[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:
EMERGENCY SERVICES
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.
FALSE ALARM
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.