[HISTORY: Adopted by the Borough Council of the Borough of
Upland 4-26-2011 by Ord. No. 2-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 88, but
was renumbered in order to retain the alphabetical organization of
the Table of Contents.
As used in this chapter, the following words and phrases shall
have the meanings given to them in this section:
A communication to a public safety agency indicating that
a crime, fire or other emergency warranting immediate action by that
public safety agency has occurred or is occurring.
A device designed to automatically transmit an alarm:
Any device, or group of devices, electrical or battery-operated,
designed or used for detection of intrusion into a building, structure
or facility or for alerting persons of the attempt or commission of
a crime or an emergency situation involving potential death or serious
injury and which is directly connected to an audible alarm or the
transmission, by any technology, of a related signal or message which
is used to evoke an emergency response by any public safety agency
to any address or separate component of any system.
Any device, including, but not limited to, a bell, horn or
siren which is attached to the interior or exterior of the building,
structure or facility and emits a warning signal audible outside the
building, structure, or facility and is designed to attract attention
when activated by a criminal act or other emergency requiring police,
emergency medical services (EMS) or fire department response.
A sudden unexpected happening, the occurrence or condition
requiring immediate action by police, fire, hazard or medical services
personnel to protect the health, safety and welfare of those affected
by the happening, occurrence or condition.
Any signal activated by a manual or an automatic protection
device, any audible alarm or any other kind of direct or indirect
signal given, to which the police, the fire department or other public
safety agencies respond 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 activates
a protection device.
The definition of a false alarm also includes the malicious
or intentional activation of a burglar alarm when there is no burglary
in progress, the malicious or intentional activation of a fire alarm
when there is no fire or hazard condition, or the malicious or intentional
activation of a medical alarm for other than a medical emergency.
Multiple alarms received by the Police Department or any fire
department before the system can be deactivated within a reasonable
period of time shall be considered a single alarm, unless such multiple
alarms are caused by the act of any person.
Any activation of an alarm system caused by any malfunction
caused by violent natural catastrophic condition, including electrical
storms or power outages or conditions beyond the control of the permittee,
will not constitute a false alarm.
Upland Fire Company No.1 of the Borough of Upland, Pennsylvania,
or other fire company or department operating within the borough of
Upland, Delaware County, Pennsylvania.
The individual who actually operates, activates, deactivates,
arms or disarms the alarm system and is accountable or responsible
for the alarm systems proper on-site day-to-day use.
An individual, corporation, partnership, association, firm,
syndicate, company, trust, corporation, department, bureau, agency
or other entity recognized by law as the subject of rights and duties.
The Upland Borough Police Department.
Any municipal agency, including police, fire, and any other
duly constituted municipal authority, including, but not limited to,
the Delaware County Communications (911) Center.
The reasonable costs; used in association with the rate schedule
for recovery of costs for Upland Fire Co. No. 1.
The Upland Borough Council, by authority granted to them as specified in the Pennsylvania Borough Code, 53 Pa. C.S.A. § 45101 et seq., as amended, hereby adopts the herein Chapter 41, Article I, which shall be supplemental to enforcement under the Pennsylvania Crimes Code Section 7511 [18 Pa. C.S.A. § 7511 (1998)].
The Upland Borough Council finds and declares that:
A.Â
Many of the emergency alarms to which Upland Borough Police, Fire
Company and other emergency personnel respond are false. False alarms
are herewith deemed to be unacceptable events resulting in a waste
of municipal manpower and creating the potential for serious injury
to police officers, fire department personnel, and other emergency
personnel responding to a false alarm. Further, when the said personnel
are responding to false alarms, they are not available for the genuine
protection of residents and the general public of Upland Borough.
B.Â
The increased risk and danger created by emergency responses from
false alarms is unnecessary, hazardous and cannot be tolerated.
C.Â
False alarms have created conditions causing danger and annoyance
to the general public.
D.Â
The unnecessary waste of public revenue and the dangerous situations
created through responses to false alarms should be eliminated.
E.Â
The registration of all alarm systems within the Borough of Upland
will assist the members of the Upland Police Department and the Upland
Fire Company No. l with their understanding and identification of
the systems during their responses in the event of an emergency, and
provide rapid alarm system contact information.
