[HISTORY: Adopted by the Board of Commissioners
(now Township Council) of the Township of Bristol 10-16-1985 by Ord. No.
1107. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any business operated by any individual, including a person
self-employed, partnership, corporation or other entity, which engages
in the activity 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 or employing another to assist in the same. This definition
does not include a person who engages in the manufacture or sale of
an alarm system from a fixed location and who neither visits the location
where the alarm system is to be installed nor designs the scheme for
physical location and installation of the alarm system.
Any mechanical or electrically operated instrument composed
of sensory apparatus and related hardware which is designed or used
for the detection of smoke, fire or an unauthorized entry or attempted
entry into a building, structure or facility or for alerting others
of the commission of an unlawful act within a building, structure
or facility, or both, and which emits a sound or transmits a signal
or message when activated. Alarm systems include, but are not limited
to, local alarm systems, audible alarms, automatic telephone devices,
alarms connected directly to the communications center, central stations
and certain proprietary systems. This definition shall not include
the following devices and their related hardware:
Devices which are not designed for and, as used,
do not register alarms that are audible, visible or perceptible outside
of the protected building, structure or facility unless fire or police
response is expected or is a result of the alarm, provided that smoke
alarms installed for residential use shall not be included in the
definition of "alarm system."
Devices which are designed for and installed
upon motorized vehicles or trailers.
Devices maintained and operated by the Bureau
of Police used for the detection of unlawful acts and sometimes known
as a "portable stakeout alarm system."
Any person on whose premises an alarm system is maintained,
which system in not specifically exempted from regulation under this
chapter.
An alarm system which is interconnected to a telephone line
and is programmed to select a predetermined telephone number and transmit
by prerecorded voice message or coded signal an emergency message
indicating a need for emergency response.
Any office, except the communication center, to which remote
alarm and supervisory signaling devices are connected, where operators
supervise the circuits and/or where guards are maintained continuously
to investigate alarm signals.
The radio communications room of the Bristol Township Police,
presently located at 2501 Oxford Valley Road, Levittown, Pennsylvania,
19057.
Alarms connected directly from a business, home or other
facility into the communications center of the Bristol Township Police
Department to annunciate an alarm for fire or burglary/holdup.
The Director of the Office of Licenses, Zoning and Inspections
or his designated representative. Wherever in this chapter duties
or responsibilities are assigned to the Director, he may delegate
them to such person or persons within the Office of Licenses, Zoning
and Inspections as he or she deems necessary and expedient for the
effective administration of this chapter.
[Amended 10-20-1992 by Ord. No. 92-17]
The intentional activation of the alarm system under circumstances
where the physical security of the premises or safety of the activator
or other persons upon the premises is not threatened and which is
responded to by the Fire or Police Department.
The faulty alarm fee required for faulty alarms occurring
during the calendar year.
[Amended 5-14-1991 by Ord. No. 91-8]
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the alarm
user or of his family, employees, agents, guests or invitees. Such
terminology does not include alarms caused by hurricanes, tornadoes,
earthquakes, lightning or other extreme weather conditions and causes,
except those specifically set forth above, which are beyond the control
of the alarm user.
Alarms from a home, business or other facility to a central
station, an answering service; or an alarm that when activated causes
an audible and/or visible warning signal which can be heard and/or
seen outside the building, is designed to attract attention when activated
by an intrusion or other emergency requiring Fire or Police Department
response.
Any individual, firm, partnership, association, corporation,
company or organization of any kind; and when used in any clause prescribing
and imposing a penalty, "person" includes the individual members,
partners, officers and managers, or any of them, of partnerships,
associations and similar entities, and the officers, directors and
managers, or any of them, of corporations.
Any alarm system which sounds within the protected premises
or a control center under the supervision of the proprietor of the
protected building, structure or facility. If police or fire response
is expected or is a result of that proprietary alarm signal or message,
it thereby becomes an alarm system as defined by this chapter.
No person shall engage in, conduct or carry
on an alarm business at any time without first applying for and receiving
an alarm business permit.
No person shall install or use an alarm system
without having applied for and been issued a current and valid alarm
user permit or special interim permit that has not been suspended
or revoked.
No alarm business shall install any alarm system
upon any premises unless and until an alarm business has registered
with the township and paid the required fee.
