[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Makefield as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-22-1985 as Ord. No. 188]
This article shall be known as the "Alarm Ordinance."
The following words shall have the following definitions with respect to the operation of this article only:
ALARM AGENT
The owners, managers, corporate officers and partners and their employees directly engaged in selling, installing, servicing, maintaining or responding to alarm systems within the Township.
ALARM BUSINESS
The business by any individual, partnership, corporation or other entity involved in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of 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.
ALARM SYSTEM
Any assemblage of any equipment, mechanical or electrical, arranged to signal the occurrence of an entry into a building or structure or other activity requiring urgent attention and to which police and fire personnel are expected to respond.
ALARM USER
The person, firm, partnership, association, corporation, company or organization of any kind in control of premises wherein an alarm system is maintained.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and is programmed to transmit by voice message or code signal to designated trunk line (selected telephone number other than a primary trunk line) indicating a need for emergency response.
BUREAU OF EMERGENCY COMMUNICATIONS
The facility used to receive emergency information from the public to be dispatched to the respective Police Department and Fire Company.
COORDINATOR
The individual or agency designated by the Township to issue permits and enforce the provisions of this article or his or her designated representative.
DESIGNATED TRUNK LINE
A telephone line or lines serving the Bureau of Emergency Communications that is designated to receive calls from automatic dialing devices.
FALSE ALARM
An emergency alarm activated by inadvertence, negligence, intentional or unintentional acts to which the Township Police or Fire Department responds, which shall include the malfunctioning of the alarm system. The definition excludes alarms caused by: malfunctions of the indicator at the central alarm station, malfunction, testing or repairing of telephone equipment or lines, acts of God, such as earthquake, flood, windstorm, thunder or lightning, an attempted illegal entry of which there is visible evidence and the user acting under a sincere belief that a need exists to call the Police or Fire Department. If a doubt exists as to the cause of a false alarm the coordinator shall resolve it in favor of the alarm user. NOTE: Multiple alarms received by the Bureau of Emergency Communications before the system can be deactivated or repaired within a reasonable period of time shall be considered a single alarm.
INTERCONNECT
To connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
MONITORING
Any alarm business, individual, firm, partnership, corporation, association, company or organization who monitors alarm calls or signals through a central alarm terminal, answering service or other monitoring device.
PRIMARY TRUNK LINE
A telephone line or lines serving the Bureau of Emergency Communications that is designated to receive emergency calls.
All alarm businesses must first obtain a license from the Township before conducting any business or providing any type of service in Lower Makefield Township pursuant to the following requirements:
A. 
Application for license by alarm business. Any entity engaging in an alarm business located in the Township of Lower Makefield or conducting alarm business within the boundaries of Lower Makefield Township shall, within 30 days after the effective date of this article, apply to the alarm coordinator for a license to conduct their business on a form to be furnished by the Township. A copy of the application shall be transmitted to the Police Chief. Any entity that sells only those alarm systems excluded from the definition of an alarm system pursuant to § 70-2B of this article are not required to obtain a license under this section. Any required application shall be signed by the individual proprietor of such business or by a partner or by the proper corporate official, as is appropriate, and the application shall include:
(1) 
The name, address and telephone number of the alarm business and the type of business organization (individual, partnership, or corporation). If the business is an individual proprietorship or partnership, the name, address and the individual telephone number of each principal or partner (general, limited, etc.); if a corporation, the names and addresses of the directors, principal officers and stockholders (any stockholder holding more than 20% of the corporation's authorized and issued stock) and the state where incorporated.
(2) 
A certification that within 90 days after the effective date of this article or upon receipt of notice of approval of a license application, whichever date occurs later, a complete list of the names and addresses of all persons in the Township to whom or for whom alarm systems have been sold and/or who are currently under contract to the alarm business for services on or after the effective date of this article. This list shall be delivered to the alarm coordinator and shall be updated monthly. This information shall be classified as confidential information and shall only be used by the alarm coordinator for the purpose of identifying alarms and locations for means of control.
(3) 
A complete list of criminal convictions, if any, except for minor traffic offenses of each partner, officer or local officer manager, if the applicant is other than an individual.
(4) 
A statement that the applicant will inform the alarm coordinator within 10 days after any substantial change in the information required by § 70-3A of this article.
B. 
