Township of Lower Moreland, PA Article IV False Alarms [1]

[Adopted 3-10-1976 by Ord. No. 239]

[1] Editor's Note: See also Ch. 68, Alarm Systems, § 68-14, False alarms.

§ 136-16 Title.

This article shall be known and may be cited as the "Lower Moreland Township False Alarm and Police and Fire Notification Control Ordinance."

§ 136-17 Declaration of policy.

The Board of Commissioners of the Township of Lower Moreland has determined that the receipt of false alarms and false notifications to the Police Department or volunteer fire company that emergencies exist or situations exist wherein police or fire assistance or investigation is required is detrimental to the welfare and safety of the citizens of Lower Moreland Township and the members of the Police Department and the volunteer fire company and that the receipt of said false alarms and notifications by the Police Department and/or the fire company detracts from the efficiency of said Department and company in discharging their responsibilities to the citizens of Lower Moreland Township. It is hereby declared to be the policy to safeguard and protect the citizens of Lower Moreland Township, the members of the Police Department and the members of all volunteer fire companies, present and future, from such hazards or risks.

§ 136-18 Definitions; word usage.

A. A. The following words, terms and phrases, when used in this article, shall have the following meanings ascribed to them:

ALARMS

Any mechanical or electronic signals reporting by means of telephone cables or other means of transmission, which signals are monitored by the Police Department of Lower Moreland Township or volunteer fire company, at its headquarters, or audible alarm which is heard and/or called in by another and which signals, upon receipt or upon activation, indicate to the department or company that an emergency exists at the sounding location. Said alarms shall include those types installed to indicate robberies, burglaries and fires at the sending location.

FALSE NOTIFICATIONS

Any report or request for police and/or fire service for assistance directed to the Police Department and/or fire company by any means of any communication wherein the situation, condition, incident or emergency, as subject of the report or request for police and/or fire service or assistance, did not and does not exist.

FIRE COMPANY

The Huntingdon Valley Fire Company, No. 1 or any other volunteer fire company which may operate in Lower Moreland Township in the future.

FIRE MARSHAL

The Fire Marshal of Lower Moreland Township.

PERSON

Any individual, partnership, association, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.

POLICE DEPARTMENT

The Lower Moreland Township Police Department.

B. The singular of any word used in this article shall be deemed to include the plural.

§ 136-19 Enforcement.

The Police Department shall have the power and the duty to enforce the provisions of the article insofar as they relate to any false report and/or request for police service and/or assistance, and the Fire Marshal shall have the power and duty to enforce such provisions insofar as they relate to any false report and/or request for fire service and/or assistance.

§ 136-20 Unlawful acts; exceptions.

A. After the effective date of this article, it shall be unlawful for any person or persons, as above defined, including but not limited to an owner or lessee of any building, in which a fire, holdup or burglar alarm has been installed, to:

(1) Cause, suffer, allow or permit the accidental or purposeful transmission of a false alarm signal from any public or private place in the Township of Lower Moreland to the Police Department of or fire company in the Township of Lower Moreland.

(2) Cause, suffer, allow or permit to be made any report, request for police or fire service or assistance by any means of communication wherein the situation, condition, incident or emergency, as subject of the report or request for police or fire service or assistance, did not and does not exist.

B. Exceptions. Unavoidable false alarms received by the Police Department or fire company are not subject to the provisions of this article. "Unavoidable alarms" are defined herein as those acts not coming under human, mechanical or electronic control such as rain, lightning or windstorms or cutoff of the electric company power supply to any person.

§ 136-21 Violations and penalties.

[Amended 3-21-1990 by Ord. No. 392; 11-17-1999 by Ord. No. 503]

Any person as above defined, including but not limited to the owner and/or lessee of any building in which a fire, holdup or burglar alarm has been installed, violating any of the provisions of this article shall, after the first offense in any given calendar year, receive notice by first-class mail or hand delivery of said violation; upon subsequent violations and upon conviction thereof by any District Justice be subject to pay a fine of not less than $25 nor more than $600, together with the costs of prosecution. Each instance of a violation shall constitute a separate offense. In default of the payment of any fine, the defendant may be sent to jail for a period not exceeding 30 days.