[HISTORY: Adopted by the Borough Council of the Borough of East Pittsburgh 12-17-2019 by Ord. No. 921. Amendments noted where applicable.]
In order to promote and protect the health, safety and welfare of the residents of East Pittsburgh Borough, Allegheny County, Pennsylvania, the Borough Council has determined that it is necessary to amend the Borough's Code of Ordinances to provide penalties for false alarms.
A. 
Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:
EMERGENCY SERVICES
The services provided by the Rivers Edge Volunteer Fire Department and/or any emergency agency or provider operating within the Borough of East Pittsburgh 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 Rivers Edge Volunteer Fire Department and/or other emergency services agencies or providers 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.
B. 
False alarms prohibited. It shall be unlawful for the property owner, lessee, or any person occupying, in control of, or otherwise on or in any premises within East Pittsburgh 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.
C. 
False alarm service fees.
(1) 
Whether an alarm is a false alarm as defined herein is to be determined by the Rivers Edge Volunteer Fire Department or other affected emergency services agency or provider in its sole judgment. The decision shall be final.
(2) 
Upon notification to East Pittsburgh 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 chapter, and directing that a written report be made within 14 days by said owner, lessee, or occupant of the property to the Rivers Edge Volunteer Fire Department, and/or other emergency service agency or provider, setting forth what steps have been taken to eliminate future false alarms.
(3) 
Service fees for false alarms shall be assessed by and paid to East Pittsburgh Borough as follows:
(a) 
A second false alarm in any one calendar year shall be subject to a service fee of $100 to residential homeowners and $200 to commercial buildings.
(b) 
A third false alarm in any one calendar year shall be subject to a service fee of $200 to residential homeowners and $400 to commercial buildings.
(c) 
A fourth and all subsequent false alarms in any one calendar year shall be subject to a service fee of $500, plus prosecution, in accordance with this chapter.
(d) 
These fees may be amended by the Borough Council by simple resolution.
(4) 
East Pittsburgh Borough shall be responsible for administering the terms of this chapter.
D. 
Penalties and remedies for violations.
(1) 
In the event a violation of this chapter occurs, in addition to such other remedies as may be available under existing law, East Pittsburgh Borough may institute an action in equity to prevent, restrain, correct, abate or enjoin such violation.
(2) 
Any person, whether as principal or agent, who violates this chapter, fails to comply with any provision of this chapter, or assigns or abets its violation, shall upon conviction thereof, before any Magisterial District Judge, be sentenced to pay a fine not less than $100, nor more than $300, together with the costs of prosecution and service fees as set forth above. In default of the payment of said fine, costs and service fees, he or she shall be committed to the county jail for a period not exceeding 30 days.
The fines implemented in this chapter shall not be imposed for a period of one month. The one-month grace period shall begin on the effective date of this chapter. At the completion of the one-month grace period, any violation of this chapter 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 service agency or provider responding to the false alarm or by East Pittsburgh Borough.
C. 
All remedies set forth in this chapter 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. 
East Pittsburgh Borough is hereby authorized and directed to execute any and all documents necessary to effectuate the purposes of this chapter.
B. 
The Code Enforcement Officer shall have all necessary power and authority to enforce this chapter by issuing citations and taking all necessary actions as directed by the Borough.
In the event that any provision, section, sentence, clause, or part of this chapter is held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of the chapter, it being the intent of the Borough Council that such remainder shall be and shall remain in full force and effect, and for this purpose, the provisions of this chapter are hereby declared to be severable.
This chapter shall take effect immediately.