False Alarm Perspectives

Section 7: Appendix

The following pages contain the NBFAA Fast Start Program; the false alarm ordinances of Multnomah County (Portland) and Uwchlan Township; and the CANASA model ordinance.

National Burglar & Fire Alarm Association

FALSE ALARM REDUCTION
FAST START PROGRAM

Cooperative efforts, including alarm users, the police, government, and the alarm industry, must begin immediately to reduce false or unnecessary police dispatches. By addressing the major causes of these unnecessary dispatches, including user error, environment, equipment malfunction and improper application of particular devices, we can both reduce demand on limited police resources and enhance the effectiveness of all alarm systems.

The NBFAA recognizes the urgency of the problem and encourages you to select from these action items "To help reduce false and unnecessary police alarm dispatches by 50% nationwide in one year."

1. Use alarm verification prior to police notification whenever possible.

2. Urge manufacturers to ship their products with options pre-selected to reduce false alarms.

3. Urge police to accept verified cancellation of dispatches.

4. Urge UL and manufacturers to adopt false alarm resistance standards and testing procedures.

5. Adopt these 6 procedures at once:

l. Call premises before police on all burglar alarms.

2. Install burglar alarms with an audible alert that can be heard by the user throughout the protected premise.

3. In case of a false alarm from a motion sensor, add a second sensor in the same circuit to verify the first.

4. Program panels to send cancel codes to abort dispatches.

5. Stop using single action holdup devices and extra digit "1+" duress keypad coding.

6. Develop and implement a program designed to educate end users about their role in false alarm prevention.

6. Create a False Alarm Control Team (F.A.C.T.) within your alarm company, chapter, and/or association.

7. Become part of the solution, not part of the problem.

8. Call now for additional information on reducing false and unnecessary alarms or for help with creating your own False Alarm Control Team. Contact:

National Burglar & Fire Alarm Association

False Alarm Prevention Committee

7101 Wisconsin Avenue, Suite 1390

Bethesda, MD 20814-4805

l-800-800-NBFA

Multnomah County (Portland), Oregon

Chapter 14.74

BURGLARY AND ALARM SYSTEMS

(New Chapter substituted by Ord. No. 164287, June 13, 1991.)

Sections:
14.74.010 Purpose and Scope.
14.74.030 Definitions.
14.74.050 Alarm Users Permits Required.
14.74.070 Fines for Excessive False Alarms.
14.74.110 No Response to Excessive Alarms.
14.74.130 Special Permits.
14.74.150 User's Instruction.
14.74.170 Automatic Dialing Device--Certain Interconnections Prohibited.
14.74.190 Hearing.
14.74.210 Sound Emission Cutoff Feature.
14.74.230 Confidentiality Statistics.
14.74.250 Allocation of Revenue and Expenses.
14.74.270 Interpretation.
14.74.290 Enforcement and Penalties.
14.74.310 Savings Clause.

14.74 Title. This Chapter shall be known as the "Burglary and Robbery Alarm Systems" regulations.

14.74.010 Purpose and Scope.

(a) The purpose of this chapter is to encourage alarm users and alarm businesses to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarm systems, to prevent unnecessary police emergency response to false alarms, and thereby to protect the emergency response capability of the City from misuse.

(b)This chapter governs burglary and robbery alarm systems. requires permits. establishes fees, provides for allocation of revenues and deficits, provides for fines for excessive false alarms, provides for discontinuation of police response to alarms, provides for punishment of violations and establishes a system of administration.

14.74.030 Definitions.

(a) "Alarm Business" means the business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

(b) "Alarm System" means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police are expected to respond.

(c) "Alarm User" means the person, firm, partnership, association, corporation, company or organization of any kind which owns, controls or occupies any building, structure or facility wherein an alarm system is maintained.

(d) "Automatic Dialing Device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system.

(e) "Bureau of Emergency Communications" is the City/County facility used to receive emergency and general information from the public to be dispatched to the respective police departments utilizing the Bureau.

(f) "Burglary Alarm System" means an alarm system signaling an entry or attempted entry into the area protected by the system.

(g) "Sheriff" means Sheriff of Multnomah County or his designated representative.

(h) "Coordinator" means the individual designated by the Sheriff to issue permits and enforce the provisions of this chapter.

(i) "False Alarm" means an alarm signal, eliciting a response by police when a situation requiring a response by police does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

(j) "Interconnect" means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

(k) "Primary Trunk Line" means a telephone line serving the Bureau of Emergency Communications that is designated to receive emergency calls.

(l) "Robbery Alarm System" means an alarm system signalling a robbery or attempted robbery.

(m) "No Response" means police officers will not be dispatched to investigate a report of an alarm signal.

(n) "Chief of Police" or "Chief" means the Chief of Police of the City of Portland Bureau of Police or a designated representative.

(o) "Sound Emission Cutoff Feature" means a feature of an alarm system which will cause an audible alarm to stop emitting sound.

(p) "System Becomes Operative" means when the alarm system is capable of eliciting a response by police.

(q) "Economically Disadvantaged Person" means a person receiving public assistance and/or food stamps.

