[HISTORY: Adopted by the City Council of the City of Hazleton 5-23-2018 by Ord. No. 2018-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 83, Alarm Devices, of the 1995 Code, which consisted of Art. I, Burglar Alarms, and Art. II, Police and Fire Alarms.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular number; words in the singular shall include the plural; and words in the masculine shall include the feminine and the neuter.
ALARM
Communication to the Police Department or Fire Department indicating that a crime, fire or other emergency situation warranting immediate action by the Police Department or Fire Department has occurred or is occurring.
ALARM DEVICE
Any device designated to automatically transmit an alarm by wire, telephone, radio or other means:
A. 
Directly to the Police Department or Fire Department;
B. 
To a person who is instructed to notify the Police Department or Fire Department of the alarm; or
C. 
To activate a bell or sounding device to be heard outside the building which is intended to alert the Police Department or Fire Department or others to the existence of a crime or other emergency situation warranting Police action and/or Fire Department action.
CITY
The City of Hazleton.
ENTITY
An individual, corporation, partnership, incorporated association or other similar entity.
FALSE ALARM
The activation of an alarm device by inadvertence, negligence, or intentional or unintentional acts, to which the Hazleton Police Department or Fire Department responds, including alarms caused by malfunction of the alarm device.
A. 
Any entity causing false alarm(s) for any reason shall pay to the City a charge for each and every false alarm to which the Police Department or Fire Department responds, in each calendar year, pursuant to § 125-3, below.
B. 
False alarm totals shall be calculated within 15 days of the end of each month by the Police Department and Fire Department. Those totals shall be forwarded to the City Finance Officer (or other appropriate City designee) to be processed into bills. The entity should receive written notice of the billing at its last known address by regular mail within 30 days of the monthly cycle. Within 60 days of January 1, a bill shall be sent to all entities reflecting any unpaid balances due from the preceding year. Failure by the City of Hazleton to mail notice of assessment of a false alarm charge within one year from the date of occurrence of the false alarm shall preclude the City of Hazleton from assessing a false alarm charge.
C. 
A false alarm charge shall be due and payable to the City of Hazleton within 30 days from the date of the mailing of the written notice of assessment.
D. 
Failure of an entity causing a false alarm to pay a false alarm charge on or before the date due shall constitute a violation of this article and shall subject said entity to the penalties set forth herein. The Hazleton Police Department or Fire Department (or other appropriate City designee) shall be responsible for filing the appropriate legal complaint with the Magisterial District Judge within whose jurisdiction the property is located.
Should any alarm device described in this chapter cause a false alarm during any calendar year to date, then the following graduated service charge shall be levied against the entity pursuant to Subsection A if levied by the Hazleton Fire Department and pursuant to Subsection B if levied by the Hazleton Police Department:
A. 
Fire Department-levied service charges:
(1) 
First and second false alarms: no charge.
(2) 
Third and fourth false alarms: $250 each.
(3) 
Fifth false alarm: $500.
(4) 
Sixth and subsequent false alarms: $1,000 each.
B. 
Police Department-levied service charges:
(1) 
First and second false alarms: no charge.
(2) 
Third and fourth false alarms: $100 each.
(3) 
Fifth false alarm: $250.
(4) 
Sixth and subsequent false alarms: $500 each.
The following shall not be considered false alarms:
A. 
Alarms caused by the testing, failure or repair of telephone equipment lines. The entity shall be responsible for notifying their alarm company prior to any testing.
B. 
Alarms caused by an act of God, such as an earthquake, flood windstorm, thunder or lightning.
The City of Hazleton, through the Police Department, the Fire Department or any other appropriate City designee, shall have the responsibility and authority to assess the fees as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any entity which shall fail, neglect or refuse to comply with any of the terms or provisions of this chapter, or of any regulation or requirement pursuant hereto, shall, upon conviction thereof, be subject to the penalty in Chapter 1, Article II, Violations and Penalties, of the Code of the City of Hazleton. Each day's violation shall constitute a separate offense.