[HISTORY: Adopted by the Borough Council of the Borough of Zelienople 12-14-2009 by Ord. No. 798-09. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this article:
- EMERGENCY SERVICES
- The police and/or fire services of the Borough of Zelienople or of the Commonwealth of Pennsylvania.
- FALSE ALARM
- Any activation of an alarm system by inadvertence, negligence or intentional or unintentional acts or means to which emergency services of the Borough of Zelienople 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.
It shall be unlawful for the property owner, lessee or any person occupying, in control of or otherwise on any premises within the Borough of Zelienople to make or cause to be made a false alarm, directly or indirectly, to any fire department or emergency services agency responding to alarms within the Borough.
The status of an alarm is to be determined by the police department, fire company, or other affected emergency response agency, and the decision shall be final.
Upon notification of a first false alarm within a calendar year, a written report shall be made within 14 days by the owner or lessee of the property to the affected emergency response agency and Chief of Police and shall contain what steps have been taken to eliminate future false alarms.
Service fees for false alarms shall be assessed by and paid to the Borough of Zelienople, as follows:
A second false alarm in any one calendar year shall require a written final warning to the property owner or responsible party of the penalties of this article.
A third false alarm in any one calendar year shall be subject to a service fee of $100.
A fourth false alarm in any one calendar year shall be subject to a service fee of $300.
The Borough's Chief of Police or his designees shall be responsible for administering the terms of this article.
In the event a violation of this article occurs, in addition to such other remedies as may be available under existing law, the Borough of Zelienople may institute an action in equity to prevent, restrain, correct, abate or enjoin such violation.
Any person, whether as principal or agent, who violates this article or assigns or abets its violation shall, upon conviction thereof before any Magisterial District Judge, be sentenced to pay a fine not less than $100, not more than $500, together with the costs of prosecution and, in default of the payment of said fine and costs, shall be committed to the County Jail for a period not exceeding 30 days, in addition to the service fees imposed under § 80-3 herein.
No person shall operate, cause to be operated, or allow the operation of an alarm system unless a valid permit has been issued by the Zelienople Police Department. Any persons who operate, cause to be operated, or allow the operation of an alarm system without a valid permit shall be subject to criminal prosecution and imposition of fines, response fees and other costs as may be determined.
The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, creating a duty or guarantee of response from the Borough of Zelienople Police Department, the Zelienople volunteer fire department, or any other agency of the Borough of Zelienople.
The application for a permit is to be made by any person or entity responsible for the property upon which the alarm system is installed. That includes, but is not limited to, a person or entity which owns, leases, rents, uses, resides at or manages the property upon which the alarm system is installed.
Said application shall state:
The name, address, telephone number(s), driver's license number and e-mail address of the permit applicant or intended permit holder.
The street address of the property on which the alarm system is installed or is intended to be installed, including any apartment number or suite number.
Any business name used for the property upon which the alarm system is located.
The name, address and telephone number of the business which installed the alarm system.
A description of the type or types of alarm system used including the name and model number of the manufacturer.
The name and address of the person or company who is to be contacted in the event of an alarm activation.
Any other information as shall be determined by the Borough.
Such application shall be signed by the applicant and/or permit holder acknowledging the accuracy of the information provided on the permit.
In the event any of the information contained on the alarm permit changes, the applicant shall supply corrected information within five days of the change.
Each permit issued pursuant to this article shall be valid until there is a change in ownership, renter, lessee, responsible party, property manager or other such individual or company.
In the event it is determined that an alarm system is in place and an alarm permit has not been secured, a fifty-dollar fine shall be imposed upon the responsible party.
Each alarm permit issued shall not be transferable from one individual or entity to another or from one location or premises to another. The permit shall be valid only for the alarm site permitted. In the event that the premises in which the alarm system has been installed is to be conveyed or transferred to another individual or entity, a new permit must be applied for in accordance with this article.
The fines implemented in this article shall not be imposed for a period of six months. The six-month grace period shall begin on the effective date of this article. At the completion of the six-month grace period, any violation of this article shall be enforced by all available procedures.
Nothing in this article is intended to prohibit the prosecution of false alarms pursuant to 18 Pa.C.S.A. § 7511, as may be amended, by the public service agency responding to the false alarm or by the Borough.
The Borough Council of the Borough of Zelienople is hereby authorized and directed to execute any and all documents necessary to effectuate the purposes of this article.