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City/County Vehicle Gallery

False Alarm Ordinances (R)

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Post by hiram4753 on Jan 28, 2016 at 10:34am

Does anyone have an existing ordinance relating to 'multiple' false alarms?

We are looking to implement an ordinance, and we don't need to re-create the wheel!

THANKS!

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Dennis N. Maidon
Webmaster - GACE Online
dmaidon@gaceonline.com

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Dennis N. Maidon
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Post by rg577 on Jan 29, 2016 at 9:08am

www.municode.com/library/ga/douglas/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22ALARM%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=PTIICOOR_CH62OFMIPR_ARTIIFAAL_DIV1GE_S62-51DEย 

ARTICLE II. - FALSE ALARMS
FOOTNOTE(S):
--- (2) ---
Editor's noteโ€” Ord. No. 02112008, ยงยง 63-1โ€”63-13, adopted Feb. 11, 2008, set out provisions intended for use as Ch. 63, ยงยง 63-1โ€”63-13. For purposes of classification, and at the editor's discretion, these provisions have been included as Art. II, ยงยง 62-51โ€”62-77.

DIVISION 1. - GENERALLY

Sec. 62-51. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm administrator means a person or designee designated by the chief of police to administer, control and review false alarm reduction efforts.

Alarm registration means the notification by an alarm company or an alarm user to the alarm administrator that an alarm system has been installed and is in use.

Alarm system means a device or series of devices, including, but not limited to, systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon the police department, fire department or emergency medical services, including local alarm system. The term "alarm system" does not include an alarm installed on a vehicle or a person unless the vehicle or personal alarm is permanently located at site.

False alarm means the activation of a fire, burglary, and/robbery or personal alarm by other than a medical emergency, fire, unintentional smoke, forced entry or attempted forced entry to the premises and at a time when no such fire has occurred, no emergency medical treatment is needed or no burglary, theft, robbery or forcible entry is being committed or attempted on the premises. False alarm shall include negligently activated alarm, alarm which are the result of equipment which has been improperly installed or maintained, and alarms which are purposefully activated to summon the police, firemen or emergency medical technicians in nonemergency situations, but does not include an alarm caused by violent weather conditions, acts of God or other causes which are beyond the user's control.

Multiple alarm sites means more than one alarm system on the premises.

Panic or personal alarm means an alarm system signal generated by the manual activation of a device intended to signal life threatening or emergency situation requiring emergency medical services, fire or law enforcement response.

(Ord. No. 02112008, ยง 63-1, 2-11-08)

Sec. 62-52. - Responsibility of alarm users.

(a)ย  It shall be unlawful for any person to activate any alarm system, other wise cause an alarm system to be activated, or operated or maintain an alarm system which is activated at a time when no fire, burglary, or robbery is in progress at the premises that causes a public safety officer to be dispatched and is later determined to be false.

(b)ย  It shall be unlawful for any person to activate any alarm system, or otherwise cause to be activated, or maintain any alarm system which automatically sends a prerecorded message or coded signal indicating the activation of an alarm system to any public safety agency of the City of Douglas.

(c)ย  It shall be unlawful for any person knowingly and intentionally to activate any alarm system as set forth in subsection (a) or (b) of this section with the full knowledge that no fire, burglary or robbery is in progress at a premises.

(d)ย  It shall be unlawful for any person to fail or refuse to obey a cease and desist or issued pursuant to this section.

(e) All alarm users will be required to respond to the location where the alarm is activated, or when requested by the police department, fire department or alarm administrator. The keyholder will be given 30 minutes from the time of the request to arrive at the premises to respond to the alarm, unless other arrangements are made through the alarm administrator. Upon activation, the alarm shall not sound any longer than 15 minutes.

(Ord. No. 02112008, ยง 63-2, 2-11-08)



Sec. 62-53. - Responsibility of alarm administrator.

(a)ย  The police department, the monitoring agency for this article, will make notification to any owner or occupier of the premises who have violated this article.

(b) The alarm administrator will issue a written notice of all false alarms to alarm users. This notice is in addition to the notice issued to the keyholder answering the false alarm.

(Ord. No. 02112008, ยง 63-3, 2-11-08)



Sec. 62-54. - Exemptions.

(a) There shall be a 30-day grace period following the installation of any new alarm system during which period false alarms shall not be counted. This grace period is provided to allow the installing company or other installer and the user to take necessary corrective actions with regard to the operation of the alarm system. A responsible person at such premises must maintain proof, in the form of an invoice, of the date of installation of an alarm system for exemption under this section.

(b) An alarm activated during an alarm system testing procedure shall not be considered a false alarm if the alarm user first notifies and receives permission from the user's alarm company or designee, the 911 dispatch center, or the police department, or fire department to test the equipment.

(c) The police chief shall issue a cease and desist order to any person who has violated subsection 63-52(c). Such order shall direct the alarm system in question to be permanently disconnected immediately upon receipt of such order.

(d) The police chief shall also issue a cease and desist order to any person who has violated subsection 63-52(a) and/or subsection 63-52(b) six times within a calendar month or three times within any 24-hour period. Such order shall direct that the alarm system in question be disconnected and shall not be reconnected until it has been inspected and serviced by a properly trained and licensed technician. Such order shall be rescinded upon receipt by the chief of police of written proof that such inspection and service has been performed any malfunction or maladjustment corrected.