14.74.050 Alarm User Permits Required.

(a) Every alarm user shall obtain an alarm user's permit for each system from the Coordinator's Office within 30 days of the time when the system becomes operative. Users of systems with both robbery and burglar alarm capabilities shall obtain separate permits for each function. Application for a burglary or robbery alarm user's permit and the fee for each shall be filed with the Coordinator's office each year. Each permit shall bear the signature of the Sheriff and be for a 1 (one) year period immediately following issuance of the permit. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the Chief or Sheriff.

(b) A yearly fee, permit surcharge, and renewal fee shall be established by the Bureau of Police. The fees established under this Section shall not become effective until approved by the Commissioner in charge of the Bureau of Police.

(c) If a residential alarm user is over the age of 62 and/or is an economically disadvantaged person and resides where the permitted alarm is located and if no business is conducted in the residence, a user's permit may be obtained from the Coordinator's Office according to Section 14.74.050 (a) without the payment of a fee.

(d) A surcharge will be charged in addition to the fee provided in Section 14.74.050 (a) to a user who fails to obtain a permit within 30 days after the system becomes operative or who is more than 30 days delinquent in renewing a permit.

(e) If an alarm user fails to renew a permit within 30 days after the permit expires, the coordinator will notify the alarm user, by certified mail that, unless the permit is renewed and all fees and fines are paid within 30 days from the date of mailing of the certified letter, Police response to the alarm will thereafter be suspended.

14.74.070 Fines for Excessive False Alarms.

(a) Fines will be assessed by the Coordinator for excessive false alarms during a permit year as follows: Second though Third False Alarms--$50 each Fourth and any additional False Alarms--$100 each

(b)The Coordinator will send a Notification of Alarm by regular mail to notify the alarm user and the alarm business of a false alarm and the fine and the consequences of the failure to pay the fine. The Coordinator will also inform the alarm users of their right to appeal the validity of the false alarm to the Sheriff, as provided in Section 14.74.190. If the fine has not been received in the Coordinator's Office within 30 days of the day Notice of fine was mailed by the Coordinator and there is no appeal pending on the validity of the false alarm, the Coordinator will send the Notice of fine by certified mail along with a notice of late fee of $25. If payment is not received within 10 days of the day the Notice of late fee was mailed, the Coordinator will initiate the no response process according to Section 14.74.110 and may initiate the enforcement of penalties according to Section 14.74.290.

(c) The payment of any fine provided for in Section 14.74.070 shall not be deemed to extend the term of the permit.

14.74.110 No Response to Excessive Alarms.

(a) Alter the second false alarm the Coordinator shall send a notification to the alarm user by regular mail which will contain the following information:

(l) That the second false alarm has occurred;

(2) That if two more false alarms occur within the permit year police officers will not respond to any subsequent alarms without the approval of the Sheriff;

(3) That the approval of the Sheriff can only be obtained by applying in writing for reinstatement. The Sheriff may reinstate the alarm user upon finding that reasonable effort has been made to correct the false alarms;

(4) That the alarm user has the right to contest the validity of a false alarm determination through a False Alarm Validity Hearing, according to Section 14.74.190. The request for such a hearing must be in writing and filed within ten days of the receipt of the Notice of Alarm.

(b) After the fourth false alarm within the permit year there will be no police response to subsequent alarms without approval of the Sheriff. The Coordinator shall send a Notice of Suspension of Police Response to:

(l) The Director of the Bureau of Emergency Communication;

(2) The Chief of Police;

(3) The alarm user by certified mail; and

(4) The persons listed on the alarm user's permit who are to be contacted in case of emergency, by certified mail.

(c) The suspension of police response to an alarm shall begin ten days after the date of delivery of the Notice of Suspension of Police Response to the alarm user unless a written request for a False Alarm Validity Hearing has been made as required in Section 14.74.190.

14.74.130 Special Permits.

(a) An alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to Chapter 14.74, provided:

(l) A permit shall be designated a special alarm user's permit

(2) A special alarm user's permit for a system which has four false alarms in a permit year shall not be subject to the no response procedure specified in Section 14.74.110 but shall pay the regular fine schedule according to Section l4.74.070.

(3) The payment of any fine provided for in paragraph (2) of this subsection shall not be deemed to extend the term of the permit.

(b)An alarm user which is a governmental political unit shall be subject to Chapter 14.74; but a permit shall not be subject to fine, payment of additional fees or the imposition of any penalty provided under Chapter 14.74.

14.74.150 User instruction.

(a) Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on the premises located in the area subject to Chapter 14.74 shall furnish the user with instruction that provides information to enable the user to operate the alarm system at any time. The alarm business shall also inform each alarm user of the requirement to obtain a permit and where it can be obtained.

(b) Standard form instruction shall be submitted by every alarm business to the Sheriff. If the Sheriff reasonably finds such instructions to be incomplete, unclear or inadequate, the Sheriff may require the alarm business to revise the instruction to comply with Chapter 14.74 and then to distribute the revised instruction to its alarm users.

14.74.170 Automatic Dialing Device--Certain Interconnections Prohibited.

(a) It is unlawful for any person to program an automatic dialing device to select a primary trunk line and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within 12 hours of receipt of written notice from the Coordinator that it is so programmed.

