[HISTORY: Adopted by the Board of Supervisors of the Township
of Chestnuthill as indicated in the article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 74.
[Adopted 2-20-2018 by Ord. No. 2018-02]
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
A device or assembly of equipment or devices designed or
arranged to signal the presence or existence of a hazard requiring
urgent attention of Fire Department personnel. These systems include:
Smoke, fire, sprinkler alarms and any other alarm which requires
an emergency response by the Fire Department;
Those systems terminating at a dedicated piece of equipment
within the Fire Department;
Automatic devices which transmit voice reproductions or messages
over telephone lines; and
Systems which notify certain alarm stations who in turn notify
the Fire Department.
Any person who owns, possesses, controls, or otherwise exercises
dominion over a premises or property, or who regularly supervises
the operation of any business thereon, on or in regard to which premises
or property an alarm system is maintained. This shall include, but
not be limited to, a person who is the grantee under a deed, purchaser
under a contract or a tenant.
The Board of Supervisors of Chestnuthill Township, Monroe
County, Pennsylvania.
The activation of an alarm system resulting in a signal or
calls being received by the Fire Department when there is no threat
to life, safety, or property requiring its urgent attention in, on,
or at the property in regard to which the signal or call was sent.
A false fire alarm includes, but is not limited to, activation of
an alarm system caused by human error; a mechanical or system malfunction
which results from neglect or failure to maintain; or an intentional
activation when no threat is present which may also be subject to
criminal prosecution.
The West End Fire Company, as well as any other fire company
which is an officially designated provider of fire protection in Chestnuthill
Township.
Except as herein otherwise expressly provided, two or more false
alarms in a forty-eight-hour period, three or more false alarms in
a seven day period, and four or more false alarms in one calendar
year, from the same premises, which cause the Fire Department to be
alerted, whether or not an actual response to the premises by the
Fire Department occurs, shall each constitute a nuisance fire alarm
A false fire alarm shall not be counted for purposes of determining
whether a nuisance fire alarm occurred, if it is determined by the
Fire Department official in charge that the false alarm was caused
by:
A natural or man-made catastrophe or an act of God. Such events
include, but are not limited to, tornadoes, floods, earthquakes or
other similar violent conditions, adverse weather conditions, or power
failure/restoration.
The testing of a local/audible alarm system by a licensed alarm
business, agent, or employee who is present at the premises servicing,
repairing or installing the alarm when the agent or user has contacted
the alarm company and informed them of the test (with documented proof).
Activation by other extraordinary circumstances not reasonably
subject to control by the alarm owner.
Any individual, public or private corporation, for profit
or not for profit, association, partnership, limited-liability company,
firm, trust, estate, department, board, bureau or agency of the commonwealth
or the federal government, political subdivision, municipality, district,
authority, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A lot, plot, or parcel of land, including any buildings and
structures thereon.
Chestnuthill Township, Monroe County, Pennsylvania, a political
subdivision of the Commonwealth of Pennsylvania, acting by and through
its Board of Supervisors, and including any authorized person acting
on its behalf.
The administrative officer or other authorized individual
appointed by the Board of Supervisors charged with the duty of administering
and enforcing the provisions of this article.
The alarm owner shall be responsible for all false fire alarms
emanating from, or in relation to, the alarm owner's property, and
said alarm owner shall promptly take any and all necessary actions
to correct/repair, or otherwise implement procedures with respect
to, the fire alarm system to prevent false fire alarms in the future.
The Township Codes Enforcement Officer will send a written notice/warning
to such alarm owner by United States first-class mail, regarding each
such false fire alarm, until the number of false fire alarms constitutes
a nuisance fire alarm.
Upon determination that a nuisance fire alarm has occurred,
the Township Codes Enforcement Officer shall issue and either personally
deliver or send by both United States certified mail, return receipt
requested, and United States first-class mail to the last known address
of the alarm owner, a notice of violation advising of such nuisance
fire alarm, and assessing a fine in the amount of $100 for each such
nuisance fire alarm, which fine shall be paid to the Township, in
full, within 14 days after the date of the notice of violation. Failure
of the alarm owner to pay said fine on or before its due date shall
constitute a separate violation of this article.
The Township Codes Enforcement Officer shall be responsible
for the enforcement of the terms of this article.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
less than $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by Chestnuthill Township
in the enforcement proceedings, and/or be imprisoned to the extent
allowed by law for the punishment of summary offenses. Each day or
portion thereof that a violation exists or continues shall constitute
a separate violation. Further, the appropriate officers or agents
of Chestnuthill Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance with this article. All
fines, penalties, costs and reasonable attorneys' fees collected for
the violation of this article shall be paid to Chestnuthill Township
for its general use.
