[HISTORY: Adopted by the Borough Council of the Borough of
Marietta as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-9-2016 by Ord.
No. 05-2016]
The following definitions shall apply in the interpretation
and enforcement of this article:
Services provided within the Borough by the designated volunteer
Fire Department operating in the Borough, the Police Department serving
the Borough and by the ambulance association serving the Borough.
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means, to which an emergency
services provider responds 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.
It shall be unlawful for the property owner, lessee, or any
person occupying, in control of, or otherwise on or in any premises
or location within the 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 limits.
A.
Whether an alarm is a false alarm as defined herein shall be determined
solely by the Fire Chief or his/her designee, and such decision shall
be a final determination.
B.
Upon notification to Marietta Borough of a first false alarm within
a calendar year, the Borough shall send a written notice to the owner,
lessee, and/or occupant of the premises notifying said person or persons
of the purpose and provisions of this article.
C.
Service fees for false alarms shall be assessed by and paid to the
Borough as follows:
(1)
A first false alarm in any one calendar shall not be subject to a
service fee.
(2)
A second false alarm in any one calendar year shall be subject to
a service fee of $100.
(3)
A third false alarm in any one calendar year shall be subject to
a service fee of $200.
(4)
A fourth and all subsequent false alarms in any one calendar year
shall be subject to a service fee of $300, plus prosecution in accordance
with this article.
D.
The Borough shall be responsible for administering the terms of this
article.
A.
In the event a violation of this article occurs, in addition to such
other remedies as may be available under existing law, the Borough
may institute an action in equity to prevent, restrain, correct, abate
or enjoin such violation.
B.
Any person, whether as principal or agent, who violates this article,
fails to comply with any provision of this article, or assigns or
abets its violation shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings and service fees as
set forth above. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Lancaster County.[1]
