[Ord. No. 419, 5/1/2023]
1.
The Council of the Borough of Thornburg finds that:
A.
Improper installation, defective equipment, lack of maintenance or
other reason may cause any alarm system to malfunction.
B.
Each time the Police Department, a volunteer fire company or other
municipal department response to an alarm activated because of a malfunction,
the cost to the Borough, responding Police Department and/or volunteer
fire company is significant.
C.
In addition to the financial cost, each malfunction requires that
emergency personnel respond, thus decreasing the number of personnel
available to respond to an actual fire or other emergency.
D.
False alarms jeopardize the safety of emergency personnel as well
as the general public.
E.
The Borough Code has vested the Council with the power to regulate
the foregoing pursuant to 8 Pa.C.S.A. § 1202.
[Ord. No. 419, 5/1/2023]
Any device designed for 1) the detection of fire and that
issues an alert to the existence of a fire, or 2) the detection of
an unauthorized entry on the premises, its commission or occurrence,
and that when activated, the device gives a signal, either visual,
audible or both, or transmits or causes to be transmitted a signal,
except residential in-house fire alarms.
Any alarm signal that alerts any person, which is not the
result of an actual or potential fire or other actual threatened emergency,
requiring a response. False alarms shall include, but not limited
to, negligently or accidently activated signals; signals which are
the result of faulty, malfunctioning or improperly installed or maintained
equipment; signals which are purposely or accidently activated to
summon a response by police, fire or emergency services in nonemergency
situations; and alarm signals for which the actual cause is not determined.
A system that gives a signal, either visual, audible or both,
on the exterior portion of the property, but such signal does not
leave the structure by wire, radio wave, or other means to a police
department, fire company, or alarm system company or other person
who is instructed to notify the police department or fire company
of the alarm.
[Ord. No. 419, 5/1/2023]
[Ord. No. 419, 5/1/2023]
For the purpose of this part, all persons, including individuals,
groups, associates, corporations, and other entities, shall be deemed
responsible to maintain all portions of the alarm system which they
own or over which they have or may have control or custody, in such
condition and in such a manner that will prevent the activation of
a false alarm, and such persons shall prevent the existence of any
conditions which may cause the activation of a false alarm.
[Ord. No. 419, 5/1/2023]
From and after the date of this part, any person causing or
permitting a false alarm, and/or any person having ownership, custody
or control of an alarm system which issues a false alarm shall be
in violation of this part. Each false alarm issued shall constitute
a separate violation.
[Ord. No. 419, 5/1/2023]
1.
For the first two false alarms which occur in any one calendar year
from each alarm system, there shall be no charge. For each false alarm
thereafter during such calendar year, the penalty shall be $300 and
payable to the Borough Secretary, within 30 days of notification.
2.
There shall be a sixty-day grace period in the collection of false
alarm penalty fees for any new installation of an alarm system.
3.
Any person violating this part by failing to timely pay the penalty
due hereunder shall be subject to a fine of $1,000 per violation and
to imprisonment to the extent permitted by law for the punishment
of summary offenses. Enforcement of this part shall be by action brought
before the District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
In addition to any other remedy available under law, the Borough may
enforce this part by an action in equity. The initial determination
of ordinance violation and the service of notice violation are hereby
delegated to the Borough Building Code Official, or the Borough Secretary,
or to any other officer or agent deemed appropriate by the Borough
Council.
