As used in this chapter, the following terms shall have the meanings
indicated:
Any electrically operated system composed of sensory apparatus and
related hardware which upon receipt of a stimulus from the sensory apparatus
that detects a condition inherently characteristic of an intrusion, sounds
an audible alarm and/or automatically transmits a signal over regular telephone
lines, by direct or indirect connections, to a communication center or to
the police department.
Any signal activated by an APS and ultimately transmitted to the
police department, fire company, emergency medical service or any audible
alarm that alerts passerby, neighbors or others, either of which is not the
result of an intrusion, crime, fire or other emergency. False alarms shall
include any alarm generated, caused or otherwise activated by a malfunction
of the APS.
Any person other than the property owner, who by a lease has exclusive
possession of property.
Any person or entity in whose name property is registered by deed.
A.
Within 30 days after the police respond to an APS alarm,
the Mayor or in his absence the Police Chief, shall determine whether or not
the alarm was false. If a determination is made that the alarm was false the
property owner or lessee shall be so notified in writing within seven days
from the date of determination.
B.
A false alarm charge, determined in accordance with Subsection
C(3), shall be due and payable to the Borough within 30 days of the mailing
date of the notice of assessment of the false alarm charge.
C.
Subject to the right of Council by resolution to amend
their fines from time to time, false alarm charges shall be assessed at the
rate of $50 per occurrence.
D.
Owners and lessees of premises should be jointly and
severally liable for all false alarm charges, independent and without regard
to any lease provisions between the owner and lessee.
False alarm charges shall not be assessed upon the following entities:
A.
Any person or entity not paying any fee established in § 42-2 shall be in violation of this chapter.
B.
Any person violating this chapter shall, upon conviction
thereof, be sentenced to pay a fine in an amount not to exceed $600 plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
