[Ord. 218, 3/18/2002, § 1]
For purposes of this chapter, the following terms are defined
as follows:
A communication indicating or warning that a crime, fire
or other emergency situation warranting immediate action by the Township
Police or local fire companies has occurred or is occurring.
A privately owned and operated electronic, electrical, mechanical
or similar device designed to transmit an alarm by wire, telephone,
radio, audible signal (bell, siren or buzzer) or other means to the
Township Police, Fire Department or any person or firm who or which
is instructed to notify the Township Police or Fire Department or
any person who is within the sound transmission distance limits of
such an audible signal.
A device which is interconnected to a telephone line and
preprogrammed to transmit the coded signal of an alarm to a dedicated
telephone trunk line or to dial a predetermined telephone number to
an alarm to a public safety agency.
A telephone line or lines which serve a public safety agency
which is dedicated to receiving transmissions from an automatic dialing
device.
An alarm (excluding those operated by internal alarm devices)
to which the Township Police or local fire companies respond, resulting
from the activation of an alarm device when it appears that a crime,
fire or other emergency warranting immediate action by the Township
Police or local fire companies has not occurred at the premises where
the alarm was transmitted.
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where the individual
had no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the Township Police or local fire companies
has occurred or was occurring.
A person to whom the alarm device permit has been issued.
An individual, corporation, partnership, incorporated association
or other similar entity.
The Township Police or any fire department serving the Township.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
[Ord. 218, 3/18/2002, § 2; as amended by Ord. 269,
8/20/2007, § 1]
(a)
It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises in the Township to attach
or use an alarm device on his or its premises or to allow an alarm
device to be attached or used on his or its premises without first
obtaining an alarm device permit from the Township Police Department.
(b)
In order to apply for an alarm device permit, a person shall submit
a written application to the Township Police Department stating the
following:
(1)
His or its name;
(2)
His or its home and business addresses and the telephone number
of each;
(3)
The location at which the alarm device will be installed and
operated;
(4)
The names, addresses and telephone numbers of at least two individuals
who have keys to the premises at which the alarm device is located
and who are authorized to enter the premises at any time, but who
do not reside at the location of the alarm device;
(5)
A complete description of the alarm device, including a copy
of the operating instructions, and all relevant facts concerning the
design and layout of the premises to be protected by the alarm device;
(6)
If the alarm device is to be leased or rented from, or is to
be served pursuant to a service agreement by, a person other than
the person making application for an alarm device permit, the name,
address and telephone number of that person shall be provided on the
application for an alarm device permit. In addition, each person submitting
an application for an alarm device permit shall submit a signed statement
in the following form:
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"I(We) the undersigned Applicant(s), for an alarm device permit,
INTENDING TO BE LEGALLY BOUND HEREBY, state that neither I(we), nor
anyone claiming by, through or under me(us), shall make any claim
against the Township of Lower Heidelberg or against a public safety
agency for any damage caused to the premises at which the alarm device,
which is the subject of this application, is or will be located, if
such damage is caused by a forced entry to said premises by employees,
members or representatives of the Township or a public safety agency
in order to answer an alarm from said alarm device at a time when
said premises is or appears to be unattended or when at the discretion
of said employees, members or representatives, circumstances appear
to warrant a forced entry.
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Further, I(We) hereby agree that I(we) will inform the Township
police department in writing of any change in the information contained
in this application as soon as practicable."
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The Township Police Department shall furnish forms upon which
any person wishing to apply for an alarm device permit may submit
his or its application.
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(c)
A person applying for an alarm device permit shall submit a fee of
$10 along with his or its application, to cover the cost of issuing
the permit.
(d)
The Township Police Department shall, within 10 weekdays from receipt
of an application for a burglar alarm device permit, either grant
an alarm device permit to the applicant or notify the applicant in
writing that his or its application has been denied and the reason
or reasons why it has been denied.
(e)
The Township Police Department shall, within 10 weekdays from receipt
of an application for an alarm device permit, either grant an alarm
device permit to the applicant or notify the applicant in writing
that his or its application has been denied and the reason or reasons
why it has been denied.
(f)
An application for an alarm device permit may only be denied for
the following reasons:
(1)
The application submitted by the applicant contains a statement
of material fact which is false.
(2)
The application submitted by the applicant does not conform
with Subsection (b) or (c) of this Section.
(3)
The applicant's alarm device does not conform with the
operational standards set forth in Section 103 of this chapter.
(g)
The Township Police Department shall have the power to revoke or
suspend an alarm device permit. An alarm device permit shall be revoked
or suspended by notifying the permit holder in writing that his or
its alarm device permit has been revoked or suspended and the reason
or reasons why it has been revoked or suspended. Said written notice
shall be:
(h)
An alarm device permit may only be revoked or suspended for the following
reasons:
(1)
The alarm device application submitted by the permit holder
contains a statement of material fact which is false.
(2)
Failure of an alarm device to conform with the operational standards
set forth in Section 103 of this chapter.
(3)
Failure of a permit holder to pay a fine imposed to him under
the provisions of Section 106 of this chapter within 30 days of imposition
thereof.
(4)
The occurrence of more than four false alarms from an alarm
device during any consecutive twelve-month period.
(5)
The occurrence of an intentional false alarm caused by the permit
holder or by an individual over the age of 15 years who resides on
the premises where the alarm device is located.
