Chapter 8.20
FIRE AND FALSE ALARMS
Sections:
8.20.030 Indemnity agreement required.
8.20.040 Emergency contact card.
8.20.050 False alarm – Unlawful.
8.20.070 Violation – Penalties.
Prior legislation: Ord. 144.
8.20.010 Purpose.
It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including the imposition of fees, potential disconnection and/or criminal penalties for violations. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]
8.20.020 Definitions.
The following, as used in this chapter, shall be defined as set forth in this section:
A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
B. “Emergency alarm” means any device that warns of danger by sound or signal and is designed to protect a residence, building, or fenced area from attempted or actual unlawful or forced entry or attempted or actual robbery or from fire or other emergency on the premises protected by the alarm. “Emergency alarm” does not include such devices designed to protect vehicles.
C. “False alarm” includes the activation of an emergency alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery or fire or other emergency on the premises and at the time when no robbery, burglary, or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises or when no fire or other emergency has occurred.
D. “Responsible party” is the person who possesses the most direct control over the proper operation of the emergency alarm, and in most instances such person shall be the owner or occupant of the premises or business owner, manager, or chief administrative agent of the premises on which the false alarm occurred and upon which the emergency alarm is located. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]
8.20.030 Indemnity agreement required.
Any person, firm, or corporation desiring to install or have installed within the city of Roslyn any alarm designated to trigger visual or audible signal(s) of any type at the Roslyn police department or at any other location owned by the city of Roslyn, or attended or monitored either full- or part-time by any agent to employee of the city, shall first sign an indemnity agreement with the city. Such indemnity agreement shall save and hold the city of Roslyn, its agents and employees harmless from any liability involving the failure of such alarm circuit or equipment and from any delayed response or failure to respond to such alarm by reason of the unavailability of city personnel to monitor such alarm and from the expense of defending such claim. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]
8.20.040 Emergency contact card.
It is unlawful to have or maintain on any premises an emergency alarm unless there is on file with the Roslyn police department an emergency contact card containing the name or number of person(s) authorized to enter such premises and turn off any alarm and a signed statement by the owner or occupier of the premises authorizing police officers to disconnect an alarm when required by this chapter, on forms provided by the police department. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the police department. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]
8.20.050 False alarm – Unlawful.
A. It is unlawful for anyone to activate any emergency alarm for the purpose of summoning police except in the event of an actual or attempted burglary or robbery, or in the event of an actual or attempted fire or other emergency, or for anyone notifying the police of an activated alarm, and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, to fail at the same time to notify the police of such apparent malfunction.
B. Every person who possesses any premises with an automatic alarm system shall maintain the system in good repair and any person failing to do so is guilty of failing to maintain an alarm system. Three false alarms from any such system in any calendar year shall be prima facie evidence of failure of the person having the right to possession to comply with this section. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]
8.20.060 False alarm – Fines.
A. For police response to any false alarm, the city may charge and collect from the person determined by the chief of police to possess the most direct control over the proper operation of the emergency alarm fines as follows:
1. No fee shall be charged for a response to a premises at which no other false alarm has occurred (hereinafter referred to as a “first response”). Upon a first response, the chief of police or his/her designee shall determine who possesses the most direct control over the proper operation of the emergency alarm and shall give notice of the conditions and requirements of this chapter to such person, hereinafter referred to as the “responsible party.”
2. The chief of police or his/her designee may issue a civil infraction against the responsible party for a second response to a premises at which a false alarm has occurred. The infraction shall be issued against the responsible party. In the event of a second response to a false alarm, the following procedure shall be used:
a. The responsible party shall, within five working days after notice to do, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the corrective action necessary.
b. After receiving this written report or after the five-day period expires for submitting a written report, the chief of police shall be authorized to inspect or cause to be inspected the alarm system at such premises; prescribe necessary corrective action; issue a notice of civil infraction; and shall give notice of the conditions and requirements of this chapter to the responsible party.
3. The chief of police or his/her designee may charge issue a notice of civil infraction for a third or subsequent response to a premises at which a false alarm has occurred. The infraction shall be issued against the responsible party. In the event of a third response to a false alarm, the following procedure shall be used:
a. The responsible party shall, within five working days after notice to do so, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the corrective action necessary.
b. After receiving this written report or after the five-day period expires for submitting a written report, the chief of police shall be authorized to inspect or cause to be inspected the alarm system at such premises; prescribe necessary corrective action; issue a notice of civil infraction; and shall give notice of the conditions and requirements of this chapter to the responsible party.
c. All costs of inspection and corrective action shall be borne by the responsible party.
d. If a third or subsequent false alarm occurs as a result of failure to take necessary corrective action prescribed, the chief of police may order the responsible party to disconnect such alarm until the prescribed corrective action is taken and a certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.
B. For the purpose of determining whether a response is a first, second, third or subsequent response to a false alarm, only those responses which previously occurred in the same six-month period shall be counted. A six-month period shall be from January 1st to June 30th or July 1st to December 31st of that year. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]
8.20.070 Violation – Penalties.
The fine for first response for which a civil infraction has been issued shall be not more than $250.00. The fine for a second or subsequent response for which a civil infraction has been issued shall be not more than $500.00. [Ord. 813 § 1, 1996; Ord. 812 § 1, 1996.]