[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg 12-3-1992 by Ord.
No. 92-6. Amendments noted where applicable.]
The following definitions shall apply in the interpretation
and enforcement of this chapter.
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to which police, fire department or emergency response agencies respond
which is not the result of an attempted illegal entry, burglary, intrusion,
fire, medical or other similar emergency, excluding weather extremes
and utility interruptions, which activates a protection device.
It shall be unlawful for the property owner, lessee or any person
occupying or otherwise on any premises within Weisenberg Township
to make or cause to be made a false fire or security alarm directly
or indirectly to any fire department or emergency response agency
responding to alarms within the Township when the false alarm is caused
by faulty detection or alarm equipment or by the negligence of said
property owner, lessee or person.
A.
The status of an alarm is to be determined by the Police Department,
fire company, or other affected emergency response agency, and their
decision as to whether the alarm in question constitutes a false alarm
as provided for in this chapter shall be final.
B.
Service fees for false alarms shall be assessed by the Township as
follows:
(1)
First alarm in any six months calendar year shall not be subject
to any service fee.
(2)
The second false alarm in any six months' period shall be subject
to a service fee of $500 for each such false alarm.
[Amended 12-11-2006 by Ord. No. 06-05]
(3)
All subsequent false alarms in any six months' period shall be subject
to a service fee of $1,000 for each such false alarm.
[Added 12-11-2006 by Ord.
No. 06-05]
A.
In the event a violation of this chapter occurs, in addition to such
other remedies as may be available under existing law, the Township
may institute an action in equity to prevent, restrain, correct, abate
or enjoin such violation.
B.
Any person, whether as principal or agent, who violates this chapter
or assists or abets its violation shall, upon conviction thereof before
any Magisterial District Judge, be sentenced to pay a fine of not
less than $50, nor more than $500, together with the costs of prosecution
and, in default of the payment of said fine and costs, shall be committed
to the Lehigh County Prison for a period not exceeding 30 days. Each
violation shall constitute a separate offense, for which a summary
conviction may be sought.
The provisions of this chapter shall be severable, and if any
provision hereof shall be declared unconstitutional, illegal or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this chapter. It is hereby declared as a legislative
intent of the Township that this chapter would have been amended as
if such unconstitutional, illegal or invalid provision or provisions
had not been included herein.
All ordinances or parts of ordinances conflicting or inconsistent
with the provisions of this chapter hereby adopted are hereby repealed.
This chapter shall become effective five days following the
date of enactment.
