[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 3-28-1978 by Ord. No. 78-2 (Ch. 13, Part 3, of the
1992 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middletown
Township Ordinance Regulating Burglar and Holdup Alarm Businesses,
Systems and Users."
[Amended 12-1-1992 by Ord. No. 92-13; 3-7-1995 by Ord. No. 95-07]
A.
The following definitions shall apply in the interpretation
and enforcement of this chapter.
B.
The purpose of this chapter is to provide minimum standards
and regulations applicable to burglar and holdup alarm systems, alarm
businesses, alarm agents and alarm users as defined in this chapter.
C.
ALARM AGENT
ALARM BUSINESS
ALARM SYSTEM
ALARM USER
ANNUNCIATOR
ANSI
ANSWERING SERVICE
AUTOMATIC DIALING DEVICE
AUTOMATIC HOLDUP ALARM SYSTEM
BURGLAR ALARM SYSTEM
CENTRAL STATION
CENTRAL STATION EQUIPMENT
CENTRAL STATION SYSTEM
CONTINUAL ACCIDENTAL ACTIVATION
DIRECT CONNECT
DIRECT LINE
FALSE ALARM
HOLDUP ALARM SYSTEM
INTERCONNECT
LOCAL ALARM SYSTEM
MANUAL HOLDUP ALARM SYSTEM
MISUSE
MODIFIED CENTRAL STATION
PERSON
POLICE CHIEF
POLICE or POLICE DEPARTMENT
PRIMARY TRUNKLINE
PROPRIETARY SYSTEM
REMOTE SIGNALING SYSTEM
SIGNAL LINE
SUBSCRIBER
TELEPHONE COMPANY
TOWNSHIP
UL
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
The word "shall" is always mandatory and not merely directory.
Any person employed by an alarm business whose duties include
the altering, installing, maintaining, moving, repairing, replacing,
selling, servicing, responding to, or causing others to respond to
an alarm device. No construction personnel not in the employ of an
alarm business may be involved under contracts or subcontracts in
the use or installation of alarm systems. Such persons are not required
to obtain identification cards as alarm agents or obtain licenses
as alarm businesses.
Any business operated by a person for a profit which engages
in the activity of altering, installing, leasing, maintaining, repairing,
replacing, selling, servicing or responding to a burglar or holdup
alarm system, or which causes any of these activities to take place.
An assembly of equipment and devices or a single device such
as a solid state unit, which is electrically powered, arranged to
signal the presence of a physical force or condition inherently characteristic
of a hazard requiring urgent attention and to which the Police Department
is expected to respond. In this chapter, the term "alarm system" shall
include the terms "automatic holdup alarm system," "burglar alarm
systems," "holdup alarm systems," as those terms are hereinafter defined.
Fire alarm systems and alarm systems which monitor temperature, humidity
or any other condition not directly related to the detection of an
unauthorized intrusion into a premises or an attempted robbery at
a premises are specifically excluded from the provisions of this chapter.
The Police Department response to an alarm is initiated through a
direct-connect alarm signal in an annunciator panel located in the
communications center of the Police Department or upon notification
by a central station, modified central system, or answering service
over regular telephone line by direct or indirect connection to the
Police Department Communications Room.
Any person on whose premises an alarm system is maintained
with the Township, except for alarm systems on motor vehicles or proprietary
systems. Also excluded from this definition and from the coverage
of this chapter are persons who use alarm systems to alert or signal
persons within the premises in which the alarm system is located of
an attempted unauthorized intrusion or holdup attempt. If such a system,
however, employs an audible signal emitting sounds or a flashing light
or beacon designed to signal persons outside the premises, such systems
shall be within the definition of "alarm system" and shall be subject
to this chapter.
The instrumentation on an alarm console at the receiving
terminal of a signal line which, through both visual and audible signals,
shows when an alarm device at a particular location has been activated,
or it may also indicate line trouble.
The American National Standards Institute.
Refers to a telephone answering service providing among its
services the service of receiving on a continuous basis through trained
employees emergency signals from alarm systems and thereafter immediately
relaying the message by live voice to the communications center of
the Police Department.
Refers to an alarm system which automatically sends over
regular telephone lines a prerecorded voice message or signal indicating
the existence of the emergency situation that the alarm system is
designed to detect. An automatic dialing device may only be interconnected
to a telephone line transmitting to a central station, modified central
system or an answering service.
An alarm system in which the signal transmission is initiated
by the action of the robber.
An alarm system signaling an entry or attempted entry into
the area protected by the system.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits, and
where guards are maintained continuously to investigate signals.
