[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 6-8-2023 by Ord. No. 469. Amendments noted where applicable.]
A.
ALARM
ALARM DEVICE
FALSE ALARM
FIRE DEPARTMENT
PERSON
POLICE DEPARTMENT
As used in this chapter, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
A communication to the Police and/or Fire Department or other
emergency service agency that a crime, fire, or other emergency situation
warranting immediate action by the Police and/or Fire Department or
other emergency service agency has occurred or is occurring.
Any type of alarm system actuating equipment in the alarm
console providing warning of intrusion, fire, smoke, flood or other
peril.
An alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence, or unintentional act, including
the malfunction of the alarm system; the intentional activation of
a holdup alarm for other than a holdup in progress; the intentional
activation of a medical alarm for other than a medical emergency;
or the intentional activation of a fire alarm for other than a fire
or hazard to which the Police or Fire Department responds. Exceptions
are: an alarm caused by the testing or repairing of telephone or electrical
lines or equipment outside the premises; acts of God, such as earthquake,
flood, windstorm, thunder or lightning; an attempted illegal entry
of which there is visible evidence; a crime in progress; or, in the
case of an emergency medical alarm, an actual medical emergency requiring
police, fire and/or medical personnel.
Any volunteer and/or paid firefighting entity responding
to an alarm in the Borough of Pine Grove, including the Hose, Hook,
and Ladder Fire Company and the North End Fire Company.
An individual, corporation, partnership, incorporated association,
or other similar entity.
The Borough of Pine Grove Police Department.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; the masculine shall include the feminine
and the neuter.
A.
False alarms initiated by or through alarm devices are strictly prohibited.
The owner, lessee, and occupant of any premises to which the Borough
Police and/or Fire Department or other emergency services agency responds
as a result of a false alarm shall be held personally liable for any
such false alarm. Each such false alarm shall constitute a separate
offense as follows:
(1)
First false alarm: verbal/written warning.
(2)
Second false alarm: verbal/written warning.
(a)
Upon a second false alarm offense, the owner, lessee, and/or
occupant shall be required to obtain an on-site inspection of the
alarm device that triggered the false alarm. This inspection shall
be conducted by the Borough's Code Official, and any and all
costs and fees in relation to this inspection shall be borne by the
owner, lessee, and/or occupant.
(3)
Third false alarm: $300.
(4)
Fourth false alarm: $400.
(5)
Fifth false alarm: $500.
(6)
Each additional false alarm: $500.
B.
When the fourth and subsequent false alarm occurs, the Police Department
shall notify the owner, lessee, and/or occupant of the structure to
which the Police and/or Fire Department agency responded that a false
alarm charge is due and payable and the amount thereof.
C.
A false alarm charge shall be due and payable at the Pine Grove Municipal
Building 30 days from the date of the mailing of the notice of assessment
of the charge.
D.
Failure of the person of said structure to pay a false alarm charge on or before the due date shall constitute a violation of this chapter and shall subject said person to the penalties set forth in § 63-5 hereof.
E.
If doubt exists as to the cause of the false alarm, the Chief of
Police or their designee shall make a decision regarding the circumstances
of the activation.
F.
Multiple alarms received before the system can be deactivated within
a reasonable period of time or two false alarms activated within a
twenty-four-hour period shall be considered a single alarm as determined
by the Police Department.
Administration and enforcement of this chapter shall be functions
of Pine Grove Borough Council and its Mayor, the Police Department,
and the Fire Department, and shall include the following:
A.
Authority to order the disconnection of an alarm device for failure
to correct any deficiencies in equipment or operation of an alarm
device after receipt of due notice from the Borough, Police Department
or Fire Department, or not meeting other conditions and specifications
of this chapter.
B.
Authority to order the disconnection of an alarm device until such
device is made to comply with industry operational standards but only
when evidence of failure to comply with said standards may impose
a burden upon the Police Department and/or Fire Department as a result
of false alarms.
C.
Authority, at reasonable times and upon prior written notice, to
enter upon any premises within the Borough serviced by a responding
Police Department or Fire Department to inspect the operation of an
alarm device.
Whenever, under § 63-3 of this chapter, the Police Department and/or Fire Department is empowered to make a decision with respect to the installation, operation, or maintenance of any alarm device, any person aggrieved by such decision may, within 10 days following the decision, file a written appeal therefrom with Borough Council, whereupon Borough Council shall conduct a hearing within 30 days and affirm, modify, or reverse the decision appealed from. The decision of Borough Council shall be final.
A.
Should any person fail to pay the false alarm charges, as required under § 63-3 of this chapter, such failure shall constitute a violation of this chapter, and such unpaid charges may be collected as fines by suit or summary proceeding brought in the name of the Borough of Pine Grove before any Magisterial District Judge of this commonwealth having jurisdiction. Such proceedings for such violations and for the collection of such fees imposed herein and unpaid may be commenced by warrant or by summons, at the discretion of the Magisterial District Judge before whom such proceedings are begun.
B.
Any person who commits a violation shall be subject to prosecution
in a summary proceeding brought before a Magisterial District Judge
having jurisdiction and, upon conviction, shall be liable for a fine
of not less than $100 nor more than $1,000, plus costs of prosecution,
and, in default thereof, may be sentenced and committed to imprisonment
for a period not exceeding 30 days. Each day during which failure
to comply continues shall constitute a separate violation of the terms
of this chapter.
