[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-1990 by Ord. No. 1029 (Ch. 1066 of the 1979 Codified Ordinances)]
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual, partnership, corporation, or other entity, whether an independent contractor or not, who or which provides service and/or alarm systems to any owner within the Borough.
- ALARM SYSTEM
- Any machine, apparatus, device, system or monitor which, when activated, emits an audible signal beyond the confines of the building or part thereof in which it is located or generates a signal which is monitored by any Borough authority or the Fire Department or an emergency department, causing an officer of the Borough, the Fire Department and/or an emergency department to respond to such signal by going to its location.
- BOROUGH OFFICERS
- Includes volunteer firemen, professional and volunteer emergency personnel, police officers, Borough officials and any other official or employee of the Borough of Bellefonte in pursuit of his or her official duties.
- CALENDAR ONE-HALF YEAR
- Those periods of the year from January 1 to June 30, inclusive, and from July 1 to December 31, inclusive.
- FALSE ALARM
- The transmission or emission of a signal from an alarm system which is ultimately received by the authorities of the Borough and/or any fire or emergency service based in the Borough. Such an alarm is a false alarm if, as a result of the reception of any transmission or emission of the aforesaid signal, Borough officers or personnel are dispatched to the location of the alarm systems and the officers and personnel, when arriving at the alarm location, discover that such alarm has been set off needlessly.
- Any individual, partnership, corporation or other entity using, owning, leasing and/or maintaining any fire, burglar, intrusion or emergency alarm at, upon, within or without any building or structure or part thereof in the Borough, whether such building or part thereof is owned or leased by such owner.
[Amended 12-16-2002 by Ord. No. 1178]
A service fee in an amount set by Borough Council resolution per false alarm is hereby established and shall be charged to any owner or the agent of any owner of an alarm system located in the Borough whose alarm system generates a false alarm, as defined in § 185-1, more than twice during any calendar half year. Each false alarm after the second during such calendar half year shall incur a charge set by Borough Council resolution.
Service fees may be imposed only if a Borough officer is actually dispatched to the location of the alarm system. The records of the Borough Dispatcher shall be prima facie evidence of the actual dispatch of Borough officers.
The Borough Manager shall impose and collect all service fees due hereunder against the person responsible for the false alarm.
Any owner or agent aggrieved by the imposition of any service fee by the Borough Manager may file a written appeal to Council no later than 10 days after the imposition of such fee. Council shall hear any such appeal at its next regular public meeting under and pursuant to the terms of the Local Agency Law. The decision of Council in all such cases shall be reduced to writing and tendered to all interested parties by ordinary mail. The decision of Council shall be final.
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
No person against whom a service charge is imposed shall fail to make payment of such charge within 30 days of the imposition of such charge.
The Borough Manager is hereby directed to maintain a record of all false alarms occurring in the Borough from alarm systems located in the Borough, together with the names and addresses of the persons responsible for such false alarms. Such information may be used by the Borough when it considers granting any license which may be required in the future, if the Borough passes legislation requiring the licensing of alarm systems and/or agents installing, selling, leasing or maintaining alarm systems in the Borough.
Whoever violates any of the provisions of this chapter shall be fined not more than $50 together with costs of prosecution and, in default of payment of such fine and costs, shall be imprisoned not more than three days.
In addition to the penalties prescribed above, the Borough may collect all unpaid service fees, including a collection fee established by Borough Council, reasonable attorney's fees and costs in the same manner as municipal claims are now collected, including the filing of a lien for the collection of the same.