The signal-receiving, -recording or -retransmitting equipment
installed in the central station.
A system in which the operation of electrical protection
circuits and devices are signaled automatically to, recorded in, maintained
and supervised from a central station having trained operators and
guards in attendance at all times.
A false alarm which occurs more than one time during a continuous
thirty-day period.
An alarm system which has the capability of transmitting
system signals to and receiving them at the police communications
center through an annunciator panel.
A nonlisted telephone line leading directly from a central
station to the communications center of the Police Department that
is for use only to report emergency signals on a person-to-person
basis.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, failure, interruption or fluctuation
of primary power source, or the negligence of the owner or lessee
of an alarm system or of his employees or agents. Such terminology
does not include, for example, alarms caused by hurricanes, tornadoes,
earthquakes or other violent conditions.
An alarm system signaling a robbery or attempted robbery.
To connect an alarm system to a voice-grade telephone line,
either directly or through a mechanical device that utilizes a standard
telephone, for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
A signaling system which when activated causes an audible
and/or visual signaling device to be activated in or on the premises
within which the system is installed.
An alarm system in which the signal transmission is initiated
by the direct action of the person attacked or by an observer of the
attack.
The willful activation of an alarm system for any reason
other than providing notification of a crime.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Chief of the Police Department of the Township of Middletown,
or his designated representative.
The publicly supported Police Department of the Township
of Middletown.
A telephone line leading directly into the communications
center of the Police Department that is for the purpose of handling
emergency calls on a person-to-person basis, and which is identified
as such by a specific number included among the emergency numbers
listed in the telephone directory issued by the telephone company
and covering the service area within the Police Department's
jurisdiction.
An alarm system sounding and/or recording alarms and supervisory
signals at a control center located within the protected premises,
the control center being under the supervision of the proprietor of
the protected premises. If a proprietary system includes a signal
line connected directly to a police communications center, a central
station, modified central station or answering service, it thereby
becomes an alarm system as defined in this chapter.
An alarm-signaling system which, when activated by an alarm
device, transmits a signal from an alarm-signaling device to a central
location other than the Police Department, where appropriate action
is taken to investigate and respond to the signal.
The transmission line through which the signal passes from
one of the elements of the signal transmission to another.
A person who buys and/or leases or otherwise obtains an alarm-signaling
system and thereafter contracts with or hires an alarm business to
monitor and/or service the alarm device.
The utility that furnishes telephone services to the Township
of Middletown.
The Township of Middletown.
Underwriters' Laboratories.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Any person engaging in an alarm business in the Township shall,
within 30 days after the effective date of this chapter, apply to
the Chief of Police for a license to operate on a form to be furnished
by the Chief of Police. Businesses which sell only those alarm systems
excluded from the definition of alarm systems in § 133-102
of this chapter are not required to obtain a license under this section.
Such application shall be signed by the individual proprietor of such
business, or by a partner, or by the proper corporate official, as
is appropriate for the form of the business seeking the license, and
shall include:
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
(1)
The name, address and telephone number of the alarm business,
and the type of business organization it is (individual, partnership
or corporation). If the business is an individual proprietorship,
the name, address and telephone number of the owner; if a partnership,
the name, address and telephone number of each partner (general, limited,
silent, etc.); if a corporation, the names and addresses of the directors,
principal officers and any stockholders holding more than 20% of the
corporation's authorized and issued stock and the state where
incorporated.
(2)
Certification that within 90 days after the effective date of
this chapter or upon receipt of notice of approval of a license application,
whichever date occurs later, the alarm business shall maintain a description
of the alarm systems and devices offered for sale or lease to the
public and a description of any services related to alarm devices
offered to the public.
(3)
Certification that within 90 days after the effective date of
this chapter or upon receipt of notice of approval of a license application,
whichever date occurs later, a complete list of the names and addresses
and telephone numbers of all persons in the Township to whom or for
whom alarm systems have been sold and who are currently under contract
to the alarm business for services on or after the effective date
of this chapter shall be furnished the Chief of Police. The following
information shall also be furnished to the Chief of Police:
(a)
The name, address and telephone number of a central station
protective system or any other person or firm who is authorized to
respond to an emergency and gain access to the address where the alarm
device is installed.
(b)
By the fifth working day of each month following the submission
of the initial list, every alarm business engaging in business in
the Township of Middletown shall furnish the Chief of Police with
a supplemental list of any additional installation along with any
corrections to or deletions from lists previously furnished. All information
furnished pursuant to these sections shall be kept confidential and
shall be for the use of the Police Department only.
