[Ord. 128, 4/26/1994]
Except in necessary defense of person and property and except
as provided in § 7-102 of this Part, it shall be unlawful
for any person to use, fire, or discharge any gun or other firearm
within the Township of Smithfield.
[Ord. 128, 4/26/1994; as amended by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 232, 10/26/2021]
1. As used in this Part, the following terms shall have the meanings
indicated:
FALSE ALARM
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect alarm or warning
signal given to any fire department (or other first responding unit)
which is not the result of an attempted illegal entry, burglary, intrusion,
fire, medical or other similar emergency (and excluding weather extremes
and utility interruptions) which activates a protection device.
PERSON
Any individual, proprietorship, partnership, corporation,
limited liability company, limited partnership, association, enterprise,
venture or other entity.
[Ord. No. 232, 10/26/2021]
It shall be unlawful for the property owner, lessee and/or any
other person occupying or otherwise having authority and control over
any property or premises within Smithfield Township to make, or cause
to be made, a false alarm, directly or indirectly, to any fire department,
police department or other first responder responding to such alarm
within the Township when the false alarm is caused by faulty detection
or alarm equipment or by the negligence of said property owner, lessee
and/or other person.
[Ord. No. 232, 10/26/2021]
1. The status of a false alarm is to be determined by the responding
Fire Company Chief (or authorized designee), and such decision shall
be final. Before such final decision is made, the alleged violator
shall be entitled to notice and an opportunity to be heard at an administrative
hearing with the right to counsel and to present witnesses on his/her/its
behalf.
2. After hearing and upon determination of a false alarm, a written
report shall be made within 14 calendar days by the property owner,
lessee and/or other person to the affected emergency response agency,
and said notice shall contain what steps have been taken to eliminate
future false alarms.
3. This Part may be enforced by the responding fire company Chief, the
Township Zoning or Code Enforcement Officer or any law enforcement
officer.
4. Penalties for false alarms shall be as follows: for a third residential
false alarm (or more) in one month, the fine shall be $50 plus costs:
and for a third commercial/industrial/school false alarm in one month,
the fine shall be $300 plus costs and $100 plus costs for any subsequent
violation in that same month. These fines may be further revised as
per Township Resolution No. 485, to be adopted simultaneously with
the instant ordinance.
[Ord. No. 232, 10/26/2021]
The Township Board of Supervisors and/or its servants, agents,
officers, elected or appointed officials, boards, committees, employees
or representatives shall not, under any circumstances, be liable or
responsible for damages (whether property, injury or death) caused
to or suffered by any person by reason of the provisions of this Part
or by reason of the conduct of any person's compliance (or noncompliance)
with the terms, conditions and provisions hereof. Moreover, compliance
with this Part shall not constitute a representation, guarantee or
consent of any kind by the Township (and/or any of its servants, agents,
officers, elected or appointed officials, boards, committees, employees
or representatives) of the practicality, safety or fitness of any
particular purpose of the remediation, correction or abatement of
any false alarm or any public nuisance under or pursuant to this Part.