[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-28-2022 by Ord. No. 2022-06]
This article shall be known and referred to as the "Nuisance
Fire Alarm Ordinance."
The purpose of this article is to facilitate the reduction of
false fire alarms and the misuse of the manpower and resources of
the Fire Department caused by the dispatch of units to the scene of
a false alarm.
The following words, terms, and phrases, when used in this article,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
Any person who owns, possesses, controls, or otherwise exercises
dominion over a premises or property, or who regularly supervises
the operation of any business thereon, on or in regard to which premises
or property an alarm system is maintained. This shall include, but
not be limited to, a person who is the grantee under a deed, purchaser
under a contract or a tenant.
A device or assembly of equipment or devices designed or
arranged to signal the presence or existence of a hazard requiring
urgent attention of Fire Department personnel. These systems include:
Smoke, fire, sprinkler alarms and any other alarm which requires
an emergency response by the Fire Department;
Those systems terminating at a dedicated piece of equipment
within the Fire Department;
Automatic devices which transmit voice reproductions or messages
over telephone lines; and
Systems which notify certain alarm stations who in turn notify
the Fire Department.
The Board of Supervisors of Polk Township, Monroe County,
Pennsylvania.
The activation of an alarm system resulting in a signal or
calls being received by the Fire Department when there is no threat
to life, safety, or property requiring its urgent attention in, on,
or at the property in regard to which the signal or call was sent.
A false fire alarm includes, but is not limited to, activation of
an alarm system caused by human error; a mechanical or system malfunction
which results from neglect or failure to maintain; or an intentional
activation when no threat is present which may also be subject to
criminal prosecution.
The Polk Township Volunteer Fire Company, as well as any
other fire company which is an officially designated provider of fire
protection in Polk Township.
Except as herein otherwise expressly provided, two or more false
alarms in a forty-eight-hour period, three or more false alarms in
a seven-day period, and four or more false alarms in one calendar
year, from the same premises, which cause the Fire Department to be
alerted, whether or not an actual response to the premises by the
Fire Department occurs, shall each constitute a nuisance fire alarm.
A false fire alarm shall not be counted for purposes of determining
whether a nuisance fire alarm occurred, if it is determined by the
Fire Department official in charge that the false alarm was caused
by:
A natural or man-made catastrophe or an act of God. Such events
include, but are not limited to, tornadoes, floods, earthquakes or
other similar violent conditions, adverse weather conditions, or power
failure/restoration.
The testing of a local/audible alarm system by a licensed alarm
business, agent, or employee who is present at the premises servicing,
repairing or installing the alarm when the agent or user has contacted
the alarm company and informed them of the test (with documented proof).
Activation by other extraordinary circumstances not reasonably
subject to control by the alarm owner.
Any individual, public or private corporation, for profit
or not for profit, association, partnership, limited-liability company,
firm, trust, estate, department, board, bureau or agency of the commonwealth
or the federal government, political subdivision, municipality, district,
authority, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A lot, plot, or parcel of land, including any buildings and
structures thereon.
Polk Township, Monroe County, Pennsylvania, a political subdivision
of the Commonwealth of Pennsylvania, acting by and through its Board
of Supervisors, and including any authorized person acting on its
behalf.
The administrative officer or other authorized individual
appointed by the Board of Supervisors charged with the duty of administering
and enforcing the provisions of this article.
The alarm owner shall be responsible for all false fire alarms
emanating from, or in relation to, the alarm owner's property,
and said alarm owner shall promptly take any and all necessary actions
to correct/repair, or otherwise implement procedures with respect
to, the fire alarm system to prevent false fire alarms in the future.
The Township Codes Enforcement Officer will send a written notice/warning
to such alarm owner by United States first-class mail, regarding each
such false fire alarm, until the number of false fire alarms constitutes
a nuisance fire alarm.
A.
Upon determination that a nuisance fire alarm has occurred, the Township
Codes Enforcement Officer shall issue and either personally deliver
or send by both United States certified mail, return receipt requested,
and United States first-class mail to the last known address of the
alarm owner, a notice of violation advising of such nuisance fire
alarm, and assessing a fine in the amount of $100 for each such nuisance
fire alarm, which fine shall be paid to the Township, in full, within
14 days after the date of the notice of violation. Failure of the
alarm owner to pay said fine on or before its due date shall constitute
a separate violation of this article.
The Township Codes Enforcement Officer shall be responsible
for the enforcement of the terms of this article.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation, or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
less than $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorneys' fees incurred by Polk Township
in the enforcement proceedings, and/or be imprisoned to the extent
allowed by law for the punishment of summary offenses. Each day or
portion thereof that a violation exists or continues shall constitute
a separate violation. Further, the appropriate officers or agents
of Polk Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance with this article. All fines, penalties,
costs and reasonable attorneys' fees collected for the violation
of this article shall be paid to Polk Township for its general use.