(4)
A complete list of criminal convictions, if any, except for
minor traffic offenses, of the applicant or a list of criminal convictions,
if any, except for minor traffic offenses, of each partner, officer
or local office manager, if the applicant is other than an individual.
B.
License applications shall be accompanied by a nonrefundable
fee, as established from time to time by resolution of the Board of
Supervisors, to cover the costs to the Township of processing the
application and investigating the applicant. The license, when issued,
must be renewed annually by March 15 of each subsequent year. The
renewal fee for the license, when renewed, will also be established
by resolution of the Board.
C.
Applicants already doing business in the Township on the effective
date of this chapter 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 chapter shall
not commence doing business until his application is approved.
D.
If an alarm business is operating or intends to operate a central
station, a modified central station, or a telephone answering service,
the license application shall so specify.
[Amended 12-1-1992 by Ord. No. 92-13; 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
A.
The Chief of Police 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 Chief of Police 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 that, upon the presentation of the approved
application to the Township Treasurer or his designated representative
and the payment of the required fee, the applicant will be issued
a license to operate.
(2)
In the case of denial, notify the applicant, in writing, of
the denial and of the basis for the denial, which may be nonconformance
with any part of this chapter. If the basis for the denial can be
corrected, the writing shall so state and shall explain how these
corrections may be made and set a reasonable time limit for making
such corrections. 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 as follows:
(a)
Within 10 days after receipt of the notice of denial, the applicant
shall file a notice of appeal with the Township Manager, addressed
to the Municipal Building, and stating the basis of the appeal.
(b)
Within 10 days after receipt of the notice of appeal, the Township
Manager or his designated representative shall arrange for a conference
with the applicant and the Chief of Police 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 Board of Supervisors. Such hearing shall be held within
20 days after the conference. The Township Manager shall cause the
applicant to be given notice of the hearing by certified mail at least
seven days in advance of the date of the hearing. Notice of such hearing
shall also be posted as part of the Board of Supervisors' agenda
for that meeting. The applicant may appear before the Board of Supervisors,
and the applicant or his designated representative may make an oral
presentation of his appeal, or he may make the appeal through a written
statement, or he may do both. The Board of Supervisors shall rule
on the appeal within seven days after it is heard, and such ruling
shall be final.
A.
In addition to any penalties which may be imposed for the violation
of certain provisions of this chapter, 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 a false statement
made in an application for a license.
(2)
Fraud or willful and knowing misrepresentation or a 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 Chief of Police,
or within a reasonable time if the deficiencies cannot be corrected
within the said 30 days.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
(4)
Failure to comply within a reasonable time with any order or
notice issued by the Chief of Police after the licensee's rights
to hearing and appeal have been exhausted, or failure, after reasonable
notice, to furnish the Chief of Police with any lists which he is
authorized to receive under this chapter, or failure to comply with
the standards imposed by this chapter within a reasonable time, not
less than 30 days, after notice or order from the Chief of Police.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
B.
No alarm business license shall be revoked until a hearing is
held by the Chief of Police. 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.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
C.
At the hearing before the Chief of Police, 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 Chief of Police shall either
dismiss the complaint or shall forward the complaint to the Township
Manager with his recommendation that the license be revoked. Within
10 days after receiving such recommendation, the Township Manager
shall approve or disapprove the recommendation. In either event, the
Township Manager shall cause the holder of the license to be given
notice in writing of his decision within 10 days after making it.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
D.
Any person whose license is revoked pursuant to § 133-105C
of this chapter shall have the right, within 10 days after receiving
notice in writing of the revocation from the Township Manager, of
filing a written appeal with the Board of Supervisors. Such appeal
shall set forth in detail the specific ground or grounds on which
it is based. The Board of Supervisors shall hold a hearing on the
appeal within 30 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.
E.
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, it shall notify all persons for whom it is required
to maintain a list pursuant to § 133-103A(3) of this chapter
of such revocation, and the notice shall advise such persons that
the alarm business must cease providing service for or selling burglar
and holdup 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 requirements
by placing an advertisement in a newspaper or newspapers published
in the geographic areas in which its customers are located, which
advertisement shall be in a form prescribed by the Chief of Police.
Such advertisement should 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 Chief of Police that it has met the requirements of this subsection.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
F.
