As used in this chapter, the following terms shall have the meanings indicated:
- AUTOMATIC PROTECTION SYSTEM (APS)
- Any electrically operated system composed of sensory apparatus and related hardware which upon receipt of a stimulus from the sensory apparatus that detects a condition inherently characteristic of an intrusion, sounds an audible alarm and/or automatically transmits a signal over regular telephone lines, by direct or indirect connections, to a communication center or to the police department.
- FALSE ALARM
- Any signal activated by an APS and ultimately transmitted to the police department, fire company, emergency medical service or any audible alarm that alerts passerby, neighbors or others, either of which is not the result of an intrusion, crime, fire or other emergency. False alarms shall include any alarm generated, caused or otherwise activated by a malfunction of the APS.
- Any person other than the property owner, who by a lease has exclusive possession of property.
- PROPERTY OWNER
- Any person or entity in whose name property is registered by deed.
Within 30 days after the police respond to an APS alarm, the Mayor or in his absence the Police Chief, shall determine whether or not the alarm was false. If a determination is made that the alarm was false the property owner or lessee shall be so notified in writing within seven days from the date of determination.
A false alarm charge, determined in accordance with Subsection C(3), shall be due and payable to the Borough within 30 days of the mailing date of the notice of assessment of the false alarm charge.
Subject to the right of Council by resolution to amend their fines from time to time, false alarm charges shall be assessed at the rate of $50 per occurrence.
Owners and lessees of premises should be jointly and severally liable for all false alarm charges, independent and without regard to any lease provisions between the owner and lessee.
False alarm charges shall not be assessed upon the following entities:
Any person or entity not paying any fee established in § 42-2 shall be in violation of this chapter.
Any person violating this chapter shall, upon conviction thereof, be sentenced to pay a fine in an amount not to exceed $600 plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.