(A) The purpose of this chapter is to encourage alarm users and alarm companies to properly use and maintain the operational effectiveness of alarm systems and to reduce or eliminate false alarms; thereby reducing unnecessary use of limited Sheriff's Office resources and hidden costs associated with investigating alarms that are false.
(B) This section governs alarm systems intended to summon a law enforcement officer response, establishes fees, provides penalties for violations, establishes a system of administration, and sets conditions for the suspension of response or revocation of registration.
(Ord. passed 11-5-2012)
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM SIGNAL. A detectable signal, either audible or visual, generated by an alarm system, to which the Sheriff's Office may respond.
ALARM SYSTEM.
(1) Any single device or assembly of equipment designed to signal the occurrence of an illegal entry or other activity requiring immediate attention and to which the Sheriff's Office responds, but does not include alarms installed in motor vehicles or fire box alarms accessible to or able to be activated by the general public.
(2) Further, alarm systems that are operated by the county, state or federal government and installed on premises occupied or used by such entities for governmental purposes (including schools) shall not be subject to this chapter. The categories of alarms for which a Sheriff's Office response may be requested for purposes of this chapter may include, but not necessarily be limited to, burglary, holdup, robbery, duress, panic, fire or smoke.
ALARM SYSTEMS COORDINATOR. The County Manager of Lincoln County or designee.
ALARM USER. Any person, corporation, partnership, proprietorship, or any other entity owning or leasing an alarm system, or on whose premises an alarm system is maintained for the protection of such premises.
AUTOMATIC DIAL PROTECTION. An automatic dialing device or an automatic telephone dialing alarm system and shall include any system, which, upon being activated, automatically initiates to the Lincoln County Sheriff's Office or to the designated communications center a recorded message or code signal indicating a need for Sheriff's Office response. This does not apply to a life safety alert system utilizing residential transmitting equipment designated for direct or indirect telephone access to dedicated control receiving equipment.
DEFENSES TO FALSE ALARMS. An alarm user may raise, as an affirmative defense to a false alarm service fee assessment, that a false alarm was caused by action of the telephone company, telephone line outage, power outage lasting longer than the life of a fully charged battery, or other extraordinary circumstances not reasonably subject to control by the alarm user, subscriber or proprietor alarm owner.
FALSE ALARM.
(1) The activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user, his employees or agents, and signals activated to summon Sheriff's Office personnel, which revealed upon inspection by the responding officer no evidence indicating an entry without authorization, robbery, or that such other crime was attempted in or on or against the premises, nor any evidence of fire or smoke which would have activated a properly functioning alarm system.
(2) A false alarm shall not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. In addition, 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 and/or the Communications Center. An alarm is not considered false as it relates to this section, when said alarm is activated within five days of initially becoming operable.
SHERIFF. The Sheriff of Lincoln County or designee.
(Ord. passed 11-5-2012)
(A) Sheriff's Office response. Whenever an alarm is activated in the county and the Sheriff's Office responds, the investigating officer on the scene of the activated alarm system shall inspect the area and shall determine whether the Sheriff response was in fact necessary as indicated by the alarm system or whether the alarm was false as defined by this chapter.
(B) Notification. If the investigating officer at the scene of the activated alarm system determines the alarm to be false, the officer shall have a notation added to the county's computer-aided dispatch (CAD) system of the false alarm and the alarm system coordinator, or designee, shall notify the owner by first-class mail.
(Ord. passed 11-5-2012)
(A) Request for review. The alarm systems coordinator or designee shall, when requested by an alarm user, review the determination that an alarm was false. The alarm user requesting such review shall provide the following information in writing:
(1) Alarm user's name;
(2) Address at which alarm is installed;
(3) Date of false alarm that is being contested;
(4) Facts upon which request for review of the false alarm determination is made;
(5) Specific defenses to the false alarm assessment.
(B) The alarm system coordinator shall notify the owner of his decision in writing within a reasonable time.
(Ord. passed 11-5-2012)
(A) Excessive false alarms. It is hereby found and determined that four or more false alarms within any 12-month period is excessive and constitutes a public nuisance. (Only one false alarm per calendar day will be assessed for each alarm system, upon finding common cause. COMMON CAUSE is defined as a technical difficulty or malfunction causing the system to generate a series of false alarms, all of which occurs within a calendar day. The series of false alarms shall be counted as one false alarm only if the cause of the series of alarms is repaired before generating additional false alarms during the next 24-hour calendar day.)
(B) Civil penalties.
(1) (a) All excessive false alarms within a 12-month period shall be charged the fines and charges set out below, which shall be considered a bill owed by the alarm user to the county and may be collected from the alarm user as a civil penalty. Each service charge incurred for false alarms at the premises shall be paid within 30 days from the date of receipt of the invoice. Failure to pay any such charge, bill or fee shall result in discontinuance of Sheriff's Office response.
(b) Eligibility for Sheriff's Office response to alarm calls will be made upon receipt of any prior unpaid, civil penalties assessed pursuant to this section and receipt of the applicable charges as set forth below:
Number of False Alarms | Penalty |
4th through 5th | $25 per occurrence |
6th through 8th | $50 per occurrence |
9th through 11th | $100 per occurrence |
12th or more | $200 per occurrence |
(C) Year. For the purposes of this section, a year shall mean a 12-month period beginning on January 1 and ending on December 31.
(D) Discontinuance of Sheriff's Office response. The failure of an alarm user to make payment of any service charge imposed under this section within 30 days from the date of receipt on invoice shall result in discontinuance of Sheriff's Office response to alarms that may occur at the premises described, until payment is received. (With exception of receiving a separate indication that there is a crime or incident in progress the premises, requiring a Sheriff's Office response such as holdup alarm; panic alarm; duress alarm; or other alarm indicating an authorized person(s) is on the premises and intentionally activating the alarm to cause a Sheriff's Office response.)
(E) Responsibility to pay service fees or penalties subject to this section shall be the responsibility of the alarm subscriber or alarm user, jointly and severally. The owner of a proprietor alarm shall be solely responsible.
(F) Penalty. Any violation of this section shall be subject to the penalties as described in § 90.99 herein.
(Ord. passed 11-5-2012; Ord. passed 3-21-2022)
(A) It shall be unlawful for any person to violate any provision of this chapter.
(B) It shall be unlawful for any person to activate a burglary or robbery/holdup or panic or fire alarm for the purpose of summoning Sheriff's personnel when no such action or other action dangerous to life or property is being committed or attempted or involved on the premises, or otherwise to cause a false alarm.
(C) It shall be unlawful for an alarm user to fail to reimburse Lincoln County, in accordance with the provisions of this chapter, for response(s) by Lincoln County Sheriff's Office to any false alarm(s).
(D) Any violation of this section shall be subject to the penalties as described in § 90.99 herein.
(Ord. passed 11-5-2012; Ord. passed 3-21-2022)
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