[HISTORY: Adopted by the Borough Council of the Borough of
Girard as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-20-1995 by Ord. No. 649 (Ch. XV, Part 6, of the
1974 Code of Ordinances)]
If any individual, establishment, partnership, corporation,
entity or concern causes more than two false alarms to occur during
a twelve-month period, then a service charge of $40 per occurrence
shall be levied against the owner of said system for each and every
false burglar or fire alarm occurring more than two times during the
twelve-month period.
Each individual, establishment, partnership, corporation, entity
or concern will be notified in writing after the first reported false
burglar or fire alarm occurrence.
For the purpose of this article, the following terms shall have
the meanings indicated:
The twelve-month period commencing January 1 and ending December
31.
A.
Any individual,
establishment, partnership, corporation, entity or concern who or
which fails to pay said sum within 30 days following notification
of the third and subsequent false alarms will be cited by the Girard
Borough Police Department, and alarm connection service with the municipality
may be suspended until such time as the aforesaid service charge is
remitted to the Borough of Girard.
B.
Any person
who violates or permits a violation of this article shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Borough before a Magisterial District Judge, pay a fine of
not more than $600, plus all court costs, including reasonable attorneys'
fees, incurred by the Borough in the enforcement of this article.
No judgment shall be imposed until the date of the determination of
the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.[1]
The purpose of this article is to prevent an unnecessary response
by the Fire Department or the Police Department resulting from an
alarm received but which has been caused either by a defect in the
fire alarm system or the burglar alarm system or by the accidental
or careless use or misuse of such systems.