(b) It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the City and it is unlawful for an alarm user to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the Coordinator that an automatic dialing is so programmed.

14.74. 190 Hearing.

(a) An alarm user who wants to appeal validity of a false alarm determination by the Coordinator may appeal to the Sheriff for a hearing. The appeal must be in writing and must be requested within ten days of the alarm user having received Notice of Alarm. Failure to contest the determination in the required time period results in a conclusive presumption that the alarm was false.

(b) If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Sheriff by certified mail at least 10 days prior to the date set for the hearing, which date shall not be more than 2l nor less than 10 days after the filing of the request for hearing.

(c) The hearing shall be before the Sheriff. The Coordinator and the alarm user shall have the right to present written and oral evidence, subject to the right of cross examination. If the Sheriff determines that the false alarms alleged have or have not occurred in a permit year, the Sheriff shall issue written findings waiving, expunging or entering a false alarm designation on alarm user's record as appropriate. If false alarm designations are entered on the alarm user's record, the Coordinator shall pursue fine collection as set out in Section 14.74.070.

(d) The Sheriff may appoint another person to hear the Appeals and to render judgement.

14.74.210 Sound Emission Cutoff Feature.

Alarm systems which can be heard outside the building, structure or facility of the alarm user shall be equipped with a sound emission cutoff feature which will stop the emission of sound 15 minutes or less after the alarm is activated.

14.74.230 Confidentiality and Statistics.

(a) All information submitted in compliance with Chapter 14.74 shall be held in the strictest confidence and shall be deemed a public record exempt from disclosure pursuant to ORS 192.502. The Coordinator shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under Chapter 14.74.

(b) Subject to the requirements of confidentiality, the Coordinator shall develop and maintain statistics having the purpose of assisting alarm system evaluation for use by members of the public.

14.74.250 Allocation of Revenues and Expenses.

(a) With the exception of the $4.00 per year increase in the yearly fee adopted pursuant to Code Section 14.74.050 b., which shall be paid directly to the City, all fees, fines and surcharges collected pursuant to Chapter 14.74 shall be general fund revenue of Multnomah County; provided. however, that Multnomah County shall maintain records sufficient to identify the municipal jurisdiction from which the revenue is derived, and the types and amounts of that revenue.

(b) Multnomah County shall maintain records in accordance with sound accounting principles sufficient to determine on a fiscal year basis the direct costs of administering Chapter 14.74, including salaries and wages (excluding the Sheriff individually), travel, office supplies, postage, printing, facilities, office equipment and other properly chargeable costs.

(c) Not later than July 3l of each year, Multnomah County shall render an account to the Chief which establishes the net excess revenue or cost deficit for the preceding fiscal year and shall allocate that excess revenue, if any, or deficit, if any, to the City of Portland, Bureau of Police, proportionately as the number of permits issued for alarm systems within the corporate limits of the City of Portland bears to the whole number of permits issued in Multnomah County; provided that no allocation shall be made if the net excess revenue or deficit is less than $2500.00.

(d) Distribution by the County of any excess revenue or payment of allocated deficit amounts by a municipal corporation shall be made not later than September 1 of each fiscal year.

(e) "Sound accounting principles" as used in this Section, shall include, but not be limited to, practices required by the terms of any state or federal grant or regulations applicable thereto which relate to the purpose of this ordinance.

14.74.270 Interpretation.

This ordinance shall be liberally construed to effect the purpose of this ordinance and to achieve uniform interpretation and application of this ordinance, the Multnomah County Alarm ordinance and ordinances of other municipal corporations within Multnomah County with the same purpose.

14.74.290 Enforcement and Penalties.

(a) Enforcement of this ordinance may be by civil action as provided in ORS 30.315, or by criminal prosecution, as provided in ORS 203.810 for offenses under County law.

(b) Violation of this ordinance shall be punishable upon conviction by a fine of not more than $500.

(c) The failure or omission to comply with any section of this ordinance shall be deemed a violation and may be so prosecuted, subject to the penalty provided in paragraph (b) of this Section.

14.74.310 Savings Clause.

If any article, section, subsection, phrase, clause, sentence or word in this Chapter shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, it shall not nullify the remainder of this Chapter, but shall be confined to the article, section, subsection, subdivision, clause, sentence or word so held invalid or unconstitutional.

Uwchlan Township, Pennsylvania

ORDINANCE NUMBER 92-04

AN ORDINANCE OF THE TOWNSHIP OF UWCHLAN, CHESTER COUNTY, PENNSYLVANIA, RESCINDING RESOLUTION NUMBERS 84-24 AND 85-17, AND ORDINANCE 88-3 AND 9l-6 ESTABLISHING CERTAIN REGULATlONS FOR BURGLAR, FIRE AND OTHER EMERGENCY ALARM SYSTEMS AND RELATED FEES.

