[Ord. 404, 8/9/1994, § 1]
1. As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
ALARM
A communication to the Police or Fire Department or to any
radio system which in turn communicates with the said Police or Fire
Department indicating that a crime, fire or other emergency situation
warranting immediate action by the Police or Fire Department has occurred
or is occurring.
ALARM DEVICE
A mechanical device designed to automatically transmit an
alarm by wire, telephone, radio or other means (i) directly to the
Police or Fire Department, (ii) to a person who is instructed to notify
the Police or Fire Department of the alarm or (iii) to activate a
bell or sounding device to be heard outside a building which is intended
to alert the Police, Fire Department or others to the existence of
a crime, fire or other emergency situation warranting action by Police
or Fire Department.
FALSE ALARM
An alarm to which the Police or Fire Department responds
resulting from the activation of an alarm device when a crime, fire
or other emergency warranting immediate action by the Police or firemen
has not, in fact occurred, not to include alarms caused by natural
causes such as storms, power failures or other causes not caused by
a faulty or over sensitive alarm device.
FIRE DEPARTMENT
The Fire Department of or for the Borough of Wormleysburg
including any Wormleysburg fireperson.
INDIRECT ALARM DEVICE
An alarm device designed to transmit an alarm to a person
who is instructed to notify the Police or Fire Department of the alarm.
INTENTIONAL FALSE ALARM
A false alarm resulting from the intentional activation of
an alarm device by an individual under circumstances where the individual
has no reasonable basis to believe that a crime, fire or other emergency
warranting immediate action by the Police or Fire Department has occurred
or is occurring.
OWNER
An individual, corporation, partnership, incorporated association
or other similar entity owning the premises with an alarm device.
POLICE DEPARTMENT
The Police Department of or for the Borough of Wormleysburg
including any Wormleysburg police officer.
TELEPHONE DIALER ALARM DEVICE
An alarm device designed to automatically transmit a recorded
message over a regular telephone line directly to the Police or Fire
Department, or to a person who is instructed to notify the Police
or Fire Department, of the alarm.
2. In this Part, the singular shall include the plural; the plural shall
include the singular; the masculine shall include the feminine and
the neuter.
[Ord. 404, 8/9/1994, § 1]
1. All property owners, lessees of property or a person otherwise occupying
a premises within the Borough of Wormleysburg, which presently has
an alarm device in operation on its premises or which premises is
hereafter provided with an alarm device shall, within 40 days of the
date of the enactment of this Part, provided the Chief of Police of
the Borough of Wormleysburg with the following information:
A. Name or names of property owners.
B. Home and business addresses and the home and business telephone numbers
of the property owner or property owners.
C. The physical location of the alarm device at the property.
D. Names, addresses and telephone numbers of at least two individuals
who have keys to the premises at which the alarm device is located
and who are authorized to enter the premises at any time, but who
do not reside at the premises at which the alarm device is located.
E. A general written description of the device other than schematics.
F. If the device is to be leased or rented from, or is to be services
pursuant to a service agreement by a person or entity other than the
owner, the name, address and telephone number of that person or entity
must be provided.
G. Each owner providing the information set forth in subsections (A)
through (F) above shall also sign a statement in the following form:
The undersigned owner of a premises containing an alarm device,
intending to be legally bound hereby, agrees with the Borough of Wormleysburg
that the undersigned, nor anyone claiming by, through, or under the
undersigned, shall make any claim against the Borough of Wormleysburg,
its public officials, employees or agents, for any damages caused
to the premises and property at which the alarm device is located,
if such damage is caused by a forced entry to said premises by police
officer or fireperson or other authorized agent of the Borough of
Wormleysburg in order to answer an alarm from said alarm device at
a time when said premises are or appear to be unattended or when in
the discretion of the person(s) responding the circumstances appear
to warrant a forced entry. The aforesaid information and statement
shall be set forth in writing by the owner, dated, signed and filed
with the Police Department of or for the Borough of Wormleysburg.
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[Ord. 404, 8/9/1994, § 1]
No alarm shall sound externally in excess of 30 continuous minutes.
[Ord. 404, 8/9/1994, § 1]
No person shall create an intentional false alarm.
[Ord. 404, 8/9/1994, § 1]
With respect to any false alarm occurring 30 days after the
installation of an alarm service to which the Police Department or
Fire Department, or their personnel, respond, the owner shall pay
to the Borough of Wormleysburg the following fees:
First to third alarm each calendar year
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no charge
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Fourth to tenth alarm each calendar year
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$40 per alarm
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All alarms in excess of 10 each calendar year
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$60 per alarm
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[Ord. 404, 8/9/1994, § 1]
1. When a false alarm occurs, the Police Department, within 60 days
from the date of the false alarm, shall notify the owner of the premises
in which the alarm device is situated from the false alarm emanated
that a false alarm is due and the amount thereof. Said notice shall
be in writing and mailed to the owner at the owner's last known
address by regular mail, postage prepaid. Failure of the Police Department
to mail notice of assessment of a false charge within 60 days from
the occurrence of the false alarm shall preclude the Borough of Wormleysburg
from assessing a false alarm charge.
2. A false alarm charge shall be due and payable at the office of the
Police Department 30 days from the date of the mailing of the notice
of assessment of the charge.
3. Failure of a person to pay a false alarm charge on or before the
date shall constitute a violation of this Part and shall subject said
person to the penalties set forth herein.
[Ord. 404, 8/9/1994, § 1]
Any person who shall violate any provision of this Part
6 of Chapter
10 of the Borough of Wormleysburg Code of Ordinances shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and upon failure to make prompt payment of same or imprisonment for a term not to exceed 90 days.