[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-1-1991 by Ord. No. 981 (Ch. 13, Part 1, of the
1999 Code of Ordinances)]
[Amended 3-16-1999 by Ord. No. 1094]
Hereinafter, for each false alarm that is in excess of three
alarms in any calendar year, a fee is hereby imposed from time to
time by resolution of Borough Council for each false fire or false
burglar alarm sounded to the Borough of West Mifflin which is responded
to by the Borough of West Mifflin Police Department.
The aforesaid fee is hereby assessed, imposed, and charged against
and upon each person, corporation, partnership, association or any
other legal entity which owns the realty or controls the realty by
lease or which provides a service for a fee available to the general
public that maintains and/or leases fire and burglar alarms to said
site and, as a part of said services, notifies the West Mifflin Police
Department when a fire or burglar alarm has been sounded. The duty
to pay the fee when more than one person or entity may be liable shall
be jointly and severally.
The calendar year shall commence January 1 and shall end December
31.
Said fee is made and assessed to defray the additional expenses
of confirming or responding to fire or burglar alarm signals transmitted
to the Borough police station, whether by telephone, facsimile, personal
notification or mechanical notification.
[Amended 3-16-1999 by Ord. No. 1094]
A.
The Chief of Police or his designee shall maintain a record or log
on all fire and burglar alarms answered by the Police Department.
In addition, the Chief or his designee shall maintain a record or
log as to the disposition of the police officer in answering said
alarm. The Chief or his designee shall report to the Borough Manager
all false alarms received from the same site that are subsequent to
three false alarms in a calendar year.
B.
The Borough Manager, upon notification from the Chief or his designee
of a false alarm which occurred subsequent to three in any calendar
year from the same site, shall notify the person, corporation, partnership,
association or any other entity which owns and/or maintains said alarm
system, and made the report to the Borough police station, that an
additional fee as established from time to time by resolution of Borough
Council is due and owing the Borough for the answering of a false
alarm.
As used in this article, the following terms shall have the
meanings indicated:
Any alarm reported to the Police Department, and if, upon
investigation by a police officer, it is determined by the police
officer that there are no signs of forced entry or attempted entry
and, in case of fire, that there is no evidence of a fire or smoke,
then it shall be conclusively presumed that the sounding of the alarm
signal was a false alarm which was either accidentally tripped or
activated through mechanical deficiency.
[Amended 3-16-1999 by Ord. No. 1094]
The fee as established from time to time by resolution of Borough
Council for each false alarm is due and payable immediately upon written
notice issued by the Borough Manager and shall be a municipal lien
on the realty where the alarm is situate.
The failure to pay the fee assessed within 30 days from the
date of notice by the Borough Manager shall result in an action being
filed in a court of proper jurisdiction to recover said costs, plus
attorney fees and costs allowable by law. The false alarm fee set
shall also be imposed as a lien upon the realty which houses the burglar
alarm, and said lien may be assessed and recovered according to law,
together with allowable costs and allowable attorney fees.
