Chapter 9.10
FALSE ALARMS
Sections:
9.10.030 Emergency contact card – Termination of false alarm.
9.10.060 Violations – Penalty.
9.10.010 Purpose.
This chapter is intended to reduce the number of false alarms occurring within the Town and that result in a waste of the Town resources by providing for corrective administrative action, including fees and potential disconnects and criminal penalties for violations. [Ord. 2006.09 § 1, 2006].
9.10.020 Definitions.
The following words used in this chapter shall be defined as set forth in this section:
“False alarm” includes the activities burglar and/or robbery alarm by other than an unlawful or attempted unlawful entry or when no robbery or burglary is being committed or attempted on the premises.
“Person” includes any natural person, partnership, joint stock company, incorporated association or society, or a corporation of any character whatsoever. [Ord. 2006.09 § 1, 2006].
9.10.030 Emergency contact card – Termination of false alarm.
A. It is unlawful to have or maintain on any premises a burglar and/or robbery alarm unless there is on file with the Wilkeson Police Department an emergency contact card on a form provided by the Police Department containing a name, telephone number of the persons 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.
B. It is unlawful for any person authorized to terminate a false alarm and listed on the emergency contact card to refuse to respond and turn off the false alarm within one (1) hour of being requested to do so by the Wilkeson Police Department.
C. Any alarm audible upon abutting property for a period in excess of one (1) hour is declared to be a public nuisance and may be summarily abated by the Police Department. [Ord. 2006.09 § 1, 2006].
9.10.040 Unlawful conduct.
A. It is unlawful for any person to activate any robbery and/or burglar alarm for the purposes of summoning police, except in the event of an actual or attempted unlawful entry, burglary or robbery or for anyone notifying the police of any 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 police of such apparent malfunction.
B. Every person who possesses any premises with a burglary and/or robbery alarm shall maintain the alarm system in good repair. Any person failing to do so is guilty of failing to maintain an alarm system. Three (3) false alarms for any alarm system in any twelve (12) month period shall be prima facie evidence of failure to comply with this subsection by the person having or maintaining such an alarm. [Ord. 2006.09 § 1, 2006].
9.10.050 Fees.
A. The Town shall impose the following administrative sanctions upon a police response to any false alarm:
1. Upon a first response to the premises at which no other false alarm has occurred, notice of conditions and requirements of this chapter shall be given to the person having or maintaining such alarm system. The notice shall also request that possible causes of the permanent malfunction be examined, and any corrective action be taken to prevent future occurrences.
2. If a second response to a premises occurs as the result of a false alarm within a six (6) month period, the person having or maintaining such burglary and/or robbery alarm shall, within three (3) working days after notice to do so, submit a written report to the Town Marshal on a prescribed form setting forth the cause of such false alarm, the corrective action taken, and such other information as the Town Marshal or his designee may reasonably require to determine the cause of such false alarm, any mitigating circumstances and necessary corrective action. The Town Marshal, or his designee, shall be authorized to inspect, or cause to be inspected, the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system under the conditions and requirements of this section. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on the premises.
3. If a third response to a premises occurs within a six (6) month period, the person having or maintaining such alarm system shall, within three (3) working days after notice to do so, submit a written report to the Town Marshal on prescribed forms setting forth the cause of such false alarm, as well as a written statement by a certified alarm repair service, indicating the action taken and a statement of reliability. In addition, notice will be given that future occurrences within the same six (6) month period will result in a monetary assess of fifty dollars ($50.00).
4. a. If a fourth response to a premises occurs within the same six (6) month period, a fee of fifty dollars ($50.00) will be assessed.
b. If a fifth response to a premises occurs within the same six (6) month period, a fee of one hundred dollars ($100.00) will be assessed.
c. If a sixth response to the premises occurs within the same six (6) month period, a fee of two hundred fifty dollars ($250.00) will be assessed.
d. If a seventh or subsequent response to the premises occurs within a six (6) month period, a fee of three hundred dollars ($300.00) for each and every response will be assessed.
B. Monetary assessment imposed in accordance with this section shall be paid to the Town Clerk/Treasurer within fifteen (15) days of the date of notice. The Town Clerk/Treasurer shall not renew the business license of any business which fails to pay a monetary assessment or comply with this chapter. [Amended during 2014 codification; Ord. 2006.09 § 1, 2006].
9.10.060 Violations – Penalty.
Violations of this chapter shall be punished as a misdemeanor, by a maximum of one thousand dollars ($1,000) fine and/or ninety (90) days’ confinement. [Ord. 2006.09 § 1, 2006].