[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 5-11-1987 by Ord. No. 1163. Amendments noted where
applicable.]
The purpose of this chapter is to provide standards
and regulations for various types of intrusion, burglar, fire and
other emergency alarm devices which require response thereto by the
Police Department, Fire Department or other municipal agencies.
The provisions of this chapter shall apply to
any person who operates, maintains or owns any alarm device, dial
alarm or local alarm designed to summon the Police, Fire Department
or other municipal agencies to any location in response to any type
of alarm signal.
As used in this chapter, the following terms
shall have the meanings indicated:
The console or control panel of devices giving a visual or
audio response, or both, and located within the confines of Lancaster
County Control or elsewhere.
Any type of alarm system actuating equipment in the alarm
console providing warning of intrusion, fire, smoke, flood or other
peril.
An alarm device, dial alarm or local alarm or any combination
of the same.
That type of a device using telephone lines transmitting
an alarm directly to Lancaster County Control or other approved site.
Any alarm actuated by inadvertence, negligence or unintentional
act of someone other than an intruder and shall include, as well,
alarms caused by malfunctioning of the alarm system or other relevant
equipment but shall not include alarms created by malfunction of the
alarm console.
Any alarm or device which, when actuated, produces a signal
not connecting to the alarm console, such as a store or home burglar
alarm actuating bell or horn devices.
Includes any natural person, partnership, corporation or
association.
[Amended 4-8-1996 by Ord. No. 1279; 2-11-2008 by Ord. No.
1440]
In the case of a false alarm, any person having
knowledge thereof shall immediately notify the Police Department in
a manner to be prescribed by rules and regulations of the Police Department
of Ephrata Borough. In addition, in the case of false alarms, the
Police Chief, or his or her designee, shall cause an investigation
to be made and keep a record of said false alarms on file. For such
false alarms, the Borough Council prescribes the following penalties:
A.Â
For the first false alarm in any given calendar year,
a warning shall be issued and the Police Chief, or his or her designee,
shall notify the person occupying the premises upon which the alarm
system is located that a false alarm has been received and that any
further false alarms during the same calendar year will result in
penalties as set forth in this chapter.
B.Â
For the second false alarm received in the same calendar
year, an administrative fee payable to Ephrata Borough shall be imposed,
which fee shall be established from time to time by resolution of
the Borough Council.[1] The administrative fee hereby imposed shall be payable
in lieu of a fine hereinafter imposed by this chapter.
[1]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
C.Â
For the third false alarm in the same calendar year,
an administrative fee payable to Ephrata Borough shall be imposed,
which fee shall be established from time to time by resolution of
the Borough Council.[2] The administrative fee hereby imposed shall be payable
in lieu of a fine hereinafter imposed by this chapter.
[2]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
D.Â
For the forth false alarm in the same calendar year,
an administrative fee payable to Ephrata Borough shall be imposed,
which fee shall be established from time to time by resolution of
the Borough Council.[3]The administrative fee hereby imposed shall be payable
in lieu of a fine hereinafter imposed by this chapter.
[3]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
E.Â
For the fifth and subsequent false alarm in the same
calendar year, an administrative fee payable to Ephrata Borough shall
be imposed, which fee shall be established from time to time by resolution
of the Borough Council.[4] The administrative fee hereby imposed shall be payable
in lieu of a fine hereinafter imposed by this chapter.
[4]
Editor's Note: The current fee schedule is
on file in the office of the Borough Manager.
Notice as required by this chapter shall be
given by the Police Chief, or his or her designee, to the person occupying
the premises upon which the alarm system is located by mailing a copy
of the notice, certified mail, return receipt requested, to such person
at the address where the alarm system is located. A notice may also
be given by personal service of the notice by handing a copy of the
same to the occupant of the premises upon which the alarm system is
located or to an adult resident thereof or an employee located thereon.
If service is made by personal service, the Police Chief, or his or
her designee, shall file a proof of service which shall be under oath
and which shall designate the person and title upon whom service was
made.
[Amended 4-8-1996 by Ord. No. 1279; 2-11-2008 by Ord. No.
1440]
A.Â
Any person found guilty of violating the terms of
this chapter or any person who shall fail to pay the administrative
fee for false alarms in excess of one in the same calendar year shall,
upon conviction in a summary proceeding, be subject to a fine of not
more than $600, plus costs of prosecution, and in default of payment
thereof, to imprisonment for a period of not exceeding 30 days. Every
day that a violation of this chapter continues shall constitute a
separate offense.
B.Â
Institution of a prosecution for the imposition of
the foregoing penalties shall not be construed to limit or deny the
right of the Borough to such equitable or other remedies as may be
allowed by law.
