[Ord. No. 210, 2/15/2005]
For purposes of this chapter, the following terms are defined
as follows:
An alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence or unintentional act, to
which emergency units respond. The definition excludes alarms caused
by malfunctions of the County Department of Emergency Services'
receiving equipment; alarms for which the user has attempted to cancel
response; testing or repairing of telephone or electrical lines or
equipment outside the premises; acts of God, such as earthquake, flood,
windstorm, thunder or lightning; an attempted illegal entry, a crime
in progress, or, in the case of emergency medical alarm, an actual
medical emergency requiring police, fire and/or medical personnel.
If doubt exists as to the cause of the false alarm, the provider of
the emergency service together with the Township Fire Marshal or designated
coordinator shall make a decision regarding the circumstances of the
activation and it shall be final.
An individual, corporation, partnership, incorporated association
or other similar entity.
The Township Police or any fire department serving the Township.
[Ord. No. 210, 2/15/2005]
It shall be unlawful for the property owner, lessee or any person
occupying or outerwear on any premises within Amity 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 or person.
[Ord. No. 210, 2/15/2005]
(a)
When a false alarm occurs, the Township Police Chief, within 15 days
from the date of each false alarm, shall notify the owner or lessee
of the alarm device from which the false alarm emanated that a false
alarm charge is due and the amount thereof, if any. Such notice shall
be in writing and sent by certified mail, return receipt requested,
postage prepaid, to the owner or lessee at his last known address.
Failure of the Township Police Chief to mail notice of assessment
of a false alarm charge within 15 days from the occurrence of a false
alarm shall preclude Township from assessing a false alarm charge.
(b)
A false alarm charge shall be due and payable at the office of the
Township Police Department within 30 days from the date of the mailing
of the notice of assessment of the false alarm charge.
(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.
[Ord. No. 210, 2/15/2005]
Enforcement of this chapter may be by civil action and/or by
criminal prosecution, as provided in 18 Pa.C.S.A. § 7511.
Any person who violates this chapter commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of not more than
$600, plus costs, for each offense.
[Ord. No. 210, 2/15/2005]
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors of the Township of Amity that this chapter would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