[Amended 10-20-1992 by Ord. No. 92-17]
No person shall conduct any test or demonstration
of any alarm system designed to make direct connection to the communications
center at any time without first obtaining permission from the Director
of Licenses, Zoning and Inspections. Such permission is not required
where the equipment to be tested or demonstrated is connected to an
intermediary and the receipt of the alarm or signal is not relayed
to the Police Department by any means.
Section 4905 of the Penal Code, Act of December
6, 1972, P.L. 1482, No. 334 (18 Pa.C.S.A. § 4905), makes
it a misdemeanor of the first degree for any person to knowingly cause
a false alarm of fire or other emergency to be transmitted to any
organization, official or volunteer for dealing with emergencies involving
danger to life or property. Alarm users should be on notice that intentional
activation of any alarm system under circumstances where the physical
security of the premises or safety of the activator or other persons
upon the premises is not threatened which is responded to by the Fire
or Police Department may subject the activator to prosecution for
violation of the aforesaid section of the Penal Code.
A.
Applications. Any person engaging in alarm business
activities defined in this chapter, within 30 days of the effective
date of this chapter, shall apply for an alarm business permit. Such
application shall be signed by the individual proprietor of such business
or by a partner or by the proper corporate officials as is appropriate
for the form of the business seeking its permit, shall contain such
information as the Director of Licenses, Zoning and Inspections shall
by regulation require as necessary to administer and enforce this
chapter and shall be accompanied by the required fee.
[Amended 10-20-1992 by Ord. No. 92-17]
B.
Permit fee. An annual fee, set from time to time by
resolution or ordinance of the Township Council,[1] shall be due and payable by April 1 of each year. The
initial fee shall be due with the application. There shall be no prorating
of the initial fee even though the permit has been applied for after
April 1. Under no circumstances shall fees be refunded.
[Amended 10-20-1992 by Ord. No. 92-17]
C.
Expiration date. An alarm business permit shall automatically
terminate and expire on March 31 next following issuance of the permit
but shall be automatically renewed upon payment of the permit fee
if received prior to or on the expiration date.
D.
Applicability. Applicants already doing business in
the township on the effective date of this chapter may continue to
do business while their permit applications are being processed. An
applicant not previously doing business in the township on the effective
date of this chapter shall not commence doing business until his application
is approved.
A.
Identification of existing alarm system. Within 30
days after the effective date of this chapter or upon receipt of an
alarm business application, whichever first occurs, an alarm business
shall supply the Director of Licenses, Zoning and Inspections with
a complete list of the names and addresses of all persons within the
township to whom or for whom alarm systems have been sold or installed
and/or who are currently under contract for service to such a system.
[Amended 10-20-1992 by Ord. No. 92-17]
B.
Investigation of false/faulty alarms. At the direction
of the Director of Licenses, Zoning and Inspections, an alarm business
shall investigate false alarms transmitted from any alarm system it
has installed or presently services where the police or Director of
Licenses, Zoning and Inspections has been unable to determine the
cause of a recent false alarm, and thereafter submit a written report
of its findings within 15 days of being directed to conduct the investigation
unless the time to report has been extended by the Director of Licenses,
Zoning and Inspections for good cause shown.
[Amended 10-20-1992 by Ord. No. 92-17]
C.
Statistical data. In addition to any other information
that may be required to be supplied by the provisions of this chapter,
the Director of Licenses, Zoning and Inspections may require an alarm
business to furnish him with such statistical data as may be reasonably
available relative to specified periods of operation.
[Amended 10-20-1992 by Ord. No. 92-17]
D.
Furnishing of instructions to alarm users. Every alarm
business selling, leasing or furnishing to any alarm user an alarm
system shall furnish the user with written instructions that provide
information to enable the user to operate the alarm system properly
and to obtain service for the alarm system at any time.
[Amended 10-20-1992 by Ord. No. 92-17]
A.
Grounds for suspension or revocation. In addition
to any penalties which may be imposed for the violation of provisions
of this chapter, an alarm business permit may be suspended or revoked
by the Director of Licenses, Zoning and Inspections for any of the
following reasons:
(1)
The violation of any of the provisions of this chapter.
