§ 135.06  FALSE ALARMS.
   (A)   This section shall apply to all 911 alarm systems located within the city.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALARM BUSINESS.  Any person, firm, or other entity engaged in the business of installing, servicing, maintaining, repairing, replacing, moving, or removing alarm systems, or assisting in any of these functions, in the city.
      ALARM SYSTEM.  Any mechanism, equipment, or device that is designed to detect the presence of an unauthorized entry or activity in any building or on any property, to direct attention to any emergency in progress, or presence of fire, and to signal the above occurrences either by a local or audible alarm, or by a silent or remote alarm. The following devices shall not constitute alarm systems within the meaning of this section:
         (a)   Devices that do not activate alarms that are audible, visible, or perceptible outside the protected premises;
         (b)   Devices that are not installed, operated, or used for the purpose of reporting an emergency;
         (c)   Alarm devices affixed to motor vehicles;
         (d)   Alarm devices installed on a temporary basis by the city;
         (e)   An Underwriters Laboratory (UL) approved battery operated smoke detection device installed by the resident in his personal residence; and
         (f)   Alarm devices installed in or on premises owned or leased by the city.
      EMERGENCY.
         (a)   A situation where a person is suffering from a serious medical illness or injury;
         (b)   The commission or attempted commission of a crime; or
         (c)   The existence of a fire.
      EXCESSIVE FALSE ALARM.  Any false alarm in excess of two false alarms within any consecutive four-month period.
      FALSE ALARM.
         (a)   The activation of an alarm system through mechanical failure, malfunction, the negligence of the alarm business or its employees or agents, or the negligence of the owner, user, or lessee of an alarm system or his employees or agents, or which otherwise results in a response by a law enforcement agency or fire department when a situation requiring such response does not in fact exist.
         (b)   FALSE ALARM shall also mean the activation of an alarm, the purpose of which is to communicate or indicate a specific emergency situation when in fact that specific emergency situation does not exist.
         (c)   FALSE ALARM shall not include alarms activated by acts of God which shall include, for example, utility line mishaps, tornados, earthquakes or other violent conditions of nature, or other conditions clearly beyond the control of the alarm manufacturer, installer, owner, or user.
      OWNER.  The person, corporation, or other entity that has contracted with the city to receive one or more utility services at a particular location or, in the absence of such a person, corporation, or other entity, the person, corporation, or other entity that is the owner of record as indicated by the current year's tax rolls in the Oklahoma County Treasurer's Office.
   (C)   The misuse of the 911 system is any request for emergency response when no actual emergency exists and when the caller does not have a good faith basis to request emergency assistance. It is unlawful for any person to make a false alarm, intentional or unintentional, of any nature or in any manner to deceive or attempt to deceive the Fire Department or Police Department or any officer or employee thereof with reference to any fire alarm or reported fire, accident, or other emergency, or knowingly to cause the Fire Department or Police Department or its officers or employees to dispatch emergency service.
   (D)   Intentional false 911 calls.
      (1)   No person shall contact the 911 emergency telephone number system for any purpose other than to report an immediate emergency which could result in the dispatch of emergency services from any public agency as defined in 63 O.S. § 2813.
      (2)   No person shall contact the 911 emergency telephone number system knowing or having reason to know that the situation which is being reported as an emergency does not exist, for example, making a knowingly false alarm or complaint or reporting knowingly false information.
      (3)   No person shall call 911 for non-emergency or personal use, including contacting the 911 emergency telephone number system and intentionally hang up without reporting an emergency unless such immediate emergency exists.
      (4)   No parent, guardian, or other adult having the care and custody of a minor shall permit, or, by insufficient supervision and/or control, allow said minor to violate the provisions of this section.
      (5)   Any person found guilty of a violation as set forth under divisions (D)(1) through (4) of this section shall be punished by a fine not to exceed $500, plus costs, for each incident of violation or imprisonment not to exceed ten days, or both. Any subsequent violation by the same offender within a six-month period is punishable by an additional fine not to exceed $500, plus costs, and may result in imprisonment for up to 30 days, or both.
   (E)   Unintentional false 911 calls.
      (1)   No person, business owner, tenant, occupant, or other person in control of any premises shall allow any call to be made from any number assigned to their exclusive use and/or control, including mobile and/or wireless numbers, by unintentional means to the 911 emergency telephone number system due to human error, equipment malfunctions, or equipment programming. Any such person having been notified of such unintentional contact shall take immediate action to remedy such unintentional contact. In the event the person, business owner, tenant, occupant, or other person in control of such premises, subsequent to notice, fails to take corrective action to prevent further unintentional contact shall be guilty of an offense.
      (2)   Any person found guilty in violation of division (E)(1) shall be punished by a fine not to exceed $100, plus costs per call subsequent to notification.
(`93 Code, § 10-607)  (Am. Ord. 1735, passed 9-9-14; Am. Ord. 1853, passed 5-8-18)