[Ord. 441, 8/4/2010]
The following definitions shall apply in the interpretation
and enforcement of this Part:
The services provided by the Saxonburg Police Department
and the Saxonburg Volunteer Fire Company and/or any emergency agency
or provider operating within the Borough of Saxonburg or the Commonwealth
of Pennsylvania.
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means, to which emergency
services of the Borough of Saxonburg respond and where it is determined
that the alarm was not the result of a crime in progress, fire, or
medical or other emergency necessitating a response by emergency services.
[Ord. 441, 8/4/2010]
It shall be unlawful for the property owner, lessee or any person
occupying or in control of or otherwise on any premises within the
Borough of Saxonburg to make or cause to be made a false alarm, directly
or indirectly, to any emergency services agency or provider responding
to alarms within the Borough.
[Ord. 441, 8/4/2010]
1.
Whether an alarm is a false alarm as defined herein is to be determined
by the Saxonburg Police Department, Saxonburg Volunteer Fire Company,
or other affected emergency services agency or provider. The decision
shall be final.
2.
Upon notification of a first false alarm within a calendar year,
a written report shall be made within 14 days by the owner or lessee
of the property to the affected emergency services agency or provider
and the Saxonburg Police Department and shall contain what steps have
been taken to eliminate future false alarms.
3.
Service fees for false alarms shall be assessed by and paid to the
Borough of Saxonburg as follows:
A.
A second false alarm in any one calendar year shall require a written
final warning to the property owner or responsible party of the penalties
of this Part.
B.
A third false alarm in any one calendar year shall be subject to
a service fee of $100.
C.
A fourth false alarm in any one calendar year shall be subject to
a service fee of $300.
D.
A fifth and all subsequent false alarms in any one calendar year
shall be subject to a service fee of $500, plus prosecution in accordance
with this Part.
4.
The Borough's Police Department shall be responsible for administering
the terms of this Part.
[Ord. 441, 8/4/2010]
1.
In the event a violation of this Part occurs, in addition to such
other remedies as may be available under existing law, the Borough
of Saxonburg may institute an action in equity to prevent, restrain,
correct, abate or enjoin such violation.
2.
Any person, whether as principal or agent, who violates this Part
or assigns or abets its violation shall, upon conviction thereof before
any Magistrate, be sentenced to pay a fine not less than $100 nor
more than $300, together with the costs of prosecution and service
fees as set forth above. In default of the payment of said fine, costs
and service fees, he or she shall be committed to the county jail
for a period not exceeding 30 days.
[Ord. 441, 8/4/2010]
The fines implemented in this Part shall not be imposed for
a period of six months. The six-month grace period shall begin on
the effective date of this Part. At the completion of the six-month
grace period, any violation of this Part shall be enforced by all
available procedures.
[Ord. 441, 8/4/2010]
1.
Any ordinance, resolution or part thereof in conflict herewith is
hereby repealed to the extent of said conflict.
2.
Nothing in this section is intended to prohibit the prosecution of
false alarms pursuant to 18 Pa.C.S.A. § 7511, as may be
amended, by the emergency service agency or provider responding to
the false alarm or by the Borough.
[Ord. 441, 8/4/2010]
The Borough Council of the Borough of Saxonburg is hereby authorized
and directed to execute any and all documents necessary to effectuate
the purposes of this Part.
