Borough of Ephrata, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 5-11-1987 by Ord. No. 1163. Amendments noted where applicable.]

§ 115-1 Purpose.

The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices which require response thereto by the Police Department, Fire Department or other municipal agencies.

§ 115-2 Applicability.

The provisions of this chapter shall apply to any person who operates, maintains or owns any alarm device, dial alarm or local alarm designed to summon the Police, Fire Department or other municipal agencies to any location in response to any type of alarm signal.

§ 115-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALARM CONSOLE
The console or control panel of devices giving a visual or audio response, or both, and located within the confines of Lancaster County Control or elsewhere.
ALARM DEVICE
Any type of alarm system actuating equipment in the alarm console providing warning of intrusion, fire, smoke, flood or other peril.
ALARM SYSTEM
An alarm device, dial alarm or local alarm or any combination of the same.
DIAL ALARM
That type of a device using telephone lines transmitting an alarm directly to Lancaster County Control or other approved site.
FALSE ALARM
Any alarm actuated by inadvertence, negligence or unintentional act of someone other than an intruder and shall include, as well, alarms caused by malfunctioning of the alarm system or other relevant equipment but shall not include alarms created by malfunction of the alarm console.
LOCAL ALARM
Any alarm or device which, when actuated, produces a signal not connecting to the alarm console, such as a store or home burglar alarm actuating bell or horn devices.
PERSON
Includes any natural person, partnership, corporation or association.

§ 115-4 False alarms.

[Amended 4-8-1996 by Ord. No. 1279; 2-11-2008 by Ord. No. 1440]
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations of the Police Department of Ephrata Borough. In addition, in the case of false alarms, the Police Chief, or his or her designee, shall cause an investigation to be made and keep a record of said false alarms on file. For such false alarms, the Borough Council prescribes the following penalties:
A. 
For the first false alarm in any given calendar year, a warning shall be issued and the Police Chief, or his or her designee, shall notify the person occupying the premises upon which the alarm system is located that a false alarm has been received and that any further false alarms during the same calendar year will result in penalties as set forth in this chapter.
B. 
For the second false alarm received in the same calendar year, an administrative fee payable to Ephrata Borough shall be imposed, which fee shall be established from time to time by resolution of the Borough Council.[1] The administrative fee hereby imposed shall be payable in lieu of a fine hereinafter imposed by this chapter.
[1]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
C. 
For the third false alarm in the same calendar year, an administrative fee payable to Ephrata Borough shall be imposed, which fee shall be established from time to time by resolution of the Borough Council.[2] The administrative fee hereby imposed shall be payable in lieu of a fine hereinafter imposed by this chapter.
[2]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
D. 
For the forth false alarm in the same calendar year, an administrative fee payable to Ephrata Borough shall be imposed, which fee shall be established from time to time by resolution of the Borough Council.[3]The administrative fee hereby imposed shall be payable in lieu of a fine hereinafter imposed by this chapter.
[3]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
E. 
For the fifth and subsequent false alarm in the same calendar year, an administrative fee payable to Ephrata Borough shall be imposed, which fee shall be established from time to time by resolution of the Borough Council.[4] The administrative fee hereby imposed shall be payable in lieu of a fine hereinafter imposed by this chapter.
[4]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.

§ 115-5 Notice of violation; service of notice.

Notice as required by this chapter shall be given by the Police Chief, or his or her designee, to the person occupying the premises upon which the alarm system is located by mailing a copy of the notice, certified mail, return receipt requested, to such person at the address where the alarm system is located. A notice may also be given by personal service of the notice by handing a copy of the same to the occupant of the premises upon which the alarm system is located or to an adult resident thereof or an employee located thereon. If service is made by personal service, the Police Chief, or his or her designee, shall file a proof of service which shall be under oath and which shall designate the person and title upon whom service was made.

§ 115-6 Violations and penalties.

[Amended 4-8-1996 by Ord. No. 1279; 2-11-2008 by Ord. No. 1440]
A. 
Any person found guilty of violating the terms of this chapter or any person who shall fail to pay the administrative fee for false alarms in excess of one in the same calendar year shall, upon conviction in a summary proceeding, be subject to a fine of not more than $600, plus costs of prosecution, and in default of payment thereof, to imprisonment for a period of not exceeding 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.
B. 
Institution of a prosecution for the imposition of the foregoing penalties shall not be construed to limit or deny the right of the Borough to such equitable or other remedies as may be allowed by law.