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.
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.
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.
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 and other related, statutorily required provisions.