After notice of revocation has been given, an alarm business
licensee may continue to operate his business until all of his rights
of appeal under this chapter have been exhausted.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
Every alarm agent employed by an alarm business within this
Township shall be required to obtain an identification card from the
Chief of Police. Until the Chief of Police acts upon the application
of an alarm agent for an identification card, an alarm business may
issue a temporary identification card. The owners, managers, corporate
officers and partners of all alarm businesses are also required to
obtain identification cards from the Chief of Police if they directly
engage in selling, installing, servicing, maintaining or responding
to alarm systems within the Township. Any person who is not an alarm
agent who, as an employee of a licensed alarm business, has access
to confidential information of an alarm user or to monitoring radio
equipment must also obtain an identification card. Within 30 days
of the effective date of this chapter, alarm agents and, if required
by this subsection, owners, managers, corporate officers and partners
shall submit applications to the Chief of Police for identification
cards. The application for the identification card shall be on a form
prescribed by the Chief of Police.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
A.
The Chief of Police 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. No identification card shall be issued if:
(1)
The applicant has been convicted of a felony (or a misdemeanor
involving moral turpitude).
(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 if he is issued
an identification card.
B.
If the application is approved, the Chief of Police shall cause
an identification card to be issued to the applicant.
C.
If the application is denied, the Chief of Police 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 as follows:
(1)
The applicant shall have 10 days after receipt of the notice
of denial to file a notice of appeal with the Township Manager or
his designated representative stating the basis for the appeal.
(2)
Within 10 days after receipt of the notice of appeal, the Township
Manager or his designated representative shall either reverse the
decision of the Chief of Police and order an identification card to
be issued or uphold the decision of the Chief of Police and cause
the applicant to be so notified. The ruling of the Township Manager
or his designated representative shall be final.
A.
In addition to any penalties which may be imposed for the violation
of provisions of this chapter, the Township may, pursuant to the provisions
of this section, revoke the identification card of an alarm agent
on any of the following grounds:
(1)
Fraud or willful and knowing misrepresentation or false statement
made in an application for an identification card.
(2)
Fraud or willful and knowing misrepresentation or false statement
made while employed as an alarm agent.
(3)
Conviction of a felony or of a misdemeanor which reflects unfavorably
upon the cardholder's fitness to be an alarm agent.
B.
No identification card shall be revoked until a hearing is held
by the Chief of Police. Written notice of the time and place of the
hearing shall be served on the holder of an identification card 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 identification card.
[Amended 12-8-2009 by Ord. No. 09-04]
C.
At the hearing before the Chief of Police, the holder of the
identification card shall be given an opportunity to confront and
examine any adverse witness and to present evidence in his own behalf.
After the hearing, the Chief of Police shall either dismiss the complaint
or shall forward the complaint to the Township Manager with his recommendation
that an identification card be revoked. Within 10 days after receiving
such recommendation, the Township Manager shall approve or disapprove
the recommendations. In either event, the Township Manager shall cause
the holder of an identification card to be given notice in writing
of his decision within 10 days after making it.
[Amended 12-8-2009 by Ord. No. 09-04]
D.
Any person whose identification card is revoked pursuant to
§ 133-108 of this chapter shall have the right, within 10
days after receiving notice in writing of the revocation from the
Township Manager, of filing a written appeal with the Board of Supervisors.
Such appeal shall set forth in detail the specific ground on which
it is based. The Board of Supervisors shall hold a hearing on the
appeal within 30 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.
E.
After notice of revocation is given, an alarm agent identification
card shall remain in full force and effect, and the holder of an alarm
agent identification card shall be permitted to perform the authorized
functions of a licensed alarm agent until any appeal has been concluded.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
An identification card issued by the Chief of Police shall contain
a recent photograph of the applicant, the date of issue, the applicant's
signature and such other information as the Chief of Police may in
his discretion require. All identification cards shall be consecutively
numbered.
The Police Chief shall promulgate such rules as may be necessary
for the implementation of this chapter and for determination of grounds
for clerical suspension or revocation of any license or permit required
by this chapter. The rules shall be approved by the Township Manager
and the Board of Supervisors and shall be open to inspection by the
public.
A.
No automatic dialing device shall be interconnected to a primary
trunkline after the effective date of this chapter.
B.
Within 90 days after the effective date of this chapter, all
automatic dialing devices interconnected to a primary trunkline shall
be disconnected therefrom. The owner or lessee of such device shall
be responsible for having the device disconnected within the ninety-day
time period.
B.
The relaying of messages by intermediate services to the Police
Department shall be over a primary trunkline, except that central
stations may relay messages over a direct line.
C.
Automatic dialing devices may also be interconnected to one
or more telephone numbers available to the owner or lessee of the
devices or their designated representatives at another location.
