[HISTORY: Adopted by the Board of Supervisors of the Township of Loyalsock 1-27-1998 by Ord. No. 272. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated, except where the context clearly indicates a different meaning.
ALARM SYSTEM
An assembly of equipment and devices or a single device, such as a solid state unit, which uses electrical energy to signal the presence of a hazard requiring urgent attention such as a burglary, robbery, fire, smoke or the need for medical assistance within a building, structure or facility, or for alerting others to the commission of an unlawful act or hazard within the building, structure or facility and to which firemen, policemen or public safety officers are expected to respond, and which emits a sound or transmits a signal or message when actuated. Alarm system includes, but is not limited to the terms "audible alarm system," "fire alarm system" and "manual holdup alarm system" as those terms are hereinafter defined. Excluded from the definitions of "alarm systems" are systems used solely to alert or signal persons within the premises in which the alarm system is located, that are not audible from exterior of building.
ALARM USER
Any person, corporation, partnership or association owning, leasing, occupying or found in charge of any premises wherein an alarm system is located.
ANSWERING SERVICE
A telephone answering service providing the service of receiving emergency signals from an alarm system and thereafter relaying the emergency alarm by voice to the Lycoming County Communications Center and/or the State Police or other responding agencies.
AUDIBLE ALARM SYSTEM
An alarm system which generates an audible sound on the premises when it is activated, which sound can be heard by persons not on the premises (although it may be also heard on the premises).
AUTOMATIC HOLDUP ALARM SYSTEM
An alarm signaling an entry or an attempted entry in the area protected by the alarm system, triggered by the action of the intruder.
BURGLAR ALARM SYSTEM
An alarm signaling an entry or an attempted entry in the area protected by the alarm system.
FALSE ALARMS
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or his employees or agents. It will be determined by the responding agency, fire, police, etc., if a false alarm has indeed occurred. Their decision is final unless physical proof is presented to the contrary.
FIRE ALARM SYSTEM
An alarm system, signaling fire and/or smoke in the area protected by the alarm system, and shall include, but not be limited to, all fire alarms, smoke alarms or sprinkler alarms.
MANUAL HOLDUP ALARM SYSTEM
Refers to an alarm in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.
PUBLIC SAFETY ALARM
Shall mean and include any one or more of the alarm systems described in this chapter.
SUBSCRIBER
The person who buys, leases or otherwise obtains for use upon the premises within the township an alarm system or contracts with or hires an alarm business to monitor or service the alarm system.
It shall be the responsibility of owners of alarms systems and/or alarm subscribers to provide both to the Loyalsock Fire Company and to the State Police the names, addresses and telephone numbers of at least two persons who can be reached by telephone and who can provide entry into the premises wherein an alarm is located for the purpose of terminating an alarm signal.
No alarm system shall be tested with a resulting transmission of an alarm without first notifying the Lycoming County Communications Center.
Should the Township of Loyalsock or any of its agents, employees or representatives or the Loyalsock Township Fire Company be called to help or assist in connection with any alarm, whether fire or burglar alarm, it shall be a condition upon the installation of such system and the notification of the State Police, other agents, employees or representatives of Loyalsock Township or any Fire Company operating within Loyalsock Township, that the alarm user, owner of alarm system, or any alarm subscriber, do hereby hold Loyalsock Township, its officers, employees, agents and/or any other Fire Company or fire official operating within Loyalsock Township, harmless from any and all damage that the subscriber or owner may have to its structure or personal property in connection with the entry on the premises by such department or any other Fire Department, their agents and employees, entering the premises of the subscriber. Furthermore, each subscriber, as a condition of use and response, does hereby indemnify Loyalsock Township, its officers, agents, employees or any Fire Department or its agents, from any and all damages they may incur in regard to such response, including but not limited to personal injury or loss of person or property of any kind, and agree to reimburse said Loyalsock Township, its agents, officers and employees, any Fire Company, its agents, officers and employees or volunteers, from any such loss, including but not limited to any attorney's fees and costs incurred in the event that the Township of Loyalsock, its officers, agents, employees or representatives or any Fire Company be made party to any legal proceedings or finds it necessary to bring a suit in order to collect the same for such damages, injuries or losses. Should no owner or representative of the owner of the alarm system respond within a reasonable time period the Fire Company or State Police will not be liable for any costs resulting from actions after they leave the premise.
Each subscriber, owner or user of any alarm system shall pay to the Township of Loyalsock a charge in the event that a false alarm is transmitted to the Lycoming County Communications Center or directly to any township or fire official operating within Loyalsock Township as follows:
A. 
For the first two false alarms in any consecutive twelve-month period: no charge. The owner will be informed in writing following the second false alarm.
B. 
For the third false alarm in any consecutive twelve-month period: $50.
C. 
For the fourth false alarm in any consecutive twelve-month period: $100.
D. 
For the fifth and subsequent false alarms in any consecutive twelve-month period: $200.
E. 
After the sixth false alarm termination of responses will be considered upon written notification by certified mail.
A. 
When a false alarm occurs, any of Loyalsock Township's agents and employees or any Fire Company, its employees or agents working within Loyalsock Township shall within 20 days from the date of notification of the second false alarm, notify the subscriber of the alarm device (provided that a proper address has been given to such officer, employee or agent of Loyalsock Township or any Fire Company operating within Loyalsock Township) from which the false alarms emanated, that two false alarms have occurred. Such notification shall be in writing and mailed to the last known address of the subscriber at the location of the alarm. Failure of the township, its officers or employees or any Fire Company operating within Loyalsock Township to mail the notice of false alarm within such 20 days of the occurrence of the second false alarm shall preclude the township from assessing the false alarm charge for future false alarm or alarms until such notice has been mailed.
B. 
A false alarm charge shall be due and payable at the office of the Loyalsock Township 15 days from the date of the mailing of the notice of assessment of the charge.
C. 
Failure of the subscriber of the premises wherein the false alarm occurred to pay the false alarm charge on or before the date due shall constitute a violation of this chapter, and an additional charge of $50 shall be thus forthcoming to cover the township charges in connection with the enforcement proceedings hereinafter described.
D. 
Should any owner or alarm subscriber fail to comply with § 79-2 of this chapter and fail to provide at least two names to Loyalsock Township or the Communications Center, within 60 days from the date of this chapter or within 60 days of installation of any new alarm system, they shall be in violation of § 79-2 and shall be subject to a fine of $200.
E. 
Any violation of § 79-3 of this chapter shall result in a fine of $100.
Alarm conditions caused by the following circumstances shall not constitute a false alarm for which a user fee is imposed. Alarm system malfunctions, if:
A. 
A person who has accidentally caused a false alarm immediately calls the Lycoming County Communications Center in time to prevent a response of the Police or Fire Department to the premises.
B. 
Alarm is activated by storm conditions, motor vehicle-utility pole collisions, disruption of telephone company service or other natural disaster.
C. 
A subscriber takes corrective measures within 72 hours after the alarm has been transmitted and provides written notice to Loyalsock Township, or in the case of fire alarms to the responding Fire Company, that repairs have been done or will be done within 30 days from the date of the transmission.
Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).