509.081 EXCESSIVE FALSE ALARMS.

   (a)   Definitions. For purposes of this section, the following definitions shall apply:

      (1)   “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry, robbery, medical and/or emergency, or any other activity requiring urgent attention and to which the Police Division or Fire Division is excepted to respond.

      (2)   A.   “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation, carelessness or negligence of the owner or lessee of an alarm system or of his employees or agent that alerts a government organization, police, fire or other emergency service of an emergency requiring their immediate response.

         B.   “False alarm” does not include:

            1.   An alarm triggered by an act of God, or

            2.   An alarm triggered by a criminal act or an attempt to commit a criminal act when there is actual physical evidence at the scene of the alarm suggesting an abandoned or a completed effort to commit a crime.

      (3)   “Alarm user” shall mean the person, firm, partnership, association, corporation, company or organization of any kind in control of premises wherein an alarm system is maintained or used.

   (b)   Procedures - Police Division. In order to more effectively deal with the problem of excessive false alarms and to defray the costs incurred in responding to multiple false alarms within the corporate limits of the City, the following procedures shall be followed whenever the Police Division has responded to multiple false alarms within a calendar year resulting from the malfunction of the same commercial or residential alarm system.

   Alarm users shall be responsible for multiple false alarms sent by alarm systems on premises under their control.

      (1)   On the third false alarm during a calendar year, the Police Division shall send a written warning to the alarm user of the premises from which such false alarm has been emitted advising the alarm user of the number of false alarms recorded for that alarm system to date.

      (2)   On the fourth false alarm during a calendar year, the Police Division shall make telephone contact with the alarm user advising the alarm user of the number of alarms recorded for that alarm system to date.

      (3)   On the fifth false alarm during a calendar year, the Police Division shall make a second warning telephone call to the alarm user advising the alarm user of the number of alarms recorded for that alarm system to date.

      (4)   On the sixth false alarm during a calendar year, the Police Division shall make a personal visit to the premises wherein the alarm system is maintained and personally notify the alarm user of the number of alarms recorded for that alarm system to date.

      (5)   On the seventh false alarm during a calendar year, the Police Division shall serve a final written warning either by personal service or by certified U.S. mail, return receipt requested, to the alarm user of the premises from which such false alarm has been emitted notifying the alarm user of the number of alarms recorded for that alarm system to date and further notifying the alarm user that any subsequent violation in the same calendar year shall constitute a minor misdemeanor punishable by a fine of up to one hundred dollars ($100.00).

   In addition to the requirements set forth in subsections (b)(1) to (5) herein, in all contracts with the alarm user by the Police Division, the alarm user shall be notified that the alarm user may contest the status of the activation being considered a false alarm by written correspondence directed to the attention of the Chief of Police within 30 days of the activation.

   Upon receipt of the written correspondence from the alarm user, the Chief of Police, in his discretion, and with the concurrence of the City Manager, may waive, modify or set aside the calculation of the number of false alarms received by the City from the alarm premises in order to avoid any injustice to the alarm user as a result of receipt of alarm signals which do not constitute false alarms pursuant to the definition set forth in subsection (a)(2) herein.

   (c)   Procedures - Fire Division. In order to more effectively deal with the problem of excessive false alarms and to defray the costs incurred in responding to multiple false alarms within the corporate limits of the City, the following procedures shall be followed whenever the Fire Division has responded to multiple false alarms within a calendar year resulting from the malfunction of the same commercial or residential alarm system.

   Alarm users shall be responsible for multiple false alarms sent by alarm systems on premises under their control.

      (1)   On the second false alarm during a calendar year, the Fire Division shall send a written warning to the alarm user of the premises from which such false alarm has been emitted advising the alarm user of the number of false alarms recorded for that alarm system to date.

      (2)   On the third false alarm during a calendar year, the Fire Division shall serve a final written warning either by regular mail or by certified U.S. mail, return receipt requested, to the alarm user of the premises from which such false alarm has been emitted notifying the alarm user of the number of alarms recorded for that alarm system to date and further notifying the alarm user that any subsequent violation in the same calendar year shall constitute a minor misdemeanor punishable by a fine of up to one hundred dollars ($100.00).

   In addition to the requirements set forth in subsection (c)(1) and (2) herein, in all contracts with the alarm user by the Fire Division, the alarm user shall be notified that the alarm user may contest the status of the activation being considered a false alarm by written correspondence directed to the attention of the Fire Chief within 30 days of the activation.

   Upon receipt of the written correspondence from the alarm user, the Fire Chief, in his discretion and with the concurrence of the City Manager, may waive, modify, or set aside the calculation of the number of false alarms received by the City from the alarm premises in order to avoid any injustice to the alarm user as a result of receipt of alarm signals which do not constitute false alarms pursuant to the definition set forth in subsection (a)(2) herein.

   (d)   Excessive False Alarms - Violations.

      (1)   No alarm user, having been sent each of the written notice and having received the telephone contact and personal notification as set forth in subsection (b)(1) to (5) herein for the third through seventh false alarms during a calendar year, shall permit an eighth false alarm to occur during the same calendar year. This subsection shall be construed to impose strict liability for all false alarms occurring after the notices issued pursuant to subsection (b)(1) to (5) have been sent.

In a prosecution for a violation of this subsection, the occurrence or nonoccurrence of the false alarms giving rise to the notices listed in subsections (b)(1) to (5) herein shall not be collaterally attacked by an alarm user, unless that alarm user had, within 30 days of the false alarm, previously notified the Police Division of the reasons why such previous activation should not be considered to be a false alarm.

A violation of this subsection is a minor misdemeanor.

      (2)   No alarm user shall permit nine or more false alarms to occur during the same calendar year. This subsection shall be construed to impose strict liability for all false alarms occurring after the notices in subsections (b)(1) to (5) have been sent.

In a prosecution for a violation of this subsection, the occurrence or nonoccurrence of the false alarms giving rise to the notices listed in subsections (b)(1) to (5) herein shall not be collaterally attacked by an alarm user, unless that alarm user had, within 30 days of the false alarm, previously notified the Police Division of the reasons why such previous activation should not be considered to be a false alarm.

A violation of this subsection is a fourth degree misdemeanor.

      (3)   No alarm user, having been sent each of the written notices as set forth in subsections (c)(1) and (2) herein for the third false alarm during a calendar year, shall permit a fourth false alarm to occur during the same calendar year. This subsection shall be construed to impose strict liability for all false alarms occurring after the notices issued pursuant to subsections (c)(1) and (2) have been sent.

In a prosecution for a violation of this subsection, the occurrence or nonoccurrence of the false alarms giving rise to the notices listed in subsections (c)(1) and (2) herein shall not be collaterally attacked by an alarm user, unless that alarm user had, within 30 days of the false alarm, previously notified the Fire Division of the reasons why such previous activation should not be considered to be a false alarm.

    A violation of this subsection is a minor misdemeanor.

      (4)   No alarm user shall permit five or more false alarms to occur during the same calendar year. This subsection shall be construed to impose strict liability for all false alarms occurring after the notices in subsections (c)(1) and (2) have been sent.

In a prosecution for a violation of this subsection, the occurrence or nonoccurrence of the false alarms giving rise to the notices listed in subsections (c)(1) and (2) herein shall not be collaterally attacked by an alarm user, unless that alarm user had, within 30 days of the false alarm, previously notified the Fire Division of the reasons why such previous activation should not be considered to be a false alarm.

A violation of this subsection is a fourth degree misdemeanor.

         (Ord. 2004-7-62. Passed 7-14-04; Ord. 2022-9-89. Passed 9-28-22.)