License applications shall be accompanied by a nonrefundable fee, as determined by the Board of Supervisors by resolution from time to time,[1] to cover the costs to the Township in processing the application and investigating the applicant.
[1]
Editor's Note: See Ch. A205, Fees.
C. 
Applicants already doing business in the Township on the effective date of this article may continue to do business while their license applications are being processed. An applicant not previously doing business in the Township on the effective date of this article shall not commence doing business until his application is approved.
D. 
All alarm businesses, individuals, partnerships, corporations or other entity involved in the 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, shall submit with their license application an insurance certificate in the minimum amount of $300,000 for workers' compensation, general liability for personal injuries and property damage along with the application.
A. 
The coordinator shall cause a report on the applicant to be prepared based on the information contained in the application together with such other relevant information as may be obtained pertaining to the applicant and his business.
B. 
On the basis of this report, the coordinator shall within 60 days after the receipt of an application for an alarm business license either approve or deny the issuance of a license. Upon making a decision, he shall:
(1) 
In the case of approval, notify the applicant, in writing, of the approval and inform him to appear and receive the license to operate.
(2) 
In the case of denial, notify the applicant, in writing, of the denial and of the basis for denial. If the basis for the denial can be corrected, the notice shall so state and shall explain how these corrections may be made and set a reasonable time limit for making such corrections. If the reasons for denial cannot be corrected or if the applicant desires to appeal, the procedure for appeal shall be as follows:
(a) 
Within 10 days after receipt of the notice of denial, the applicant shall file a notice of appeal with the coordinator stating the basis of the appeal.
(b) 
Within 10 days after receipt of the notice of appeal, the coordinator shall arrange for a conference with the applicant and the police chief to attempt to reach an agreement concerning the appeal.
(c) 
If the conference fails to settle the matter in a way acceptable to the applicant, arrangements shall be made to have the appeal heard before the hearing officer who shall be the Township Manager or his designated representative. Such hearing shall be held not less than 10 days nor more than 21 days after the conference. The coordinator shall cause the applicant to be given notice of the hearing by regular mail at least 10 days in advance of the date of the hearing and it shall be sent to the address noted on the application. The Township Manager or his representative shall render a decision within 5 days of the hearing. If the applicant is still dissatisfied, the applicant may appeal to the Board of Supervisors, in writing, within 10 days of the notice received from the Township Manager. A hearing shall be scheduled within 30 days of the notice of appeal.
(d) 
The applicant may appear before the Board of Supervisors and the applicant or his designated representative may present his appeal. The Board of Supervisors shall rule on the appeal within 20 days after it is heard, and such ruling shall be final.
A. 
The alarm business license shall be for a calendar year 12 months and shall be valid from the month issued to the same month in the preceding year.
B. 
The alarm coordinator shall notify all licensed alarm businesses 30 days in advance of the expiration date of their license. Those alarm businesses that fail to renew their license by the expiration date and continue to do business in Lower Makefield Township shall be considered as unlicensed alarm business and shall be subject under § 70-12A.
C. 
No refund of license fees shall be made.
A. 
In addition to any penalties which may be imposed for the violation of certain provisions of this article, the Township may, pursuant to the provisions of this section, revoke the license of an alarm business on any of the following grounds:
(1) 
Fraud or willful and knowing misrepresentation or false statement made in an application for a license.
(2) 
Fraud or willful and knowing misrepresentation or false statement made in the conduct of an alarm business.
(3) 
Failure to correct any deficiencies in equipment or operation within 30 days after receipt of notice of same from the coordinator or within a reasonable time if the deficiencies cannot be corrected within the said 30 days. The coordinator shall have the sole discretion of determining what is a reasonable time.
(4) 
Failure to comply within a reasonable time with any order or notice issued by the coordinator after the licensee's rights to hearing and appeal have been exhausted or failure after reasonable notice to permit the coordinator to inspect any lists which he is authorized to inspect under this article or failure to comply with the standards imposed by this article within a reasonable time, not less than 30 days after notice or order from the coordinator.
B. 
No alarm business license shall be revoked until a hearing is held by the hearing officer. Written notice of the time and place of the hearing shall be served on the holder of the license at least 10 days before the date set for the hearing. The notice shall set forth a summary of the grounds advanced as the basis for the revocation of the license.
C. 
