[Ord. No. 337, 1/10/2011]
It shall be the duty of the Borough of Elizabethville, through
the designated official, to enforce the provisions of this Part.
[Ord. No. 337, 1/10/2011]
As used in this Part, the following terms shall have the meanings
indicated:
ALARM SYSTEM
Any assembly of equipment, mechanical, electrical or battery-operated,
arranged to signal the occurrence of a police, fire, hazard or medical
emergency requiring urgent attention and to which police, fire or
medical units are expected to respond.
BURGLAR AND FIRE ALARM EQUIPMENT
Any and all equipment utilized for the purpose of transmitting
a signal or alarm pertaining to property or business located within
Elizabethville Borough to the attention of the Police and/or Fire
Department, whether or not said equipment directly alerts the Police
and/or Fire Department or alerts any other authorities for relaying
the alarm or alarms.
[Ord. No. 337, 1/10/2011]
The obligation for the maintenance, repair and upkeep of burglar
and fire alarm equipment or systems shall be the full responsibility
of the person having had the same installed or his successor utilizing
said equipment.
[Ord. No. 337, 1/10/2011]
1. It shall be unlawful and a violation of this chapter for any person
or persons, firm or corporation or other legal entity to commit the
following:
A. Test a burglar or fire alarm system without prior notice to the Police
and/or Fire Department.
B. Send an alarm through a burglar or fire alarm system to test the
response time of the Police and/or Fire Department.
C. Intentionally or knowingly send or cause to be sent a false burglar
or fire alarm.
D. Negligently cause an alarm to be sent or transmitted through a burglar
or fire alarm system. It shall be deemed to be a negligent act to
accidentally send a burglar or fire alarm when no burglary or fire
is in fact occurring; it shall also be deemed to be negligent to fail
to properly maintain and have burglar or fire alarm equipment in such
a state of repair which results in the sending of a burglar or fire
alarm due to mechanical failure or activation of the burglar or fire
alarm system; provided, however, that it shall not be deemed negligence
if a burglar or fire alarm signal is sent as a result of an act of
God, e.g., lightning or other electrical surcharge not the fault of
the installer or his successor; nor shall it be deemed to be negligence
for a person reasonably believing a burglary or fire to be taking
place to send or cause to be sent an alarm through a burglar or fire
alarm system.
[Ord. No. 337, 1/10/2011]
1. Any owner of a police alarm, fire alarm, smoke detector or other
type of alarm, which alarm has a direct or indirect connection which
calls for a response from the Police or Fire Department, shall be
charged a response charge in each calendar year, as follows:
Alarm
|
Charge
|
---|
First 2 false alarms in period
|
No charge
|
Third and fourth false alarms
|
$100
|
Fifth and sixth false alarms
|
$200
|
Seventh and eighth false alarms
|
$500
|
Ninth false alarm and any false alarms thereafter
|
$1,000
|
2. The response charge shall be paid over to the Fire Department for
Fire Department calls.
3. Failure to pay the response charge within 30 days of written notice from the Borough may result in prosecution as prescribed under §
4-306, Violations and Penalties.
[Ord. No. 337, 1/10/2011]
Any person, persons, firm or corporation or other legal entity
causing a false burglar or fire alarm to be sent or who otherwise
violates the provisions of this Part shall be subject to prosecution
before the District Justice and a fine of not less than $100 nor more
than $1,000, plus costs, or, in default of payment of such fine or
costs, to undergo imprisonment of not more than 30 days. Every day
that a violation of this Part continues shall constitute a separate
offense.