[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-11-1994 by Ord. No. 301 (Part
10, Ch. 3, Art. A, of the 1987 Code)]
This article shall be known as the "Borough
of Trappe Alarm Ordinance."
This article is deemed expedient and necessary for the maintenance of peace, good government and the welfare of the Borough of Trappe, Montgomery County, within the meaning of Article XII of the Borough Code, and particularly Subsection 6 of Section 1202 of such Code.[1]
[1]
Editor's Note: See 53 P.S. § 46202(6).
This article is intended to serve the following
purposes:
A.
To encourage owners of automatic fire, security and
emergency detection and alarm devices to maintain such devices properly
in order to prevent false alarms.
B.
To discourage false alarms, which unnecessarily divert
police, fire and emergency services from legitimate demands for service.
C.
To fund the expense of the enforcement and administration
of the provisions of this article by requiring payment of service
fees from owners of automatic detection alarm devices for multiple
false alarms so that the general revenues of the Borough are not required
to bear the expense.
The following definitions shall apply to the
interpretation and enforcement of this article:
Borough of Trappe, Montgomery County, Pennsylvania.
Any signal activated by an automatic fire, security or emergency
detection or alarm device, any audible alarm or any other kind of
direct or indirect signal to which police, fire department or emergency
response agencies respond and 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
activate such devices.
It shall be unlawful for the property owner,
lessee or other person occupying or otherwise on any premises within
the Borough to make, permit or cause a false alarm, directly or indirectly,
to any police department, fire company or emergency response agency
when the false alarm is caused intentionally, caused by faulty detection
alarm equipment, or caused by the negligence of the property owner,
lessee or other person.
A.
The status of an alarm as a false alarm shall be determined
by the Borough Code Enforcement Officer, whose decision shall be final.
B.
Within 15 days after receipt by the Borough of a report
of a false alarm by police, fire department or emergency response
agency, the Borough Code Enforcement Officer will serve a written
notice of the false alarm to the record title owner or lessee of the
property where the false alarm occurred, notifying said property owner
or lessee of the obligations of the property owner or lessee to take
corrective action to remedy the cause of the false alarm and of the
possible service fees and penalties that could result from multiple
false alarms as hereinafter set forth. Service of the notice shall
be made by certified mail, return receipt requested, or by personal
service. A copy of Ordinance No. 301 shall constitute sufficient notice
to the property owner or lessee that the service fees and penalties
hereinafter set forth may be imposed and shall as well be sufficient
to inform the property owner or lessee of his, her or their responsibility
to take corrective action to remedy the cause of the false alarm.
C.
Upon notification of a false alarm, a written report
shall be made within 14 days by the owner or lessee delivered to the
Borough Code Enforcement Officer. The report shall set forth what
corrective action has been taken to remedy the cause of the false
alarm and to eliminate future false alarms.
D.
Service fees for multiple false alarms shall be assessed
by the Borough as follows:
(1)
A third false alarm in any one calendar year shall
be subject to a service fee not to exceed $50;
(2)
A fourth false alarm in any one calendar year shall
be subject to a service fee not to exceed $100;
(3)
A fifth and subsequent false alarms in any one calendar
year shall be subject to a service fee not to exceed $200.
E.
Service fees shall be billed by the Borough to the
property owner or lessee and shall be paid within 60 days from the
date of the bill. Interest on delinquent bills shall accrue at the
rate of 10% per year, and the amount due plus accrued interest may
be filed as a municipal lien upon the property of the owner or lessee
and collected as provided by the Pennsylvania Municipal Claims Act.[1]
[1]
Editor's Note: See 53 P.S. § 7101
et seq.
Any property owner, lessee or other person who
violates the provisions of this article shall be subject to a fine
not exceeding $300 for any single violation of this article.
[Adopted 11-4-2009 by Ord. No. 414]
A.
The owner of any structure or property required to have a key lock
box shall ensure that the Trappe Borough Volunteer Fire Department
and the Trappe Borough Fire Marshal have unobstructed access to the
key lock box at all times.
B.
The key lock box shall contain the keys for exterior doors and/or
gates at the property, the keys for interior doors and/or gates within
the building, and the keys to doors and/or panels that control access
to shared systems (i.e., HVAC, elevators, alarm panels, sprinkler
controls and electrical panels), as determined by the Fire Marshal.
Each key shall be clearly labeled and easily identifiable.
C.
The owner of any structure or property required to have a key lock
box, or the owner's designee, shall be present whenever the Trappe
Borough Volunteer Fire Department and/or the Trappe Borough Fire Marshal
access the lock box for the owner's structure or property except
when the Fire Department has responded to an emergency at the structure
or property.
D.
The owner of any structure or property required to have a key lock
box shall ensure that all keys contained in the key lock box are up-to-date
and provide access to all required areas both on the property and
in the structure. Whenever a lock is changed or new doors, gates,
or panels are installed on the property or in the structure, the owner
shall contact the Trappe Borough Fire Marshal within 48 hours of said
change or installation so to have the keys for any new lock, door,
gate, or panel placed in the lock box.
E.
The owner of any structure or property required to have a key lock
box shall provide the Trappe Borough Volunteer Fire Department and
the Trappe Borough Fire Marshal with up-to-date contact information
that includes the owner's name, addresses, and facsimile, telephone,
mobile phone and pager numbers. Any change in this information must
be provided in writing to the Trappe Borough Volunteer Fire Department
and the Trappe Borough Fire Marshal at least 48 hours in advance of
the change occurring, along with the date said change is to take place.
F.
Trappe Borough assumes no liability for any of the following:
(1)
Any defect in the operation of the key lock box; any problems with
any of the keys in said lock box; and/or any deficiency or flaw with
the information stored within the key lock box or otherwise provided
to the Trappe Borough Volunteer Fire Department and the Trappe Borough
Fire Marshal.
(2)
The failure or neglect of any owner of a structure or property required
to have a key lock box to install or maintain said lock box or to
provide unobstructed access to same.
(3)
Any breach in security of any structure or property required to have
a key lock box due to access to the said lock box by any person.
(4)
Any harm, damage, or injury to any person or property arising out
of or due to the installation or use of the key lock box or the failure
to install and/or use such a lock box.
G.
The owner shall indemnify and hold the Borough of Trappe, Trappe
Borough Volunteer Fire Department and the Trappe Borough Fire Marshal
harmless as to any harm, damage, or injury caused to the person or
property of any third party arising out of or due to the installation
or use of the key lock box or the failure to install and/or use such
a lock box.
