As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
ALARM SYSTEM
Any device designed or used for detection of smoke, fire,
medical emergency, unlawful entry into the building or facility, or
for alerting persons in the attempt or commission of a crime and which
is directly connected to an audible alarm or the transmission of a
related signal or message which is used to evoke an emergency response
to any address or separate component of any system.
AUTOMATIC TELEPHONE DIALER
Any device which can be programmed to automatically dial
a telephone number and, upon having that number answered, deliver
a prerecorded message or other signal, which conveys to the answering
party information about some event the automatic telephone dialer
is designed to monitor, such as fire, burglary, the proper operation
of machinery, equipment, or medical emergency. In operation, the automatic
telephone dialer would sense the presence of smoke or fire, unlawful
entry, the improper operation of equipment or medical emergency and
automatically dial a preprogrammed number and report to the party
answering exactly what was taking place.
NUISANCE ALARM
The activation of any alarm system or automatic telephone
dialer alarm due to other than the said purpose for which the alarm
system is designed. Any activation of any alarm system or automatic
telephone dialer alarm that is caused by violent natural catastrophic
conditions, including electrical storms or power outages or conditions
beyond the control of the permit holder, will not constitute a nuisance
alarm.
PERMIT HOLDER
A person to whom the Summit Hill Borough Secretary has issued
an alarm device permit.
PERSON
An individual, corporation, partnership, incorporated association,
or other similar entity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any person who, after receiving notice that an emergency department
has responded to three nuisance alarms, as defined in this chapter,
within 12 months and that their permit has been suspended shall, upon
proof thereof and conviction by a Magisterial District Judge, pay
a fine of not more than $600 per nuisance alarm thereafter, plus court
costs and reasonable attorneys' fees incurred by the Borough in the
enforcement proceedings.
B. Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.