(Ord. No. 02112008, ยง 63-4, 2-11-08)

Sec. 62-55. - Offenses.

(a)ย  Upon the police, fire or emergency medical service responding to the fifth false alarm within a 12-month period, the owner or occupier of the premises where such alarm or burglary system is maintained shall be given a written notice for the five responses to false alarms have within a 12-month period. Any additional false alarms would result in the alarm administrator assessing a service fee due and payable within 30 days following the notice thereof, and treated as any other municipal liability, such as taxes, and issue a fi fa and an execution for the owner of the premises for violation of this article. The violation would result in fees as set forth in the schedule of fees and charges on file.

(b) Upon the police or fire department responding to each false alarm, the responding keyholder will be advised of the false alarm. If the keyholder fails to respond to any false alarm, the responding officer or firemen will notify the alarm administrator who will assess a fee to the owner or occupier for violation of this article. If the keyholder fails to respond to any false alarm after the fifth false alarm, the alarm administrator will assess a double assessment. One assessment will be for the owner or occupier for violation of this subsection, and one assessment will issued for the owner or occupier for violation of subsection (a) of this section.

(c) If the owner or occupier fails to register their alarm system, the alarm administrator will assess a fee for the violation of this article. The violation of this subsection would be assessed in the amount of $25.00.

(d)

If an owner or occupier is a corporation or government entity, the summon will be addressed to the corporation or government entity and made attention to a designated individual. It will be the responsibility of the corporation or government entity to provide the police department with the name of the designated individual.

(Ord. No. 02112008, ยง 63-5, 2-11-08)

Sec. 62-56. - Appeals.

If a location is assessed a false alarm fee, and the owner, business or legal entity does not agree that the alarm activation should be classified as a false alarm, the owner, business or legal entity may choose to appeal through the proper process as follows:



(1)ย  The proper representative of the owner, business or legal entity, having or maintaining the alarm system may contact the chief of the agency that responded to the alarm (fire, police, or emergency medical service) and appeal the ruling. The alarm administrator will present any documentation of behalf of the city.

(2) If the owner, business, or legal entity and the chief of police, fire chief or director of emergency medical services are not able to resolve and agree on the alarm classification, the proper representative may request a meeting with the city manager to appeal the ruling. The alarm administrator will present any document on behalf of the city.

(3) The ruling of the city manager will be final.

(Ord. No. 02112008, ยง 63-6, 2-11-08)

Secs. 62-57โ€”62-70. - Reserved.

DIVISION 2. - REGISTRATION

Sec. 62-71. - Required.

It shall be unlawful for any person to maintain within the city an alarm system on commercial or residential premises unless the person owning or operating the business or residential location, where such an alarm system is maintained, shall file with the police department a valid alarm registration issued by the alarm administrator or designee. A separate registration is required for each alarm site. Fire alarms, burglary or robbery alarms, or panic alarms (any combination) on one site will be considered as one registration.

(Ord. No. 02112008, ยง 63-7, 2-11-08)
ย 
Sec. 62-72. - Application.

Each alarm registration shall include the following information:

(1) The name, complete address, and telephone number of the person who will be the registration holder and be responsible for the maintenance and operation of the alarm system and payment of fees assessed under this article;

(2) The classification of the alarm site as either residential, commercial, government entity or apartment;

(3) For each alarm located at the alarm site, the classification of the alarm system, i.e., fire, burglary, holdup, panic or other, for each purpose, whether audible or silent;

(4)ย  Mailing address if different from the alarm site;

(5) Any dangerous or special conditions present, i.e., attack dogs at the site;

(6) Name and telephone number of at least two individuals who are able and have agreed to receive notification of an alarm activation at any time; respond to the alarm site within 30 minutes; and will deactivate the alarm system if such becomes necessary;

(7) Type of business conducted at the site; and

(8) That law enforcement, fire or emergency medical service response may be based on factors such as: availability of police units, fire or emergency medical technicians, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc.

(Ord. No. 02112008, ยง 63-8, 2-11-08)



Sec. 62-73. - Issuance; conditions.

Upon receipt of a completed application form for registration under this division, the alarm administrator shall register the applicant and assign an alarm index number unless the applicant has failed to pay a prior fi fa. Assessment or had an alarm registration for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected.

(Ord. No. 02112008, ยง 63-9, 2-11-08)

Sec. 62-74. - False application.

Any false statements of a material fact made by an applicant for the purpose of obtaining an alarm registration under this division shall be sufficient cause for refusal to issue a registration or to revoke a registration upon discovery of a false statement of a material fact.

(Ord. No. 02112008, ยง 63-10, 2-11-08)

Sec. 62-75. - Transferability.

An alarm registration under this division may not be transferred to another person or alarm site. An alarm user shall inform the alarm administrator of any changes that alter the information listed on the registration application within five business days.

(Ord. No. 02112008, ยง 63-11, 2-11-08)

Sec. 62-76. - Fees.

A fee as set forth in the schedule of fees and charges on file in the office of the city clerk shall accompany each application for registration under this division, except that governments shall be exempt from paying such registration fee.

(Ord. No. 02112008, ยง 63-12, 2-11-08)

Sec. 62-77. - Duration.

Each registration completed under this division shall be valid for on year from the date of issuance.

(Ord. No. 02112008, ยง 63-13, 2-11-08)

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Dennis N. Maidon
Webmaster - GACE Online
dmaidon@gaceonline.com

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