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Township of North Strabane, PA
Washington County
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[Ord. No. 387, 6/23/2020]
This Part is adopted to promote and protect the public health, safety, comfort, convenience, prosperity and other aspects of the general welfare of Township residents. The Washington County 911 Dispatch Center and Emergency Call System ("911 emergency system") is set up to assist residents in the event of an emergency and/or other life-threatening event. Misuse of the 911 emergency system redirects valuable resources and burdens the emergency response personnel which may result in serious harm to the public health and safety. In addition it is the intent of this Part to require the Township police, Fire Department and/or other emergency personnel to invoice individuals for the costs, expenses and fees incurred by the Township police, Fire Department and/or other emergency personnel in response to any unlawful act or violation of the 911 emergency system as set forth herein.
[Ord. No. 387, 6/23/2020]
In addition to the definitions contained within the Township Code, the following definitions shall apply:
ACTOR
The person violating any ordinance of the North Strabane Township and/or any laws of the Commonwealth of Pennsylvania and/or those laws, rules and regulations designated as the Pennsylvania Crimes Code, Pa.C.S.A. Title 18 and Title 35, Chapter 6 and Chapter 53, respectively and in their entirety.
REQUEST FOR RESPONSE
Any communication to the North Strabane Township or County 911 Dispatch Center or to the police or other entity, indicating the possibility or existence of the occurrence of a crime or other emergency situation warranting immediate action by the police, fire and/or other emergency personnel.
REQUESTOR/THIRD PARTY
Any person, tenant, resident, business organization, nonprofit organization, charitable institution, agent, servant or employee who makes a request for response.
RESPONSE
Any request for response which causes the North Strabane Township Police Department, Fire Department or other emergency personnel to utilize its communications system, motor vehicles and/or personnel to arrive at any place designated by the requestor.
[Ord. No. 387, 6/23/2020]
1. 
A person who intentionally calls the 911 emergency system for a reason other than emergency purposes or abuses the emergency call system commits a misdemeanor of the third degree.
2. 
Any other unlawful act set forth in 35 Pa.C.S.A. § 5310 (911 Emergency Communications Services).
[Ord. No. 387, 6/23/2020]
Any individual who commits an unlawful act as set forth in § 603 shall be subject to the initiation of criminal proceedings for the violation.
[Ord. No. 387, 6/23/2020]
1. 
In addition to and/or in lieu of filing criminal charges set forth in § 604, any requestor who commits an unlawful act or who makes a request for response which causes a response and subsequently results in the cancellation of the call or withdrawing of charges initiated as a result of the response or any requestor who unreasonably makes multiple requests for response that are deemed improper, harassing, unnecessary and baseless shall be charged the cost of the response as set forth herein.
2. 
The North Strabane Township Police Department, Fire Department and/or other emergency personnel shall provide an invoice through the office of the Township Manager to the actor/perpetrator with payment to be made within 10 days of receipt of the invoice notice for the Township's emergency call response.
3. 
Failure to pay the Township invoice in a timely matter shall result in a $150 fine being assessed by North Strabane Township for the administrative costs of the Township in pursuing reimbursement; this amount to be amended by resolution from time to time. Said fine shall be assessed against each unpaid invoice.
4. 
In addition to and/or in lieu of filing criminal charges as set forth in § 604, failure to pay the aforesaid invoicing and fines shall cause the Township of North Strabane to seek any and all legal remedies, including a complaint for contempt of court, initiating a citation, civil action, judgment and/or municipal lien against the invoiced party for the unpaid fees and costs incurred. The foregoing notwithstanding, North Strabane Township, through its relevant agency, may request any court having competent jurisdiction over a requestor, actor or perpetrator to make restitution to North Strabane Township consistent herein.
5. 
Interest on the unpaid balance of any invoices of any fees shall carry an interest rate of 9% per annum on the unpaid balance or the rate established by the court with jurisdiction. In addition, North Strabane Township may assess attorney's fees, or costs and expenses associated with the collection of any fee, fines or penalties authorized herein.
[Ord. No. 387, 6/23/2020]
Any provisions of any previous Township ordinance which are inconsistent herewith are hereby repealed to the extent of any such inconsistency. To the extent the ordinances are not inconsistent, they remain in full force.
[Ord. No. 387, 6/23/2020]
If any sentence, clause, section or other part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
[Ord. No. 387, 6/23/2020]
This Part shall become effective five days after adoption.