[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 3-8-1999 by Ord. No. 1151. Amendments noted where applicable.]
This chapter shall be known and cited as the "Borough of Tyrone
False Alarm Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A communication either directly or indirectly to a fire agency
and/or police agency indicating that a crime, fire or other emergency
situation warranting immediate action by such agency and/or agencies
has occurred or is occurring.
Chief of the Borough of Tyrone Police Department.
A police, fire, hazard or medical emergency.
An alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence, or unintentional act, including
the malfunction of the alarm system; the intentional activation of
a holdup alarm for other than a holdup in progress; the intentional
activation of a medical alarm for other than a medical emergency;
or the intentional activation of a fire alarm for other than a fire
or hazard to which the police or fire agency responds. Exceptions
are: an alarm caused by the testing or repairing of telephone or electrical
lines or equipment outside the premises; acts of God, such as earthquake,
flood, windstorm, thunder or lightning; an attempted illegal entry
of which there is visible evidence; a crime in progress; or, in the
case of an emergency medical alarm, an actual medical emergency requiring
police, fire and/or medical personnel.
Any volunteer and/or paid fire-fighting entity responding
to an alarm.
The Chief of the Fire Companies in the Borough of Tyrone
or an authorized designee.
A fire, smoke or overheating.
An explosion, leak of toxic gas, liquid or solid, or a potential
explosion or leak.
An emergency involving the health of a person.
An individual, corporation, partnership, incorporated association
or similar entity.
The Borough of Tyrone Police Department.
An incident requiring prompt response by the police agency.
A.
Any person owning a structure in the Borough of Tyrone shall be notified,
in writing, by the Fire Chief and/or the Chief of Police, of each
and every false alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence or unintentional act, including
the malfunction of the alarm system to which the police or fire agency
responds to such structure. Each such alarm shall constitute a separate
offense as follows:
B.
When the fourth and subsequent false alarm occurs, the Fire Chief
and/or the Chief of Police shall notify the owner of the structure
to which the police and/or fire agency responded that a false alarm
charge is due and payable and the amount thereof.
C.
A false alarm charge shall be due and payable at the Borough of Tyrone
Municipal Building 25 days from the date of the mailing of the notice
of assessment of the charge.
D.
Failure of the owner of said structure to pay a false alarm charge on or before the due date shall constitute a violation of this chapter and shall subject said person to the penalties set forth in § 60-4 hereof.
E.
If doubt exists as to the cause of the false alarm, the Chief of
Police or Fire Chief, or their designee, shall make a decision regarding
the circumstances of the activation.
F.
Multiple alarms received before the system can be deactivated within
a reasonable period of time shall be considered a single alarm as
determined by the Fire Chief and/or Chief of Police.
A.
Should any person fail to pay the false alarm charges, as required under § 60-3 of this chapter, such failure shall constitute a violation of this chapter, and such unpaid charges may be collected as fines by suit or summary proceeding brought in the name of the Borough of Tyrone before any Magisterial District Judge of this Commonwealth having jurisdiction. Such proceedings for such violations and for the collection of such fees imposed herein and unpaid may be commenced by warrant or by summons, at the discretion of the Magisterial District Judge before whom such proceedings are begun.
B.
Any person who commits a violation shall be subject to prosecution
in a summary proceeding brought before a Magisterial District Judge
having jurisdiction and, upon conviction, shall be liable for a fine
of not less than $100 nor more than $1,000, plus costs of prosecution,
and, in default thereof, may be sentenced and committed to imprisonment
for a period not exceeding 30 days. Each day during which failure
to comply continues shall constitute a separate violation of the terms
of this chapter.
