The purpose of this article is to impose administrative sanctions and criminal penalties in order to reduce the number of false alarms, both fire and police, originating from homes, businesses and other establishments located in Springfield Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-1994 by Ord. No. 1994-02]
The provisions of this article shall apply to any person who owns, operates or maintains an alarm system designed to summon the police, Fire Department or other municipal agencies to any location in response to any type of alarm signal.
As used in this article, the following terms shall have the meanings indicated:
The console or control panel giving visual or audio notice of intrusion, fire, smoke or other peril located within the confines of York County Control or other designated central monitoring station.
Any device or combination of devices designed and intended to give visual or audio notice of an intrusion, fire, smoke, flood or other peril.
Any alarm produced by an alarm system when the alarm system has been activated by inadvertence, negligence, intentional or unintentional acts of someone other than an intruder, or any alarm caused by the malfunction of the alarm system and related equipment. The term "false alarm" shall not include alarms produced by the malfunction of the alarm console.
Any false alarm which requires primary response by firefighting personnel and equipment.
Any false alarm which requires primary response by the Pennsylvania State Police Department or any other Police Department.
Any natural person, partnership, corporation, business or other association.
On or after the effective date of this article, it shall be unlawful for any person to transmit, cause to be transmitted, or allow to be transmitted, any false alarm originating from an alarm system. Any person who shall transmit, cause to be transmitted, or allow to be transmitted a false alarm, shall, after the transmission of such false alarm, comply with the provisions of this article, or in lieu thereof, shall be prosecuted as provided by law.
Any person who knows or has reason to know that an alarm transmitted by an alarm system is a false alarm shall immediately notify York County Control or any other agency monitoring an alarm console, the Pennsylvania State Police, the Fire Department or other appropriate agency that the alarm transmitted by the alarm system is a false alarm.
A.
Whenever the Springfield Township Board of Supervisors has been advised by the Pennsylvania State Police that a false alarm has been transmitted by an alarm system, the Board of Supervisors shall maintain a record of such false alarm transmitted by the system.
B.
The Board of Supervisors of Springfield Township hereby imposes the following administrative sanctions for false police alarms:
(1)
During any calendar year, a warning shall be issued for the first three false police alarms transmitted by the an alarm system. For the first three false police alarms in any given calendar year, the Board of Supervisors, or their designee, shall notify the person occupying the premises where the alarm system is located that a false police alarm has been transmitted by the alarm system and shall provide to the person occupying the premises where the alarm system is located with a copy of this article.
(2)
A person that owns, uses or possesses an alarm device or automatic dialing device may not, after causing or permitting three false alarms to occur in a consecutive twelve-month period, cause or permit a subsequent false alarm to occur in the same consecutive twelve-month period. A person who violates this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $300.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Whenever any Fire Department serving the citizens of Springfield Township shall notify the Board of Supervisors that a false alarm has been transmitted by an alarm system, the Board of Supervisors, or their designee, shall keep a record of all such alarm notices transmitted by any alarm system.
B.
The Board of Supervisors of Springfield Township, or their designee, shall, upon report of such a false alarm, notify the person in violation of the false alarm and shall provide said person with a copy of the ordinance.
C.
A person that owns, uses or possesses an alarm device or automatic dialing device may not, after causing or permitting three false alarms to occur in a consecutive twelve-month period, cause or permit a subsequent false alarm to occur in the same consecutive twelve-month period. A person who violates this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $300.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Notice as required by this article shall be given by the Township Board of Supervisors or their designee to the person occupying the premises where the alarm system is located by mailing a copy of this notice by first-class mail to such person at the address where the alarm system is located. Personal service of the notice may also be given by handing a copy of the notice to the occupant of the premises where the alarm system is located, to an adult resident thereof, or an employee located therein. If service is made by personal service, the Township Board of Supervisors, or their designee, shall file a proof of service which shall be under oath and which shall designate the person and title upon whom service was made.
Where the provisions of this article would cause unique or undue hardship as it applies to a particular person, the Board of Supervisors of Springfield Township may grant a modification from the strict application of the terms of this article if the modification will not conflict with the general purpose of this article. In granting a modification, the Board of Supervisors may impose conditions which will substantially secure compliance with the purpose of this article.
In the event any provision, section, sentence, clause or part of this article shall be held invalid, such invalidity shall not affect or impair any remaining provisions, sections, sentences, clauses or parts of this article. It being the intent of the Springfield Township Board of Supervisors that such remainder shall be and shall remain in full force and effect.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
The effective date of this article shall be March 16, 1994.