[HISTORY: Adopted by the Board of Supervisors of the Township of
Kilbuck 12-19-1990 by Ord. No. 24. Amendments
noted where applicable.]
The historical recitations set forth herein are incorporated by reference
thereto.[1]
[1]
Editor's Note: Said historical recitations of the original ordinance
are on file in the Township offices.
As used in this chapter, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Any false alarm which is not an intentional false alarm as defined
herein or an alarm not caused by an intrusion, crime, fire or other emergency
which has actually occurred.
A communication to the public indicating that a crime, fire or other
emergency situation warranting immediate action by the Police Department has
occurred or is occurring.
A mechanical device designed to automatically transmit an alarm by
wire, telephone, radio or other means to anyone, including the public, or
to activate a bell or sounding device to be heard outside a building which
is intended to alert the Police and/or Fire Departments or others to the existence
of a crime, fire or other emergency situation warranting police action.
An alarm to which the Police Department and/or Fire Departments respond
resulting from the activation of an alarm device when a crime, fire or other
emergency warranting immediate action by the Police Department and/or Fire
Department has not in fact occurred.
A false alarm resulting from the intentional activation of an alarm
device by an individual under circumstances in which that individual has no
reasonable basis to believe that a fire, crime or other emergency warranting
immediate action by the Police Department has occurred or is occurring.
A.
Any persons, firms, corporations, partnerships, businesses or
other entities within the Township of Kilbuck with alarms must submit a statement
to the Police Department indicating: their name; the home and business address
and telephone number of an individual responsible for said alarm; the location
in which the alarm device will be installed and operated; the names, addresses
and telephone numbers of at least two individuals who have keys to the premises
at which the alarm device is located and who are authorized to enter the premises
at any time but do not reside at the premises on which the alarm is located;
and general written description of the device and a description of the sound
of the device.
B.
It shall be unlawful for a property owner or renter to operate
an alarm device on the premises without furnishing the above information to
the Police Department or, if said alarm device was in operation on the effective
date of this chapter, to continue to operate an alarm device on the premises
without furnishing the above information to the Police Department within 90
days after the effective date of this chapter.
A.
If an alarm device is designed to cause a bell, siren
or other sound-making device to be activated on or near the premises on which
the alarm device is installed, said alarm device shall be designed to deactivate
the bell, siren or other sound-making device after 30 minutes
of continuous operation. In the event an alarm device which is in operation
on the effective date of this chapter cannot be modified to contain such a
device, the alarm device shall be replaced within 90 days of the effective
date of this chapter, but the use of it shall be permitted until replaced
or until the expiration of the 90 days, whichever comes sooner.
B.
All alarm devices shall meet the applicable standards
of the Underwriters Laboratories and of the National Fire Protection Association
and/or any other recognized industry standards and shall be permitted only
under this chapter if in conformity hereto.
C.
The sensory mechanism used in connection with the alarm
device must be adjusted to suppress false indications of fire or intrusion
so that the alarm device will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises such as
rattling or vibrating of doors or windows, vehicular noise adjacent to the
premises or other forces unrelated to genuine alarm situations.
A.
Intentional false alarms. No person shall create an intentional
false alarm.
B.
Accidental false alarm.
(1)
Any person operating any commercial venture causing,
permitting, or owning an alarm on which an accidental alarm is caused shall
pay to the Township of Kilbuck a charge for each and every false alarm to
which the Police and/or Fire Departments respond in each calendar year, commencing
January 1, 1991, according to the following schedule:
(2)
Any person who is the owner or renter of any residence
causing, permitting or owning an alarm on which accidental alarm is caused
shall pay to the Township of Kilbuck a charge for each and every false alarm
to which the Police and/or Fire Departments respond in each calendar year,
commencing January 1, 1991, as follows:
(3)
A false alarm charge shall be due and payable at the
office of the Township Secretary within 30 days from the date of the mailing
of the notice of assessment of the charge. Failure of an individual or owner
of an alarm to pay the said false alarm charge on or before the due date shall
constitute a violation of this chapter and subject the person to the penalties
set forth hereinafter.
No person, firm, corporation, partnership, business or other entity
shall conduct or test any alarm device without first obtaining permission
from the Police Department.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not less than $100
nor more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of the violation by the
District Justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules of
Civil Procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
