[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-2023 by Ord. No. 238]
As used in this article, the following terms shall have the meanings indicated:
FALSE ALARM
The activation of an alarm system and/or alarm device to which firefighters, police and/or other public safety and/or emergency services agency responds when a crime, fire or other emergency situation has not occurred.
For the purpose of defraying the costs associated with responding to false alarms, the owners, lessees, occupants and users of an alarm system shall be subject to the following schedule of fines. False alarms are deemed a violation of this article and shall be subject to the following fines for each violation per calendar year:
A. 
Residential.
(1) 
First and second false alarm each year:
(a) 
Fire Department response: no charge.
(2) 
Third false alarm and thereafter:
(a) 
Fire Department response: $100 per false alarm.
B. 
Commercial and industrial.
(1) 
First and second false alarm each year:
(a) 
Fire Department response: no charge.
(2) 
Third false alarm and thereafter:
(a) 
Fire Department response: $150 per false alarm.
C. 
The Board of Supervisors is hereby authorized to modify all false alarm fines by resolution on an annual basis.
When a false alarm occurs, the responding fire department and/or emergency service provider shall record the date and time of such false alarm and the location of each false alarm and forward immediately to the Township. The Township shall, within 30 working days of such false alarm, send a written notice to the owner of the property upon which such alarm is installed for the purpose of notification of the false alarm. Such notice by the Township to the property owner from which the false alarm emanated shall be in writing and mailed to the owner of said alarm at his/her/its last known mailing address as shown in the Monroe County tax records. Included with this written notice shall be a bill in the prescribed amount as outlined above, should a false alarm charge be due. Failure on the part of the Township to issue such notice to the owner of the alarm system within 30 working days after the date of such false alarm shall not preclude the Township from assessing a false alarm charge for said false alarm and issuing a citation. The false alarm charge shall be due and payable at the Township office 10 days from the date of mailing such notice of assessment of a charge for the violation of this article.
Failure of the owner of property with an alarm system having caused a false alarm or of a person other than the owner causing a false alarm to pay a false alarm charge on or before the date due shall cause the Township to issue a summary offense citation for violation of this article. Any person, firm or corporation who shall violate or fail to meet any of the provisions of this article shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be punishable by and sentenced to pay a fine of not less than $100 nor more than $1,000, together with the costs of prosecution, and, in default thereof, shall undergo imprisonment for a period not to exceed 30 days. Each day that a violation of this article or each section of this article which shall be found to have been violated continues shall constitute a separate offense.
No person shall create an intentional false alarm. In addition to criminal sanctions established by 18 Pa.C.S.A. § 7511, it shall be a violation of this article to create an intentional false alarm and such violation shall be a summary offense and, upon conviction before a Magisterial District Judge, be punishable with a fine of not less than $100 nor more than $1,000, together with the costs of prosecution, and, in default thereof, shall undergo imprisonment for a period not to exceed 30 days. Each day that a violation of this article, or each section of this article which shall be found to have been violated, continues shall constitute a separate offense.
The proper officers of the Township are hereby authorized and directed to take all such actions, execute, deliver, file, and/or record all such documents, publish all notices and otherwise comply with the provisions of this article insofar as the transaction contemplated by this article in the name and on behalf of the Township.
The provisions of this article shall not apply to the general alerting alarms that may be used by fire companies, ambulance squads, or civil defense agencies to summon response of their members. The provisions of this article shall not apply to alarm systems that are affixed to motor vehicles.
Nothing in this article shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any permit issued or any cause of action existing under the ordinances of the Township prior to enactment of this article.