(A) Purpose.
(1) The purposes of this section are to promote the responsible use of security alarm systems in order to facilitate the effective and efficient response to alarms by the Garden City Police and Fire Departments. Furthermore, the provisions of this section are intended to reduce the number of false alarm activations and responses by Garden City Police and Fire Departments. It is not the intention of this section to interfere with the contractual obligations between alarm businesses and alarm users or to supersede any provisions of state law.
(2) Response to false alarms consumes many hours of valuable law enforcement and fire responder time and resources, reduces mental preparedness of officers responding to alarms if an actual emergency exists, and presents significant health, safety and welfare hazards to the citizens of Garden City. Those who utilize faulty alarm systems or errantly operate alarm systems which repeatedly generate false alarms that necessitate public safety (police and fire) response are impacting valuable public safety resources and it is deemed that the adoption of a false alarm ordinance is in the best interest of the public health, safety and welfare of the citizens of 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.
(1) ALARM BUSINESS. The business, by an individual, partnership, corporation, or other entity, of selling, leasing, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system.
(2) ALARM DISPATCH. A notification to the Emergency Dispatch Center by the alarm business that an alarm, either manual or automatic, has been activated at an alarm site and police and/or fire responders have been dispatched to the alarm site.
(3) ALARM SITE. A single premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex shall be considered a separate alarm site.
(4) ALARM SYSTEM. Any device or assembly of equipment designed for the detection of fire, medical emergency, unauthorized entry on or into any building, place or premises, or for the alerting of others on or off premises of the commission of an unlawful act, or both, and when activated causes an audible and/or visual signal or transmits a signal or message to which law enforcement officers and/or fire responders are expected to respond or which would imply to a reasonable person that public safety personnel (police or fire) are needed at the alarm source to investigate a criminal activity or emergency. The following devices shall not constitute an alarm system:
(a) Alarm devices affixed to motor vehicles; and
(b) Handheld portable personal safety devices.
(5) ALARM USER. Any person, firm, partnership, company, association, corporation or owner, tenant or lessee or their authorized agent or representative of premises at which an alarm system is installed, maintained or utilized.
(6) FALSE ALARM. The activation of an alarm system resulting in a response to the building, place or premises on which the alarm system is located by the Garden City Police Department or Garden City Fire Department when the responding police and/or fire personnel find no evidence of a fire, medical emergency, or criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site.
(a) FALSE ALARM shall not include an alarm dispatch which is cancelled by the alarm business or the alarm user prior to the time the responding police and/or fire personnel reach the alarm site; however, robbery and hold-up alarms shall not be subject to cancellation, i.e. police and/or fire personnel shall continue to the alarm site.
(b) Acts of God, including violent conditions of nature such as earthquakes, high intensity winds, extreme storms including thunderstorms, lightning, electrical surges and utility failures which interrupt the alarm service through no fault of the alarm user shall likewise not be considered FALSE ALARMS.
(7) MONITORING. The process by which an alarm business receives signals from an alarm system and relays an alarm dispatch request to the communications center for the purpose of summoning public safety response to the alarm site.
(8) NOTICE OF NON-COMPLIANCE. A formal 30-day notification by the Alarm Administrator, advising of the intent to put the alarm business in substantial default status leading to lien.
(C) Fee for excessive false alarms. To defray the cost of responding to false alarms and to discourage the continuation of repeat false alarms, the alarm user of the alarm site shall pay to the city a false alarm fee as set by the City Council for the fourth and any subsequent false alarm during any calendar year that the alarm system is activated and responded to by the Police and/or Fire Departments, and the service called for is not needed.
(a) Notification; assessment of fee. After the Alarm Administrator has recorded three fire-related and /or police-related false alarm occurrences within a calendar year for a given alarm site, the Alarm Administrator shall notify the alarm user, in writing, by first class mail or hand delivery, that additional false alarm occurrences will result in the imposition of service charges in accordance with the above fee schedule. Failure to receive such notification does not waive or nullify any service charges. A fourth or subsequent police and/or fire related false alarm occurring within any calendar year shall result in a per occurrence false alarm charge as set by the City Council to the alarm user of the alarm site. Such fees will be invoiced periodically as determined by the Alarm Administrator.
(b) Disposition of false alarm fees. All fees and service charges collected under this section shall be paid into the treasury of the City of Garden City.
(D) Failure to pay fee; lien. False alarm fees under this section shall at once become a debt to the city and shall be paid to the City Clerk within 60 days from the date of invoice. In the event the false alarm fee is not paid within 60 days from the date of invoice, a service charge as set by the City Council shall be added. A notice of non-compliance will be sent with the adjusted fine amounts. Fees and service charges remaining unpaid for 30 days shall be filed as a lien on the property and shall have the same character and effect as a lien created by general law for state and county taxes, until paid.
(E) Exceptions. The following circumstances shall not constitute a false alarm, and no fee shall be assessed:
(1) Alarms activated by a person working on the alarm system with prior notification to the Emergency Dispatch Center;
(2) Alarms which can be substantiated as being activated by disruption or disturbance of utility company facilities or motor vehicle-utility pole accidents; and
(3) Alarms indicating an actual intrusion or other illegal activity, i.e. not false alarms:
(F) Alarm user duties.
(1) To be familiar with the provisions of this section.
(2) To maintain the alarm system in good working order, periodically test, and take reasonable measures to prevent the occurrence of false alarms.
(3) To instruct all persons who are authorized to place the alarm system into operation, in the appropriate method of operation and to lock and secure all points of entry, such as doors and windows.
(4) To inform all persons who are authorized to place the alarm system into operation of the provisions of this section, emphasizing the importance of avoiding false alarms.
(5) To provide a sign or notice posted on or near every audible device with the name and 24-hour telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. All silent alarm systems shall include a posted notice on the premises which provides the same information.
(Ord. 10-004, passed 9-21-09; Am. Ord. 21-002, passed 2-8-21) Penalty, see § 91.99