(A) (1) FALSE ALARM shall mean the activation of an alarm system through mechanical failure, malfunction, the negligence of an alarm business operator or his or her employees or agents, or the negligence of the owner, user or lessee of an alarm system or his or her employees or agents, or which otherwise elicits a response by a law enforcement agency or the Fire Department when a situation requiring a response does not in fact exist.
(2) A FALSE ALARM shall also mean the activation of an alarm, the purpose of which is to communicate or indicate a specific emergency when in fact that specific emergency does not exist.
(3) The terminology does not include, for example, alarms activated by utility line mishaps, tornadoes, earthquakes or other violent conditions of nature or other conditions clearly beyond the control of the alarm manufacturer, installer, owner or user.
(a) False alarms include those caused by:
1. Any action by any person, firm or corporation or other entity or agent thereof owning or operating any dwelling, building or place, which results in the activation of any alarm system when no emergency exists;
2. Any activation of any alarm system caused by a flaw in the normal operation, design, installation, maintenance of the system, by faulty equipment or by a change in the environment or premises upon or within which the alarm system is operating; or
3. Intentional misuse or any intentional activation of an alarm system when no burglary, robbery, fire or other emergency is in progress.
(b) An alarm will not be considered a false alarm if it is determined that the alarm was caused by:
1. Natural or human-made catastrophe or an act of God; (The events include tornadoes, floods, earthquakes or other similarly violent conditions.)
2. Vandalism, causing physical damage to the premises;
3. Telephone line outage;
4. Attempted entry of a location causing visible, physical or other evidence of damage to the location;
5. Severe weather causing physical damage to the premises; and
6. The testing of a local/audible alarm system by a licensed alarm business agent or employee who is present at the premises servicing, or owner repairing or installing the alarm when the testing does not result in the alarm being activated for an uninterrupted period exceeding 60 seconds.
(B) It shall be an offense for any person to:
(1) Turn on, send in or cause or permit any false alarm for the purpose of attracting the attention of the Police Department or Fire Department;
(2) Use any other similar type emergency equipment used by the Police or Fire Department without express permission from the Chief of the Police;
(3) Molest or tamper with any police or fire alarm box, telephone, radio or other instrument used in communicating or signaling either the Police Department or Fire Department; or
(4) Turn in any type false alarm to any city official or department.
(2002 Code, § 132.05) (Ord. 425, passed 4-12-1999) Penalty, see § 10.99