[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 8-12-2002 by Ord. No.
486. Amendments noted where applicable.]
The following terms, phrases and words shall have the meaning
given in this section, unless it is apparent from the context that
a different meaning is intended:
Any mechanical, electrical or electronics device that is
designed or used for the detection of burglars, robbery or fire or
the need for medical assistance within a building, structure or facility
or for alerting others to the commission of an unlawful act or a hazard
within a building, structure or facility, or both, and which emits
a sound or transmits a signal or message when activated. Alarm systems
shall include but are not limited to direct-dial telephone or other
electronic devices or audible alarms. Devices that are not designed
or used to sound alarms that are intended to be audible, visible or
perceptible outside of the protected building, structure or facility
are not included within this definition or chapter, nor are auxiliary
devices installed by the telephone company to protect telephone systems
that might be damaged or disrupted by the use of an alarm system.
An alarm system includes all of the necessary equipment designed and
installed for the detection of and alerting others to burglary, robbery
or other commission of an unlawful act or fire or the need for medical
assistance or other hazard in a single building, structure or facility.
Borough of Dallastown, York County, Pennsylvania.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner
or lessee of an alarm system or its employees or agents, or the use
of an alarm to summon the Police or Fire Department for reasons other
than emergency at the premises requiring assistance from the Police
or Fire Department, or conducting a test of the system without prior
notification thereof to the Police or Fire Department. False alarms
shall not include alarms caused by conducting a test of the system
with prior notification of the Police or Fire Department. False alarms
shall not include alarms caused by electrical interruptions due to
storms or other reason not the fault of the owner of the alarm system,
floods or other natural disasters.
The Chief of the Friendship Hose Company, No. 1, Dallastown,
Pennsylvania, or the Chief's designee or successor.
The record owner of any premises upon which an alarm system
is installed.
Any person, firm, partnership, association or corporation.
The Chief of the York Area Police Department or any other
department then providing police service to or for the Borough of
Dallastown, or such Chief's designee or successor.
The person in physical control of a premises upon which an
alarm system is installed, including but not limited to a tenant,
owner, contract purchaser or trustee.
The obligation for maintenance, repair and upkeep of an alarm
system shall be the full responsibility of the person who shall from
time to time have control of the building, structure or facility where
the alarm system is located.
A.
If an alarm system shall create three false alarms in any calendar year, the Police Chief or Fire Chief, as the case may be, shall notify the Borough Secretary, who in turn shall notify the owner and user of the system of that fact and that any further false alarms shall result in the imposition of a fee for answering any further false alarms as provided in Subsection B of this section. Such notice shall be given by mailing a certified letter, return receipt requested, or by personal service to the owner and user of such alarm system.
B.
There is hereby imposed a fee for response to false alarms in excess
of three in any calendar year. For the fourth such false alarm in
such calendar year, the fee imposed shall be $30; for the fifth such
false alarm in the same calendar year, the fee shall be $50; and for
the sixth and each succeeding false alarm thereafter in the same calendar
year, the fee shall be $100. This fee is imposed whether the false
alarm is received automatically through the alarm system or is emitted
or transmitted by any other means.
A.
It shall be unlawful for any person to willfully activate an alarm
system where there is no unlawful act being committed or about to
be committed on or regarding the property for which the alarm system
was installed or where there is no fire or other hazard or the need
for medical assistance or other assistance on, for or regarding said
property or any occupant thereof.
B.
It shall be unlawful for any person, whether or not an alarm system
owner or user, to cause a false alarm resulting in the dispatch of
the Fire Company or Police Department as a result of a test or to
work on an automatic alarm system without prior notification to the
Fire Chief or Police Chief that such a test or work will be conducted
or undertaken.
A.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $600,
plus the costs of such prosecution for each such violation, and shall
be subject to imprisonment of not more than 30 days in the event that
such fines are unpaid.
B.
In addition to the penalty provided for in § 72-5A of this chapter, Dallastown Borough shall have the right to file a municipal lien for any unpaid fees imposed pursuant to this chapter upon the real estate on which such alarm system is located.
C.
Dallastown Borough shall also have the right to institute a civil
action against the owner and user to collect any fees imposed by this
chapter that remain unpaid after 30 days of receipt of notice of such
imposition, plus costs of suit and interest at the legal rate of interest
on the unpaid balance.
