[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster 7-12-2010 by Ord. No. 2010-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former
Ch. 86, Alarm Systems, adopted 5-11-1992 by Ord. No. 1992-5.
Certain terms when used in this chapter are defined as follows,
except where the context clearly indicates a different meaning:
Any person who is self-employed in or employed by an alarm
business, either directly or indirectly, whose duties include selling,
maintaining, leasing, servicing, repairing, altering, replacing, moving
or installing on or in any building, structure or facility any alarm
system. 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 in a specific location.
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 alarm agent(s). 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 in a specific location.
Any mechanical or electrically operated instrument composed
of sensory apparatus and related hardware which is designed or used
for the detection of a 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 as set forth in Subsection A hereof.
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 police response is expected
or is a result of the alarm; or
Devices which are designed for and installed upon motorized
vehicles or trailers.
Any person on whose premises an alarm system is maintained
which system is not specifically exempted from regulation under this
chapter. Sanctions imposed by this chapter shall be determined based
upon false alarms occurring per permitted location and not based upon
the total number of permits possessed by an alarm user.
Any mechanical or electrically operated instrument composed
of sensory apparatus and related hardware which is designated or used
for the detection of a fire or an unauthorized 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.
Automatic protection devices include, but are not limited to, audible
alarms, automatic dialing devices, alarms connected directly to communications
centers and proprietor alarms. 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 police response is expected
or is a result of the alarm; or
Devices which are designed for and installed upon motorized
vehicles or trailers; or
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."
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 communications 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 Communication Room of the Lancaster County Police Radio
Network and/or other rooms which house auxiliary communication equipment.
An activation of an automatic protection device (APD) signal,
necessitating a response where an emergency situation does not exist
at a particular permitted location. The term does not include alarms
caused by acts of nature or utility service interruptions.
An alarm system which is attached to the interior or exterior
of a building and which when activated causes an audible and/or visual
warning signal which can be heard and/or seen outside the building
and is designed to attract attention when activated by a fire or an
intrusion or other emergency requiring police 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 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.
A fee charged to a permittee for each and every false alarm
to which the police or fire department responds. Exemption: No fee
shall be charged if:
The Township Manager of Lancaster Township or his designated
representative. Wherever in this chapter duties or responsibilities
are assigned to the Township Manager, he may delegate them to such
person or persons with the Township as he deems necessary and expedient
for the effective administration of this chapter.
A.
Business permit required. 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 in accordance with the provisions of this
chapter.
B.
Alarm agent identification required. No person shall engage in or
conduct business or operate as an alarm agent within the limits of
the Township without carrying and displaying upon request to any police
officer an alarm agent identification card issued by a business in
accordance with the provisions of this chapter.
C.
Alarm user permit required. No person shall install or use an alarm
system without having applied for and having been issued a current
and valid alarm user permit that has not been suspended or revoked
in accordance with the provisions of this chapter, and to display
that permit on the premises where the system is located.
D.
Alarm system installations without permit. No alarm business or alarm
agent shall install any alarm system upon any premises unless and
until an alarm user permit for such alarm system has first been issued
to the alarm user in accordance with the provisions of this chapter.
E.
False alarm fee. No alarm user shall fail to pay when due the response
assessment fee required by this chapter.
F.
Testing prohibited without permission. No person shall conduct any
test or demonstration of any alarm system designed to make direct
connection to the communications center at any time within the limits
of Lancaster Township without first obtaining permission from the
Township Manager. 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 the communications center
by any means.
G.
Intentional false alarm. No person shall intentionally activate an
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.
H.
Automatic dialing device prohibited. No person shall program, interconnect,
use or permit to be used any automatic dialing device that has been
programmed to automatically transmit a request for emergency response
directly to the communications center or any other police department
telephone number.
A.
Applications and fees.
(1)
Applications. Any person engaging in alarm business activities defined
in this chapter within 30 days of the effective date of this section
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 the permit, shall contain such information
as the Township Manager shall by regulation require as necessary to
administer and enforce this chapter and shall be accompanied by the
required fee.
(2)
Applicants shall agree, in writing and as a condition for receiving
and keeping permits, to notify the Township Manager in writing within
10 days of any changes in the application currently on file, i.e.,
ownership, management, or persons to be notified in the event of an
alarm activation.
(3)
Permit fee. An annual fee as listed in the schedule of fees for Lancaster
Township 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.
(4)
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.
B.
Processing of applications.
(1)
Time. Following completion of the application and payment of the
fee, the Township Manager shall have 15 working days to investigate
the applicant, process the application and grant or deny a permit.
(2)
When an application for any permit is approved, the Township Manager
or his designated representative is authorized to sign and issue the
appropriate permit.