WHEREAS, the Uwchlan Township Police Department has for some time been burdened with responding to numerous false alarms at area residences, businesses, and industries, an action that not only costs the Township unnecessarily, but also poses safety problems; and
WHEREAS, the Board of Supervisors, citing the rising costs of police services as well as the problems cited herein, has deemed it necessary to establish certain regulations and fees to compensate for the costs incurred; and
WHEREAS, Section 702 of the Second Class Township Code of Pennsylvania allows Townships to establish various rules and regulations related to Police protection,
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, that the Board of Supervisors hereby rescinds Resolutions 84-24, 85-27 and 88-3 enacts the following:

GENERAL PROVISIONS

A. DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance:

ALARM SUPPLIER: The business by an individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring, or installing any alarm system or causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, installed or monitored in or on any building, structure, or other facility.

ALARM SYSTEM: Any assembly of equipment, mechanical, electrical, or battery operated, arranged to signal the occurrence of a police, fire, hazard, or medical emergency requiring immediate attention and to which police or fire units are expected to respond.

ANSWERING SERVICE: A service whereby trained employees, in attendance at all times, receive prerecorded voice messages from automatic dialing devices reporting an emergency at a stated location, where such employees have the duty to relay immediately by live voice any such emergency message over a trunk line to the communications center of the Police or Fire Department.

AUDIBLE ALARM: Any device, bell, horn, or siren which is attached to the interior and/or exterior of a building, structure, or facility and emits a warning signal which is audible outside the building, structure, or facility and is designed to attract attention when activated by a criminal act or other emergency requiring police or fire department response.

AUTOMATlC DIALING DEVICE: A device which is interconnected to a telephone line and is programmed to transmit a signal by a voice coded message that indicates that an emergency condition exists and the need for an emergency response is required.

CENTRAL STATION: A protective system or group of such systems operated privately for customers by a person, firm, or corporation which accepts recorded messages from automatic dialing devices at a central station having operators and guards in attendance at all times who have the duty to take appropriate action upon receipt of a signal or message, including the relaying of messages to the communications center of the Police or Fire Department.

COORDINATOR: An individual/designee named by and accountable directly and solely to the Chief of Police.

EMERGENCY: A police, fire, hazard, or medical emergency.

FALSE ALARM:

(1) An alarm(s) activated in the absence of an emergency, whether willfully or by inadvertence, negligence, or an unintentional act, including the malfunction of the alarm system, to which the Uwchlan Township Police Department responds. The definition excludes alarm(s) caused by malfunctions of the Chester County Department of Emergency Services receiving equipment if such alarm is directly connected to the alarm board; testing or repairing of telephone or electrical lines or equipment outside the premises; acts of God, such as earthquake, flood, windstorm, thunder, or lightning; an attempted illegal entry of which there is visible evidence; a crime in progress; or, in the case of an emergency medical alarm, an actual medical emergency requiring police, fire and/or medical personnel. If doubt exists as to the cause of the false alarm, the Chief of Police or his designee shall have and make the final decision regarding the circumstances of the activation.

(2) Multiple alarms received by the Police Department before the system can be deactivated within a reasonable period of time shall be considered a single alarm.

(3) The definition of a false alarm(s) also includes the intentional activation of a holdup alarm for other than a holdup in progress, the intentional activation of a burglary alarm for other than a burglary, the activation of a medical alarm for other than a medical emergency, or the intentional activation of a fire alarm for other than a fire or hazard.

FIRE DEPARTMENT: Any Fire Department, Ambulance or Rescue Unit providing services within Uwchlan Township.

FIRE EMERGENCY: A fire.

HAZARD EMERGENCY: An explosion, leak of toxic gas, liquid, or solid, or a potential explosion or leak.

INTERMEDIARY: A central station protective system or answering service as herein defined.

KEY: To use a telephone line and equipment for transmitting a message either directly or indirectly by an automatic dialing device.

MEDICAL EMERGENCY: An emergency involving the health of a person.

PERMIT: Written permission duly granted to an applicant by the Township upon payment of the required fee.

POLICE DEPARTMENT: The Uwchlan Township Police Department.

POLICE EMERGENCY: An incident requiring prompt response by the Police Department.

POLICE AND FIRE COMMUNICATIONS CENTER: The Police and Fire communications area and other facilities which house communications equipment and the Police radio dispatcher.

CHIEF OF POLICE: The administrative head of the Uwchlan Township Police Department.

TOWNSHIP: The Township of Uwchlan, Chester County. Pennsylvania.

TRUNK LINES: A telephone line leading into the communications centers of the Police and Fire Departments that is for the purpose of handling calls on a person to person basis and which is identified by a specific listing among the white pages in the telephone directory issued by the telephone company.

B. ALARMS WITHOUT TIMING MECHANISMS PROHIBITED

On and after the effective date of this chapter, owners or users of audible alarms must equip such audible alarms with a timing mechanism that will disengage the audible alarm after a maximum of fifteen (15) minutes. Audible alarms without such a timing mechanism shall be unlawful in the Township and must be disconnected by the owner or user within sixty (60) days from the effective date of this ordinance.

C. DIRECT KEYING OF AUTOMATIC DIALING DEVICES

On and after the effective date of this ordinance all automatic dialing devices that transmit recorded messages directly to the Police Department or Fire Department shall be keyed to the Chester County Department of Emergency Services Radio Room, only with their prior approval.

