[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-11-1990 by Ord. No. 90-3 (Ch. 6, Part 4, of the
1983 Code of Ordinances)]
This article shall be known as and be cited as the "Borough
of Walnutport False Burglar and Fire Alarm Control Ordinance."
The Borough Council of the Borough of Walnutport has determined
that the receipt of false burglary, robbery, and fire alarms indicating
that emergencies exist, is detrimental to the welfare and safety of
the citizens of the Borough of Walnutport, the police department and
the fire department. It is hereby declared to be the policy to safeguard
and protect the residents of the Borough of Walnutport and the personnel
of the police department and fire department from such hazards or
risks.
The following words, terms, and phrases, when used in this article,
shall have the following meanings ascribed to them:
Any mechanical or electronic signals reporting by means of
telephone cables or other means of transmission, which signals are
monitored by an alarm agency or Lehigh County Communications Center,
or other agency, or audible alarm which is heard and/or called in
by another, and which signals, upon receipt, or upon activation, indicate
to the police department and/or fire department that an emergency
exists at the sending location. Said alarms shall include but are
not limited to indicate burglaries, robberies, or fires at the sending
location.
Any report or request for police or fire departments by means
of communication wherein the situation, condition, incident or emergency
as subject of the report or request does not exist.
Any individual, partnership, association, firm, syndicate,
company, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
The Walnutport Police Department shall have the power and duty
to enforce the provisions of this article.
After the effective date of this article it shall be unlawful
for any person who is the owner, lessee or occupant of any structure
in which a burglar, robbery, or fire alarm(s) has been installed to:
A.
Cause, suffer, allow or permit the accidental or purposeful transmission
of a false burglar, robbery, or fire alarm signal from any public
or private place in the Borough of Walnutport to the Police Department
or Lehigh County Communications Center or other monitoring agency.
B.
Cause, suffer, allow, or permit to be made any report or request
for Police or Fire Department or assistance by means of communication
wherein the situation, condition, incident, or emergency as subject
to the report or request for Police or Fire Departments or assistance
did not and does not exist.
A.
False alarms.
(1)
Any person causing or reporting accidental false alarms for any reason
or the permit holder of an alarm system that transmits a false alarm
for any reason shall pay to the Lehigh County Communications Center
a charge for each and every false alarm to which the Police Department
or Fire Department responds, in each calendar year, as follows:
(a)
False alarm:
[1]
First false alarm, each calendar year: $50 or proof of yearly
maintenance contract in effect for any alarm system involved in transmittal
of the false alarm.
[2]
Second false alarm, each calendar year: $50.
[3]
Third false alarm, each calendar year: $75.
[4]
Fourth false alarm, each calendar year: $100.
[5]
Each false alarm in excess of four, each calendar year: the
amount of the charge assessed for the immediately preceding false
alarm during that calendar year, plus an additional $25.
(2)
When a false alarm occurs, the Police Department shall, within 45
days from the date of the false alarm, notify the permit holder for
the alarm system or owner of the alarm device from which the false
alarm originated or other person causing said false alarm that a false
alarm charge is due and the amount thereof. Such notice shall be in
writing and mailed by regular mail, postage paid, to the last known
address of the permit holder or other person causing said false alarm.
(3)
A false alarm charge shall be due and payable to the Police Department
and shall be payable at its headquarters 30 days from the date of
the mailing of the notice of assessment of the charge.
B.
False fire alarms.
(1)
Any person causing or reporting accidental false fire alarms for
any reason or the permit holder of an alarm system that transmits
a false fire alarm for any reason shall pay to the Fire Department
a charge for each and every false fire alarm to which such Fire Department
responds, in each calendar year as follows:
(a)
First false fire alarm from an alarm system each year: $100
or proof of yearly maintenance contract in effect.
(b)
First false fire alarm from an alarm device, each year: $100 or proof acceptable to the Fire Department and submitted within 30 days from the date of the notification, described in Subsection A(2) of this section, of the repair or replacement of the alarm device from which the false alarm originated.
(c)
All other false fire alarms each year: $300 per false fire alarm.
(2)
When a false fire alarm occurs, the Fire Department shall, within
45 days from the date of the false fire alarm, notify the permit holder
for the alarm system or owner of the alarm device from which the false
fire alarm originated or other person causing said false fire alarm
that a false alarm charge is due and the amount thereof. Such notice
shall be in writing and mailed by regular mail, postage paid, to the
last known address of the permit holder or other person causing said
false fire alarm.
(3)
A false fire alarm charge shall be due and payable at the Fire Department
30 days from the date of the mailing of the notice of assessment of
the charge.
A person that owns, uses or possesses an alarm device or automatic
dialing device may not, after causing or permitting three false alarms
to occur in a consecutive twelve-month period, cause or permit a subsequent
false alarm to occur in the same consecutive twelve-month period.
A person that violates this article, or who shall fail to pay a charge
for a false fire alarm, commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of not more than $300.
