automatic protection
device which causes or permits three false alarms to occur in a consecutive
twelve-month period shall be subject to the fines and penalties set
forth in Section 7511 of the Pennsylvania Penal Code, 18 Pa.C.S.A.
§ 7511.
[Added 10-4-1999 by Ord. No. 99-07]
C. False alarm violation. Any person who willfully activates
a false alarm shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township before a Magisterial District
Judge, pay a fine not exceeding $600, plus all court costs, including
reasonable attorneys' fees, incurred by the Township. No judgment
shall be imposed until the date of the determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.