[Ord. 2002-10, 12/9/2002, § 1]
A communication to the fire company indicating that a fire
or other emergency warranting immediate action by the fire company
has occurred or is occurring.
A device designed to automatically transmit an alarm to a
person who is instructed to notify the fire company of the alarm.
A device or system of devices that emits, transmits or relays
a signal intended to summon or that can reasonably be expected to
summon to the site of the alarm system the fire company alarm systems
shall include an alarm device and local alarm as herein defined, but
does not include an alarm installed in a vehicle, unless the vehicle
is permanently located at a fixed site, or an alarm designed to alert
only persons occupying the site of the alarm system.
The system created and operated by York County to relay emergency
calls to fire companies, police departments and other emergency organizations,
which is typically accessed by dialing 911 on a telephone.
The activation of an alarm device or alarm system to which
the fire company responds when a fire or other emergency has not occurred.
The Chief of the Eureka Fire Company, or of any separate
ambulance company.
The Eureka Volunteer Fire Company. This term shall include
the Eureka Ambulance Company. In the event that at some future date
the ambulance company becomes a separate entity from the fire company,
any separate ambulance company shall still be included within this
definition for purposes of this Part.
An alarm system which emits a signal at the alarm system
site that is audible or visible off of the site.
An individual, corporation, partnership, incorporated association,
Township authority or other similar entity.
The person hired as the Township Manager by the Board of
Supervisors, or any other person designated by the Township Board
of Supervisors to perform the duties and carry out the responsibilities
delegated in this Part.
[Ord. 2002-10, 12/9/2002, § 2; as amended by Ord. 3-2016, 6/2/2016]
1.
The Chairman of the Board of Supervisors is hereby authorized to
declare a total or partial burning ban throughout the Township when,
in the Chairman's discretion, such ban is required for the peace,
health, and welfare of the citizens of the Township, and at least
one of the following has occurred:
[Ord. 2002-10, 12/9/2002, § 3; as amended by Ord. 3-2016, 6/2/2016]
In the event that the Chairman of the Board Supervisors declares a ban on burning pursuant to § 7-202, such ban shall remain in effect until lifted upon motion and majority vote of the Board of Supervisors at a public meeting, or by the same procedure as required for imposing the ban as set out in § 7-202.
[Ord. 2002-10, 12/9/2002, § 4]
This Part shall be violated any time a false alarm occurs from any alarm system within the Township; however, penalties shall be assessed pursuant to §§ 7-205 and 7-209, Subsection 2. Each time that the fire company or any other fire company responds to a false alarm within Hopewell Township, it shall be the responsibility of the Fire Chief or the most senior member of the Fire Company who responds to the fire to fill out a form prescribed by the Township identifying the relevant information regarding the false alarm. The preparer of the report shall forward the report to the Township Manager within seven days of the occurrence of the false alarm. Upon receipt of the form, the Township Manager shall follow the procedures set out in § 7-205.
[Ord. 2002-10, 12/9/2002, § 5]
1.
Upon receipt from the Fire Company of a form reporting a false alarm pursuant to § 7-204, Township Manager shall refer to the tax records of the Township to determine the owner of the property at which the false alarm occurred, or utilize whatever information is routinely available, if more current, to ascertain the owner of the property. The Township Manager shall then proceed as follows:
A.
For a first occurrence, send a written notice to all property owners
advising them of the circumstances of the false alarm.
B.
For a second occurrence within 12 consecutive months, send a written
warning letter.
C.
For a third occurrence within 12 consecutive months, send final warning.
E.
All notices required by this section shall be sent by both certified
mail, return receipt requested, and first class mail. In the event
that a certified letter is returned unclaimed or undelivered, and
the first-class letter is not returned to the Township, then the notification
shall be deemed to have been received by the property owner.
[Ord. 2002-10, 12/9/2002, § 6]
It shall be unlawful for any person to own, operate, install
or maintain an alarm system which automatically transmits an alarm
telephonically or otherwise directly to the fire company. All calls
for emergency services initiated by an alarm system shall be relayed
by County Control or an alarm company to the fire company.
[Ord. 2002-10, 12/9/2002, § 7]
All local alarms owned, operated, installed or maintained within
the Township shall be equipped with a mechanism which will automatically
deactivate the signal emission from the alarm device after 10 minutes
of operation.
[Ord. 2002-10, 12/9/2002, § 8]
1.
All persons owning or operating an alarm system within the Township
shall have the following duties and responsibilities with respect
to such system:
A.
To keep and maintain the system in good operating condition, order
and repair.
B.
To keep and maintain at the site of the alarm system a complete set
of written operating instructions for such system.
C.
To provide training and instruction to individuals customarily occupying
the site of the alarm system on its proper operation and maintenance.
D.
To cooperate with the Township in preventing or minimizing the number
of false alarms originating from the site of the alarm system, including,
but not limited to, after two false alarms within 12 consecutive months,
obtaining and providing to the Township a certification from the vendor
or installer of the alarm system, or other vendor or installer who
is authorized by the manufacturer of the alarm system to install or
maintain the system, that such vendor or installer has identified
and corrected the cause of the false alarms.
[Ord. 2002-10, 12/9/2002, § 9; as amended by Ord.
2016-1, 1/4/2016]
1.
A violation of § 7-202, relating to the banning of burning, or § 7-206, relating to restricted access, shall be a summary offense, 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 result in a fine of not less than $150 nor more than $1,000 for the first offense, not less than $300 nor more than $1,000 for a second violation and not more than $1,000 for the third and each subsequent violation, plus costs and reasonable attorney fees incurred by the Township in the enforcement proceeding 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.
2.
A violation of § 7-204, as identified in § 7-205, Subsection 1D, relating to false alarms, shall be a summary offense, 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 reasonable attorney fees incurred by the Township in the enforcement proceeding 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.
3.
A violation of § 7-207, relating to local alarm deactivation, or § 7-208, relating to operation and control of alarm systems, shall be a summary offense, 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 result in a fine of not less than $150 nor more than $1,000 for the first offense, not less than $200 nor more than $1,000 for a second violation and not less than $300 nor more than $1,000 for the third and each subsequent violation, plus costs and, in default of payment of said fine and costs and reasonable attorney fees incurred by the Township in the enforcement proceeding and, 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.
4.
For purposes of determining whether a violation is a first, second,
third, fourth or subsequent violation within a twelve-month period,
the 12 months shall be determined from the date of the first violation,
but shall be considered a rolling period, in that the date of the
most recent violation shall be determined, and the Township shall
look back 12 months prior to that date to determine the number of
violations which occurred within that period. Therefore, the number
of the violation for which a current notice is being sent or penalties
assessed shall be determined by the number of violations which have
occurred in the 12 months immediately preceding the most current violation.
5.
Sections 7-201 and 7-204 through 7-208 of this Part are intended to implement and complement 18 Pa. C.S.A § 7511 of the Crimes Code, relating to control of alarm devices and automatic dialing devices. To the extent that it would be determined that the fire company is not a public safety agency as defined in that section of the Crimes Code, then those sections of this Part shall be considered to create separate obligations.
