[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester 11-17-1988 by Ord. No. 88-13. Amendments noted where
applicable.]
GENERAL REFERENCES
Fire companies — See Ch. 19.
The purpose of this chapter is to impose administrative sanctions
and criminal penalties in order to reduce the numerous false alarms
originating from homes, businesses and other establishments located
within West Manchester Township.
The provisions of this chapter shall apply to any person who
owns, operates or maintains an alarm system designed to summon the
police, Fire Department or other municipal agencies to any location
in response to any type of alarm signal.
As used in this chapter, the following terms shall have the
meanings indicated:
The console or control panel giving visual or audio notice
of intrusion, fire, smoke or other peril located within the confines
of York County Control or some other central monitoring station.
Any device or combination of devices designed and intended
to give visual or audio notice of an intrusion, fire, smoke, flood
or other peril.
Any alarm produced by an alarm system when the alarm system
has been activated by inadvertence, negligence or intentional or unintentional
act of someone other than an intruder or any alarm caused by the malfunction
of the alarm system and related equipment. The term "false alarm"
shall not include alarms produced by the malfunction of the alarm
console.
Any false alarm which requires primary response by fire-fighting
personnel and equipment.
Any false alarm which requires primary response by the West
Manchester Township Police Department or any other police department.
Any natural person, partnership, corporation or association.
On and after the effective date of this chapter, it shall be
unlawful for any person to transmit, cause to be transmitted or allow
to be transmitted any false alarm originating from an alarm system.
Any person who shall transmit, cause to be transmitted or allow to
be transmitted a false alarm shall, after the transmission of such
false alarm, comply with the provisions of this chapter or, in lieu
thereof, shall be prosecuted as provided by law.
Any person who knows or has reason to know that an alarm transmitted
by an alarm system is a false alarm shall immediately notify York
County Control or any other agency monitoring an alarm console, the
West Manchester Township Police Department, the Fire Department or
other appropriate agency that the alarm transmitted by the alarm system
is a false alarm.
A.
Whenever any false police alarm has been transmitted by an alarm
system, the Police Chief of West Manchester Township shall cause an
investigation of the false alarm to be made. The Police Chief shall
keep a record of all false alarms transmitted by any alarm system.
B.
The Board of Supervisors of West Manchester Township hereby imposes
the following administrative sanctions for false police alarms:
(1)
During any calendar year, a warning shall be issued for the first
five false police alarms transmitted by an alarm system. For the first
four false police alarms in any given calendar year, the Police Chief
or his designee shall notify the person occupying the premises where
the alarm system is located that a false police alarm has been transmitted
by the alarm system and shall, upon the transmission of the third
false police alarm, give such person a copy of this chapter. Upon
transmission of the fifth false police alarm in the same calendar
year, the Police Chief or his designee shall notify the person occupying
the premises where the alarm system is located that a fifth false
police alarm has been transmitted by the alarm system and that any
further false police alarm transmitted by the alarm system in the
same calendar year will subject the person to further administrative
sanctions as set forth in this chapter.
(2)
Whenever an alarm system shall transmit six through 10 false police
alarms during the same calendar year, the person occupying the premises
where the alarm system is located shall pay to West Manchester Township
an administrative fee of $25 for each false police alarm over five.
The administrative fee hereby imposed shall be payable in lieu of
a fine hereinafter imposed by this chapter.
(3)
Whenever an alarm system shall transmit 11 through 20 false police
alarms during the same calendar year, the person occupying the premises
where the alarm system is located shall pay to West Manchester Township
an administrative fee of $50 for each false police alarm over 10.
The administrative fee hereby imposed shall be payable in lieu of
a fine hereinafter imposed by this chapter.
(4)
Whenever an alarm system shall transmit 21 or more false police alarms
during the same calendar year, the person occupying the premises where
the alarm system is located shall pay to West Manchester Township
an administrative fee of $100 for each false police alarm over 20.
The administrative fee hereby imposed shall be payable in lieu of
a fine hereinafter imposed by this chapter.
A.
Whenever any false fire alarm has been transmitted by an alarm system,
the Police Chief of West Manchester Township shall cause an investigation
of the false alarm to be made. The Police Chief shall keep a record
of all false fire alarms transmitted by any alarm system.
B.
The Board of Supervisors of West Manchester Township hereby imposes
the following administrative sanctions for false fire alarms:
(1)
During any calendar year, a warning shall be issued for the first
two false fire alarms transmitted by an alarm system. On the transmission
of the first false fire alarm in any given calendar year, the Police
Chief or his designee shall notify the person occupying the premises
where the alarm system is located that a false fire alarm has been
transmitted by the alarm system and shall give such person a copy
of this chapter. Upon the transmission of the second false fire alarm
in the same calendar year, the Police Chief or his designee shall
notify the person occupying the premises where the alarm system is
located that a second false fire alarm has been transmitted and that
any further false fire alarms transmitted by the alarm system in the
same calendar year will subject the person to further administrative
sanctions as set forth in this chapter.
(2)
Whenever an alarm system shall transmit three false fire alarms during
the same calendar year, the person occupying the premises where the
alarm system is located shall pay to West Manchester Township an administrative
fee of $100 for the third false fire alarm in a calendar year. The
administrative fee hereby imposed shall be payable in lieu of a fine
hereinafter imposed by this chapter.
(3)
Whenever an alarm system shall transmit four false fire alarms during
the same calendar year, the person occupying the premises where the
alarm system is located shall pay to West Manchester Township an administrative
fee of $200 for the fourth false fire alarm in a calendar year. The
administrative fee hereby imposed shall be payable in lieu of a fine
hereinafter imposed by this chapter.
(4)
Whenever an alarm system shall transmit five false fire alarms during
the same calendar year, the person occupying the premises where the
alarm system is located shall pay to West Manchester Township an administrative
fee of $300 for the fifth false fire alarm in a calendar year. The
administrative fee hereby imposed shall be payable in lieu of a fine
hereinafter imposed by this chapter.
(5)
Whenever an alarm system shall transmit six false fire alarms during
the same calendar year, the person occupying the premises where the
alarm system is located shall pay to West Manchester Township an administrative
fee of $400 for the sixth false fire alarm in a calendar year. The
administrative fee hereby imposed shall be payable in lieu of a fine
hereinafter imposed by this chapter.
(6)
Whenever an alarm system shall transmit seven or more false fire
alarms during the same calendar year, the person occupying the premises
where the alarm system is located shall pay to West Manchester Township
an administrative fee of $500 for each such fire alarm over six. The
administrative fee hereby imposed shall be payable in lieu of a fine
hereinafter imposed by this chapter.
Notice as required by this chapter shall be given by the Police
Chief or his designee to the person occupying the premises where the
alarm system is located by mailing a copy of this notice, by first-class
mail, to such person at the address where the alarm system is located.
Personal service of the notice may also be given by handing a copy
of the notice to the occupant of the premises where the alarm system
is located, to an adult resident thereof or an employee located thereon.
If service is made by personal service, the Police Chief or his designee
shall file a proof of service which shall be under oath and which
shall designate the person and title upon whom service was made.
Where the provisions of this chapter would cause unique and
undue hardship as it applies to a particular person, the Board of
Supervisors of West Manchester Township may grant a modification from
the strict application of the terms of this chapter if the modification
will not conflict with the general purposes of this chapter. In granting
a modification, the Board of Supervisors may impose conditions which
will substantially secure compliance with the purposes of this chapter.
[Amended 5-9-1996 by Ord. No. 96-14]; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this chapter. The
amount of the fine imposed for the violation of this chapter shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this chapter and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this chapter. If the person violating
this chapter fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this chapter, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