(i)
A person who has had his alarm device permit revoked or suspended under Subsection (f) or (g) of this section may reapply for an alarm device permit 45 days after the effective date of such revocation or suspension; provided, however, that if a person's alarm device permit was revoked or suspended for nonpayment of a fine, the Township Police Department shall deny said application unless such fine and any costs required to be paid in connection with said fine has been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked or suspended on the basis of an occurrence of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation or suspension.
[Ord. 218, 3/18/2002, § 2]
(a)
If an alarm device is designed to transmit a recorded message, the
duration of such recorded message shall not exceed 15 seconds. The
contents of said message shall be intelligible and in a format approved
by the public safety agency.
(b)
Except in the case of fire, smoke and personal safety alarm devices,
an alarm device shall be designed so that a 30 second delay occurs
between the time the alarm device receives a triggering stimulus and
the time the alarm device transmits an alarm.
(c)
If an alarm device is designed to cause an exterior bell, siren or
sound-making device to be activated on or near the premises on which
the alarm device is installed at the time it gives an alarm, said
alarm device shall be designed to deactivate the bell, siren or other
sound-making device after 20 minutes of operation.
(d)
At the time of installation all alarm devices shall meet the applicable
standards of the Underwriters Laboratories and/or the National Fire
Protection Association and/or other recognized industry standards.
The applicant for a permit may be required to submit evidence of the
reliability and suitability of the alarm device.
(e)
The sensory mechanism used in connection with an alarm device must
be adjusted to suppress false indications of fire or intrusion, so
that the alarm device will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises
such as the rattling or vibrating of doors or windows, vehicular noises
adjacent to the premises, or other forces unrelated to genuine alarm
situations.
(f)
The alarm device must be maintained by the owner or lessee in good
repair to assure reliability of operation, and to fail to do so is
unlawful and shall constitute violation of this chapter, subject to
the penalties set forth herein.
(g)
The Township Chief of Police or his designee shall, periodically
and upon five days' written notice, have the authority to enter
the premises at which an alarm device is located at reasonable times
for the purpose of inspecting the alarm device installation in order
to determine whether or not it is in accordance with the operational
standards set forth in this section. Said representative may require
the repairs be made whenever he has determined that such are necessary
to assure proper operation.
[Ord. 218, 3/18/2002, § 2]
Any person who installs alarm devices in the Township shall
be licensed to perform services as an electrical contractor in the
Township.
[Ord. 218, 3/18/2002, § 2]
It shall be unlawful to cause an intentional false alarm and
to do so shall constitute a violation of this chapter subject to the
penalties set forth herein.
[Ord. 218, 3/18/2002, § 2; as amended by Ord. 269,
8/20/2007]
(a)
The owner of an alarm device shall pay to the Township a charge for
each false alarm emanating from said owner's alarm device as
follows:
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The owner of an alarm device shall pay to the Township a charge
for each false alarm emanating from said owner's alarm device.
This charge shall be determined by the Township's Chief of Police
and shall not exceed $300 for each false alarm.
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(b)
When a false alarm occurs, the Township Police Chief, within 10 days
from the date of each false alarm, shall notify the owner or lessee
of the alarm device from which the false alarm emanated that a false
alarm charge is due and the amount thereof, if any. Such notice shall
be in writing and mailed to the owner or lessee at his last known
address by regular mail, postage prepaid. Failure of the Township
Police Chief to mail notice of assessment of a false alarm charge
within 10 days from the occurrence of a false alarm shall preclude
Township from assessing a false alarm charge for said false alarm.
(c)
A false alarm charge shall be due and payable at the office of the
Township Police Department 30 days from the date of the mailing of
the notice of assessment of the false alarm charge.
(d)
Failure of an owner or lessee to pay a false alarm charge on or before
the due date shall constitute a violation of this chapter, subject
to the penalties set forth herein.
[Ord. 218, 3/18/2002, § 2]
The issuance of any permit shall not constitute acceptance by
Township of any liability to maintain any equipment, to answer alarms
or for anything in connection therewith. A public safety agency shall
not be responsible for any costs of the installation and maintenance
of any dedicated telephone line or equipment associated with the alarm
termination.
[Ord. 218, 3/18/2002, § 2]
Whenever under the provisions of this chapter, the Township
Police Department is empowered to make a decision with respect to
the installation, operation or maintenance of any alarm device, or
with respect to the denial or revocation of any permit relating thereto,
any applicant for a permit or permit holder aggrieved by said decision
may, within 10 days following said decision, file a written appeal
therefrom with the Township Board of Supervisors, whereupon the Township
Board of Supervisors shall promptly conduct a hearing and affirm,
modify or reverse the decision appealed from. The decision of the
Township Board of Supervisors shall be final.
[Ord. 218, 3/18/2002, § 2]
(a)
Any person who violates Section 106 of this chapter commits a summary
offense and shall, upon conviction, be sentenced to pay a fine of
not more than $600, plus costs, for each offense.
(b)
Any person who has committed an unlawful act under any other section
of this chapter shall, upon conviction, be subject to a fine of not
more than $600, plus costs, for each offense.
[Ord. 218, 3/18/2002, § 2]
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors of the Township of Lower Heidelberg that this
chapter would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herein.
