[Ord. 402, 8/11/1993; as added by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Alarm Ordinance."
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
For purposes of this Part, the following terms shall have the
meanings indicated below, unless a different meaning clearly appears
from the context:
A communication indicating that a crime, fire or other emergency
situation warranting immediate action has occurred or is occurring.
Any device designed for the detection of an unauthorized
entry on the premises, its commission or occurrence and, when actuated,
gives a signal, either visual, audible or both, or transmits or causes
to be transmitted a signal, except residential, in-house fire alarms.
An alarm console or control panel installed in the Police
Department or Fire Company for the purpose of giving direct visual
or audio response from an alarm device.
Any alarm signal that alerts any person which is not the
result of an actual threatened emergency requiring a response. False
alarms include negligently or accidentally activated signals, signals
which are the result of faulty, malfunctioning or improperly installed
or maintained equipment, signals which are purposely activated to
summon police, fire or emergency services in nonemergency situations
and alarm signals for which the actual cause is not determined.
The Moon Township Volunteer Fire Company, Inc., a non-profit
corporation organized and existing under the laws of the Commonwealth
of Pennsylvania.
A person to whom the Township has issued an alarm device
permit.
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
1.
The Township Manager shall be empowered to issue alarm device permits.
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 obtaining an
alarm device permit from the Township Manager.
2.
In order to apply for an alarm device permit, a person must submit
an application to the Township Manager stating the following:
A.
His name.
B.
His home and business address and the telephone number of each.
C.
The location at which the alarm device will be installed and operated.
D.
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.
E.
A complete description of the alarm device.
F.
If the alarm 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. In addition, each person submitting
an application for an alarm device permit 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, state that neither I (we), nor
anyone claiming by, through or under me (us), shall make any claim
against Moon Township 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 of Moon 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 Township employees,
circumstances appear to warrant a forced entry.
"Further, I (we) hereby agree that, periodically and upon five days' written notice, representatives of the Moon Township Police Department or Moon Township Volunteer Fire Company, Inc., shall be allowed to enter my (our) premises between the hours of 10:00 a.m. and 5:00 p.m. on weekdays for the purpose of inspecting my (our) alarm device installation in order to determine whether or not it is in accordance with the operational standards set forth in the Alarm Ordinance of Moon Township [Chapter 13, Part 1]."
3.
The Township Manager shall furnish forms upon which any person wishing
to apply for an alarm device permit may submit his application.
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
The fee for an alarm device permit shall be established from
time to time by resolution of the Board of Supervisors.
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
1.
The Township Manager shall have the power to revoke an alarm device
permit. An alarm device permit shall be revoked by notifying the permit
holder, in writing, that his/her alarm device permit has been revoked
and the reason or reasons why it has been revoked. Said written notice
shall be:
2.
An alarm device permit may only be revoked for the following reasons:
A.
Failure of an alarm device to conform with the operational standards set forth in § 13-107 of this Part.
B.
Failure of a permit holder to pay a false alarm charge assessed to him by the Township under the provisions of § 13-109 of this Part within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
C.
The occurrence of more than 25 false alarms from an alarm device
during any calendar year.
D.
The occurrence of an intentional false alarm caused by the permit
holder or by an individual over the age of 15 who resides on the premises
where the alarm device is located.
3.
A person who has had his alarm device permit revoked under Subsections 1 and 2 above may reapply for an alarm device permit 45 days after the effective date of such revocation; provided, however, that if a person's alarm device permit was revoked for nonpayment of a false alarm charge, the Township Manager shall deny said application unless such charge has been paid. Notwithstanding the foregoing, a person who has had his alarm device permit twice revoked 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.
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
1.
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 five minutes of operation.
2.
All alarm devices shall meet the applicable standards of the Underwriters
Laboratories, Inc., and/or the National Fire Protection Association,
and/or other recognized industry standards. Notwithstanding any other
provisions of this Part, all alarm devices permitted hereunder shall
be manufactured, installed and operated in compliance with NFPA standards,
particularly NFPA 101, Life Safety Code, § 9.6, "Fire Detection,
Alarm and Communications Systems," as amended, which are hereby incorporated
herein, by reference thereto. The applicant for a permit may be required
to submit evidence of the reliability and suitability of the alarm
device.
3.
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 rattling or vibrating of doors or windows, vehicular noises
adjacent to the premises or other forces unrelated to genuine alarm
situations.
4.
The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
5.
Representatives of the Township, Police Department or Fire Company
shall periodically, and upon five days' written notice, have
the authority to enter the premises at which an alarm device is located
between the hours of 10:00 a.m. and 5:00 p.m. on weekdays 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 that repairs
be made whenever he has determined that such repairs are necessary
to assure proper operation of the alarm device.
6.
The Township will not provide a central receiving station.
[Ord. 402, 8/11/1993]
It shall be unlawful to cause an intentional false alarm.
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
1.
Any person causing or permitting the giving of repeated false alarms
for any reason or owning or maintaining an alarm device which triggers
a false alarm shall pay a charge to the Township to be established
from time to time by resolution of the Board of Supervisors, for each
and every false alarm to which a fire department, police department,
Township official, or other public safety or emergency service official
responds.
2.
When a false alarm occurs, the Township shall notify the permit holder
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 permit holder at his last known address
by regular mail, postage prepaid.
3.
A false alarm charge shall be due and payable to the Township within
30 days from the date of the mailing of the notice of assessment of
the false alarm charge.
[Ord. 402, 8/11/1993; as amended by Ord. 656, 4/9/2015]
The issuance of any permit shall not constitute acceptance by
the Township of any liability to maintain any equipment to answer
alarms for anything in connection therewith.
[Ord. 402, 8/11/1993; as amended by Ord. 414, 4/13/1994,
§ 57-14; by Ord. 449, 6/19/1996; by Ord. 460, 4/9/1997;
and by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, 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 less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
