[HISTORY: Adopted by the Board of Supervisors of the Township
of West Goshen 4-20-2021 by Ord. No. 2-2021. Amendments noted where
applicable.]
An alarm received by Chester County 9-1-1 that results in
a response from the Fire Department activated by inadvertence, negligence,
or an unintentional act, including the malfunction of the fire alarm
system; the activation of a fire alarm for other than an actual fire;
or the intentional activation of a medical alarm for other than a
medical emergency. A false fire alarm shall not include alarms which
are activated as a result of acts of God, such as earthquakes, floods,
windstorms, thunder or lightning, or as a result of the testing or
repairing of telephone or electrical lines or equipment outside of
the premises.
Any assembly of equipment composed of sensory apparatus and
related hardware which transmits a signal from the premises to a fire
alarm monitoring company advising them of an emergency. This includes
smoke alarms, carbon monoxide detectors, etc., that are not connected
to an alarm monitoring company and whose sole purpose is to notify
the occupants of the property of an emergency. This definition includes
a single fire alarm or an interconnected series of fire alarms.
The Goshen Fire Company or West Chester Fire Department or
their respective successor fire companies who provide fire protection
services to the Township. The term includes any other fire company
or other emergency medical services unit providing intermittent coverage
to the Township.
A.
It shall be a violation of this chapter for any person to activate
or cause to be activated a false fire alarm.
B.
Fees for false alarms; schedule of costs.
(1)
For the purposes of defraying the costs to the Fire Department and
the Township for responding to false fire alarms, the owner, lessee
or user of any fire alarm or fire alarm system or automatic dialing
device, persons using the services of an intermediary, users of audible
fire alarms and users of any other kind of fire alarm systems or any
other kind of direct or indirect connection with the 911 Communications
Center, except persons using the two-way live voice communication
by telephone, shall pay the Township for all false fire alarms (as
defined in this chapter) following the first one in accordance with
the false fire alarm fee schedule established from time to time by
resolution of the Board of Supervisors. This shall include that for
the first false fire alarm, per calendar year: one warning without
a fee.
(3)
Any firefighter responding to a fire alarm which is determined to
be false shall promptly notify the Chief of the Fire Department of
such false alarm, and he, or his designee, shall, within 30 days,
have notification of such false fire alarm sent via United States
mail to the owner, lessee or user of the subject fire alarm system
with a copy sent to the Township.
A.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine for each such violation in an amount not less
than $100 and not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township. No judgment
shall be imposed until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
B.
Any person found liable of misuse, false activation or continual
activation of a fire alarm system shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township. No judgment
shall be imposed until the date of determination of a violation by
the District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure.