At the hearing before the hearing officer, the holder of the license or his authorized representative shall be given an opportunity to confront and examine any adverse witness and to present evidence on his own behalf. After the hearing the hearing officer shall either dismiss the complaint or shall forward the complaint to the Township Board of Supervisors with his recommendation that the license be revoked. The Board of Supervisors shall hold a hearing on the appeal within 45 days after its receipt by the Township and shall cause the appellant to be given at least 10 days' written notice of such hearing. At the hearing the appellant or his authorized representative shall have the right to present a written or oral argument, or both, in support of his appeal. The determination of the Board of Supervisors on the appeal shall be final.
D. 
Within 10 days after an alarm business receives notice of revocation of its license, or after it has exhausted all appeals with respect to such revocation of its license, it shall notify all persons for whom it is required to maintain a list pursuant to § 70-3A(2) of this article of such revocation, and the notice shall advise such persons that the alarm business must cease providing service for or selling alarm systems to such persons within 30 days after they receive notice of revocation. For the purposes of this section, any alarm business other than a central station, modified central station or telephone answering service may satisfy the notice requirement by placing an advertisement in a newspaper published in the geographic areas in which its customers are located, which advertisement shall be in a form prescribed by the coordinator. Such advertisement shall appear at least one day a week for three successive weeks. When the notice required by this subsection has been completed the alarm business shall submit a sworn certificate to the coordinator that it has met the requirements of this paragraph.
A. 
Every alarm agent employed by an alarm business located in the Township of Lower Makefield or those alarm businesses that conduct their business within the boundaries of Lower Makefield shall be required to obtain an identification card from the coordinator. Until the coordinator acts upon the application of an alarm agent for an identification card, he shall have the authority to issue a temporary identification card and shall complete his investigation 30 days and issue a permanent identification card if the applicant meets the requirements under this article. The owners, managers, corporate officers and partners of all alarm businesses are also required to obtain identification cards from the coordinator if they directly engage in selling, installing, servicing, maintaining or responding to alarm systems within the Township. Any person who is directly employed by a licensed alarm business in Lower Makefield Township as a secretary, a monitor of equipment or alarm calls or who has access to confidential information of an alarm user, must obtain an identification card within 30 days of this article. The application for the identification card shall be in a form prescribed by the coordinator and shall include the following:
(1) 
The applicant's full name and any aliases or other names previously used, residence and business addresses and telephone numbers.
(2) 
The applicant's date and place of birth.
(3) 
A list of all felony and misdemeanor convictions of the applicant.
(4) 
Two classifiable sets of fingerprints.
(5) 
Two recent photographs of the applicant of a type prescribed by the coordinator (Passport photos).
(6) 
The name and address of the alarm business where the applicant is or will be employed and date of employment.
(7) 
The applicant's employment record for the prior three years.
(8) 
A statement that the applicant will inform the coordinator of any change in the above information or the termination of the applicant's employment by the alarm business within 10 days of such change.
(9) 
Any other information which the coordinator may deem necessary to determine whether the applicant for an identification card meets the requirements of this article.
B. 
The temporary or permanent identification card required by this section shall be carried by a person required to obtain an identification card whenever such person is engaged in the business of the licensee and shall be exhibited at the demand of any lawful authority.
C. 
Application for an identification card must be accompanied by a fee as set forth by resolution of the Board of Trustees to cover costs of processing the application and investigating the applicant.[1]
[Amended 10-21-1996 by Ord. No. 305]
[1]
Editor's Note: For current fee see Ch. A205, Fees.
A. 
The coordinator shall cause a report on the applicant to be prepared based on the information contained in any application together with such other relevant information as may be obtained pertaining to the applicant. No identification card shall be issued if:
(1) 
The applicant has been convicted of a felony or a misdemeanor.
(2) 
The application contains any false statements made willfully and knowingly.
(3) 
The applicant is not employed as an alarm agent or is not to be employed as an alarm agent by an alarm business.
B. 
If the application is approved the coordinator shall cause an identification card to be issued to the applicant.
C. 
If an application is denied the coordinator shall notify the applicant, in writing, of the denial and of the basis for the denial. The notice of denial shall inform the applicant that he may appeal the denial and set forth the procedure for appeal. The procedure for appeal shall be the same as set forth in § 70-4B(2).
A. 
Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located within Lower Makefield Township shall furnish that user with written instructions that provide information to enable the user to operate the alarm system properly and to locate and obtain service for the alarm system at any time.
B. 
Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in Lower Makefield Township shall:
(1) 
Require that each alarm system installed be provided with standby battery power which shall automatically and immediately take over in the event of a power failure.
(2) 
Be required to provide an automatic audible alarm cutoff within 15 minutes of the activation of the audible alarms connected to any alarm system. Exception: Underwriters Laboratory Certified Systems shall be 30 minutes; fire alarm systems shall be exempt.
(3) 
Be required to notify the central alarm station that provides service for that particular system prior to conducting any test upon any alarm system whereupon such test would cause emergency information to be received by the Lower Makefield Township Police Department or the appropriate Fire Company.
C. 
Any alarm business, selling, leasing or furnishing to any user, an alarm system which is installed on premises located within Lower Makefield Township, shall not use any interconnect, primary trunk line, automatic dialing device or designated trunk lines to transmit any alarm signal to the Lower Makefield Township Police Department or to the Bucks County Emergency Communications Center. All alarm systems installed or utilized in Lower Makefield Township that are equipped to transmit a signal by telephone line shall direct that signal to a central monitoring station.
D. 
All users of alarm systems using an automatic dialing device for the purpose of transmitting an emergency message to the Bucks County Emergency Communications Center shall have until July 1, 1986, to remove the automatic dialers from the designated telephone lines of the Lower Makefield Township Police Department.
E. 
Alarm systems that are not equipped to send a signal other than a local audible signal shall be acceptable, but the user shall be subject to § 70-10 and all other provisions of this article that pertain to false alarms.
F. 
All alarm users shall obtain an alarm user's permit for each premise from the coordinator's office upon the effective date of this article or prior to use of an alarm system. An application for the alarm user's permit and a fee, to be determined by the Board of Supervisors from time to time by resolution,[1] will be filed with the coordinator's office. Each alarm permit shall be valid for the life of the alarm system or until the premise where such alarm is located is sold. It shall be the responsibility of the new owner to make application for a new permit.
[1]
Editor's Note: See Ch. A205, Fees.
G. 
A residential alarm user who is 65 years or older and is the primary resident of the residence and if no business is conducted in the residence may obtain a user's permit from the coordinator's office without the payment of a user's fee.
A. 
Any alarm system which has more than two false alarms within a permit year shall be subjected to penalties and provisions as provided under § 70-12.
B. 
If the Lower Makefield Township Police Department or the appropriate Fire Company records indicate more than two false alarms within a permit year for any alarm system, the alarm coordinator shall notify the alarm user that a false alarm has been recorded and that any subsequent false alarms shall result in a fine under § 70-12. It shall be the responsibility of the alarm user to notify the alarm company to make repairs to reduce and eliminate false alarms.
A. 
It shall be the responsibility and authority of the coordinator or his designated agent to enforce all violations of this article, and for the purposes of this article only, the coordinator or his agent shall have the express authority to take whatever action is necessary including the filing of criminal proceedings where appropriate.
B. 
The coordinator or his designated agent, in lieu of filing a citation or commencing any other proceedings against any person violating the provisions of this article may, provide the opportunity to any offender to pay a fee of $25. The coordinator and/or his designated agent shall adopt such rules and regulations as are appropriate related to notice to potential violators of their option to pay a fee in lieu of the Township proceeding with a prosecution.
[Added 5-4-1992 by Ord. No. 275]
[Amended 5-4-1992 by Ord. No. 275]
A. 
Any alarm businesses, individual, partnership, corporation or other entity, 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 without first obtaining the proper licenses as provided in § 70-3 shall be sentenced, if convicted, to a fine not more than $1,000 and costs of prosecution and reasonable attorney's fees.
[Amended 10-21-1996 by Ord. No. 305]
B. 
Any alarm user, whether person, firm, partnership, association, corporation, company or organization of any kind in control of a premises wherein an alarm system is maintained, violating § 70-10, shall be sentenced, if convicted, to a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees.
[Amended 10-21-1996 by Ord. No. 305]
C. 
Any alarm business, individual, partnership, corporation or other entity violating § 70-9A, B and C shall be sentenced, if convicted, to a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees.
[Amended 10-21-1996 by Ord. No. 305]
D. 
