[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe 8-14-1992 by Ord. No.
745 (Ch. 13, Part 8, of the 1993 Code of Ordinances).
Amendments noted where applicable.]
For purposes of this chapter, the following terms are defined
as follows:
A communication indicating that a crime, fire, or other emergency
situation warranting immediate action has occurred or is occurring,
specifically excluding car alarms.
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means:
To a person who is instructed to notify the Police or Fire Department
of the alarm.
That emits sound and/or light to alert the public generally
with the hope that a member of the public will communicate the alarm
to the Police or Fire Department.
A car alarm is not an alarm device within the meaning of this
section.
A home smoke detector is not an alarm device within the meaning
of this section.
The alarm console or control panel installed in the Police
or Fire Department for the purpose of giving visual or audio response
to direct alarm devices.
An alarm to which the Police or Fire Department responds
resulting from the activation of an alarm device when a crime, fire
or other emergency warranting immediate action by the Police or Fire
Department has not, in fact, occurred.
The Stowe Township Volunteer Fire Department, or any subdivision
or company thereof.
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police or Fire Department of the 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 or Fire Department has occurred
or is occurring.
A person to whom the Police or Fire Department has issued
an alarm device permit.
An individual, corporation, partnership, incorporated association
or other similar entity.
The Police Department of Stowe Township or any member thereof.
A.
It shall be unlawful for a property owner, lessee of property or
a person otherwise occupying a premises within Stowe 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 Police or Fire Department. It shall
also be unlawful for a property owner, lessee of property or a person
otherwise occupying a premises outside of Stowe Township to put an
alarm device into operation on his premises without first obtaining
an alarm device permit from the Police or Fire Department if said
alarm device is intended or designed to transmit an alarm to the Police
or Fire Department of the Township of Stowe either directly or indirectly.
B.
In order to apply for an alarm device permit, a person must submit
an application to the Police Department stating the following:
(1)
His/her name.
(2)
His/her home and business address 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.
(6)
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.
(a)
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 Stowe 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 Stowe Township or any volunteer firemen 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 or volunteer firemen, circumstances appear to warrant a
forced entry.
|
|
"Further, I (we) hereby agree that, periodically and upon five days' written notice, representatives of the Police or Fire Department of Stowe Township 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 § 184-3 of this chapter."
|
(b)
The Police or Fire Department shall furnish forms upon which
any person wishing to apply for an alarm device permit may submit
his application.
C.
A person applying for an alarm device permit shall submit an application
fee along with his application to cover the cost of issuing the permit.
The application fee shall be established from time to time by resolution
of the Board of Commissioners.
D.
The Police or Fire 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 application has been denied and the reason or reasons why
it has been denied.
E.
An application for an alarm device permit may only be denied for
the following reasons:
F.
Notwithstanding the language contained in § 184-2A of this chapter, it shall not be unlawful for a person to continue to operate an alarm device on his premises without an alarm device permit for a period of 90 days after the effective date of this chapter, provided that said alarm device was in operation on the effective date of this chapter.
G.
The Police or Fire Department 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 alarm device permit has been
revoked and the reason or reasons why it has been revoked. Said written
notice shall be:
(1)
Delivered personally to the permit holder, in which case the revocation
shall be effective immediately upon delivery.
(2)
Mailed to the permit holder at his last known address by certified
United States Mail, postage prepaid, in which case the revocation
shall be effective three days after mailing.
H.
An alarm device permit may only be revoked for the following reasons:
(1)
Failure of an alarm device to conform with the operational standards set forth in § 184-3 of this chapter.
(2)
Failure of a permit holder to pay a false alarm charge assessed to him by the Police or Fire Department under the provisions of § 184-4 of this chapter within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
(3)
The occurrence of more than 25 false alarms from an alarm device
during any calendar year.
(4)
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.
I.
A person who has had his/her alarm device permit revoked under § 184-2G and H of this chapter 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 or for nonpayment of installation or maintenance fees, or both, the Police or Fire Department shall deny said application unless such charge or fee, or both, have been paid. Notwithstanding the foregoing, a person who has had his/her 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.
A.
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.
B.
All alarm devices shall meet the applicable standards of the Underwriter's
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.
C.
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.
D.
The alarm device must be maintained by the permit holder in good
repair to assure reliability of operation.
E.