A.Â
With the effective date of this article, every owner of an alarm system, whether newly installed or existing at the time of the effective date of this chapter, in compliance with Article I, must provide the required information for their system or systems to be registered with the Borough of Upland; a copy of said registration information will be maintained in a file with the Borough of Upland. The required information must be recorded on a registration form provided by Upland Borough, stating the name, address, and telephone number of the owner/applicant; a description of the property or properties where the proposed alarm system is installed or shall be installed; the location, and a name and/or number which is conspicuously displayed on the property or mailbox of the property; a description of the type or types of alarm system or systems being used or to be used, including name and model number of the manufacturer; the name of the person or company who has installed or will install the alarm system at the location; the business information and telephone numbers of any monitoring service contracted to monitor the system or systems; the name, and the address and telephone number of any person or company who will be available to be contacted in the event of an alarm activation.
B.Â
In the case of more than one building site in which the alarm system
components are installed or are to be installed, the owner/registrant
must provide Upland Borough with the necessary information concerning
how the alarm system for each building shall be distinguishable from
the alarms in any of the other buildings, in the event of an alarm
condition occurrence.
C.Â
In the event the name, mailing address or telephone number of the
person to be contacted changes, the owner/registrant shall supply
corrected information to the Upland Borough within five days of any
changes. If requested by Upland Borough, the persons listed shall
be required to be present at the alarm location within a reasonable
length of time (not more than 90 minutes) after being notified that
the police or other emergency department have received any signal
or message of an alarm activation.
D.Â
All audible alarms should have a maximum ten-minute cut off time.
A.Â
Alarm system registrations shall not be transferable from one owner/registrant
to another or from one location to another, without express written
authorization from Upland Borough. In the event that the premises
in which the alarm system will be installed or has been installed
is to be leased, conveyed, or transferred, it shall be the responsibility
of the then-owner/registrant to notify Upland Borough of the name
and telephone number of the new owner or lessees and the name of the
person to be contacted in case of the alarm activation.
B.Â
Any subsequent individual or other type of entity that obtains title
or occupies real property in which an alarm system has been installed
and registered by Upland Borough shall notify Upland Borough within
five days of taking possession of said property and make application
for registration specifying all information necessary for the Police
Department or other emergency departments to respond to any alarm
activation.
In order to promote full compliance with the registration process
of all alarm systems in the Borough of Upland, the Borough Council
hereby declares the registration of all and every alarm system within
the Borough of Upland to be a service of the Borough of Upland that
will be provided at no cost to the system owner/registrants.
A.Â
It shall be unlawful for the property owner, lessee or any person
occupying or otherwise on any premises within Upland Borough to make
or allow, or cause to be made, a false fire or security alarm, directly
or indirectly, to any police, fire department or emergency response
agency responding to alarms within the Borough. A person and/or entity
that causes or permits to be caused a false alarm is in violation
of this article.
B.Â
The determination of the conditional status of an alarm on the premises
or site shall be made by the Upland Police Department, Upland Fire
Company No. 1, or other affected public safety agency, and this determinative
site-based decision as to the existence of a false alarm condition
shall be considered as final.
A.Â
Any person who shall fail to register any alarm system with Upland
Borough prior to the installation or transfer of an alarm system on
any premises shall, upon conviction thereof, be sentenced to pay a
fine of not more than $50, plus costs of prosecution.
B.Â
Owners of alarm systems existing at the time of the adoption of this
article who have not heretofore filed the necessary registration information
shall have a period of 60 days to comply with all provisions of this
chapter. Should said owners default or fail to obtain said registration
as herein mandated, the owner of said alarm system shall be in violation
of this article, and upon conviction thereof shall be subject to a
fine of not less than $50, plus the costs of prosecution, not to exceed
$300, for each day that said violation shall continue.
C.Â
Any person who, when having caused or having failed to prevent a
false alarm that as a result of their on-site investigations, is determined
by the Upland Police Department, Upland Fire Company No. 1, or other
affected public safety agency, to have been malicious in nature (known
as a "malicious pull"), upon conviction thereof shall be subject to
a fine of not less than $500, plus the costs of prosecution.
D.Â
Any person who, after receiving notice, written or oral, from the
Upland Borough Police, that police officers, emergency personnel or
other municipal officials have responded to three false alarms as
defined in this article, at the same location, during a consecutive
twelve-month period, and then when having caused or permitted a fourth
false alarm condition in that same consecutive twelve-month period,
and at that same location shall, upon conviction thereof, be sentenced
to pay a fare of not less than $300, plus costs of prosecution.
E.Â
Any person, when having caused or permitted a fifth false alarm condition
in that same consecutive twelve-month period, and at that same location
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $500, plus costs of prosecution; and a fine of not less
than $500 or each subsequent false alarm in the same consecutive twelve-month
period, at that same location, plus the costs of prosecution.
