CHAPTER 11
FALSE REPORTS AND FALSE ALARMS
SECTION:
4-11-5: Silencing Alarm Systems
4-11-6: Alarm Systems Maintenance
4-11-7: Maintaining A Public Nuisance Alarm
4-11-9: Prohibited Alarm Systems
4-11-1 DEFINITIONS:
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ALARM AGENT: |
Any person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, then user shall be considered the alarm agent for purposes of this section. |
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ALARM COMPANY DIRECTOR: |
Any person who receives an activation of an alarm or alarms system as provided by this chapter, and then transmits the information to the Garden City police department or North Ada County fire and rescue district. |
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ALARM OFFICER: |
The Garden City chief of police or his designee. |
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ALARM SUBSCRIBER: |
Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contract for the servicing or maintenance of an alarm system. |
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ALARM SYSTEM: |
Any mechanical, electrical or other device which is designated or used for the detection of a trespass, burglary, or robbery within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure, or facility, or which emits a sound or transmits a signal or message when activated and which is designed to elicit a response from the police department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms but are audible, visible, or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all the necessary equipment designed and installed for the detection of a trespass, burglary, robbery or other hazard in a single building, structure, or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility. |
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AUDIBLE ALARM: |
A device designed for the detection of unauthorized entry or presence on certain premises which generates an audible sound or signal on such premises when it is activated. |
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AUTOMATIC DIALING DEVICE: |
An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect. |
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EMERGENCY: |
Any condition for which the alarm was designed and installed, and which results in a response of police personnel. |
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FALSE ALARM: |
An alarm signal, message transmittal, or communication which is activated from an alarm system and which is responded to by personnel of the police and/or fire departments for which no emergency situation exists or existed as determined by the responding police personnel. False alarms shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthquakes, or other extraordinary circumstances determined by the alarm officer to be clearly beyond the control of the alarm subscriber. |
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FIRE DEPARTMENT: |
North Ada County fire and rescue district. |
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PENALTY STATUS: |
That status achieved by more than two (2) false alarms within the calendar year beginning January 1 and ending December 31. |
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PERSON: |
Any individual, partnership, association, corporation, or organization of any kind, or any governmental entity or political subdivision thereof. |
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POLICE DEPARTMENT: |
The Garden City police department. (Ord. 741-99, 1-11-2000) |
4-11-2 FALSE REPORTS:
It shall be unlawful for any person, firm partnership, association, corporation, company, or organization of any kind:
A. To make or file, or cause to be made or filed, a motor vehicle accident report knowing the same to be false or misleading in whole or in part;
B. To make or file, or cause to be made or filed, a theft report of a motor vehicle or other personal property, knowing the same to be false or misleading in whole or in part;
C. To intentionally make, turn in or give a false alarm of need for police or ambulance assistance, or aid or abet in the commission of such act;
D. To make or file any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring within the city; and
E. To furnish in any statement or report required by the ordinances of this city any false or misleading information, or fictitious address. (Ord. 741-99, 1-11-2000)
4-11-3 BURGLAR ALARM SYSTEMS:
The purpose of this chapter is to reduce the number of false burglar and robbery alarms thereby enhancing response time on other critical calls for service. (Ord. 741-99, 1-11-2000)
4-11-4 FIRE ALARM SYSTEMS:
The purpose of this chapter is to reduce the number of false fire alarms thereby enhancing response time on other critical calls for service. A "fire alarm" is defined as a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of fire or system activation. (Ord. 741-99, 1-11-2000)
4-11-5 SILENCING ALARM SYSTEMS:
A. Upon notification by the alarm officer or his designee that an alarm system is activated, the alarm subscriber, or the representative or alarm agent of the alarm subscriber, shall immediately proceed to silence the alarm.
B. An alarm system may be equipped with an automatic shutoff device which shall silence the alarm within fifteen (15) minutes after activation when the alarm system is protecting a residential structure or within thirty (30) minutes of activation when the alarm system is protecting a commercial or industrial structure.
