[Adopted 8-12-1992 by Ord. No. 92-5A]
As used in this Part 1, the following terms are defined as follows:
Any device designed for the detection of an unauthorized
entry on the premises, its commission or occurrence, and, when actuated,
gives a signal, either visual, audible or both, or transmits or causes
to be transmitted a signal, except residential, in-house fire alarms.
Any alarm signal that alerts any person which is not the
result of an actual threatened emergency requiring a response. False
alarms include negligently or accidentally activated signals, signals
which are the result of faulty, malfunctioning or improperly installed
or maintained equipment, signals which are purposely activated to
summon police, fire or emergency services in nonemergency situations
and alarm signals for which the actual cause is not determined.
A system that gives a signal, either visual, audible or both,
on the exterior portion of the property, but such signal does not
leave the structure by wire or radio wave to a control receiving station.
No person shall install, have installed, own, use or possess
an operative alarm system without obtaining a permit from the Township
Secretary. Said permit shall include, but not be limited to, providing
a means of identifying the alarm system service and persons who may
be called in the event of an alarm and the subject's premises
are unattended.
[Amended 6-16-1999 by Ord. No. 99-3; 11-21-2002 by Ord. No. 02-11]
The fee for an alarm system permit shall be as established from
time to time by resolution of the Board of Supervisors.
[Amended 6-16-1999 by Ord. No. 99-3; 11-21-2002 by Ord. No. 02-11]
A.
No person owning, using or possessing an alarm system shall cause
or permit the giving of repeated false alarms, whether intentional
or by act of negligence, but excluding, however, acts of God which
are otherwise unpreventable by the technology of the alarm system
itself.
B.
All alarms. For the fourth and successive occurrence of a false alarm
from each alarm system during the year, the permit holder or owner,
lessor or lessee of the premises shall be considered to have violated
this Part 1, and same shall be a summary offense, punishable as follows:
(1)
First offense. A fine of $25 if paid pursuant to a notice and $50
if citation must be filed.
(2)
Second offense. Any person, firm or corporation who shall violate
any provision of this Part 1, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of $50 if paid pursuant to a notice
and not more than $1,000 if citation must be filed, plus all court
costs, including reasonable attorneys' fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days.
(3)
Third or subsequent offense. Any person, firm or corporation who
shall violate any provision of this Part 1, upon conviction thereof
in an action brought before a District Justice in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of $75 if
paid pursuant to a notice and not more than $1,000 if citation must
be filed, plus all court costs, including reasonable attorneys'
fees incurred by the Township, and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days.
C.
Notice. The Township Secretary shall provide a written notice to the permit holder, owner, lessor or lessee indicating the date of the offense and the fine and penalty for said offense. If the fine is not paid within 10 days of notice, said permit holder, owner, lessor or lessee shall be subject to conviction for said violation before any District Justice and shall be sentenced to a fine in accordance with this section and shall be liable for any costs of enforcing the violation of this Part 1.
D.
Collection of fine and costs. All fines and costs shall be paid to
Jackson Township. For violations involving police alarms only, said
fine shall be paid exclusively to Jackson Township. For violations
involving fire alarms or emergency medical services alarms, the fine
shall be divided equally between Jackson Township and the main fire
company responding or the emergency medical service responding.
A.
The Township
Secretary may revoke or suspend any permit in accordance with this
section if he determines:
(1)
The application for the permit contains a statement of material fact
which is false.
(2)
The licensee has failed to comply with one of the provisions of this
section.
(3)
An alarm system is negligently maintained or used. More than five
false alarms within a one-year period from the first false alarm shall
be conclusive evidence of negligent maintenance or use.
B.
After an alarm system permit has been revoked or suspended, the Police Department, Fire Department or emergency medical service will respond to alarms from the revoked or suspended permittee as a service call only and not as a priority call. The penalty provisions of this Part 1 shall remain in effect for revoked or suspended permits and shall be treated as a third or subsequent offense and be punishable under §§ 13-105 and 13-107.
[Amended 11-21-2002 by Ord. No. 02-11]
Any person, firm or corporation who shall violate any provision of this Part 1, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
The provisions of this Part 1 shall apply to those alarms to
which the Pennsylvania State Police respond. This Part 1 may be enforced
by Jackson Township or the Pennsylvania State Police.