Any user of an alarm system using an automatic dialer device for the purpose of transmitting emergency messages to the Bucks County Emergency Communications Center, failing to remove such dialers from a primary trunk line or a designated trunk line as spelled out in § 70-2, Definitions, shall be sentenced, if convicted, to a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees for each day of violation.
[Amended 10-21-1996 by Ord. No. 305]
E. 
The jurisdiction for the imposition of the several penalties referred to in this section shall be with the District Justice who shall have jurisdiction over Lower Makefield Township.
F. 
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
[Added 10-21-1996 by Ord. No. 305]
All permits and forms required shall be prepared in accordance with the terms and conditions of this article.
[Adopted 12-6-2023 by Ord. No. 444]
As used in this article, the following terms shall have the meanings indicated:
AUTOMATIC PROTECTION DEVICE
Any device designed to automatically suppress or prevent a fire, medical, or other similar emergency and shall include, but not be limited to, smoke detectors, heat detectors, automatic sprinkler system devices, range hood suppression systems, combustible or toxic gas detectors, and all system components of the above.
FALSE FIRE ALARM
Any signal activated by an automatic protection device, any audible alarm, or any kind of direct or indirect signal which results in the subsequent dispatch by Bucks County 911 of the fire company to the alarm location that is not the result of a fire or other similar emergency. Circumstances caused by weather extremes and/or utility interruptions shall not constitute a false fire alarm under this article.
A. 
A false alarm shall include, but not be limited to, any signal activated directly or indirectly resulting from the maintenance being performed on any system described above or any component of any automatic protection device.
B. 
Single-station or interconnected, hard-wired and battery-operated residential smoke and heat detectors, gas alarms, carbon monoxide alarms, and local/proprietary commercial fire alarm systems which only directly alert the occupants of the premises are specifically exempted from the provisions of this article.
A. 
It shall be unlawful for the property owner, lessee or any person occupying or otherwise on any premises protected by an automatic protection device within Lower Makefield Township to make or cause to be made a false fire alarm, directly or indirectly, to any fire company or emergency services provider responding to alarms within the Township when the false fire alarm is caused by faulty detection or alarm equipment, or by the negligence of said property owner, lessee or person.
B. 
Fire alarms which are activated inadvertently, accidentally and/or as the result of work on or around the automatic protection device shall not be exempt from the enforcement provisions of this article.
A. 
The status of an alarm is to be determined by the fire company officer in charge at the time of the alarm and response or Fire Marshal.
B. 
Service fees for commercial and residential false fire alarms shall be assessed from the adopted Township fee schedule in accordance with the following tiers:
(1) 
First and second false fire alarm in any one calendar year for both commercial and residential properties shall be subject to a written warning from the Fire Marshal, detailing the dates, times, and extent of the alarm. The written warning shall also explain this article and the fines that could occur if failure to properly maintain the automatic protection device or take such other appropriate action to prevent successive false fire alarms.
(2) 
Third false fire alarm in any one calendar year shall be subject to a service fee and/or legal action by the Township.
(3) 
Fourth false fire alarm in any one calendar year shall be subject to a service fee greater than the third false fire alarm fee and/or legal action by the Township.
(4) 
Fifth and subsequent false fire alarms in any one calendar year shall be subject to a service fee greater than the fourth false fire alarm fee and/or legal action by the Township.
A. 
In the event a violation of this article occurs, in addition to such other remedies as may be available under existing law, the Township may institute an action in equity to prevent, restrain, correct, abate, or rejoin such violation.
B. 
Any person, whether as principal or agent, who violates this article or assists or abets its violations shall, upon conviction thereof before any Magistrate, be sentenced to pay a fine of not less than $100, nor more than $500, together with the costs of prosecution or other court of competent jurisdiction.
C. 
For the purposes of this article, the responsibility for the activation shall rest with the property owner of the premises from which the false fire alarm originated.
The officers of the fire company and/or agency agree that in support of enforcement of the provisions of this article, they will agree to appear in court as necessary, provided that reasonable accommodations and/or notice be made to allow for their work schedules.
The provisions of this article are declared to be severable. If any provision of this article is declared by a court of competent jurisdiction to be invalid or unconstitutional, such determination shall have no effect on the remaining provisions of this article or on the provisions of the Code of Ordinances of Lower Makefield Township.