D. LISTING OF INSTALLATIONS

l. Within ninety (90) days from the effective date of this ordinance, every Alarm Supplier who has installed an alarm system in the Township, Fire, Burglar or other, shall furnish to the Police Department the following information:

a. The name, residence, and telephone number of the owner or user.

b. The address where the device is installed and the telephone number at that address.

c. The name, address, and telephone number(s) of any other person or firm who is authorized to respond to an emergency and gain access to the address where the device is installed.

d. The name and telephone number of any other person, supplier, who is responsible for maintenance and repair of the system.

e. The type of system, i.e., holdup, burglary, fire, or medical emergency.

2. Users of alarm system devices whose devices were installed prior to the effective date of this ordinance shall within sixty (60) days after such enactment, supply the Uwchlan Police Department with the information specified in Section l, Subsection d.

3. All information furnished pursuant to this section shall be kept confidential and shall be for the authorized use of the Department of Emergency Services, and of the Police Department or its authorized agent.

E. LICENSING

1. On and after the effective date of this ordinance, no one except an Alarm Supplier holding a valid license from the Township shall sell, install, service or monitor any alarm within the Township.

2. The Coordinator shall issue an Alarm Supplier's license to an Alarm Supplier meeting the requirements of this Section "E" upon the filing of the required application and payment of a fee. The fee structure is as follows: Any alarm supplier who applies for a first time license, prior to 30 June of that calendar year, shall be required to pay full fee. However, any first time application being submitted after 30 June shall be required to pay one-half (1/2) of the fee. Each license shall bear the signature of the Coordinator and be renewed annually. A copy of the license shall be displayed at each location and shall be made available for inspection upon request by the Chief of Police or by the Coordinator.

3. Each Alarm Supplier that installs one or more alarm system(s) in the Township shall make service available directly or through an agent on a twenty-four (24) hour per day basis, seven (7) days a week, to repair such devices and to correct malfunctions as they occur. Any person using an alarm system shall make arrangements for service to be available for such device on a twenty-four (24) hour per day, seven (7) day per week basis.

4. No corporation, sole proprietor, partner, joint venture, trustee, executor, administrator, employee, fiduciary, or stockholder with a five (5%) percent or greater interest in a corporation (except a corporation whose stock is publicly traded and registered with the Securities and Exchange Commission or with a state Securities Commission) applying for a license shall have been convicted of a felony or pleaded Nolo Contendere to a felony charge or indictment. Applicant must furnish a criminal history from the State of Pennsylvania, with their application.

5. The applicant shall furnish an insurance certificate annually confirming that the applicant has in force general liability insurance coverage in an amount of not less than three hundred thousand ($300,000.00) dollars each occurrence. An applicant who self insures such coverage shall furnish evidence of financial ability, by showing that they are bonded for at least three hundred thousand ($300,000.00) dollars or by a suitable letter of financial responsibility, providing that the letter is acceptable to the Township.

6. Licensee shall pay an annual license fee of thirty ($30.00) dollars except as specified in "E,2."

a. No Alarm Supplier's license shall be required:

l. Where no alarm permit is required, or

2. When the installation of such alarm system shall be made in total personally by the owner or occupant of the premises, except if same is monitored off premises or by a company providing (monitoring) service.

b. A License may be revoked or renewal denied if:

l. The licensee fails to meet the requirement necessary to obtain a license, or

2. The license fee is not paid, or

3. The Chief of Police or his designee has reason to believe the licensee's installations are the cause of false alarms, or

4. Licensee fails to provide emergency service as required by this chapter.

F. PERMIT FEES

l. The user's fee for an alarm system permit shall be fifty ($50.00) dollars and said permit shall be obtained from the Uwchlan Police Department prior to the installation of the alarm system.

2. The permit shall bear the signature of the Chief of Police or the coordinator and be valid for the same period that the applicant shall reside/locate the business upon the premises at which the system is installed, or until revoked by the Chief of Police or the Coordinator. The permit shall be physically present upon the premises using the alarm system and shall be available for inspection by Uwchlan Police Department personnel.

3. The permit application shall contain the address of the property, the name of the residence/business (if applicable), the name of the owner, tenant, or agent responsible for the property, the Alarm Supplier or other entity responsible for maintaining the system (if applicable), the type of alarm (burglary, holdup, fire, medical), how the alarm signal will be received by the communications center (tape, central station, etc.). at least three alternate emergency telephone numbers of persons to be contacted to secure the property and any additional information as determined necessary. In the case of fire alarm permits for other than a single family residence, the applicant must submit with permit application detailed plans for fire alarm and suppression system that is to be permitted/installed. These plans to be reviewed and approved by the Township Fire Marshal prior to the issuance of any permit. Construction/Installation may not begin without permit. The issuance of the permit is not a final approval by the Township Fire Marshal for the proposed system. Final approval may be given only at the completion. inspection and conformance to all codes and requirements. It shall be the owner's responsibility to amend the foregoing information whenever the information changes.

