[Ord. 332, 12/1/1999, § I]
1.
The Board finds that:
A.
WHEREAS, improper installation, defective equipment, lack of maintenance
or other reason may cause any fire alarm system to malfunction.
B.
WHEREAS, each time the Harmar Township Volunteer Fire Co., or other
Township department responds to a fire alarm activated because of
a malfunction, the cost to the Township and Harmar Township Volunteer
Fire Co., is significant.
C.
WHEREAS, in addition to the financial cost, each malfunction requires
that emergency personnel respond, thus decreasing the number of personnel
available to respond to an actual fire or other emergency.
D.
WHEREAS, false fire alarms jeopardize the safety of emergency personnel
as well as the general public.
E.
WHEREAS, the Township of Second Class Code has vested the Board with
the power to regulate the foregoing pursuant to 53 P.S. § 65762.
[Ord. 332, 12/1/1999, § II; as amended by Ord.
399, 8/16/2012, § I.A]
A communication to the Township Police Department, or a warning
sound audible outside the premises from which it is produced, indicating
that a crime, fire or other emergency situation warranting immediate
action by either the Fire Department or Police Department has occurred
or is occurring.
A mechanical, electrical or electronic device designed to
automatically sound an alarm or to transmit an alarm by wire, telephone,
radio or other means:
Any person or entity engaging in any enterprise for profit.
An alarm to which either the fire department or police department
responds resulting from the activation of an alarm system when a crime,
fire or other emergency warranting immediate action by either the
fire department or the police department has not, in fact, occurred.
False alarms shall include, but not be limited to, accidentally activated
signals, signals which result from faulty, malfunctioning or improperly
installed or maintained equipment, signals which are purposely or
accidentally activated to summon police or fire response in non-emergency
situations, and alarm signals for which the actual cause is not determined.
Any fire company serving any portion of the Township.
The Police Department of the Township.
[Ord. 332, 12/1/1999, § III]
For the purpose of this Part, all persons, including individuals,
groups, associations, corporations and other entities shall be deemed
responsible to maintain all portions of the "alarm system" which they
own, or over which they have or may have control or custody, in such
condition and in such a manner that will prevent the activation of
a "false alarm" and such persons shall prevent the existence of any
external conditions which may cause the activation of a "false alarm."
[Ord. 332, 12/1/1999, § IV]
From and after the date of this Part, any person having ownership,
custody or control of an alarm system which issues a false alarm,
shall be in violation of this Part. Each false alarm issued shall
constitute a separate violation.
[Ord. 332, 12/1/1999, § V; as amended by A.O.]
1.
For the first two false alarms which occur in any one calendar year
from each alarm system, there shall be no charge. For each false alarm
thereafter during such calendar year the penalty shall be $300.
2.
There shall be a sixty-day grace period in the collection of false
alarm penalty fees for any new installation of an alarm system.
3.
Any person violating this Part, upon conviction thereof in an action
brought before a magisterial district judge 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 costs 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 continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
All fines and penalties collected for violation of this Part shall
be paid to the Township Treasurer. The initial determination of Part
violation and the service of notice of violation are hereby delegated
to the Township Ordinance Enforcement Officer, or the Township Secretary
or the Township Secretary's designee and to any other officer
or agent deemed appropriate by the Board of Supervisors.