(3)
Grounds for denial. Permits to any applicant shall be denied if:
(a)
The applicant does not agree to comply or fails to comply with
the requirements of this chapter and rules and regulations adopted
and orders of the Township Manager issued pursuant to this chapter;
or
(b)
The applicant has knowingly made any false, misleading or fraudulent
statements of material fact in the application or in any report or
record required to be filed with the Township or the Township Manager;
or
(c)
The applicant has had a similar-type permit previously revoked
for good causes within a two-year period preceding the filing of the
application, provided that after two years a permit may be issued
where the applicant can show a material change in the circumstances
since the date of the revocation demonstrating competency and ability
to conduct business in accordance with this chapter; or
(d)
The applicant fails to pay all due or past-due response assessment
fees, fines, costs, or other charges owed, which were related to any
previously issued permit(s).
(4)
Notice of denial. When an application for a permit is denied, the
applicant shall be notified in writing of the denial with the basis
thereof. If the reason(s) for denial is/are correctable, the applicant
shall be so advised with suggestions on how these corrections can
be made and what time limit has been set for making such corrections.
The notice of denial shall inform the applicant that appeals may be
made in the manner outlined in this chapter.
(5)
Applicability. Applicants already doing business in the Township
on the effective date of this section 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 section shall not commence doing business until his application
is approved and a permit received.
C.
Alarm business responsibilities. Alarm businesses shall be required
to:
(1)
Alarm agent ID cards. Issue to all alarm agents connected with or
in the employment of the business identification cards containing
as a minimum:
(2)
Identify existing alarm system. Within 30 days after the effective
date of this section or upon receipt of an alarm business permit,
whichever first occurs, supply the Township Manager 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. Such
list shall be updated on a quarterly basis and shall also be supplied
on an annual basis at the same time as payment of the annual fee for
a permit.
(3)
Investigation of false alarms. At the direction of the Township Manager,
investigate false alarms transmitted from any alarm system they have
installed or presently service where the police have been unable to
determine the cause of a recent false alarm, and thereafter submit
a written report of their findings within 15 days of being directed
to conduct the investigation unless the time to report has been extended
by the Township Manager for good cause shown.
(4)
Statistical data. In addition to any other information that may be
required to be supplied by the provisions of this chapter, the Township
Manager may require an alarm business to furnish him with such statistical
data as may be reasonably available relative to specified periods
of operation.
(5)
Furnish 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.
D.
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 Township
Manager for any of the following reasons:
(1)
The violation of any of the provisions of this chapter; or
(2)
The failure to comply with rules and regulations adopted and orders
of the Township Manager issued pursuant to this chapter; or
(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 Township
Manager.
E.
Suspension or revocation procedure.
(1)
Notice. Prior to the suspension or revocation of an alarm business
permit becoming effective, the Township Manager shall notify the permittee
in writing of the suspension or revocation, the reasons therefor,
the right to a hearing before the Township Manager if desired, and
that unless a request for a hearing before the Township Manager is
filed in writing within five days of the date of the notice of suspension
or revocation, that the 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, it shall be conducted by the
Township Manager or his designee within 15 days of the request and
shall be conducted in accordance with the Local Agency Law.[1] If following the hearing the suspension or revocation
is upheld, the reasons therefore 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
or revocation becoming effective and not subject to further stay except
upon order of court.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
A.
Discontinue automatic dialing devices. Within 90 days after the effective
date of this section, all automatic dialing devices that have been
programmed to automatically transmit a request for emergency response
directly to the communications center or any other police telephone
number shall be disconnected.
B.
Local alarm systems. Local alarm systems shall be equipped with a
timing mechanism that shall disengage the audible and/or visual alarm
after a maximum period of 15 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 section.
C.
Inspections. Every premises upon which an alarm system is installed
shall be subject to inspection at reasonable times by authorized personnel
of the Township or its designated representatives, such inspection
to be limited to such areas as are necessary to inspect the installation
and operation of the alarm system.
A.
Permit required. Any alarm user or any person desiring to use an
alarm system who does not already have a permit shall, within 60 days
of the effective date of this chapter, file an application for an
alarm user permit for each system in use with the Township Manager;
thereafter no person shall install or use an alarm system without
having applied for and having been issued a current and valid alarm
user permit that has not been suspended or revoked. A separate permit
shall be required for each protected location.
B.
Applications and annual fee.
