[Adopted 5-3-1989 by Ord. No. 148; amended in its entirety 8-3-2011 by Ord. No. 300]
 
This Part shall be known as the "Upper Makefield False Alarm Ordinance."
The purpose of this Part is to regulate and control burglar, panic, holdup, fire and other alarm businesses, systems and users. The health, public safety and welfare of the Township of Upper Makefield are placed in jeopardy due to the high number of false alarms that require both manpower and emergency equipment to be unnecessarily utilized. Thus, a need exists to enact reasonable rules and regulations to control and limit the occurrence of false alarms.
A. 
As used in this Part, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
ACCIDENTAL FALSE ALARM
Any false alarm which is not an intentional false alarm as defined herein, or, not when an intrusion, crime, fire or other emergency has actually occurred.
ALARM
A communication to the Police Department indicating that a crime, fire or other emergency situation warranting immediate action by the Police Department has occurred or is occurring.
ALARM DEVICE
A mechanical device designed to automatically transmit an alarm by wire, telephone, radio or other means directly to a person or security company that is instructed to notify the Police Department of the alarm, or to activate a bell or sounding device to be heard outside a building which is intended to alert the police or others to the existence of a crime, fire or other emergency situation warranting police action.
FALSE ALARM
An alarm to which the Police Department responds resulting from the activation of an alarm device when a crime, fire or other emergency warranting immediate action by the Police Department has not in fact occurred.
INTENTIONAL FALSE ALARM
A false alarm resulting from the intentional activation of an alarm device by an individual under circumstances where that individual has no reasonable basis to believe that a crime, fire or other emergency warranting immediate action by the Police Department has occurred or is occurring.
PERSON
An individual, corporation, partnership, incorporated association or other similar entity.
B. 
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for a property owner, lessee of property or a person otherwise occupying a premises within the Township to put an alarm device into operation on his premises or to allow an alarm device to be put into operation on his premises without first registering the alarm with the Police Department.
B. 
In order to register an alarm, a person must submit an application to the Police Department with the following information:
(1) 
Name of user/subscriber.
(2) 
Home and business addresses and the telephone number of each for each user/subscriber.
(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 premises at which the alarm device is located.
(5) 
Name, address, telephone number of alarm equipment supplier and person responsible for maintenance and repair of the alarm device.
(6) 
If the device is to be leased or rented from, or is to be serviced 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 must be stated in the application. In addition, each person registering an alarm device shall submit a signed statement in the following form:
"I (We), the undersigned applicant(s) for an alarm device permit, intending to be legally bound hereby, agree with the Township that neither I (We), nor anyone claiming by, through or under me (us), shall make any claim against the Township, its officials or agents, for any damages 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 of the Township in order to answer an alarm from said alarm device at a time when said premises are or appear to be unattended or when in the discretion of said employees the circumstances appear to warrant a forced entry."
(7) 
The Police Department shall furnish forms upon which any person required to register their alarm shall complete.
C. 
It shall be unlawful for a person to operate an alarm device on his premises without first registering it with the Upper Makefield Township Police Department.
A. 
An alarm device need not contain a delay service which causes a delay to occur between the time the alarm device receives a triggering stimulus and the time the alarm device transmits an alarm.
B. 
If an alarm device is designed to cause a 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 30 minutes of operation. Preexisting units must be modified for a thirty-minute device unless said unit cannot be modified without replacement.
C. 
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, and shall be permitted under this Part if in conformity thereto. An alarm device which does not meet any of the above standards or for which there is no recognized industry standard shall require the applicant for a permit to submit evidence of the reliability or suitability of the alarm device.
D. 
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 noise adjacent to the premises, or other forces unrelated to genuine alarm situations.
E. 
The alarm device must be maintained by the property owner in good repair to assure reliability of operation.
[Amended 1-17-2023 by Ord. No. 329]
A. 
Intentional false alarms. No person shall create an intentional false alarm.
B. 
Accidental false alarms. Any subscriber/user who has failed to register their alarm in accordance with § 13-104 and who causes an accidental false alarm for any reason shall pay to the Township a charge for each and every false alarm in accordance § 13-109 of this Part.
C. 
A false alarm charge shall be due and payable at the office of the Police Department 30 days from the date of the accidental false alarm.
D. 
Failure of a person to pay a false alarm charge on or before the date due shall constitute a violation of this Part and subject said person to the penalties set forth in § 13-112 of this Part.
The registration of an alarm system shall not constitute acceptance by the Township of any liability to maintain any equipment, to answer alarms, nor otherwise render the Township liable to any person for any loss or damage relating to the alarm system or procedure.
Administration and enforcement of this Part shall be the function of the Township and shall include the following:
A. 
Authority to order the disconnection of an alarm device until such device is made to comply with operational standards set forth herein, but only when evidence of failure to comply with said standards imposes a burden upon the Township as a result of false alarms.
B. 
Authority, at reasonable time and upon written notice, to enter upon any premises within the Township to inspect the installation and operation of an alarm device.
[Amended 1-17-2023 by Ord. No. 329]
Each subscriber/user who has registered with the Chief of Police as provided in § 13-104 of this Part shall not be subjected to any false or accidental activation of alarms where police or firefighters respond throughout the calendar year; however:
A. 
For each subscriber/user who has not registered by March 31 of each year will be subjected to a fine $50 for each accidental false alarm activation until the registration fee of $100 is received by the Chief of Police.
B. 
Charges for false alarms as set forth in the paragraphs may be revised from time to time by separate resolution of the Board of Supervisors.
A. 
It shall be unlawful for any person operating an alarm business to represent to any customer, user or subscriber that the Upper Makefield Township Police Department endorses, recommends or otherwise approves of his service or equipment. It shall be unlawful to represent that the Police Department furnished the name, address or other information to said alarm business or agent.
B. 
It shall be unlawful to conduct a test or demonstration of any equipment already installed or being installed without notification to the Police Department. No notice is required unless the alarm or signal may cause the response of the Police or the Fire Department.
All users and subscribers shall pay an annual registration fee as established from time to time by separate resolution of the Board of Supervisors.
Any person, firm or corporation who shall violate any provision of this Part, 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.