[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 12-4-1995 by Ord. No. 1299 (Ch. 1442 of the 1982 Code). Amendments
noted where applicable.]
For the purpose of this chapter, the following terms are defined
as follows:
A communication by any source, means or entity to the Green
Tree Police Department, the Green Tree Volunteer Fire Company or the
Green Tree emergency medical service, or to any dispatching service
providing communication services to the Borough of Green Tree, indicating,
alerting or attempting to advise of a crime, fire or other emergency
situation warranting, requesting or directing that immediate action
be taken by the Green Tree Police Department, the Green Tree Volunteer
Fire Company and/or any medical rescue team or emergency services
provided by the Borough of Green Tree, hereinafter collectively referred
to as "providers of emergency services."
An electrical or electronic device designed to:
Transmit automatically an alarm, by wire, telephone, radio or
other means, directly to a person or other entity who or which is
instructed or requested to notify the Green Tree Police Department,
the Green Tree Volunteer Fire Company, the Green Tree emergency medical
service or any dispatch center providing such communication to the
Borough of Green Tree or any medical rescue or paramedic teams of
the Borough of Green Tree; or
Sound a general alarm to alert passersby or neighbors of an
emergency situation, the purpose and intent of which is to bring the
need for emergency services to the general populace and/or to notify
any providers of emergency services in the Borough of Green Tree.
An electrical or electronic device which automatically transmits
a digital message to the digital receiver of an entity whose purpose
it is to receive an alarm and to transmit the same or to otherwise
notify the providers of emergency services of the Borough of Green
Tree of an emergency situation.
Any agency, entity or other authority designated by the Borough
of Green Tree to receive and provide emergency communication services
for the Borough of Green Tree.
The response of any or all providers of emergency services
resulting from the activation of an alarm and/or alarm device when
a crime, fire or other emergency warranting immediate action has not,
in fact, occurred. "False alarm" shall include all alarm signal activation
incidents in which investigation by the appropriate emergency provider
department reveals no evidence of the existence of an emergency condition
or situation. However, those alarm signals that an investigation reveals
to have been triggered by physical damage to the protected premises
as a result of a hurricane, tornado, earthquake or other natural phenomena
are excluded from the definition of "false alarm." The definition
of "false alarm" shall, however, include any alarm generated, caused
or otherwise contributed to by a malfunction of the alarm device.
An alarm device designed to transmit an alarm to a person
or other entity whose purpose and intent is to notify any provider
of emergency services in the Borough of Green Tree or any dispatch
center providing communication services to the Borough of Green Tree,
or otherwise to sound a general alarm to alert passersby or neighbors,
as set forth in Subsection B in the definition of "alarm device" hereof.
An alarm resulting from the intentional activation of an
alarm device by an individual or other entity under circumstances
where the individual or other entity had or has no reasonable basis
to believe that a crime, fire or other emergency warranting immediate
action by the providers of emergency services in the Borough of Green
Tree has occurred or is in the process of occurring.
A device designed to transmit automatically a recorded message
over telephone lines to an emergency dispatch center or by indirect
alarm device to an emergency dispatch center.
A.
If an alarm device is designed to transmit a recorded message to
the Borough of Green Tree or its emergency dispatch center, the duration
of such recorded message shall not exceed 15 seconds. The contents
of the recorded message shall be intelligible and in a format approved
by the Borough of Green Tree.
B.
A burglar or security alarm device shall be so designed that a thirty-second
delay occurs between the time the alarm device receives a triggering
stimulus and the time the alarm device transmits an alarm.
C.
If an alarm device is designed to cause a bell, siren or sound-making
device to be activated outside the premises on which the alarm device
is installed, said alarm device shall be designed to deactivate the
bell, siren or other sound-making device after five minutes of operation.
D.
All alarm devices installed or used in the Borough of Green Tree
shall meet the most current applicable standards of the Underwriters
Laboratories, the National Fire Protection Association and/or any
other applicable recognized standards in the industry.
E.
The sensory mechanism used in connection with an alarm device must
be capable of being adjusted to suppress false indications of fire
or intrusion so that the alarm device will not be activated by impulses
due to transient pressure change in water pipes, short flashes of
light, power surges, wind noises, such as the rattling or vibrating
of doors or windows, vehicular noises adjacent to the premises or
other forces unrelated to a genuine alarm situation.
F.
All alarm devices installed on any premises located in the Borough
of Green Tree must be maintained, by the property owner and the occupant
of the premises on which the device is located, in a good state of
repair so as to assure reliability of operation.
No person shall cause or transmit an intentional false alarm.
A.
The owner and/or occupant of any premises in the Borough of Green Tree shall pay to the Borough of Green Tree a charge for each false alarm emanating from the alarm device either servicing or connected or otherwise affixed to the premises, based on the number of false alarms occurring in any one calendar year, as set forth in Subsection E hereof.
B.
When a false alarm occurs in the Borough of Green Tree, the Borough shall, within 10 days from the date of each false alarm, notify the property owner and/or occupant of the premises from which the false alarm emanated that a false alarm charge, as set forth in Subsection E hereof is due and payable. Such false alarm charge notice shall be in writing and shall be mailed by regular mail, postage prepaid, to the last known mailing address of the owner and/or occupant of the premises from which the false alarm emanated. Failure of the Borough of Green Tree to mail a notice of the assessment of a false alarm charge within 10 days from the occurrence of the false alarm shall preclude the Borough of Green Tree from assessing the false alarm charge.
C.
A false alarm charge shall be due and payable to the Borough of Green
Tree within 30 days from the date of mailing of the notice of assessment
of the false alarm charge.
D.
No person shall fail to pay a false alarm charge on or before the
date due.
E.
The fee and fine schedule for the false alarm charge shall be as
follows:
(1)
One to four false alarms: no fine.
(2)
Five to seven false alarms: $50/occurrence.
(3)
Eight false alarms and over: $75/occurrence.
(4)
All fines due and payable by reason of the imposition of fines hereunder
shall be due and payable to the Borough of Green Tree. Council shall
be authorized, upon adoption of a resolution, from time to time, to
amend the fee and fine schedule for false alarms.
F.
The owners and occupants of the premises from which a false alarm
emanates shall be jointly and severally, and/or individually, liable
for all false alarm charges assessed hereunder.
G.
It shall not be a defense to a false alarm charge that the owner
is not in possession of the premises, nor shall any lease provisions
between the owner and occupant be a defense to the assessment of a
false alarm charge by the Borough of Green Tree.
The imposition of fines and penalties hereunder
shall not apply to the following buildings owned and operated by the
designated public agencies and used for the purposes described:
A.
The Borough of Green Tree. Any and all buildings used and/or otherwise
operated for its municipal purposes.
B.
Hospitals.
C.
Keystone Oaks School District. Any and all buildings used and/or
otherwise operated for its educational purposes.
D.
Medical Rescue Team South. Any and all buildings used and/or operated
for its emergency medical purposes.
E.
Green Tree Volunteer Fire Company. Any and all buildings used and/or
operated for its emergency fire, rescue and/or medical purposes.
F.
Schools and/or churches.
