[Ord. No. 39-2021, passed 7-21-2021]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
(a) ALARM
SYSTEM DEVICE — One or more alarm devices which transmit an
alarm by wire, telephone, radio or other means:
(1) Directly to the Department;
(2) To a person who is instructed to notify the Department of the alarm;
or
(3) To activate a bell or sounding device to be heard outside a building
which is intended to alert the Department or others to the existence
of a crime, fire or other emergency situation warranting action.
(b) ALARM
SYSTEM DEVICE USER — The person who occupies a premises on which
an alarm device is operated, or if no person occupies the premises,
the person having the right to possession of the premises on which
the alarm device is operated.
(c) DEPARTMENT
— Erie County 911 Center, and/or the City of Erie Fire Department
and/or the City of Erie Police Department, as applicable.
(d) FALSE
ALARM — An alarm to which the Department responds resulting
from the activation of an alarm device when a crime, fire or other
emergency warranting immediate action by the Department has not in
fact occurred.
(e) PERSON
— An individual, firm, partnership, association, corporation,
company or business of any kind.
(f) PA FIRE RECOVERY SERVICE — The third-party billing provider who has contractually agreed to collect penalties as set forth in Section
349.02 on behalf of the City of Erie.
[Ord. No. 39-2021, passed 7-21-2021]
(a) False alarms. Any person causing a false alarm for any reason shall pay to the City a fine for each and every false alarm to which the Police and/or Fire Departments respond, except as provided in Subsection
(b) hereof.
(b) Fine
exceptions. No fine shall be levied for the first three false alarms
occurring within a given calendar year.
(c) False
alarm fines. The alarm device user shall pay a false alarm fee in
the amount of $100 for the fourth false alarm and a fee of $200 for
the fifth false alarm and a fee of $300 for each and every false alarm
thereafter occurring within a given calendar year.
(d) Notice.
PA Fire Recovery Service shall notify the user of the assessment of
each false alarm and shall invoice the alarm device user. Such notice
shall be in writing and mailed to the alarm device user at his last
known address by regular mail, postage prepaid.
(e) Due
date. The false alarm fine shall be due and payable to PA Recovery
Service 30 days from the date of the mailing of the notice of assessment.
Failure to pay a false alarm fine shall subject the alarm device user
to the penalty provision of this article.
(f) Exceptions.
A false alarm shall not include an alarm activated by the following:
(1) Testing or repairing telephone lines or electrical lines or equipment
outside the premises; or
(2) Unusually violent conditions of nature such as extreme weather conditions,
power outages or water pressure changes; or
(3) Other extraordinary circumstances not reasonably subject to control
by the alarm user.
[Ord. No. 39-2021, passed 7-21-2021]
(a) Any
entity covered by this article shall, within 30 days of the enactment
of this amendment, provide the Bureaus of Police and Fire, the alarm
provider and the Erie County 911 Center with a list of at least three
contact persons. This list shall include the name, address and telephone
number, and shall be updated annually.
(b) When
keyholder response is required, a response shall be within 45 minutes
of notification.
(c) All
alarm companies doing business within the City of Erie shall be responsible
for installation of a direct "ring down" telephone connection to the
Bureaus of Police and Erie County 911 Center. Companies located outside
of the 814 area code shall maintain "800" telephone service.
[Ord. No. 39-2021, passed 7-21-2021]
If any sentence, clause, section or part of this article 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.
[Ord. No. 39-2021, passed 7-21-2021]
Any person, partnership or corporation who violates any provisions of this article, upon conviction in a summary proceeding before the District Magistrate in the jurisdiction where the violation occurred, shall be fined not less than $100 nor more than $300 or imprisoned not more than 90 days, in addition to paying court costs and fines assessed under Section
349.02(c).