[HISTORY: Adopted by the Board of Supervisors of the Township of White as indicated in article histories. Amendments noted where applicable.]
Construction — See Ch. 120.
[Adopted 2-25-1998 by Ord. No. 950]
As used in this article, the following terms shall have the meanings indicated:
- AUTOMATIC PROTECTION DEVICES
- Any electrical or sensory operated instrument or apparatus which automatically transmits or causes to be transmitted a fire alarm to the Fire Department.
- FALSE ALARM
- Any fire alarm transmitted to the Fire Department as a result of an automatic protection device and upon response by the Fire Department it is determined that no fire had occurred, excepting false alarms caused by an act of God. A false alarm shall be considered to have been caused by an act of God when it happens by a direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of man and without human intervention, and shall include, but not be limited to, false alarms caused by wind, storm, lightening, flood and power failure.
- FIRE DEPARTMENT
- The Indiana Volunteer Fire Department or any other fire department serving White Township.
The owner, lessee or user of an automatic protection device shall be permitted three false alarms within a calendar year for whatever reason at no penalty. The exemption from penalty for three false alarms within a calendar year shall be in addition to any false alarms caused by an act of God as defined in § 81-1, "false alarm." After three false alarms, the owner, lessee or user of an automatic protection device shall be notified, in writing, to take the necessary action to correct the cause of the false alarm.
After three false alarms have occurred within a calendar year, it shall be the responsibility of the Fire Department to file a complaint with the Township, in writing, to include the dates, times and locations of the false alarms and the name and address of the owner, lessee or user of the automatic protection devices in question. Upon receipt of the complaint, the Township shall notify, in writing, the owner, lessee or user of the automatic protection device to take the necessary action to correct the cause of the false alarm. Upon notification by the Fire Department, presented to the Township in the same manner as outlined above, that subsequent false alarms have occurred, the Township shall impose penalties as set forth in § 81-4 below.
In the event that there are more than three false alarms within a calendar year, the owner, lessee or user of an automatic protection device who fails to comply with any provision of this article shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.