[HISTORY: Adopted by the Board of Supervisors of Athens Township 4-24-2019 by Ord. No. 2019-04. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 17
The following definitions shall apply in the interpretation
and enforcement of this chapter:
The services provided by the Athens Township Volunteer Fire
Company and/or any emergency agency or provider operating within the
Township of Athens or the Commonwealth of Pennsylvania.
The Fire Chief or his designated representative.
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means, to which emergency
services of the Athens Township Volunteer Fire Company and/or other
emergency services agency or provider 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 or in any premises
within Athens Township, to make or cause to be made, a false alarm,
directly or indirectly, to any emergency services agency or provider
responding to alarms within the Township.
A.
Whether an alarm is a false alarm as defined herein is to be determined
by the Athens Township Volunteer Fire Company or other affected emergency
services agency or provider. The decision shall be final.
B.
Upon determination by the Athens Township Volunteer Fire Company
of a first false alarm within a calendar year, the Fire Company shall
send a written warning to the owner, lessee, and/or occupant of the
premises, notifying said person or persons of this chapter, and directing
that a written report be made within 14 days by said owner, lessee,
or occupant of the property, to the Athens Township Volunteer Fire
Company, and/or other emergency service agency or provider, setting
forth what steps have been taken to eliminate future false alarms.
C.
Service fees for false alarms shall be assessed by and paid to Athens
Township Volunteer Fire Company, or its designated agent, as follows:
(1)
A second false alarm in any one calendar year shall be subject to
a service fee of $100 to residential homeowners, and $200 to commercial
buildings.
(2)
A third false alarm in any one calendar year shall be subject to
a service fee of $200 to residential homeowners and $400 to commercial
buildings.
(3)
A fourth and all subsequent false alarms in any one calendar year
shall be subject to a service fee of $500, plus costs of prosecution
in accordance with this chapter.
D.
Athens Township Volunteer Fire Company, or its authorized agent,
shall be responsible for administering the terms of this chapter.
E.
If the service fee invoice is not paid within 60 days, a late charge
of 10% of the invoice, as well as 1.5% interest per month, and the
actual cost of collection to include attorneys' fees, will be
assessed to the responsible party.
A.
In the event a violation of this chapter occurs, in addition to such
other remedies as may be available under existing law, Athens Township
Volunteer Fire Company may institute an action in equity to prevent,
restrain, correct, abate or enjoin such violation.
B.
Any person, whether as principal or agent, who violates this chapter,
fails to comply with any provision of this chapter, or assigns or
abets its violation, shall upon conviction thereof, before any Magistrate,
be sentenced to pay a fine not less than $100, nor more than $300,
together with the costs of prosecution and service fees as set forth
above.
The fines implemented in this chapter shall not be imposed for
a period of one month. The one-month grace period shall begin on the
effective date of this chapter. At the completion of the one-month
grace period, any violation of this chapter shall be enforced by all
available procedures.
A.
Any ordinance, resolution or part thereof in conflict herewith, is
hereby repealed to the extent of said conflict.
B.
Nothing in this section is intended to prohibit the prosecution of
false alarms pursuant to 18 Pa.C.S.A. § 7511, as may be
amended, by the Athens Township Volunteer Fire Company or other emergency
service agency or provider responding to the false alarm or by Athens
Township. All remedies set forth in this chapter are cumulative and
the failure to pursue anyone of said remedies does not constitute
a waiver of said remedy or any other remedy.
Athens Township Volunteer Fire Company is hereby authorized
and directed to execute any and all documents necessary to effectuate
the purposes of this chapter. The enforcement official shall have
all necessary power and authority to enforce this chapter to include
taking all necessary actions as directed by the Athens Township Volunteer
Fire Company.
This chapter shall take effect five days from the date of adoption,
as permitted by law.
