This chapter shall be known as the "Tobyhanna
Township Alarm Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
ALARM SYSTEM
Any device designed or used for detection of intrusion into
a building, structure or facility or for alerting persons of the attempt
or commission of a crime or any emergency situation involving potential
death or serious injury and which is directly connected to an audible
alarm or the transmission of a related signal or message which is
used to evoke an emergency response to any address or separate component
of any system.
EMERGENCY DEPARTMENT
Any municipal agency, including police, fire and any other
duly constituted municipal authority.
NUISANCE ALARM
The activation of an alarm system due to other than said
purpose for which the alarm system is designed. Any activation of
an alarm system caused by any malfunction caused by violent natural
catastrophic conditions including electrical storms or power outages
or conditions beyond the control of the permittee will not constitute
a nuisance alarm.
The Tobyhanna Township Supervisors, by authority
granted to them as specified in the Second Class Township Code, being
the Act of May 20, 1957, P.L. 74, as amended by the Act of March 21,
1968, P.L. 66, No. 22, § 1, 53 P.S. § 66529, hereby
enacts this chapter.
The Board of Supervisors of Tobyhanna Township
finds and declares that:
A. The majority of emergency alarms to which the Pocono
Mountain Regional Police Department and emergency personnel respond
are false. False alarms are herewith deemed to be nuisances resulting
in a waste of municipal manpower and creating the potential for serious
injury to police officers, fire department personnel and other emergency
personnel responding to a false alarm; further, when said personnel
are responding to false alarms, they are not available for the protection
of residents and the general public of the Pocono Mountain Regional
Police Department territory.
B. The danger created through emergency responses created
by nuisance alarms is unnecessary and hazardous.
C. The unnecessary waste of public revenue through responses
to nuisance alarms must be eliminated.
D. Nuisance alarms have created conditions causing danger
and annoyance to the general public.
[Amended 3-15-2021 by Ord. No. 562]
Every applicant for an alarm permit shall file with Tobyhanna
Township a written application on forms provided by Tobyhanna Township
stating the name, address and telephone number of the applicant; a
description of the property or properties where the proposed alarm
system shall be installed; the location, road, name of the development
and a name which is conspicuously displayed on the property or mailbox
of the property; a description of the type or types of alarm system
to be used, including name and model number of the manufacturer; the
name of the person or company who will install the alarm system at
the location; and the name, address and telephone number of any person
or company who will be available to be contacted in the event of an
alarm activation. In the case of more than one building site in which
the alarm systems shall be installed, the applicant must provide Tobyhanna
Township with the necessary information concerning how the alarm for
each building shall be distinguishable from the alarms in other buildings.
All alarms should have a nine-minute cutoff time. If the name, mailing
address or telephone number of the person to be contacted changes,
the applicant shall supply corrected information to the Township within
five days of the change. If requested by the Township, the persons
listed shall be required to be present at the alarm location within
a reasonable length of time after being notified that the police or
other emergency departments have received any signal or message of
an alarm activation.
In the event that the applicant-permittee or
transferee shall receive written notice from the Pocono Mountain Regional
Police Department that three nuisance alarms have occurred on the
premises within a term of 30 days, Tobyhanna Township, after giving
15 days' written notice to the applicant-permittee or transferee,
shall conduct a hearing to determine whether the permit shall be suspended
until the applicant-permittee or transferee shall produce proof satisfactory
to the township that the alarm system has been properly repaired so
that no future nuisance alarms will be activated. If, after notice
and hearing, it is the judgment of the township that such permit shall
be suspended, and if the alarm has not been properly repaired, disconnected
or removed from the premises, the applicant-permittee or the transferee
shall then be liable to pay a fine to the township in the sum of $300
per nuisance alarm.
The information furnished and secured pursuant
to this chapter shall be confidential in character and shall not be
subject to public inspection, and all records shall be so maintained
that the contents thereof shall not be divulged to anyone except to
the persons charged with the administration of this chapter.
Enforcement of this chapter shall be supplemental
to enforcement under the Pennsylvania Crimes Code Section 7511 [18
Pa.C.S.A. § 7511 (1998)].