A.
Upon the approval of the Chief of Police, alarms from business
premises and financial institutions may be terminated in the Police
Department.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
B.
The Chief of Police shall have the authority to specify the
type of annunciator panel and components to be installed in the Police
Department Communications Center and shall have the authority to request
bids from equipment manufacturers, installers and contractors to design,
manufacture, fabricate and install the annunciator panel and related
equipment. Repair and maintenance service must be supplied by the
bidder receiving the contract on a twenty-four-hour, seven-days-per-week
basis.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
C.
Any subscriber or alarm user who obtains authority from the
Chief of Police to terminate its alarm system in the Police Department
Communications Center may contract with any licensed alarm business
of its choice for the sale, installation, maintenance and/or servicing
of the alarm system to be installed on its premises.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
D.
The alarm subscriber approved for a direct connection to the
Police Department Communications Center or the alarm business contracting
for servicing the subscriber's alarm system shall be responsible
for obtaining the leased telephone line between subscriber's
premises and the alarm-receiving equipment at the Police Department
Communications Center and for furnishing the appropriate equipment,
if required, in order to provide an input signal which is compatible
with the receiving equipment used to operate the annunciator panel.
E.
The communications center is reserved for receipt of alarms
only. Signals indicating malfunctions, including power outages and
short or open circuits, shall not be transmitted to the Police Department.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
After the enactment of this chapter, owners or lessees of local
alarms with audible signaling devices must equip this type of alarm
with a timing mechanism that will disengage the audible alarm after
a maximum period of 15 minutes, unless a longer maximum period is
authorized by the Chief of Police. Audible alarms without such a timing
mechanism shall be unlawful in the Township and must be disconnected
by the owner or lessee within 60 days from the effective date of this
chapter. The failure of an owner or lessee of an unlawful alarm system
to disconnect such system in accordance with the requirements of this
section shall constitute a violation of this chapter.
A.
For the purpose of enforcing the provisions of this chapter,
the Chief of Police shall have the authority, at reasonable times
and upon reasonable oral notice, to enter any premises in the Township
in or upon which alarm systems or alarm businesses subject to this
chapter are located to inspect the installation and/or operation of
such alarm systems or alarm businesses on official police business.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
B.
If such inspection reveals any violations of the provisions
of this chapter, a written report detailing such violations shall
be promptly sent to the Township Manager and to the owner, lessee
or other persons responsible for the alarm system or business in violation
of this chapter. Such report shall require the correction within 30
days after receipt of the notice of the violation discovered and shall
state that a failure to comply may result in the revocation of the
alarm business's license to operate or in the revocation of the
alarm user's permit in accordance with provisions of this chapter
relating to revocation of licenses and permits. The alarm user or
alarm business shall be granted a reasonable extension of time to
correct such violation upon good cause shown.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
No alarm system designed to transmit emergency messages directly
to the Police Department shall be tested or demonstrated without first
obtaining permission from the Chief of Police. Permission is not required
to test or demonstrate alarm devices not transmitting emergency messages
directly to the Police Department unless the messages are to be relayed
to the Police Department.
Alarm businesses shall furnish copies of this chapter at or
prior to the time of contracting and, at their expense, to owners,
lessees or users of the equipment or services to be supplied.
[Amended 3-25-1980 by Ord. No. 80-3; 12-1-1992 by Ord. No. 92-13]
A.
The owner or lessee of an alarm system that is directly connected
to an annunciator panel in the Police Department Communications Room
by a privately leased telephone line shall pay to the Township of
Middletown an installation charge and an annual rental charge, as
established from time to time by resolution of the Board of Supervisors,
payable by January 31 of the current year. The annual rental charge
shall be prorated on the actual months remaining in the year should
the alarm owner or lessee connect into the Police Department Communications
Room annunciator panel after January 31. There will be no refund if
service is terminated by either party.
B.
Alarm system devices connected to a central station, a modified
central station or any answering service from which an emergency message
is relayed by live voice to the Police Department Communications Room
are exempt from an installation and rental charge.
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
[Amended 12-1-1992 by Ord. No. 92-13; 6-23-1998 by Ord. No. 98-08]
A.
Penalties. Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
B.
Costs of prosecution shall be collectible before any Magisterial
District Judge as like fines and penalties are now by law collectible.
Notice of violation shall continue in force and effect until full
compliance with the requirements stated herein, and each and every
failure to comply with such notice within 24 hours after the three
days allowed for compliance shall constitute a separate offense.