[Adopted by the Borough Council of the Borough of Mount Wolf
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-2019 by Ord. No. 2019-01]
The following definitions shall apply in the interpretation
and enforcement of this article:
Use of an alarm system in a building or structure designed
for commercial, industrial or other nonresidential use.
The services provided by the Northeastern Regional Police
Department, the Eagle Volunteer Fire Company and/or any emergency
agency or provider operating within the Borough of Mount Wolf or the
Commonwealth of Pennsylvania.
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means, to which Emergency
Services of the Northeastern Regional Police Department and/or other
emergency services agency or provider responds and where it is determined
that the alarm was not the result of a crime in progress, fire, medical
or other emergency necessitating a response by emergency services,
excepting those alarms which are caused solely by weather extremes
or inadvertent utility interruptions.
Use of an alarm in a building or structure designed for occupation
as a residence or domicile.
It shall be unlawful for the property owner, lessee, or any
person occupying, in control of, or otherwise on or in any premises
within Mount Wolf Borough to make or cause to be made a false alarm,
directly or indirectly, to any emergency services agency or provider
responding to alarms within the Borough.
A.
Whether an alarm is a false alarm as defined herein is to be determined
by the Northeastern Regional Police Department or other affected emergency
services agency or provider. The decision shall be final.
B.
Upon notification to Mount Wolf Borough of a first false alarm within
a calendar year, the Borough shall send a written warning to the owner,
lessee, and/or occupant of the premises notifying said person or persons
of this article, and directing that a written report be made within
14 days by said owner, lessee, or occupant of the property to the
Northeastern Regional Police Department, and/or other emergency services
agency or provider, setting forth what steps have been taken to eliminate
future false alarms.
C.
Service fees for false alarms shall be assessed by and paid to Mount
Wolf Borough as follows:
(1)
A second false alarm in any one calendar year shall be subject to
a service fee of $100 issued to the property owner of a property used
for residential use and $200 issued to the property owner of a property
used for commercial use.
(2)
A third false alarm in any one calendar year shall be subject to
a service fee of $200 issued to the property owner of a property used
for residential use and $400 to the property owner of a property used
for commercial use.
(3)
A fourth and all subsequent alarms in any one calendar year shall
be subject to a service fee of $500, plus prosecution, in accordance
with this article.
A.
In the event a violation of this article occurs, in addition to such
other remedies as may be available under existing law, Mount Wolf
Borough may institute an action in equity to prevent, restrain, correct,
abate or enjoin such violation.
B.
Any person, individual, company, corporation, or entity who violates
this article, fails to comply with any provision of this article,
or assigns or abets its violation shall, upon conviction thereof,
before any Magistrate, be sentenced to pay a fine of not more than
$1,000, together with the costs of prosecution and service fees, including
attorney's fees, as set forth above. In default of the payment
of said fine, costs and service fees, he or she shall be imprisoned
for a period not exceeding 30 days.
The fines implemented in this article shall not be imposed for
a period of one month. The one-month grace period shall begin on the
effective date of this article. At the completion of the one-month
grace period, any violation of this article shall be enforced by all
available procedures.
A.
Any ordinance, resolution or part thereof in conflict herewith is
hereby repealed to the extent of said conflict.
B.
Nothing in this section is intended to prohibit the prosecution of
false alarms pursuant to 18 Pa.C.S.A § 7511, as may be amended,
by the emergency services agency or provider responding to the false
alarm or by Mount Wolf Borough.
C.
All remedies set forth in this article are cumulative, and the failure
to pursue any one of said remedies does not constitute a waiver of
said remedy or any other remedy.
A.
Mount Wolf Borough is hereby authorized and directed to execute any
and all documents necessary to effectuate the purposes of this article.
B.
The Code Enforcement Officer, Zoning Officer, Mayor, Borough Council,
and any officers, managers, employees, or agents shall have all necessary
power and authority to enforce this article by issuing citations and
taking all necessary actions as directed by the Borough.
