[HISTORY: Adopted by the Board of Supervisors of the Township of
Loyalsock 1-27-1998 by Ord. No. 272. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning
indicated, except where the context clearly indicates a different meaning.
An assembly of equipment and devices or a single device, such as
a solid state unit, which uses electrical energy to signal the presence of
a hazard requiring urgent attention such as a burglary, robbery, fire, smoke
or the need for medical assistance within a building, structure or facility,
or for alerting others to the commission of an unlawful act or hazard within
the building, structure or facility and to which firemen, policemen or public
safety officers are expected to respond, and which emits a sound or transmits
a signal or message when actuated. Alarm system includes, but is not limited
to the terms "audible alarm system," "fire alarm system" and "manual holdup
alarm system" as those terms are hereinafter defined. Excluded from the definitions
of "alarm systems" are systems used solely to alert or signal persons within
the premises in which the alarm system is located, that are not audible from
exterior of building.
Any person, corporation, partnership or association owning, leasing,
occupying or found in charge of any premises wherein an alarm system is located.
A telephone answering service providing the service of receiving
emergency signals from an alarm system and thereafter relaying the emergency
alarm by voice to the Lycoming County Communications Center and/or the State
Police or other responding agencies.
An alarm system which generates an audible sound on the premises
when it is activated, which sound can be heard by persons not on the premises
(although it may be also heard on the premises).
An alarm signaling an entry or an attempted entry in the area protected
by the alarm system, triggered by the action of the intruder.
An alarm signaling an entry or an attempted entry in the area protected
by the alarm system.
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner or lessee of an alarm
system or his employees or agents. It will be determined by the responding
agency, fire, police, etc., if a false alarm has indeed occurred. Their decision
is final unless physical proof is presented to the contrary.
An alarm system, signaling fire and/or smoke in the area protected
by the alarm system, and shall include, but not be limited to, all fire alarms,
smoke alarms or sprinkler alarms.
Refers to an alarm in which the signal transmission is initiated
by the direct action of the person attacked or by an observer of the attack.
Shall mean and include any one or more of the alarm systems described
in this chapter.
The person who buys, leases or otherwise obtains for use upon the
premises within the township an alarm system or contracts with or hires an
alarm business to monitor or service the alarm system.
It shall be the responsibility of owners of alarms systems and/or alarm
subscribers to provide both to the Loyalsock Fire Company and to the State
Police the names, addresses and telephone numbers of at least two persons
who can be reached by telephone and who can provide entry into the premises
wherein an alarm is located for the purpose of terminating an alarm signal.
No alarm system shall be tested with a resulting transmission of an
alarm without first notifying the Lycoming County Communications Center.
Should the Township of Loyalsock or any of its agents, employees or
representatives or the Loyalsock Township Fire Company be called to help or
assist in connection with any alarm, whether fire or burglar alarm, it shall
be a condition upon the installation of such system and the notification of
the State Police, other agents, employees or representatives of Loyalsock
Township or any Fire Company operating within Loyalsock Township, that the
alarm user, owner of alarm system, or any alarm subscriber, do hereby hold
Loyalsock Township, its officers, employees, agents and/or any other Fire
Company or fire official operating within Loyalsock Township, harmless from
any and all damage that the subscriber or owner may have to its structure
or personal property in connection with the entry on the premises by such
department or any other Fire Department, their agents and employees, entering
the premises of the subscriber. Furthermore, each subscriber, as a condition
of use and response, does hereby indemnify Loyalsock Township, its officers,
agents, employees or any Fire Department or its agents, from any and all damages
they may incur in regard to such response, including but not limited to personal
injury or loss of person or property of any kind, and agree to reimburse said
Loyalsock Township, its agents, officers and employees, any Fire Company,
its agents, officers and employees or volunteers, from any such loss, including
but not limited to any attorney's fees and costs incurred in the event that
the Township of Loyalsock, its officers, agents, employees or representatives
or any Fire Company be made party to any legal proceedings or finds it necessary
to bring a suit in order to collect the same for such damages, injuries or
losses. Should no owner or representative of the owner of the alarm system
respond within a reasonable time period the Fire Company or State Police will
not be liable for any costs resulting from actions after they leave the premise.
Each subscriber, owner or user of any alarm system shall pay to the
Township of Loyalsock a charge in the event that a false alarm is transmitted
to the Lycoming County Communications Center or directly to any township or
fire official operating within Loyalsock Township as follows:
A.
For the first two false alarms in any consecutive twelve-month
period: no charge. The owner will be informed in writing following the second
false alarm.
B.
For the third false alarm in any consecutive twelve-month
period: $50.
C.
For the fourth false alarm in any consecutive twelve-month
period: $100.
D.
For the fifth and subsequent false alarms in any consecutive
twelve-month period: $200.
E.
After the sixth false alarm termination of responses
will be considered upon written notification by certified mail.
A.
When a false alarm occurs, any of Loyalsock Township's
agents and employees or any Fire Company, its employees or agents working
within Loyalsock Township shall within 20 days from the date of notification
of the second false alarm, notify the subscriber of the alarm device (provided
that a proper address has been given to such officer, employee or agent of
Loyalsock Township or any Fire Company operating within Loyalsock Township)
from which the false alarms emanated, that two false alarms have occurred.
Such notification shall be in writing and mailed to the last known address
of the subscriber at the location of the alarm. Failure of the township, its
officers or employees or any Fire Company operating within Loyalsock Township
to mail the notice of false alarm within such 20 days of the occurrence of
the second false alarm shall preclude the township from assessing the false
alarm charge for future false alarm or alarms until such notice has been mailed.
B.
A false alarm charge shall be due and payable at the
office of the Loyalsock Township 15 days from the date of the mailing of the
notice of assessment of the charge.
C.
Failure of the subscriber of the premises wherein the
false alarm occurred to pay the false alarm charge on or before the date due
shall constitute a violation of this chapter, and an additional charge of
$50 shall be thus forthcoming to cover the township charges in connection
with the enforcement proceedings hereinafter described.
D.
Should any owner or alarm subscriber fail to comply with § 79-2 of this chapter and fail to provide at least two names to Loyalsock Township or the Communications Center, within 60 days from the date of this chapter or within 60 days of installation of any new alarm system, they shall be in violation of § 79-2 and shall be subject to a fine of $200.
Alarm conditions caused by the following circumstances shall not constitute
a false alarm for which a user fee is imposed. Alarm system malfunctions,
if:
A.
A person who has accidentally caused a false alarm immediately
calls the Lycoming County Communications Center in time to prevent a response
of the Police or Fire Department to the premises.
B.
Alarm is activated by storm conditions, motor vehicle-utility
pole collisions, disruption of telephone company service or other natural
disaster.
C.
A subscriber takes corrective measures within 72 hours
after the alarm has been transmitted and provides written notice to Loyalsock
Township, or in the case of fire alarms to the responding Fire Company, that
repairs have been done or will be done within 30 days from the date of the
transmission.
Any person who violates or permits a violation of this chapter, upon
being found liable therefor in a civil enforcement proceeding, shall pay a
fine of not 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 and/or Court. 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.
