The purpose of this chapter is to impose administrative sanctions
and criminal penalties in order to reduce the numerous false alarms
originating from homes, businesses and other establishments located
within West Manchester Township.
The provisions of this chapter shall apply to any person who
owns, operates or maintains an alarm system designed to summon the
police, Fire Department or other municipal agencies to any location
in response to any type of alarm signal.
As used in this chapter, the following terms shall have the
meanings indicated:
ALARM CONSOLE
The console or control panel giving visual or audio notice
of intrusion, fire, smoke or other peril located within the confines
of York County Control or some other central monitoring station.
ALARM SYSTEM
Any device or combination of devices designed and intended
to give visual or audio notice of an intrusion, fire, smoke, flood
or other peril.
FALSE ALARM
Any alarm produced by an alarm system when the alarm system
has been activated by inadvertence, negligence or intentional or unintentional
act of someone other than an intruder or any alarm caused by the malfunction
of the alarm system and related equipment. The term "false alarm"
shall not include alarms produced by the malfunction of the alarm
console.
FALSE FIRE ALARM
Any false alarm which requires primary response by fire-fighting
personnel and equipment.
FALSE POLICE ALARM
Any false alarm which requires primary response by the West
Manchester Township Police Department or any other police department.
PERSON
Any natural person, partnership, corporation or association.
On and after the effective date of this chapter, it shall be
unlawful for any person to transmit, cause to be transmitted or allow
to be transmitted any false alarm originating from an alarm system.
Any person who shall transmit, cause to be transmitted or allow to
be transmitted a false alarm shall, after the transmission of such
false alarm, comply with the provisions of this chapter or, in lieu
thereof, shall be prosecuted as provided by law.
Any person who knows or has reason to know that an alarm transmitted
by an alarm system is a false alarm shall immediately notify York
County Control or any other agency monitoring an alarm console, the
West Manchester Township Police Department, the Fire Department or
other appropriate agency that the alarm transmitted by the alarm system
is a false alarm.
Notice as required by this chapter shall be given by the Police
Chief or his designee to the person occupying the premises where the
alarm system is located by mailing a copy of this notice, by first-class
mail, to such person at the address where the alarm system is located.
Personal service of the notice may also be given by handing a copy
of the notice to the occupant of the premises where the alarm system
is located, to an adult resident thereof or an employee located thereon.
If service is made by personal service, the Police Chief or his designee
shall file a proof of service which shall be under oath and which
shall designate the person and title upon whom service was made.
Where the provisions of this chapter would cause unique and
undue hardship as it applies to a particular person, the Board of
Supervisors of West Manchester Township may grant a modification from
the strict application of the terms of this chapter if the modification
will not conflict with the general purposes of this chapter. In granting
a modification, the Board of Supervisors may impose conditions which
will substantially secure compliance with the purposes of this chapter.
[Amended 5-9-1996 by Ord. No. 96-14]; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this chapter. The
amount of the fine imposed for the violation of this chapter shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this chapter and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this chapter. If the person violating
this chapter fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this chapter, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.