(2)
The failure to comply with rules or regulations adopted
and orders of the Director of Licenses, Zoning and Inspections issued
pursuant to this chapter.
(3)
Where the applicant or permit holder has knowingly
made any false, misleading or fraudulent statement of material fact
in the application for a permit or in any report or record to be filed
with the Director of Licenses, Zoning and Inspections.
B.
Suspension or revocation procedure.
(1)
Notice. Prior to the suspension or revocation of an
alarm business permit's becoming effective, the Director of Licenses,
Zoning and Inspections shall notify the permittee in writing of the
suspension or revocation, the reasons therefor, his right to a hearing
before the Director of Licenses, Zoning and Inspections if desired,
and that unless a request for a hearing before the Director of Licenses,
Zoning and Inspections is filed in writing within 15 days of the date
of the notice of suspension or revocation, such suspension or revocation
shall then become effective without further action. Such notice shall
be served upon the permittee by delivering the same personally or
by leaving the notice at the place of business or residence of the
permittee in the custody of a person of suitable age and discretion.
In the event the permittee cannot be found and the service of the
notice cannot be otherwise made in the manner herein provided, a copy
of such notice shall be mailed, registered mail, postage fully prepaid,
addressed to the permittee at his or her place of business or residence
as shown on the permit application.
(2)
Hearing. If a hearing is requested before the Director
of Licenses, Zoning and Inspections, it shall be conducted by the
Director of Licenses, Zoning and Inspections or his designee within
10 days of the request and shall be conducted in accordance with the
Local Agency Law (2 Pa.C.S.A. § 105). If following the hearing
the suspension or revocation is upheld, the reasons therefor shall
be set forth in writing and delivered to the permittee by ordinary
mail. A decision upholding or sustaining the suspension or revocation
shall result in such suspension's or revocation's becoming effective
and not subject to further stay except upon order of court.
Within 90 days after the effective date of this
chapter, all automatic dialing devices that have been programmed to
automatically transmit a request for emergency response directly to
the communications center or any other Bureau of Police telephone
number shall be disconnected.
Local alarm systems shall be equipped with a
timing mechanism that shall disengage the audible and/or visual alarm
after a maximum period of 30 minutes. Audible alarms without such
a timing mechanism, other than fire alarms, shall be unlawful in the
township and shall be disconnected by the user within 60 days from
the effective date of this chapter.
[Amended 10-20-1992 by Ord. No. 92-17]
Every premises upon which an alarm system is
installed shall be subject to inspection at reasonable times by authorized
personnel of the Departments of Fire and Police or the Office of Licenses,
Zoning and Inspections. Such inspection shall be limited to such areas
as are necessary to inspect the installation and operation of the
alarm system.
[Amended 10-20-1992 by Ord. No. 92-17]
A.
Permit required. Any alarm user or any person desiring
to use an alarm system shall, within 60 days of the effective date
of this chapter, file an application for each system in use with the
Director of Licenses, Zoning and Inspections. A separate application
shall be required for each protected location. Permits are issued
for each location.
C.
The annual permit fee shall be due and payable by
the first of March of each year. The fee shall be due with the application.
There shall be a prorating of the initial fee on a monthly basis if
application was received after February 1. Under no circumstances
shall fees be refunded. Said fees shall be set from time to time by
resolution or ordinance of the Township Council.[2]
D.
Display of permit. A valid alarm user permit shall
be kept on the premises where the alarm system is located and shall
be produced and displayed to any police officer or designee of the
Director of Licenses, Zoning and Inspections upon request.
E.
Maintenance of current information. It shall be the
alarm user's continuing responsibility to immediately notify the Department
of Licenses, Zoning and Inspections of any changes in the information
required to be filed in the alarm user permit application and to keep
all such information current at all times.
[Amended 10-20-1992 by Ord. No. 92-17]
An alarm user permit may be suspended or revoked
by the Director of Licenses, Zoning and Inspections for any of the
following reasons:
A.
The violation of any of the provisions of this chapter.
B.
The failure to comply with rules and regulations adopted
pursuant to this chapter.
C.
Where the applicant or permit holder has knowingly
made any false, misleading or fraudulent statement of material fact
in the application for a permit or in any report or record to be filed
with the Director of Licenses, Zoning and Inspections.