C. The silencing of the alarm shall be completed by the alarm subscriber, alarm agent, alarm company operator, or their designee, within fifteen (15) minutes after notification of activation when the alarm system is protecting a residential structure or within thirty (30) minutes when the alarm system is protecting a commercial or industrial structure. (Ord. 741-99, 1-11-2000)
4-11-6 ALARM SYSTEMS MAINTENANCE:
A. Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.
B. It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm system, which is not in good working order, or has fallen into disrepair, or has malfunctioned.
C. All fire alarms are to be tested annually; schools must conduct fire drills monthly. (Ord. 741-99, 1-11-2000)
4-11-7 MAINTAINING A PUBLIC NUISANCE ALARM:
A. False Alarms: No person whether or not an alarm subscriber, shall maintain, operate, use or attempt to use an alarm system which generates more than one false alarm in a calendar year.
B. Public Nuisance: Any alarm system maintained, operated, used, or attempted to be used in violation of this section shall be deemed a public nuisance. In addition to reimbursement or any other remedy available to the city, the city may impose a penalty fee for each and every false alarm after one false alarm within the calendar year as determined by following the schedule below:
Second false alarm within the calendar year: Fifty dollars ($50.00).
Third false alarm within the calendar year: Seventy five dollars ($75.00).
Fourth false alarm within the calendar year: One hundred dollars ($100.00).
Each successive false alarm over four (4) within the calendar year: Two hundred dollars ($200.00).
C. Notice: Where the alarm system is deemed to be a public nuisance as provided by this section, the alarm officer shall provide the alarm subscriber written notice informing the alarm subscriber of the penalty status and the finding of public nuisance.
D. Abatement Of Nuisance: The city of Garden City shall reserve all rights and remedies available pursuant to Idaho Code.
E. Review:
1. The alarm subscriber may request the alarm officer to review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this section is deemed a waiver of any and all rights to appeal.
2. The alarm officer shall review the determination and send the alarm subscriber his findings as to whether the alarm system is a public nuisance in writing to the alarm subscriber by certified mailing within fifteen (15) days.
F. Appeal: The alarm subscriber may request a hearing before the city council after filing a notice for hearing in writing to the city clerk no later than ten (10) days following mailing of the alarm officer’s finding of a public nuisance. Any finding by the city council may be appealed to the district court of the fourth judicial district in the manner set forth in Idaho law. (Ord. 851-06, 6-10-2006)
4-11-8 COMPLIANCE:
A. An alarm subscriber who has notice of his/her alarm system being deemed a public nuisance shall be assessed a penalty fee in accordance with subsection 4-11-7B of this chapter.
B. An alarm subscriber, who has notice of the assessed penalty or for any amount due in reimbursement, shall remit within fifteen (15) days the amounts due to the city of Garden City. (Ord. 741-99, 1-11-2000)
4-11-9 PROHIBITED ALARM SYSTEMS:
No person shall use or operate an automatic dialing device or any device programmed to initiate and deliver a message or signal to any telephone number belonging to the city. (Ord. 741-99, 1-11-2000)
4-11-10 VIOLATIONS:
A. It shall be unlawful to operate or maintain any "alarm system" as herein defined for any purpose other than reporting such trespasses, burglaries, robberies, or other crimes involving potential serious bodily injury or death.
B. It shall be unlawful for any person to operate or use a public safety alarm system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting trespass, burglary, robbery or other permitted purpose.
C. It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use any "alarm system" as herein defined which malfunctions due to improper installation or operation and that results in the generation of false alarms. (Ord. 741-99, 1-11-2000)
4-11-11 PENALTIES:
A. Unless otherwise provided, any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-4-1 of this code.
B. Each and every false alarm exceeding two (2) within the calendar year shall be deemed a separate offense. (Ord. 741-99, 1-11-2000)
4-11-12 ENFORCEMENT:
The conviction or punishment of any person for violation of the provisions of this chapter shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent the criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy provided by law. (Ord. 741-99, 1-11-2000)
4-11-13 DISCLAIMER:
Nothing in this chapter shall be construed as modifying or nullifying the uniform fire code. (Ord. 741-99, 1-11-2000)