Chapter 8.28
FALSE ALARMS
Sections:
8.28.030 Emergency response card.
8.28.040 Audible alarms declared nuisance.
8.28.050 Fees – Corrective action – Disconnection.
8.28.060 Administrative decision – Notice.
8.28.070 Appeal from administrative decision – Finality.
8.28.080 Payment of fees required.
8.28.090 Automatic dialing device – Certain interconnections prohibited.
8.28.100 Automatic reset required.
8.28.110 Tampering with alarm systems.
8.28.010 Purpose.
It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resulting waste of city resources and to reduce the dangers inherent in emergency response, by providing for corrective administrative action, including fees and potential disconnection and criminal penalties. (Ord. 424 § 12, 1981)
8.28.020 Definitions.
As used in this chapter, the definitions contained in this section shall apply:
A. “Automatic dialing device” means a device which is interconnected and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.
B. “Chief of police” includes the chief and/or his designee.
C. “False alarm” means the activation of a burglary, robbery, fire or other emergency alarm by other than a forced entry, attempted forced entry, unlawful entry or actual robbery or attempted robbery on the premises and at a time when no robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted upon the premises. “False alarm” further includes the activation of an alarm device at a time when no fire exists on the premises or at a time when no threatened fire involving a foreseeable risk of grievous bodily harm is present on the premises. “False alarm” further includes the activation of any other emergency assistance request device at any time when there is no foreseeable risk of grievous bodily harm to any person upon the premises from which the alarm is activated.
D. “Fire chief” means the chief of the city fire department and shall include his designee.
E. “Interconnect” means to connect an alarm system, including an automatic dialing service, either directly or through a mechanical device for the purpose of transmitting a message upon the activation of an alarm system.
F. “Owner” means the person having or maintaining the alarm on premises owned and/or occupied by him.
G. “Person” means any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
H. “Response” shall be deemed to have occurred when the police department or fire department, as the case may be, begins to proceed towards the premises as a result of an activation of an alarm. (Ord. 424 § 2, 1981)
8.28.030 Emergency response card.
It is unlawful, and declared to be a misdemeanor, to have or maintain on any premises a burglary or robbery, fire or other emergency alarm, or alarm system unless there is on file with the city police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any alarm. Such emergency response card may be in any form as prescribed by the chief of police or his designee. (Ord. 424 § 3, 1981)
8.28.040 Audible alarms declared nuisance.
Any alarm audible on abutting property for a period in excess of 15 minutes is declared to be a public nuisance and may be summarily abated at the discretion of the chief of police or the chief of the fire department, or their designees. (Ord. 424 § 4, 1981)
8.28.050 Fees – Corrective action – Disconnection.
For city response to any false alarms, the city may charge and collect fees from the owner as follows:
A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, referred to in this chapter as a “first response,” no fee shall be charged. Upon a first response, the chief of police shall give notice of conditions and requirements of this chapter to the owner.
B. For a second response to the premises within six months after a first response, the city may charge the owner a fee as established by resolution. Within five working days after notice to do so, owners shall make a written report to the chief of police in the prescribed form setting forth:
1. The cause of such false alarm;
2. The corrective action taken;
3. Whether and when such alarm has been inspected by authorized service personnel;
4. Such other information as the chief of police or his designee may reasonably require to determine the cause of such false alarm, any mitigating circumstances and the corrective action necessary.
The chief of police, or his designee, may direct the owner to have authorized personnel inspect the alarm at such premises and/or to take other corrective action. All costs of inspection and corrective action shall be borne by the owner.
C. For the third response to a premises within six months after a second response, and for each succeeding response within six months of the most recent response, the city may charge the owner an administrative fee as established by resolution. If such third false alarm or any succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police or his designee may order the owner to disconnect such alarm until the prescribed corrective action is taken and until such time as verification of such corrective action is provided to the city police department; provided, however, that no disconnection shall be ordered for any premises required by law or administrative regulation to have an alarm system in operation.
D. In the event the chief of police or fire chief, or their designees determine that a false alarm occurred as a direct result of an interruption of electrical power, a telephone line malfunction, or a malfunction of the alarm equipment clearly beyond the control of the person having or maintaining such alarm on the premises owned or occupied by him, the city shall waive any imposition of the applicable false alarm fee. Such waiver shall be at the sole discretion of the chief of police, fire chief, or their designee, as the case may be. (Ord. 2005-029 § 2; Ord. 424 § 5, 1981)
8.28.060 Administrative decision – Notice.
Notice of imposition of any administrative sanction, including the imposition of any fee or order of disconnection under the provisions of this chapter shall be given to the person having or maintaining the alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining the alarm on the business premises. (Ord. 424 § 6, 1981)
8.28.070 Appeal from administrative decision – Finality.
A. Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the city council.
B. Unless a written notice of appeal of the administrative decision is filed with the city clerk within 10 days of the receipt of the notice of the imposition of an administrative sanction under this chapter, the sanction shall be deemed to be final and no right of appeal shall lie therefrom. (Ord. 424 § 7, 1981)
8.28.080 Payment of fees required.
It is unlawful, and a misdemeanor, for any person to fail or refuse to pay any fees imposed under this chapter. In addition to institution of any criminal proceeding, the mayor may authorize the city attorney to collect the fees by appropriate legal action, and in connection with any proceeding to collect fees, the owner, in addition to the fee imposed by this chapter, shall be responsible for a reasonable attorney fee and court costs. (Ord. 424 § 8, 1981)
8.28.090 Automatic dialing device – Certain interconnections prohibited.
A. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city; and it is unlawful for any person to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the chief of police to disconnect or reprogram the automatic dialing device.
B. Within 60 days after the effective date of this chapter, all existing automatic dialing devices programmed to select a telephone line assigned to the city shall be reprogrammed and/or disconnected. (Ord. 424 § 9, 1981)
8.28.100 Automatic reset required.
Within 60 days after the effective date of this section, all alarms maintained on any premises in the city shall have an automatic reset device which will deactivate the alarm after 15 minutes of continuous operation. Any owner failing to install such an automatic reset device as required in this section is guilty of a misdemeanor. (Ord. 424 § 10, 1981)
8.28.110 Tampering with alarm systems.
A. Tampering. It shall be unlawful and a misdemeanor for any person to tamper with or to cut, break, deface or actuate any alarm device (including auxiliary alarm devices, wires, wire support or appurtenances thereto) or to intentionally transmit an alarm knowing no emergency exists.
B. Exception. Subsection A of this section shall not apply to city employees engaged in their official duties. Subsection A further shall not apply to any competent representative of a manufacturer of burglar alarm equipment who, with the consent of the chief of police, is modifying, adjusting, altering or repairing, or replacing an alarm system or any of its component equipment; provided, that notice shall have first been provided to the city police department.
C. Subsection A of this section shall further not apply to any competent insurance rating engineer who is testing any system in discharge of his duties, and with the permission of the chief of police.
D. Any person doing any work on an alarm system or auxiliary alarm system that may cause a signal to be transmitted to the city over any alarm system or network shall notify the chief of police before such work stating the time and place thereof. (Ord. 424 § 11, 1981)
8.28.120 Other false alarms.
Any person who shall intentionally give, make or turn in a false alarm of fire, or of the need for police, ambulance or other emergency assistance, knowing such alarm to be false, or making the same with reckless disregard to the true conditions, and any person aiding or abetting another in the commission of such act, shall be guilty of a misdemeanor. (Ord. 424 § 13, 1981)
8.28.130 Penalties.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and may be punished in such manner as provided for misdemeanors pursuant to state statute. (Ord. 424 § 14, 1981)