4. Exceptions:

a. An alarm user who is over the age of sixty-five (65) and is the primary occupant of a residence, and if no business is conducted at the residence, may obtain a user's permit from the Township without paying the above stated fee.

5. Users who fail to obtain a permit within sixty (60) days after the effective date of this resolution, if later, shall be liable to pay a twenty ($20.00) dollar late charge penalty for each calendar year that the permit is not obtained.

6. All locations in the Township of Uwchlan equipped with alarm systems. except as stated in this chapter, must apply for and be issued valid permit for same.

G. CERTAIN AUDIBLE ALARM SYSTEM--NO PERMIT REQUIRED

l. A battery powered (9 volt, 11.2 volt, or similar voltage) audible alarm system whose sole purpose is to notify the occupants at that location of an emergency situation shall be exempt from the permit requirements of this chapter if ALL of the following conditions exist:

a. The alarm is not connected to any mechanical or electrical device that automatically notifies a person or agency outside of that location that the alarm is activated.

b. The audible alarm does not sound outside of the location (no external speakers or annunciators).

c. The internal signal emitted by the audible alarm does not exceed ninety (90) decibels.

d. The internal alarm does not cause undue annoyance or alarm to occupants of adjoining premises.

2. Alarm users who are not required to pay a fee or who are exempt from obtaining an alarm user's permit as above shall, nevertheless, be subject to the penalty provisions prescribed in this chapter.

3. After the effective date of this ordinance, no one except an Alarm Supplier holding a valid license from the Township shall install any alarm system within the confines of the Township.

H. TECHNICAL INFORMATION

Each Alarm Supplier who, after the effective date of this ordinance, sells or leases in the Township an alarm system shall furnish operating instructions and a manual of operations to the buyer or lessee.

I. INSPECTION OF DEVICES

l. The public safety requires that the incidence of false alarms and malfunctioning automatic dialing devices be minimal so as to reduce unnecessary calls to the Police Department, and to increase the effectiveness of properly functioning alarm systems it is necessary that appropriate Township officials have the right to inspect the installation and operation of any alarm system installed within the Township.

2. Application for permit for the installation of an alarm system and subsequent installation of such a system pursuant to a permit issued or the continuance of the use of any alarm system already installed at the effective date of this chapter shall constitute consent by the owner or lessee thereof and authorization for the inspection of any such installation and/or operation by the Chief of Police or the Coordinator.

3. All such entries upon the premises where an alarm system is installed and all such inspections of the installation and operation of alarm systems shall be at reasonable notice, except in emergency situations.

J. CONFORMANCE WITH INSTALLATION, INSPECTION AND TESTING STANDARDS

Every Alarm Supplier selling, leasing or furnishing to any user, or a user who privately installs an alarm system which is located on premises within the Township shall:

l. Be permitted to install only equipment that is listed by Underwriters Laboratories, Inc. as being electrically safe and meeting the Township requirements for the alarm system. Wiring for the alarm system must conform with all applicable National, BOCA, Electrical and Township codes.

2. Be required to cause each alarm system installed to be provided with standby battery power which shall automatically and immediately take over in the event of a power failure.

3. Be required to install equipment in such a way as to neutralize electrical surges.

4. Be required to deactivate any alarm system within a reasonable period of time.

K. NOTIFICATION PRECEDING DEVICE TESTING

No person shall conduct any test or demonstration of any alarm system without first notifying the shift supervisor of the Uwchlan Township Police and/or Fire Radio network, whichever is appropriate, via the Police or Fire Department designated dispatch center.

L. ALARM SUPPLIER TO FURNISH COPY OF LAW

Alarm Suppliers and installers shall furnish at their own expense, at or prior to the time of contracting, a copy of this chapter to owners, lessees, or users of the equipment or services to be supplied.

M. FALSE ALARMS

1. Consent to pay costs; schedule of costs:

a. For the purposes of defraying the costs to the Police Department for responding to false alarms, the owner, lessee or user of any alarm system or persons using the services of an Intermediary, users of audible alarms and users of any other kind of direct or indirect connection with the Police or Fire communications center, except persons using the two-way live voice communication by telephone, shall, as a condition to installation and continued operation of such equipment or service, execute a consent in such forms as may be prescribed by the Township that such owner, lessee, or user shall pay the Township for false alarms upon the following schedule for each false alarm originating from the owner's, lessee's, or user's premises:

b. First and second false alarm/activation per calendar month: WARNING.

c. Third and fourth false alarm/activation per calendar month: fifty ($50.00) dollars per alarm.

d. Fifth and subsequent false alarm/activation per calendar month: one-hundred ($100.00) dollars per alarm.

2. Failure to comply. Any such owner, lessee, or user who fails to execute the consent described in Subsection a, within ninety (90) days from the effective date of this chapter, shall within the ninety (90) day period, disconnect the alarm system.

3. Any owner, lessee, or user of an alarm system may revoke or refuse to consent as set forth in Subsection a above only by disconnecting the alarm system. With respect to such systems installed at the effective date of this chapter, the owner, lessee or user can refuse to revoke the aforesaid consent by disconnecting such alarm within ninety (90) days from the effective date of this chapter and providing written notification of such disconnection.

