[HISTORY: Adopted by the Borough Council of the Borough of
Evans City 8-1-2011 by Ord. No. 546. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 94.
A.
EMERGENCY SERVICES
FALSE ALARM
Definitions. The following definitions shall apply in the interpretation
and enforcement of this chapter:
The services provided by the Evans City Area Volunteer Fire
Department and/or any emergency agency or provider operating within
the Borough of Evans City or the Commonwealth of Pennsylvania.
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means, to which emergency
services of the Evans City Area Volunteer Fire Department and/or other
emergency services agency or provider respond and where it is determined
that the alarm was not the result of a crime in progress, fire, medical
or other emergency necessitating a response by emergency services,
excepting those alarms which are caused solely by weather extremes
or inadvertent utility interruptions.
B.
False alarms prohibited. It shall be unlawful for the property owner,
lessee, or any person occupying, in control of, or otherwise on or
in any premises within Evans City Borough to make, or cause to be
made, a false alarm, directly or indirectly, to any emergency services
agency or provider responding to alarms within the Borough.
C.
False alarm service fees.
(1)
Whether an alarm is a false alarm, as defined herein, is to be determined
by the Evans City Area Volunteer Fire Department or other affected
emergency services agency or provider. The decision shall be final.
(2)
Upon notification to Evans City Borough of a first false alarm within
a calendar year, the Borough shall send a written warning to the owner,
lessee, and/or occupant of the premises notifying said person or persons
of this chapter and directing that a written report be made within
14 days by said owner, lessee, or occupant of the property to the
Evans City Area Volunteer Fire Department, and/or other emergency
service agency or provider, setting forth what steps have been taken
to eliminate future false alarms.
(3)
Service fees for false alarms shall be assessed by and paid to Evans
City Borough as follows:
(a)
A second false alarm in any one calendar year shall be subject
to a service fee of $100 to residential homeowners and $200 to commercial
buildings.
(b)
A third false alarm in any one calendar year shall be subject
to a service fee of $200 to residential homeowners and $400 to commercial
buildings.
(c)
A fourth and all subsequent false alarms in any one calendar
year shall be subject to a service fee of $500, plus prosecution in
accordance with this chapter.
D.
Penalties and remedies for violations.
(1)
In the event a violation of this chapter occurs, in addition to such
other remedies as may be available under existing law, Evans City
Borough may institute an action in equity to prevent, restrain, correct,
abate or enjoin such violation.
(2)
Any person, whether as principal or agent, who violates this chapter,
fails to comply with any provision of this chapter, or assigns or
abets its violation, shall upon conviction thereof, before any Magistrate,
be sentenced to pay a fine not less than $100 nor more than $300,
together with the costs of prosecution, including reasonable attorney's
fees and costs, and service fees as set forth above. In default of
the payment of said fine, costs and service fees, he or she shall
be committed to the county jail for a period not exceeding 30 days.
The fines implemented in this chapter shall not be imposed for
a period of one month. The one-month grace period shall begin on the
effective date of this chapter. At the completion of the one-month
grace period, any violation of this chapter shall be enforced by all
available procedures.
A.
Any ordinance, resolution or part thereof in conflict herewith is
hereby repealed to the extent of said conflict.
B.
Nothing in this section is intended to prohibit the prosecution of
false alarms pursuant to 18 Pa.C.S.A. § 7511, as may be
amended, by the emergency service agency or provider responding to
the false alarm or by Evans City Borough.
C.
All remedies set forth in this chapter are cumulative, and the failure
to pursue any one of said remedies does not constitute a waiver of
said remedy or any other remedy.
A.
Evans City Borough is hereby authorized and directed to execute any
and all documents necessary to effectuate the purposes of this chapter.
The effective date of this chapter is five days after enactment.
