[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Hanover as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-1992 by Ord. No. 92-5]
The following definitions shall apply in the interpretation and enforcement of this article:
- FALSE ALARM
- Any signal activated by an automatic protection device, any audible alarm or any other kind of direct or indirect signal given to which police, fire department or emergency response agencies respond which is not the result of an attempted illegal entry, burglary, intrusion, fire, medical or other similar emergency, excluding weather extremes and utility interruptions, which activates a protection device.
It shall be unlawful for the property owner, lessee or any person occupying or otherwise on any premises within Upper Hanover Township to make or cause to be made a false fire or security alarm, directly or indirectly, to any police department, fire company or emergency response agency responding to alarms within the Township when the false alarm is caused by faulty detection or alarm equipment or by the negligence of said property owner, lessee or person.
The status of an alarm is to be determined by the police department, fire company or other affected emergency response agency, and the decision shall be final.
Within 15 days of receipt by the Secretary of Upper Hanover Township of a report of a false alarm by an emergency response agency, Upper Hanover Township will forward a notice of the false alarm to the record title owner or lessee of the property whereat the false alarm occurred and advise said property owner or lessee of the obligations of the owner or lessee to correct the alarm system and the possible penalties that could result from multiple false alarms as hereinafter set forth; a copy of this article shall constitute sufficient notice to a property owner or lessee that fines and penalties, as set forth hereinafter, will be imposed as well as be sufficient to inform the property owner or lessee of his, her or their responsibility to correct the alarm system.
Upon notification of a false alarm, a written report shall be made within 14 days by the owner or lessee to the affected emergency response agency and shall contain what steps have been taken to eliminate future false alarms.
Service fees for false alarms shall be assessed by the Township as follows:
Third false alarm in any one calendar year shall be subject to a service fee not to exceed $50.
Fourth false alarm in any one calendar year shall be subject to a service fee not to exceed $100.
Fifth and subsequent false alarms in any one calendar year shall be subject to a service fee not to exceed $200.
In the event a violation of this article occurs, in addition to such other remedies as may be available under existing law, the Township may institute an action in equity to prevent, restrain, correct, abate or enjoin such violation.
Any person, whether as principal or agent, who violates this article or assists or abets its violation, shall, upon conviction thereof before any Magisterial District Judge, be sentenced to pay a fine of not less than $50 nor more than $500, together with the costs of prosecution and, in default of the payment of said fine and costs, shall be committed to the Montgomery County Prison for a period not exceeding 30 days. Each violation shall constitute a separate offense for which a summary conviction may be sought.