[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-13-2017 by Ord. No. 588]
The following definitions shall apply in the interpretation
and enforcement of this article:
The services provided by the Blawnox Police Department and
the Blawnox Borough Volunteer Fire Company and/or any emergency agency
or provider operating within the Borough of Blawnox 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 Borough of Blawnox and/or other emergency services agency or
provider respond 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.
It shall be unlawful for the property owner, lessee, or any
person occupying, in control of, or otherwise on or in any premises
within Blawnox 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 responding emergency services provider. The decision shall
be final.
B.
Upon notification to the Blawnox Borough office by the emergency
services provider of a first false alarm within a calendar year, the
Borough office shall send a written warning to the owner, lessee,
and/or occupant of the premises notifying said person or persons of
the violation 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 Borough office, and/or other emergency service 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 the
Borough office as follows:
(1)
A third false alarm in any one calendar year shall be subject to
a service fee of $300 for residential homeowners and $400 for commercial
buildings.
(2)
A fourth false alarm and all subsequent false alarms in any one calendar
year shall be subject to a service fee of $500 for residential homeowners
and commercial buildings, plus prosecution in accordance with this
article.
D.
False alarm service fees shall be due and payable at the Borough
office within 30 days from the date of the mailing of the notice of
the assessment of the false alarm service fee.
A.
Any person, whether as principal or agent, 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 Magisterial
District Judge, be sentenced to pay a fine not less than $300, nor
more than $1,000, together with the costs of prosecution and service
fees as set forth above.
B.
A person that violates this subsection commits a summary offense
and shall, upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Allegheny County.
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
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 article is intended to prohibit the prosecution of
false alarms pursuant to 18 Pa.C.S.A. § 7511, as may be
amended, by the emergency service agency or provider responding to
the false alarm or by the Borough of Blawnox.
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.
The Borough of Blawnox and its emergency service providers are
hereby authorized and directed to execute any and all documents necessary
to effectuate the purposes of this article. The Blawnox Police Department
shall have all necessary power and authority to enforce this article
by issuing citations and taking all necessary actions as directed
by the Borough.
