[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Hanover as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-13-1992 by Ord. No. 92-5]
The following definitions shall apply in the
interpretation and enforcement of this article:
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to which police, fire department or emergency response agencies respond
which is not the result of an attempted illegal entry, burglary, intrusion,
fire, medical or other similar emergency, excluding weather extremes
and utility interruptions, which activates a protection device.
It shall be unlawful for the property owner,
lessee or any person occupying or otherwise on any premises within
Upper Hanover Township to make or cause to be made a false fire or
security alarm, directly or indirectly, to any police department,
fire company or emergency response agency responding to alarms within
the Township when the false alarm is caused by faulty detection or
alarm equipment or by the negligence of said property owner, lessee
or person.
A.
The status of an alarm is to be determined by the
police department, fire company or other affected emergency response
agency, and the decision shall be final.
B.
Within 15 days of receipt by the Secretary of Upper
Hanover Township of a report of a false alarm by an emergency response
agency, Upper Hanover Township will forward a notice of the false
alarm to the record title owner or lessee of the property whereat
the false alarm occurred and advise said property owner or lessee
of the obligations of the owner or lessee to correct the alarm system
and the possible penalties that could result from multiple false alarms
as hereinafter set forth; a copy of this article shall constitute
sufficient notice to a property owner or lessee that fines and penalties,
as set forth hereinafter, will be imposed as well as be sufficient
to inform the property owner or lessee of his, her or their responsibility
to correct the alarm system.
C.
Upon notification of a false alarm, a written report
shall be made within 14 days by the owner or lessee to the affected
emergency response agency and shall contain what steps have been taken
to eliminate future false alarms.
D.
Service fees for false alarms shall be assessed by
the Township as follows:
(1)
Third false alarm in any one calendar year shall be
subject to a service fee not to exceed $50.
(2)
Fourth false alarm in any one calendar year shall
be subject to a service fee not to exceed $100.
(3)
Fifth and subsequent false alarms in any one calendar
year shall be subject to a service fee not to exceed $200.
A.
In the event a violation of this article occurs, in
addition to such other remedies as may be available under existing
law, the Township 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 article or assists or abets its violation, shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not less than $50 nor more than $500, together with the
costs of prosecution and, in default of the payment of said fine and
costs, shall be committed to the Montgomery County Prison for a period
not exceeding 30 days. Each violation shall constitute a separate
offense for which a summary conviction may be sought.
