[Adopted 5-15-1989 by Ord. No. 89-10]
The Board of Supervisors finds it to be in the interest of the
residents of Lower Paxton Township and the general public to prevent
and deter the installation, maintenance and use of police and fire
alarms that provide repetitious false alarms.
As used in this article, the following terms shall have the
meanings indicated:
POLICE ALARM
Includes alarms commonly referred to as "burglar alarms"
and "holdup alarms."
The use of police or fire alarms, whether audible or direct-line
type of alarms, are expressly permitted subject to the following conditions:
A. Direct-line radio or other electronic police or fire alarms shall
be installed by competent workmen so that such devices shall not emit
false alarms.
B. Any alarm system that produces false alarms shall constitute a public
nuisance if such system activates more than one false alarm in any
thirty-day period, two false alarms in any ninety-day period, three
false alarms in any one-hundred-eighty-day period or four false alarms
in any three-hundred-sixty-five-day period.
C. Any police officer or fire fighter who responds to a false alarm
shall report the same to the Commissioner of Police who shall monitor
and maintain records concerning such false alarms.
D. When any alarm system shall constitute a public nuisance as set forth
hereunder, the Commissioner of Police shall notify the owner of the
system that it has activated more false alarms than is permissible
hereunder and that any future false alarms shall result in the prosecution
for violation of this article.
E. Notice as required by this article shall be given by the Commissioner
of Police by mailing a certified letter with return receipt requested
or by personal service of such notice by handing a copy of the same
to the owner of the subject property or to an adult representative
thereof. If service is made in person, the Commissioner of Police
or his or her designee shall file a proof of service which shall be
under oath and which shall designate the person upon whom service
was made.
F. For the purpose of this article, the owner of real estate on which
an alarm system is placed and used shall be considered the owner and
the person responsible for its proper maintenance and use.
G. In addition to any penalty provided hereunder, upon notifying the
owner that the police or fire alarm system constitutes a public nuisance,
the Commissioner of Police shall also notify Dauphin County Emergency
Management and any other agency handling the system that the system
has been declared a public nuisance and that the system should be
disconnected and no longer used.
It shall be unlawful for any owner of property or persons in
charge of real property to use or permit to be used any burglar or
fire alarm system that has previously been declared a public nuisance
as provided herein. If any false alarm shall be given by such system
following the date of receipt of notice as set forth herein, the false
alarm shall be unlawful and constitute a violation of this article.
All outdoor audible alarms that are activated falsely shall
be subject to the same conditions applicable to direct-line radio
or other electronic calls that result in false alarms.
Following notice by the Commissioner of Police that a police
or fire alarm system constitutes a public nuisance, the owner of such
system may file an affidavit with the Commissioner of Police indicating
under oath that the false alarms previously caused by such system
were caused by a known mechanical or other defect within the system,
not to include improper use. Such owner may verify and shall include
a statement by competent workmen or repairmen in the field that such
system was defective and such deficiency has been corrected. Upon
filing of such affidavit with appropriate exhibits, the false alarm
history concerning the premises shall be considered void and of no
legal effect.
Where false alarms have originated from negligent use or a combination of negligent use and a defective system, in order to terminate the finding that the system is a public nuisance, an owner shall comply with the provisions of §
59-6 and, in addition, file an affidavit explaining the steps that have been taken to correct the negligent use which has resulted in false alarms. Upon acceptance of such affidavits by the Commissioner of Police, the declaration of the alarm system as a public nuisance shall be considered void and of no legal effect. Nevertheless, should such a system be declared a public nuisance as provided in §
59-3 within a period of one year following reinstatement under this section or §
59-6, use of such system shall terminate for a period of one year before this section shall be used to reinstate service.
Any alarm system whereby police officers or fire fighters are
directly dispatched as a result of an alarm which automatically signals
or calls Dauphin County Emergency Management or any audible signal
once declared to be a nuisance shall require the prior consent of
the Commissioner of Police before it may be utilized.
Any permission to install a police or fire alarm system granted
by the Commissioner of Police shall be predicated upon the specific
condition that should such system prove to constitute a public nuisance
as defined hereunder, then the alarm system shall be terminated also
as provided herein.
Any owner of a police alarm, fire alarm, smoke detector or other type of alarm, and 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 as set forth from time to time by resolution of the Board of Supervisors for each false alarm after the third false alarm responded to by the Police or Fire Departments within a calendar year. Failure to pay the response charge within 30 days of written notice from the responding department shall result in prosecution as prescribed in §
59-11.