4. Penalties provided for false alarms that are relayed or transmitted by an Intermediary shall be the responsibility of the owner or user of the alarm system.

5. Any police officer responding to an alarm which is determined to be false shall promptly notify the Chief of Police or his designee of such alarm in writing, and shall (if practical) leave notification of such false alarm at the scene of the alarm.

6. By submitting an application for permit for the installation of a burglary, fire, medical or other emergency alarm system and the subsequent installation of such a system or by the continuation of the use of an alarm system already installed at the effective date of this chapter, the owner, lessee or user thereof shall agree that such permit application constitutes a waiver by such person of the right to bring or file any action, claim or complaint whatsoever against any police officer or emergency personnel who makes a forced entry in response to such an alarm into the premises on which such an alarm is installed, as result of entry into the subject premises. In the event the owner of such premises is a person other than the permit applicant, as in the instance of a lessee or other user not the owner of the premises on which the alarm is installed, such permit application shall constitute an indemnification agreement by the applicant to hold harmless any such police officer or emergency personnel, the Township, the Police Department and the Fire Department, as appropriate, from any and all damages whatsoever claimed by the lessor or owner of the premises on which the alarm is installed.

7. Any alarm system which has four (4) or more false alarms within a calendar month shall be subject to permit revocation.

a. The Chief of Police or his designee shall notify the alarm user and the alarm supplier providing the service to the user by first class, postage prepaid, certified mail, of such fact and direct that the user submit a report to the Chief of Police within five (5) days of receipt of the notice describing actions taken or to be taken to determine and eliminate the cause of the false alarms.

b. If the alarm user submits a report as directed, the Chief of Police shall determine if the action taken or to be taken will substantially reduce the likelihood of false alarms. He shall notify the alarm user in writing that his permit will not be revoked at this time and that if one more false alarm occurs within the month, the user's permit may be revoked.

c. If no report is submitted, or if the Chief of Police determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms. the Chief of Police shall give notice to the user that the permit will be revoked without further notice.

N. VIOLATIONS AND PENALTIES

1. Violation of any provision of this ordinance shall constitute a summary offense. The user will be invoiced by the Chief of Police or his designee and shall within thirty (30) days pay the fee as stated in Section M. Failure to make required payment within the allotted time period will cause a citation to be filed with the District Justice. Such fine and costs shall be collectible before any District Justice as like fines and penalties are now by law collectible. Each ten (10) day period during which failure to comply continues shall constitute a separate offense.

2. Any person found guilty of willful false activation of an alarm system shall be liable for a fine up to one thousand ($1000.00) dollars plus the cost of prosecution or to imprisonment in the county prison for a term not to exceed thirty (30) days, or both, for each and every such activation. Such fine and costs shall be collectible before any District Justice as like fines and penalties are now by law collectible. The same shall constitute a summary offense.

VALIDITY

Should any section or provision of this chapter be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the validity of this chapter as a whole or of any other part.

EFFECTIVE DATE

This amended Ordinance will become effective live (5) days after adoption as prescribed by law.

Ordained and enacted this 11th day of May, 1992.

Canadian Alarm and Security Association (CANASA)

MODEL MUNICIPAL INTRUSION ALARM BY-LAW
By-Law No. 1000/90 A by-law to establish regulatory controls and a permit program for intrusion alarm systems.

WHEREAS the Police Department has carried out a study of alarm responses in the Municipality;
AND WHEREAS in addition to posing a threat to the safety of police officers and the public by creating unnecessary hazards. false alarms result in considerable unnecessary expense and are a nuisance:

Now therefore the Council assembled enacts as follows:

1. This By-law may be cited as The Alarm, By-law.

2. In this By-law. unless context othetwise requires:

(1) Alarm system--any mechanical, electrical, or electronic device which is designed or used for the detection of an unlawful act in, or authorized entry into, a building. a structure or facility and which emits a sound or transmits a signal or message when actuated but does not include:

a. a device which registers an alarm that is not audible, visible or perceptible outside of the protected building, structure or facility; or

b. a device that is installed in a motor vehicle or motor home as those terms are defined in The Highway Traffic Act, (reference Provincial Statutes. chapter XXX).

(2) Audible alarm--an alarm system which generates an audible sound only in, on or about the premises where it is located when it is actuated;

(3) Automatic calling devise--any device, or combination of devices, that will upon activation, either mechanically, electronically or by any other automatic means, initiate a telephonic or recorded message which is designed to be transmitted over regular telephone lines;

(4) Chief of Police--the Chief of Police of the Municipality or his/her designate;

(5) False dispatch--the actuation of an alarm system resulting in a response by the Police Department where there has been no unauthorized entry or commission of an unlawful act on the premises;

(6) Monitored alarm system--an alarm system. excluding an audible alarm, which when actuated transmits a sound, signal or message to a location where personnel are in attendance at all times and one of whose functions it is to notify the Police Department of the alarm system being actuated;

(7) Hold-up alarm signal--a signal received from a monitored alarm system that is manually activated from the monitored premises;

(8) Permittee--the holder of an alarm system permit.

