[HISTORY: Adopted by the City Council of the City of Scranton 11-1-2022 by Ord. No. 29-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 152, Alarms and Alarm Systems, adopted 12-13-2012 by Ord. No. 79-2012, amended 7-2-2014 by Ord. No. 31-2014.
The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, word used in the present tense include the future; words in the plural include the singular number; and words in the singular shall include the plural.
ALARM
Communication to the Scranton Fire Department indicating a crime or other emergency situation warranting immediate action by the Scranton Fire Department has occurred or is occurring.
ALARM DEVICE
Any device designated to automatically transmit an alarm by wire, telephone, radio, or other means: 1) directly to the Scranton Fire Department; 2) to a person who is instructed to notify the Scranton Fire Department of the alarm; or 3) to activate a bell or sounding device to be heard outside the building which is intended to alert the Scranton Fire Department or others to the existence of a crime or other emergency situation warranting Scranton Fire Department action.
ENTITY
An individual, corporation, partnership, property owner, tenant incorporated association or other similar property owner, inhabitant, guest, or trespasser.
FALSE ALARM
The willful, knowing, intentional, reckless, or negligent activation of an alarm device or transmission of a signal, message, or other notification of an event of fire or a bomb threat to which the Scranton Fire Department responds, which does not warrant emergency response. This includes transmissions via the public telephone network using the local emergency reporting number of the fire department or another emergency service agency, transmissions via fire alarm system directly tied to the fire department, and transmissions via a central-station-monitored fire alarm system. Testing a fire extinguishing system without fire department notification also constitutes a false alarm.
NUISANCE ALARM
The activation of any alarm system which results in a response by the Scranton Fire Department, caused by mechanical failure, malfunction, improper installation, lack of proper maintenance, or any other response for which the fire company is unable to determine the apparent cause of the alarm activation. Alarm activations caused by earthquakes, severe weather, or power outages are not considered nuisance alarms.
VENDOR
The third-party billing provider who has contractually agreed to collect penalties and/or other fees associated with this chapter.
A. 
Any entity causing false alarm(s) or nuisance alarm(s) for any reason shall pay to the City a charge for each and every false alarm to which the Scranton Fire Department responds, in each calendar year, pursuant to § 152-3 below.
B. 
When a false alarm or nuisance alarm occurs, the Scranton Fire Department or its vendor, within 15 days from the date of a false alarm, shall notify the entity owning the property at which the alarm device sounded or the entity causing said alarm that a false alarm charge is due in the amount thereof. Said notice shall be in writing and mailed to said entity at its last known address by regular mail. Failure by the Scranton Fire Department or its vendor to mail notice of assessment of an alarm charge within one year from the date of occurrence of the false alarm shall preclude the Scranton Fire Department from assessing a false alarm charge.
C. 
A false alarm or nuisance alarm charge shall be due and payable to Scranton Fire Department vendor 30 days from the date of the mailing of the notice of assessment. Failure to pay a false alarm or nuisance alarm fine shall subject the alarm device user to the penalty provisions as more fully set forth herein.
(1) 
If a vendor is used, the vendor shall submit a monthly report to the City of Scranton Fire Chief or their designee including, but not limited to, the following information:
(a) 
Name of entity which has been assessed a false alarm or nuisance alarm charge;
(b) 
The address of the property to which the Scranton Fire Department responded;
(c) 
The date upon which said response was made;
(d) 
The amount of the false alarm or nuisance alarm charges outstanding as of the last day of the preceding month;
(e) 
Any payment made on the account and the date of said payment; and
(f) 
List of delinquent names.
(2) 
If no vendor is used, Scranton Fire Department Chief shall ensure such a report is prepared and updated at least monthly.
D. 
Failure of an entity causing a false alarm or nuisance alarm to pay an alarm charge on or before the date due shall constitute a violation of this chapter and shall subject said entity to the penalties set forth in § 152-7 hereof. The Scranton Fire Department shall be responsible for filing the appropriate legal complaint with the District Judge within whose jurisdiction the property is located.
Should any alarm device described in the above sections cause a false alarm or nuisance alarm during any calendar year to date, then a graduated service charge shall be levied against the entity per occurrence in accordance with the following:
A. 
First and second alarm: no service charge.
B. 
Third and fourth alarm: $250 each.
C. 
Fifth alarm: $500 each.
D. 
Sixth and subsequent alarms: $1,000 each.
The following shall not be considered false alarms or nuisance alarms:
A. 
Alarms caused by the testing, failure, or repair of telephone equipment lines.
B. 
Alarms caused by an act of God, such as earthquakes, flood, windstorm, thunder, or lightning.
No person shall conduct or test any alarm device without first obtaining permission from the Scranton fire alarm company, or notification of the Lackawanna County 911 Center. Failure to notify the Scranton Fire Department of said testing shall cause an entity to be assessed a charge as defined in § 152-3 above.
The City of Scranton through the Scranton Fire Department shall have the responsibility and authority to assess the fees as herein provided.
Any entity which shall fail, neglect, or refuse to comply with any of the terms or provisions of this chapter or of any regulation or requirement, pursuant hereto and authorized hereby, shall upon conviction thereof, be ordered to pay a fine of $300 and in default of payment of fines and costs, imprisoned not more than 90 days. Each day's violation shall constitute a separate offense. Should the City be required to institute collection and/or legal proceedings against an entity for failure or refusal to pay service charges hereunder, said entity will be responsible for all of the City's costs associated with said collection and/or legal proceedings, including, but not limited to, the City's reasonable attorneys' fees.
A. 
Appeals process.
(1) 
Assessments of civil penalty(ies) and other enforcement decisions made under this chapter may be appealed by filing a written notice of appeal with the Scranton City Fire Department within 30 days after the date notification is sent of the assessment of civil penalty(ies) or other enforcement decision. The failure to give such notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalty(ies) or other enforcement decision. Appeals shall be heard by the Scranton Fire Department Chief or their designee. Any entity aggrieved by the action or decision of the Scranton Fire Department Chief shall have the right to appeal such decision or order to the Housing Board of Appeals, pursuant to that Board's rules, regulations, and procedures as contained in File of the Council No. 37 of 2014.[1]
[1]
Editor's Note: See Ch. 360, Art. I.
(2) 
Any person making an appeal to the Housing Board of Appeals will be notified when to appear before the Board within 30 days. The Board will hold a public hearing and, upon evidence and testimony submitted, will render a decision. Any party not in compliance with the decision or order from the Board shall be subject to the penalties of this chapter. Any party who seeks to reschedule or cancel an appeal hearing must provide prior notice of five business days of the scheduled hearing. Failure to provide proper notice shall be deemed a violation and subject to a late fee of $150, payable to the Scranton Fire Department. All late fees must be paid prior to scheduling another hearing date.
(3) 
Any entity aggrieved by a decision of the Housing Board of Appeals may appeal to the Court of Common Pleas of Lackawanna County. Appeals shall be made to the proper court within 30 days after the Board's decision.
B. 
Appeal standard. The appeal from the assessment of civil penalty(ies) or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of civil penalty(ies) or other enforcement decision, the Scranton Fire Department Chief or their designee shall have the discretion to dismiss or reduce civil penalty(ies) or reverse any other enforcement decision where warranted.
In the interest of public safety, all information contained in and gathered through the alarm registration applications, no response records, applications for appeals and any other alarm records shall be held in confidence by all employees and/or representatives of the City or county, to the extent legally permissible by the Pennsylvania Right to Know Act[1] and other related, statutorily required provisions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.