[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Tulpehocken as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-10-2002 by Ord. No. 2-2002]
The following definition shall apply in the interpretation and
enforcement of this article:
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to which police, fire department or emergency response agencies respond
which is not the result of an attempted illegal entry, burglary, intrusion,
fire, medical or other similar emergency, excluding weather extremes
and utility interruptions, which activates a protection device.
It shall be unlawful for the property owner, lessee or any person,
firm, corporation, or other entity occupying or otherwise on any premises
within Upper Tulpehocken Township, to make or cause to be made, a
false fire or security alarm, directly or indirectly to any fire department
or emergency response agency responding to alarms within the Township,
when the false alarm is caused by faulty detection or alarm equipment
or by the negligence of said property owner, lessee, person, firm,
corporation, or other entity.
A.
The status of an alarm is to be determined by the police department,
fire company, or other affected emergency response agency, and the
decision shall be final.
B.
Upon notification of a false alarm, a written report shall be made
within 14 days by the owner or lessee to the affected emergency response
agency and shall contain what steps have been taken to eliminate future
false alarms.
C.
Service fees for false alarms shall be assessed by the Township as
follows:
(1)
Third false alarm in any one calendar year shall be subject to a
service fee not to exceed $50.
(2)
Fourth false alarm in any one calendar year shall be subject to a
service fee not to exceed $100.
(3)
Fifth and subsequent false alarms in any one calendar year shall
be subject to a service fee not to exceed $200.
A.
In the event a violation of this article occurs, in addition to such
other remedies as may be available under existing law, the Township
may institute an action to prevent, restrain, correct, abate or enjoin
such violation.
B.
Any person or persons convicted of violating any of the provisions
of this article shall be subject to a fine not to exceed $1,000 per
violation, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Berks County
Prison to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be 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. The Township Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under the Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. Each day or portion thereof that a violation continues
or is permitted to continue shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any sentence, clause, section or part of this article is
for any reason found to be illegal, invalid or unconstitutional, such
illegality, invalidity or unconstitutionality shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared to be the intent of
the Board of Supervisors of Upper Tulpehocken Township that this article
would have been adopted had such illegal, invalid or unconstitutional
sentence, clause, section or part thereof not been included therein.
