[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]
1. 
This Part shall not apply to:
A. 
Persons licensed to hunt in this Commonwealth while actually engaged in hunting where permitted under the laws of the Commonwealth of Pennsylvania.
B. 
Members of any organization incorporated under laws of this Commonwealth engaged in target shooting upon the grounds or property belonging to or under the control of such organization.
C. 
Any law enforcement officers when used in the discharge of their official duties.
[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.[1]
[1]
Editor's Note: "[T]he instant ordinance" refers to Ord. No. 232, adopted 10/26/2021, which ordinance adopted this Part 2.
[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.