[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 2-4-2002 by Ord. No. 638. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise. Words used in the present tense
include the future, the singular includes the plural, the masculine
shall include the feminine gender. Use of the term "shall" indicates
a mandate and is not directory, "may" implies permissiveness.
An audible signal emitted by a warning device indicating
that a crime, fire or other emergency situation, warranting immediate
response action by the police, the Fire Department and/or other emergency
service provider agencies, is occurring or has occurred. This definition
includes, but shall not be limited to, those alarm devices which provide
for the transmission of a telephonic message to a monitoring service
agency or to the Northampton County E-911 Center, and which, in turn,
results in the notification of Hellertown Borough emergency service
provider agencies for response action.
An electrical, electronic, mechanical and/or combination
electro-mechanical appliance which transmits a notification by wire,
telephone, radio or other means to a person or service who, in turn,
notifies the Northampton County E-911 Center and/or one or more of
the Hellertown Borough emergency service providers of the occurrence
of an alarm activation or activates a bell, gong, klaxon, siren, horn
or other sounding device to be heard outside of a premises, and which
is intended to alert the police, Fire Department and/or other emergency
service providers to the existence or the possible existence of a
crime, fire or other emergency situation, and which warrants, or may
warrant the response of said providers.
The Dewey Ambulance Service, Hellertown, Pennsylvania, its
officers, agents, employees and servants.
The Borough of Hellertown, Northampton County, Pennsylvania,
its officers, agents, employees and servants.
Any one of those several agencies which exist in the Borough
of Hellertown to provide aid and assistance to the public during times
of distress and urgencies, and which shall include, but shall not
be limited to, the Borough of Hellertown, Dewey Ambulance Service,
Dewey Fire Company No. 1 and the Hellertown Police Department, together
with the officers, agents, employees and servants of said agencies,
as well as those other area agencies pursuant to a mutual cooperation
agreement.
An alarm to which the police, Fire Department or other emergency
service provider agency responds, and which has resulted from the
activation of an alarm device when a crime, fire or other emergency
warranting the response action of the provider(s) has not, in fact,
occurred. The term "false alarm" shall not include those occurrences
which can be shown to constitute "intentional false alarms," as that
term is defined elsewhere in this chapter.
The Dewey Fire Company No. 1, Hellertown, Pennsylvania, it
officers, agents, employees and servants.
A false alarm resulting from the purposeful and willful activation
of an alarm device by a person, under circumstances where that person
has no reasonable basis to believe that a crime, fire or other emergency,
warranting immediate action by emergency service provider agencies,
is occurring or has occurred.
The central emergency services communications and dispatch
agency which serves the emergency services provider agencies of the
Borough of Hellertown, which term shall include the officers, agents,
employees and servants of said Center.
Any individual, partnership, corporation, firm, association,
institution, agency or any other legal entity whatsoever which is
recognized by law as being subject to the rights and duties of an
individual.
The Hellertown Police Department, Northampton County, Pennsylvania,
its officers, agents, employees and servants.
An alarm appliance designed to transmit a notice over telephone
lines to a service which, in turn, notifies the Northampton County
E-911 Center or directly to said E-911 Center.
A.
All existing alarm devices, as the same are identified in § 100-1 above, shall be registered with the Borough on a form prescribed and provided by the Borough within 30 days of the date upon which this chapter is adopted.
B.
All newly installed alarm devices, as the same are identified in § 100-1 above, shall be registered with the Borough on a form as prescribed and provided by the Borough within 30 days of their installation.
C.
The registration of alarm devices with the Borough in no way shall
expand or extend the liability of the Borough, its emergency service
provider agencies or that of the Northampton County E-911 Center in
the areas of response and/or lack of response to the premises served
by the alarm devices, beyond those liabilities normally associated
with situations of a similar nature on premises without alarm devices.
D.
The failure of a person to register an alarm device, as set forth
above, shall constitute a violation of this chapter and may subject
the owner of any such unregistered alarm device to fines and penalties
as are provided elsewhere in this chapter.
A.
In those circumstances when it is necessary to test an alarm device,
it shall be the responsibility of the owner of such device, or his
designated agent, to first notify the Northampton County E-911 Center
of the need to test the device, and receive the Center's authorization
to proceed with the proposed test. No alarm device shall be so tested
without first making the required contact with the Center; otherwise,
such activation shall be considered to have constituted a false alarm,
as defined elsewhere in this chapter.
B.
All alarm device testing shall occur Monday through Friday only,
excluding holidays, and only between the hours of 9:00 a.m. and 5:00
p.m. (0900 to 1700 hours), inclusive.
A.
The owner of each and every alarm device from which there occurs a false alarm, as that term is defined at § 100-1 above, shall pay to the Borough a false alarm fee for each and every such false alarm to which one or more of the Borough's emergency service provider agencies respond in any given calendar year (January 1 through December 31), as follows:
[Amended 9-17-2012 by Ord. No. 775]
B.
Upon the occurrence of a false alarm, the primary responding emergency
service provider agency shall notify the administrative offices of
the Borough, in writing, within 10 days of said occurrence by the
filing of a false alarm report with those Borough offices.
C.
Within 10 days of receipt of a false alarm report, the Borough shall provide a copy of said report to the registered owner of the alarm device from which the false alarm emanated, by way of United States mail, to said owner's address as the same is reflected in the alarm registration form on file with the Borough. Accompanying such report copy shall be a bill for the false alarm fee in an amount as set forth in Subsection A above, if such fee shall be due and payable.
D.
Any and all fees imposed hereunder shall be due within 30 days of
the date reflected on said bill and payable to the Borough of Hellertown.
E.
The failure to tender the proper false alarm fee within the said
30 days shall subject the owner to further action pursuant to the
other provisions of this chapter.
Nothing contained herein shall preclude other organizations
involved in the alarm process, such as the Northampton County E-911
Center, a commercial alarm monitoring company, or the like, from assessing
charges and/or fees for the registration, maintenance, testing, monitoring
or other services provided upon the owner of an alarm device.
A.
The registration of an alarm device shall not constitute acceptance
by the Borough, nor any of the Borough's emergency service provider
agencies, nor the Northampton County E-911 Center, of any liability
to maintain any equipment, to respond to alarms or otherwise render
these agencies liable to any person for any loss or damage relating
to the processes and procedures as are promulgated hereunder.
B.
Further, the registration of the alarm device under this chapter
shall not be construed by any person, as defined under this chapter,
as a guarantee, warranty and/or statement by the Borough of Hellertown,
the Borough's emergency service provider agencies or the Northampton
County E-911 Center that the alarm device is in good operating condition
and will function as designed in the event of an emergency situation.
At all times, the testing, maintenance and operation of the alarm
device shall be the sole responsibility of the owner.
[Amended 9-17-2012 by Ord. No. 775]
A.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
D.
Those persons who shall violate the provisions of § 100-4F by causing an intentional false alarm, upon conviction thereof, shall be subject to the penalties as set forth in Subsection A above, notwithstanding any other fines and penalties as may result from the filing of charges under the Pennsylvania Crimes Code, Title 18.
