A. EMERGENCY SERVICES FALSE ALARM
Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:
The services provided by the Evans City Area Volunteer Fire Department and/or any emergency agency or provider operating within the Borough of Evans City or the Commonwealth of Pennsylvania.
Any activation of an alarm system by inadvertence, negligence or intentional or unintentional acts or means, to which emergency services of the Evans City Area Volunteer Fire Department and/or other emergency services agency or provider respond and where it is determined that the alarm was not the result of a crime in progress, fire, medical or other emergency necessitating a response by emergency services, excepting those alarms which are caused solely by weather extremes or inadvertent utility interruptions.
B.
False alarms prohibited. It shall be unlawful for the property owner, lessee, or any person occupying, in control of, or otherwise on or in any premises within Evans City Borough to make, or cause to be made, a false alarm, directly or indirectly, to any emergency services agency or provider responding to alarms within the Borough.
C.
False alarm service fees.
(1)
Whether an alarm is a false alarm, as defined herein, is to be determined by the Evans City Area Volunteer Fire Department or other affected emergency services agency or provider. The decision shall be final.
(2)
Upon notification to Evans City Borough of a first false alarm within a calendar year, the Borough shall send a written warning to the owner, lessee, and/or occupant of the premises notifying said person or persons of this chapter and directing that a written report be made within 14 days by said owner, lessee, or occupant of the property to the Evans City Area Volunteer Fire Department, and/or other emergency service agency or provider, setting forth what steps have been taken to eliminate future false alarms.
(3)
Service fees for false alarms shall be assessed by and paid to Evans City Borough as follows:
(a)
A second false alarm in any one calendar year shall be subject to a service fee of $100 to residential homeowners and $200 to commercial buildings.
(b)
A third false alarm in any one calendar year shall be subject to a service fee of $200 to residential homeowners and $400 to commercial buildings.
(c)
A fourth and all subsequent false alarms in any one calendar year shall be subject to a service fee of $500, plus prosecution in accordance with this chapter.
D.
Penalties and remedies for violations.
(1)
In the event a violation of this chapter occurs, in addition to such other remedies as may be available under existing law, Evans City Borough may institute an action in equity to prevent, restrain, correct, abate or enjoin such violation.
(2)
Any person, whether as principal or agent, who violates this chapter, fails to comply with any provision of this chapter, or assigns or abets its violation, shall upon conviction thereof, before any Magistrate, be sentenced to pay a fine not less than $100 nor more than $300, together with the costs of prosecution, including reasonable attorney's fees and costs, and service fees as set forth above. In default of the payment of said fine, costs and service fees, he or she shall be committed to the county jail for a period not exceeding 30 days.