[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 11-6-1995
by Ord. No. 3-95. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 51.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
Any signal activated by an automatic protection device, any audible
alarm or any other kind of direct or indirect signal given to which the fire
company and/or department or emergency response agencies respond which is
not the result of an attempted fire, medical or other similar emergency, excluding
weather extremes and utility interruptions, which activates a protection device.
Includes the Pennsburg Borough Fire Company known as "Pennsburg Fire
Company No. 1" and any other emergency response agency situate within the
Borough of Pennsburg, e.g., ambulance, fire and rescue.
It shall be unlawful for the property owner, lessee or any person occupying
or otherwise on any premises within the Borough of Pennsburg to make or cause
to be made a false fire alarm, directly or indirectly, to any fire company
or other emergency response agency responding to alarms within the Borough
of Pennsburg when the false alarm is caused by faulty detection of alarm equipment
or by the negligence of said property owner, lessee or person.
A.
The status of an alarm is to be determined by the Chief
of the Pennsburg Fire Company, or other affected emergency response agency,
and the decision shall be final.
B.
Within 15 days' receipt by the Secretary of the
Borough of Pennsburg of a report of a false alarm by the Pennsburg Borough
Fire Company and/or the emergency response agency, the Borough of Pennsburg
will forward a notice of the false alarm to the record titled owner or lessee
of the property, whereat the false alarm owner or lessee of the property whereat
the false alarm occurred and advise said property owner or lessee of the obligations
of the owner or lessee to correct the alarm system and the possible penalties
that could result from multiple false alarms as hereinafter set forth; a copy
of this chapter shall constitute sufficient notice to a property owner or
lessee that fines and penalties, as set forth hereinafter, will be imposed,
as well as be sufficient to inform the property owner or lessee of his, her
or their responsibility to correct the alarm system.
C.
Upon notification of a false alarm, a written report
shall be made within 14 days by the owner or lessee to the affected emergency
response agency and shall contain what steps have been taken to eliminate
future false alarms.
D.
Service fees for false alarms shall be assessed by the
Borough of Pennsburg as follows:
[Amended 5-2-2005 by Ord. No. 2-05]
A.
In the event that a violation of this chapter occurs,
in addition to such other remedies as may be available under existing law,
the Borough of Pennsburg may institute an action in equity to prevent, restrain,
correct, abate or enjoin such violation.
B.
Any person, whether as principal or agent, who violates
this chapter or assists or abets its violation shall, upon conviction thereof
before any Magistrate, be sentenced to pay a fine of not less than $50 nor
more than $600, together with the costs of prosecution, and in default of
the payment of said fine and costs shall be committed to the Montgomery County
Prison for a period not exceeding 30 days. Each violation shall constitute
a separate offense, for which a summary conviction may be sought.
[Amended 5-2-2005 by Ord. No. 2-05]