Representatives of the Police or Fire Department 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 the repairs be made whenever
he has determined that such are necessary to assure proper operation.
It shall be unlawful to cause an intentional false alarm.
[Amended 11-9-1993 by Ord. No. 760]
A.
A permit holder shall pay to Stowe Township a charge of $25 for each
false alarm emanating from their device during a calendar year, and
$50 for a subsequent false alarm emanating from their device.
[Amended 7-14-2020 by Ord. No. 1017]
B.
When a false alarm occurs, the Township of Stowe, within 10 days
from the date of each false alarm, 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 certified United States Mail, postage prepaid. Failure of the Township
of Stowe to mail notice of assessment of a false alarm charge within
10 days from the occurrence of a false alarm shall not preclude Stowe
Township from assessing a false alarm charge for said false alarm.
C.
A false alarm charge shall be due and payable to the Township of
Stowe 30 days from the date of the certified mailing of the notice
of assessment of the false alarm charge.
[Amended 11-9-1993 by Ord. No. 760]
A.
A permit holder who has a direct alarm device which is connected to a central receiving station at the headquarters of the Police or Fire Department shall be required to pay to Stowe Township a fee for the connection of his direct alarm device to the central receiving station in addition to the permit fee required by § 184-2C.
B.
The fee for connection of a direct alarm device to a central receiving
station at the headquarters of the Police or Fire Department shall
be as established from time to time by resolution of the Board of
Commissioners, plus the actual cost of interfacing in the central
receiving station.
C.
A permit holder who has a direct alarm device shall also pay a yearly fee for the maintenance of the central receiving station in addition to the permit fee required by § 184-2C and the connection fee required by § 184-6A. This maintenance fee shall be determined by the Police or Fire Department on an annual basis each July by prorating the maintenance costs among the number of permit holders at that time using the central receiving station, regardless of how long a permit holder has been connected to the central receiving station. The Police or Fire Department shall annually notify each permit holder who has a direct alarm device of the amount of the assessment for the maintenance of the central receiving station. Such notice shall be in writing and mailed to the permit holder at his last known address by regular mail, postage prepaid. The maintenance fee shall be due and payable at the office of the Police or Fire Department 30 days from the date of the notice of assessment of the maintenance fee.
D.
The fee for connection of a direct alarm device to a central receiving
station shall be due and payable at the headquarters of the Police
or Fire Department at the time an alarm device permit is issued to
an applicant for such a permit. The Police or Fire Department shall
not issue an alarm device permit to an applicant until such fee is
paid.
E.
The Police or Fire Department shall not in any way be obligated to
provide or continue to provide a central receiving station facility
or facilities for direct alarm devices; provided, however, that if
the Police or Fire Department decides to discontinue operation of
a central receiving station facility, it shall notify all permit holders
serviced by said facility of its intention to discontinue operation
of the facility by sending written notice thereof to each permit holder
at his/her last known address by regular mail, postage prepaid, at
least 60 days prior to the discontinuance of the operation of said
facility.
F.
Failure of a permit holder to pay a yearly fee for the maintenance of the central receiving station to which his/her direct alarm device is connected within 30 days of the date said payment is due shall subject such permit holder to the disconnection of his direct alarm device from the central receiving station and to the revocation of his alarm device permit under § 184-2G and H of this chapter.
If the location of the headquarters of the Police or Fire Department
should change at any time, Stowe Township shall not be responsible
for any cost incurred by permit holders or other persons in the relocation
of alarm devices because of said change in location.
The issuance of any permit shall not constitute acceptance by
Stowe Township of any liability to maintain any equipment, to answer
alarms or for anything in connection therewith.
Whenever, under the provisions of this chapter, the Police or
Fire 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 Board of Commissioners of Stowe Township, whereupon
the Board shall promptly conduct a hearing and affirm, modify or reverse
the decision appealed from. The decision of the Board of Commissioners
shall be final.
[Amended 11-9-1993 by Ord. No. 760; 7-14-2020 by Ord. No. 1017]
Any person who has committed an unlawful act under this chapter
shall, upon conviction thereof, be subject to pay a fine of $25 for
the first violation during a calendar year and, for any subsequent
conviction under this chapter, be subject to pay a fine of $50, plus
costs, and, in default of any fine and or costs, to a term of imprisonment
not to exceed 30 days.
