For purposes of this chapter, the following terms are defined as follows:
ALARM SIGNAL
A communication, either direct or through the action of a person
contacting the borough regarding an alarm activation, to the Police and/or
Volunteer Fire Department of the Borough of Heidelberg, indicating that a
crime, fire or other emergency situation warranting immediate action by said
Departments has occurred or is occurring.
NUISANCE ALARM
Any alarm signal that alerts the Borough Police and/or Volunteer
Fire Departments, either directly or through a personal contact, which upon
investigation is not the result of an actual or threatened emergency requiring
immediate response by said Departments.
A.
Nuisance alarms include:
(1)
Negligently or accidentally activating signals.
(2)
Signals which are the result of faulty, malfunctioning or improperly
installed or maintained equipment.
(3)
Signals which are purposely activated to summon emergency services in
nonemergency situations.
(4)
Alarm signals for which the actual cause is not determined.
B.
Alarm signals occurring within the first three months of the initial
installation of a system, due to system malfunction, shall not be considered
nuisance alarms, provided that the borough is presented with sufficient evidence
to verify that the causes of these alarms are being investigated and corrective
action is being taken. Sufficient evidence shall be in written form from a
qualified alarm service company.
It is hereby unlawful for any person and/or other entity with ownership,
custody or control over an alarm signal system or who communicates an alarm
system in any way to purposely or otherwise cause or permit a nuisance alarm
to be activated and/or communicated to the proper authority within the Borough
of Heidelberg. The property owner and/or occupant from whose property the
alarm signal originated or who owns, has custody of or controls the alarm
system sending a nuisance alarm to the borough shall be held responsible for
any communication of nuisance alarms as defined herein.
The person and/or other entity found to be responsible for the communication
of nuisance alarms to the borough shall be assessed a fine by the borough
as follows:
A. First nuisance alarm: no fine.
B. Second nuisance alarm: $50.
C. Third nuisance alarm: $75.
D. A person that owns, uses or possesses an alarm device
or automatic dialing device may not, after causing or permitting three false
alarms to occur in a consecutive twelve-month period, cause or permit a subsequent
false alarm to occur in the same consecutive twelve-month period. A person
that violates this section commits a summary offense and shall, upon conviction,
be sentenced to pay a fine of not more than $300 pursuant to 18 Pa.C.S.A.
§ 7511.
A written notice from the borough describing the receipt of any nuisance
alarm shall be given in writing to all persons or entities held responsible.