3. All alarm equipment must conform to established standards. In addition, all alarm installations are to be subject to inspection to guarantee conformance to the National Standards by the local authority having jurisdiction.

4.

(1) All alarm systems must be installed by qualified personnel who are employed by a licensed alarm company within the jurisdiction.

(2) Every person maintaining an audible alarm shall keep the Chief of Police informed, by notice in writing, of the names, addresses and telephone numbers of at least two persons at different locations to be contacted in the event that the audible alarm is actuated.

(3) At least one of the persons to be contacted pursuant to Subsection l shall always:

a. be available to receive telephone calls from the Police Department made in respect of the audible alarm; and

b. be capable of affording access to the premises where the audible alarm is located; and

c. attend at the premises where the audible alarm is located within forty-five (45) minutes of being requested to do so by a member of the Police Department.

5.

(1) When a person attending a monitored alarm system receives an alarm from such system during those hours when the premises in which the system is located is normally occupied, such person shall before advising any members of the Police Department of the alarm attempt to verify that the alarm is not a false alarm.

a. verification shall be defined as:
In the absence of confirmed criminal activity, the monitoring station shall implement a verification process that involves establishing communication with a qualified person at the premise who can confirm that no emergency exists.

(2) A person who attends a monitored alarm system and who informs any member of the Police Department that the monitored alarm system has been actuated shall:

a. at the same time advise such member of the Police Department of the alarm system permit number for such system; and

b. notify a person capable of affording access to the premises where the monitored alarm system is located to attend at such premises within forty-five (45) minutes from the time a member of the Police Department is informed of the actuation of the monitored alarm system.

(3) In the event the person attending a monitored alarm system is unable to notify a person pursuant to Clause b of Subsection 3 within 10 minutes, the police shall not, upon inspecting the exterior of said premises and finding nothing amiss, remain at said premises.

6.

(1) No person shall install, keep or use or permit the installation, keeping or use of an alarm system unless there is a valid and subsisting alarm system permit therefor.

(2) An applicant for an alarm system permit shall make application and provide the information requested to the Chief of Police on the form attached as Schedule A to this By-law, and the applicant shall ensure that all such information is kept current and correct and that the Police Department is forthwith informed in writing of any and all changes or corrections to such information during the term of the alarm system permit.

(3) Alarm system permits shall be issued under

a. the personal signature of the Chief of Police; or

b. his mechanically reproduced signature.

(4) An alarm system permit shall be issued in the name of the person in actual occupation of the premise which the alarm system is designed to protect.

(5) An alarm system permit shall not be assigned or transferred.

(6) Any label or decal issued with the alarm system permit shall be affixed to the protected premises so as to be legible from the exterior of the said premises.

(7) The Chief of Police may revoke or suspend any alarm system permit if

a. the permittee has contravened any of the provisions of this By-law;

b. the persons to be contacted pursuant to Subsection 4.2 are not available to receive telephone calls as required by Subsection 4.3.a;

c. a person contacted pursuant to Section 4.2

i.) is not capable of affording access to the premises where the audible alarm is located in accordance with Subsection 4.3.b; or

ii.) fails to attend at the premises where the audible alarm is located in accordance with Subsection 4.3.c;

d. the person attending the alarm system, in the case of a monitored alarm system, fails to comply with Section 5; or

e. the alarm system actuates excessive false alarms.

(8) For the purpose of this section excessive false alarms means three (3) or more false alarms in any twelve calendar months.

(9) The following shall not be included when computing the number of false alarms which have occurred for the purposes of Subsection 8:

a. any false alarm which the permittee can demonstrate was caused by a storm, lightning, fire, earthquake or other act of God; or

b. any false alarm which the permittee can demonstrate was actually caused by the act of some person other than

i.) the permittee including the permittee's officers, agents, employees, independent contractors or any other person subject to the direct or indirect control of the permittee;

ii.) the person who installed, connected, operated, maintained or serviced the alarm system; or

iii.) the manufacturer of the alarm system, including the manufacturer's officers, agents, employees, independent contractors or any person subject to the direct or indirect control of the manufacturer; or

c. any false alarm caused by communications network disruptions beyond the control of the permittee.

(10)

a. Notwithstanding the provisions of Subsection 8 in the event that an alarm system permit is suspended or revoked, any false alarm which occurred prior to the suspension or revocation shall not be included when determining whether the alarm system actuates excessive false alarms in a subsequent proceeding taken pursuant to Subsection 6.7.3;

b. Where an alarm system actuates excessive false alarms, the Chief of Police shall require the permittee to have the alarm system inspected prior to reinstatement;

c. Within fourteen (l4) days of receipt of the notice referred to in Clause b, a permittee shall provide the Chief of Police with a report in writing verifying that the inspection has been carried out and indicating the results of the inspection;

d. If the report referred to in Clause c indicates in any way that the alarm system is malfunctioning due to a fault or deficiency in the alarm system, the permittee shall forthwith remedy such fault or deficiency;

e. Where an alarm system permit has been revoked the Chief of Police may, during the six (6) months following such revocation, refuse to issue a further alarm system permit for such alarm system.