F.Â
For the purpose of determining the total number of false alarms:
repeated alarms in a twenty-four-hour period, (a calendar day) at
the same location, shall be deemed as one false alarm.
The information furnished and secured pursuant to this article
shall be confidential in character and shall not be subject to public
inspection other than as allowed by Pennsylvania law, and all records
shall be so maintained that the contents thereof shall not be divulged
to anyone except to the persons charged with the administration of
this article.
A.Â
Findings. The Borough of Upland recognizes that the duties of volunteer
fire companies require the use of specialized emergency rescue tools
and equipment, emergency rescue materials, hazardous material abatement
equipment, and hazardous abatement materials during their emergency
responses. The Borough of Upland also recognizes that the costs of
the maintenance and replacement of this equipment added to the replacement
costs of damaged or expended materials places an increasing financial
burden on Upland Fire Company No.1.
B.Â
Borough Council intent. To grant Upland Fire Company No. 1 the authority
to seek recovery of all reasonable costs of responding to such emergency
incidents, as allowed by applicable law.
A.Â
The Borough of Upland authorizes the Upland Fire Company No. 1 to
recover reasonable costs of the use of emergency rescue tools, equipment
and materials; hazardous material abatement tools and equipment; hazardous
abatement materials; and personnel hours involving any hazardous material,
environmental, fire safety, and/or rescue incident or operation, including
vehicular accidents.
B.Â
A rate schedule of reasonable costs, for the aforementioned tools,
equipment, materials and hourly rates for personnel, shall be set
by the Upland Fire Company No.1, from time to time, and shall only
be applied to the recovery of costs arising out of incidents that
occurred subsequent to the setting of the rate schedule. A copy of
this rate schedule shall be on file for review at the business offices
of Upland Borough.
C.Â
The reasonable costs outlined above may be recovered from any identified
insurance carrier or person or persons, directly by the Upland Fire
Company No.1, or by an attorney, or through a third-party billing
service acting as a contracted authorized agent for the collection
of such costs. In addition to the reasonable costs as set forth in
the above-mentioned rate schedule, the Upland Fire Company No. 1,
or an attorney, or the third-party billing service shall hereby be
authorized to collect, in addition to the reasonable costs, reasonable
interest and administration fees for collecting the said costs and
fees.
D.Â
In the event that any insurance carrier or person or persons should
fail to pay any bill or invoice within 30 days of the mailing or delivery
of such notice of charges, the Upland Fire Company No. 1, or an attorney,
or the third-party billing service who mailed or delivered the bill
or invoice may enforce the provisions of this article by filing a
civil action at law in a court of competent jurisdiction for the collection
of any amounts due to the Upland Fire Company No. 1, together with
statutory interest, court costs, collection fees and associated reasonable
attorneys' fees.
[Amended 5-14-2019 by Ord. No. 6-2019]
A.Â
The Upland Fire Company No. 1 is authorized and directed, by and
through their officers and authorized representatives, to ascertain
what insurance coverage may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where a property owner, business owner or vehicle owner is or may
be insured to reimburse the Upland Fire Company No. 1 for any costs
and/or expenses incurred for services, supplies and/or equipment used
for or provided to the property owner, business owner or vehicle owner
by the Upland Fire Company No. 1.
B.Â
Notwithstanding anything herein to the contrary, under no circumstances
shall any owner-occupied residential property owner receive a bill
from the Upland Fire Company No. 1, or an attorney, or the third-party
billing service for fire protection or other services provided by
the Upland Fire Company No. 1 to an owner-occupied residential structure,
except in cases of false alarms and/or fires which are intentionally
set by the property owner.
C.Â
This section shall be liberally construed to accomplish its purpose
to compensate and/or reimburse the Upland Fire Company No. 1 from
insurance proceeds for costs and/or expenses incurred while providing
emergency services pursuant to their duties for the Upland Fire Company
No. 1.
The Borough of Upland shall not be responsible for any aspect of the recovery of service costs, nor will the Borough of Upland take any steps to assist the Upland Fire Company No. 1 or any third-party billing service in the recovery of reasonable costs under Chapter 88, Article II.
Any attempt by the Upland Fire Company No. 1, or by an attorney, or through a third-party billing service acting as a contracted authorized agent to recover costs from any individual/entity, other than as set out in § 41-13 above, shall result in the immediate revocation of the authority to recover such costs granted under Chapter 41, Article II.
This article shall be effective five days from the date of its
adoption and legal advertisement.
