[Ord. No. 2019-553, 3/13/2019]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An audible or visible signal emitted, transmitted or otherwise
produced by an alarm device indicating that a crime, fire or other
emergency situation warranting immediate action by the police, fire
company or other emergency response agency has occurred or is in the
process of occurring.
An electrical, electronic or mechanical device designed to
automatically (a) emit, transmit or otherwise produce an alarm by
wire, telephone, radio, or other means to a person who is instructed
to notify the police, the fire company and/or other emergency response
agency of the alarm, and/or (b) activate a bell, light or other sound
or light producing device to be heard or seen outside a building intended
to alert the police, the fire company or other emergency response
agency to the existence of a crime, fire or other emergency situation
warranting immediate action by the police, the fire company or other
emergency response agency.
An alarm to which the police, the fire company, and/or other
emergency response agency responds resulting from the activation of
an alarm device when a crime, fire or other emergency situation warranting
immediate action by the police, the fire company or other emergency
response agency has not in fact occurred. Alarms activated by extreme
weather conditions or utility interruptions are excluded from this
definition.
[Ord. No. 2019-553, 3/13/2019]
It shall be unlawful for the property owner, lessee or any person,
firm or corporation occupying or otherwise on any premises within
the Borough of Red Hill to make or cause to be made a false alarm,
directly or indirectly, to any police, fire company or other emergency
response agency responding to alarms within the Borough, when the
false alarm is caused by faulty detection or alarm equipment or by
the negligence of said property owner, lessee or other person.
[Ord. No. 2019-553, 3/13/2019]
1.Â
For the purpose of defraying a portion of the cost to the Borough,
the fire company and/or other emergency response agency in responding
to false alarms, any person, firm or corporation who owns or occupies
any property within the Borough from which a false alarm emanates
for any reason, shall pay to the Borough a service fee for each false
alarm as follows:
[Amended by Ord. No. 2022-587, 12/14/2022]
(a)Â
No service fee shall be assessed for the first two false alarms occurring
within any 365-day period.
(b)Â
A service fee will be assessed for a third false alarm and all subsequent
false alarms within any 365-day period. The service fee is to be determined
by resolution adopted by the Borough Council and may be amended from
time to time by resolution adopted by the Borough Council.
2.Â
The determination whether a false alarm has occurred shall be determined
by the Fire Marshal or Deputy Fire Marshal. When a false alarm occurs,
the Borough shall, within 30 days from the date on which the false
alarm occurs, notify the person, firm or corporation who owns or occupies
the property from which the false alarm emanated that the false alarm
occurred and that a false alarm service fee and the amount thereof
is due. Such notice shall be in writing and mailed to the property
owner or occupant at the last known address thereof by regular first-class
mail, postage prepaid. Failure of the Borough to mail the notice of
assessment of the false alarm service fee within 30 days from the
date on which the false alarm occurred shall preclude the Borough
from assessing a false alarm service fee for that particular false
alarm.
3.Â
A false alarm service fee assessed in accordance with this Part shall
be due and payable at the Borough Hall 14 days from the date of the
mailing of the notice of assessment of the false alarm service fee.
4.Â
The failure of a person to pay, in full and on or before the due date, a false alarm service fee assessed against such person under and in accordance with this Section shall subject such person to the penalties under § 10-404 of this Part. In addition, any false alarm service fee not paid by the due date shall become a lien upon the property from which the false alarm originated until paid in full and a municipal claim therefor may be filed by the Borough in accordance with applicable law.
[Ord. No. 2019-553, 3/13/2019]
1.Â
Any person, firm or corporation who shall fail to pay a false alarm service fee assessed against such person, firm or corporation in the full amount and on or before the due date, as provided by § 10-403 of this Part, shall be in violation of this Part and, upon conviction thereof, shall be sentenced to pay a fine of not less than $50 nor more than $500, together with the costs of prosecution. Each violation shall constitute a separate offense.
2.Â
The fine imposed on a person, firm or corporation under § 10-404, Subsection 1, shall not be in lieu of but shall be in addition to the false alarm service fees assessed against such person, firm or corporation under this Part, and shall not be exclusive but shall be in addition to such other rights and remedies which the Borough now has or may hereafter have to enforce this Part and the assessment and collection of false alarm service fees provided hereunder.
3.Â
In addition to such other remedies as may be available under existing
law, the Borough may institute an action in equity to prevent, restrain,
correct, abate or enjoin a violation of this Part.
