[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.