A. Definitions: As used in this section, the following definitions shall apply:
ALARM SYSTEM: A device or assembly of equipment or devices designed or arranged to signal the presence or existence of hazard requiring urgent attention of police or fire department personnel. These systems include:
1. Intrusion alarms, robbery alarms, fire alarms and any other alarm which requires an emergency response by the police or fire department;
2. Those systems terminating at a dedicated piece of equipment within a public safety agency;
3. Automatic devices which transmit voice reproductions or messages over telephone lines; and
4. Systems which notify certain alarm stations who in turn notify a public safety agency.
ALARM USER: Any person who owns, possesses, controls, or otherwise exercises dominion over a premises or property, or who regularly supervises the operation of any business thereon, on or in regard to which premises or property an alarm system is maintained, except for alarm systems within or on vehicles. If an alarm system in or on a vehicle is connected, either by wire, signal or other means with an alarm system in or on other property, the person using such vehicle alarm system is an alarm user. A person owns or controls property if he is the grantee under a deed, purchaser under a contract or a tenant.
FALSE ALARM: The activation of an alarm system resulting in a signal or call being received by the Carbondale police department when there is no threat to life, safety, or property requiring their urgent attention in, on, or at the property in regard to which the signal or call was sent. A false alarm includes activation of an alarm system caused by human error; a mechanical or system malfunction which results from neglect or failure to maintain; or an intentional activation when no threat is present.
FALSE FIRE ALARM: The activation of an alarm system resulting in a signal or call being received by the fire department when there is no threat to life, safety, or property requiring their urgent attention in, on, or at the property in regard to which the signal or call was sent. A false fire alarm includes activation of an alarm system caused by human error; a mechanical or system malfunction which results from neglect or failure to maintain; or an intentional activation when no threat is present.
PERSON: A natural person or a firm, organization, association, partnership or corporation.
B. Responsibility For False Alarm: The alarm user shall be responsible for all false alarms sent because of the activation of an alarm system in, or in regard to his property, or because of the action or statement of any of his employees or agents, if such action or statement is likely to result in the sending of an alarm, except when the agent or employee making the statement, taking the action or sending the alarm does so with the specific intention of sending a false alarm or causing one to be sent, or does so without caring whether the alarm is false. (Ord. 2016-56)
C. Fee Assessed For False Alarms:
1. Police Department Only Response To False Alarms: The sixth false alarm occurring within the calendar year and every false alarm thereafter from or in regard to the same premises or property shall result in the alarm user being assessed a service fee. The service fee for a false alarm shall be one hundred dollars ($100.00). The service fee may be waived by the Chief of the Police Department in cases where the false alarm is not reasonably attributable to the alarm user or the alarm user's equipment.
2. Fire Department Response To False Alarms: The Chief of the Fire Department shall after a third false fire alarm send a warning to the user that a fee will be assessed for the fifth and any subsequent false fire alarms occurring within the calendar year and every false fire alarm thereafter from or in regard to the same premises or property shall result in the alarm user being assessed a service fee. The service fee for a false alarm shall be five hundred dollars ($500.00). The service fee may be waived by the Chief of the Fire Department in cases where the false fire alarm is not reasonably attributable to the alarm user or the alarm user's equipment, or upon proof that after the third alarm warning the user had made reasonable arrangements to have the equipment repaired and said equipment was repaired within thirty (30) days of the warning. (Ord. 2017-41)
D. False Alarm Prohibited: It is unlawful for any person to send or give a false alarm.
E. Penalty: Any person who knowingly sends or causes to be sent, a false alarm shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than seven hundred fifty dollars ($750.00). (Ord. 2016-56)