(1)
Required information. The alarm user permit application shall, in
addition to such information as is required by the Township Manager
to administer and enforce this chapter, contain the following information:
(a)
Applicant's name, address and telephone number;
(b)
The address of the residence or business in or upon which the
alarm system has been or shall be installed;
(c)
Type of alarm system installed or to be installed and name of
the primary manufacturer of the system or its major components;
(d)
The name, address and alarm business permit number of the alarm
business, seller, installer and/or alarm business who shall service
or monitor the alarm system; and
(e)
The names, addresses and telephone numbers of at least two persons,
three in the case of corporations, who are authorized to respond to
an emergency and gain access to the premises where the alarm system
is installed.
(2)
Permit fee. An annual fee as listed in the schedule of fees for Lancaster
Township 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.
(3)
Expiration date. An alarm user permit shall automatically terminate
and expire on March 31 next following issuance of the permit but shall
be automatically renewed upon payment of the annual permit fee if
received prior to or on the expiration date.
(4)
Exemption from fees. The following persons are exempt from fees:
(a)
Residential alarm users who are over the age of 65 and are the
primary residents of the residence; and where no business is conducted
in said residence.
(b)
The United States government, the Commonwealth of Pennsylvania,
counties, municipal corporations, departments thereof and other governmental
entities are exempt by the fees required in this chapter.
C.
Processing of applications. Following completion of the application
and payment of the required fee, the Township Manager shall have 15
working days to investigate the applicant, process the application
and to grant or deny a permit.
D.
Denial of permits.
(1)
Grounds for denial. Alarm user permits to any applicant shall be
denied if:
(a)
The applicant does not agree to comply or fails to comply with
the requirements of this chapter and rules and regulations adopted
pursuant to it; or
(b)
The applicant has knowingly made any false misleading or fraudulent
statements of a material fact in the application or in any report
or record required to be filed under this chapter; or
(c)
The applicant has had a similar-type permit previously revoked
for good cause in the past, unless the applicant can show a material
change in the circumstance since the date of revocation through acceptable
conduct under a special interim permit.
(2)
Notice of denial. When an application for a permit is denied, the
applicant shall be notified in writing of the denial with the basis
thereof. If the reason(s) for denial is/are correctable, the applicant
shall be so advised with suggestions on how these corrections can
be made and what time limit has been set for making such corrections.
The notice of denial shall inform the applicant that appeals may be
made in the manner outlined in this chapter.
E.
Display of permit. An 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 upon request.
F.
Maintain current information. Applicants for alarm user permits shall
agree in writing, as a condition for receiving and keeping permits,
to notify the Township Manager in writing within 10 days of any changes
in the application currently on file, i.e., ownership, management,
or persons to be notified in the event of alarm activation.
A.
Time and manner; appeal fee. Within five days after denial of an
application for or renewal of any permit by the Township Manager,
or action by the Township Manager suspending or revoking a permit,
any person so affected may appeal such action to the Board of Supervisors
by filing a notice of appeal in writing with the Township Manager
setting forth the specific grounds upon which the appeal is based
together with an appeal fee as listed in the schedule of fees for
Lancaster Township.
B.
Hearing and decision. Upon the filing of an appeal, the Township
Manager shall set a time and place for hearing before the Board and
shall notify the appellant thereof. The hearing shall be set to coincide
with a regularly scheduled Board of Supervisors meeting. The hearing
shall be conducted in accordance with the requirements of the Local
Agency Law.[1] The appellant and any other interested party shall be
given a reasonable opportunity to be heard in order to show cause
why the determination of the Township Manager should not be upheld.
In all cases, the burden of proof shall be upon the appellant to show
that there was no substantial evidence to support the decision of
the Township Manager. The decision of the Board shall be in writing
and shall state the reasons therefor.
[1]
Editor's Note: See ` Pa.C.S.A. § 105.
C.
Appeal not a stay. The filing of an appeal hereunder shall not operate
to stay the Action or decision of the Township Manager which is the
subject of the appeal.
The Township Manager may promulgate such regulations as are
necessary for the administration and enforcement of this chapter.
Before becoming effective, any such regulations shall be approved
by resolution of the Board of Supervisors.
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.
This chapter shall be enforced by the Bureau of Police acting
through the Township Manager or his designated representative.
A written notice advising of said false alarm and indicating
an appropriate response assessment fee due shall be issued in the
name of and served upon the permittee or any other connected with
the alarm system.
Any person violating any provision of this chapter or of the
regulations promulgated hereunder shall, upon conviction thereof in
a summary proceeding, be sentenced to pay a fine of not less than
$50 and not more than $600 and costs for each and every offense and,
in default of payment, to imprisonment for not more than 30 days.
Each day during which any person violates any provision of this chapter
shall constitute a separate offense. The payment of any fees required
in the chapter shall not be a bar against prosecution for any violation
of the chapter. In addition to the foregoing penalty, the Township
may seek injunctive or other equitable relief and exercise such other
rights as may exist at law or equity.