D.
Where the applicant or permit holder has had a similar
type permit previously revoked for a good cause in the past, unless
the applicant can show a material change in the circumstances since
the date of revocation.
[Amended 5-14-1991 by Ord. No. 91-8; 10-20-1992 by Ord. No.
92-17]
A.
Should any alarm user incur more than two faulty alarms
during any calendar year, the Office of Licenses, Zoning and Inspections
or the Office of the Fire Marshal shall file an action pursuant to
the Rules of Civil Procedure for District Justices, Rule 301 et seq.,
with the appropriate office of the District Justice for each additional
faulty alarm during a calendar year. Upon a judgment's being entered
in favor of Bristol Township, the alarm user shall be ordered to pay
damages to Bristol Township in an amount not to exceed $300, plus
an additional 10% of said damages as an administrative fee for Bristol
Township. Each faulty alarm in excess of two faulty alarms in a calendar
year shall constitute a separate violation of this chapter.
B.
The purpose of the penalty is to encourage and facilitate
the correction of malfunctioning alarm systems to conserve fire and
police resources. Public entities, agencies and public bodies would
best be encouraged to avoid faulty alarms by authorizing the Office
of Licenses, Zoning and Inspections or the Office of the Fire Marshal
to require reviews of the alarm systems and to require improvements
where there are excessive faulty alarms.
C.
After the 10th faulty alarm in any publicly owned
facility or at such earlier time as a representative of the Office
of Licenses, Zoning and Inspections or the Office of the Fire Marshal,
in his sole discretion, may determine, a study or review must be conducted
by alarm experts approved by the Office of Licenses, Zoning and Inspections
and at the cost of the alarm user. Should improvements in the system
be indicated as a result of the study or review, the alarm user, at
the discretion of the Office of Licenses, Zoning and Inspections or
the Office of the Fire Marshal, must make said improvements. Should
the alarm user fail or refuse to make said improvements, that shall
constitute a violation of this chapter, and the Office of Licenses,
Zoning and Inspections or the Office of the Fire Marshal shall file
action pursuant to the Rules of Civil Procedure for District Justices,
Rule 301 et seq., in the appropriate office of the District Justice.
Upon a judgment's being entered in favor of Bristol Township, the
alarm user shall be ordered to pay damages to Bristol Township in
an amount not to exceed $1,000.
D.
Where any alteration of an alarm system has been approved
by the Office of Licenses, Zoning and Inspections or the Office of
the Fire Marshal as an improvement to reduce faulty alarms, there
shall be a sixty-day moratorium on any penalties for faulty alarms,
and any faulty alarms during that period shall not be counted or considered
in applying the above penalties. This exception shall apply to both
public and private alarm users.
A.
Any penalties/damages collected on behalf of Bristol Township pursuant to § 51-15 of this chapter which are the result of faulty alarm systems shall be disbursed in that Bristol Township shall receive the additional ten-percent administrative fee provided for by § 51-15 of this chapter for the costs incurred in administrating this chapter and the remainder is to be disbursed to the Fire Department for the fire district in which such alarm is located. The Fire Department which is the recipient of said funds shall use said funds exclusively to purchase, restore or repair fire-fighting or safety equipment.
[Amended 5-14-1991 by Ord. No. 91-8]
B.
To facilitate the keeping of accurate records for
the collection of fines and disbursal of said funds, Fire Departments
shall forward to the Chief of Police on a weekly basis a report listing
the address of each alarm user for which a false/faulty alarm was
reported to or pursued by said Department during the previous week
and the day and time of each false/faulty alarm reported.
C.
Fire Departments receiving funds pursuant to this
section shall make an annual report to the Managing Director, itemizing
the expenditure of these funds. The submittal of said annual report
shall be a condition to the receipt of funds for the following year.
[Amended 10-20-1992 by Ord. No. 92-17]
The information furnished and secured pursuant
to this chapter shall be confidential in character and shall not be
disclosed except in accordance with law, order of court or if required
in connection with the administration and enforcement of this chapter.
[Amended 10-20-1992 by Ord. No. 92-17]
This chapter shall be enforced by the Office
of Licenses, Zoning and Inspections acting through the Director of
Licenses, Zoning and Inspections or his designated representative.
