A. Definitions; Duties Of Responders; Duties Of Alarm Users:
The following words, terms, and phrases when used in this section, shall have the meanings as ascribed to them in this subsection, except where the context clearly indicates a different meaning:
1. Alarm Signal; Signals: "Alarm signal or signals" means the activation of an alarm system that requests a response, by the police department or the fire department, or by activating an audible alarm, loudspeaker or bell.
2. Alarm System:
a. "Alarm system" means a burglary alarm system, robbery alarm system, or automatic fire alarm system.
b. "Alarm system" does not include:
(1) An alarm installed on a vehicle, unless the vehicle is permanently located at a site; or
(2) An alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the alarm site.
3. Alarm System Contractor:
a. "Alarm system contractor" means:
(1) A person engaged in installing, maintaining, monitoring, altering, or servicing alarm systems; or
(2) An agency that furnishes the services of a person engaged in installing, maintaining, monitoring, altering, or servicing alarm systems.
b. "Alarm system contractor" does not include a person who only sells or manufactures alarm devices, unless that person services, installs monitors, or responds to alarm systems at protected premises.
4. Alarm System With Automatic Dialing System: Any device or combination of devices that will automatically upon activation either mechanically, electronically, or by any other means, initiate a telephonic, recorded or programmed message to a preselected telephone number.
5. Alarm User:
a. "Alarm user" means a person in control of an alarm system within, on, or surrounding any building, structure facility or site.
b. "Alarm user" includes the owner or lessee of an alarm system.
6. Defective Alarm System:
a. Presumption: A "defective alarm system" means any system generating more than four (4) "false alarms", as defined, in any six (6) month period, or any system, except a financial institution with an Underwriters Laboratory approved audible alarm, activating an audible alarm, loud speaker or bell that does not automatically reset and silence itself within thirty (30) minutes of activation.
b. Notice Of Condition: A police officer or fire response officer who answers a false alarm shall provide written notice to the alarm user of the defective condition stating the number of false alarms activated during the designated period and whether or not the alarm system is being placed on defective status.
c. Actions By Alarm User: Upon notice from the appropriate police department or fire department representative, an alarm user who has a defective alarm system shall:
(1) Have the system inspected within thirty (30) days by an alarm system contractor or alarm user, if qualified; and
(2) Within fifteen (15) days of the inspection file a written report with the police department or fire department.
d. Report: The report shall contain:
(1) The results of the alarm system contractor's or alarm user's inspection.
(2) The probable cause of the false alarms.
(3) Actions taken or recommendations for eliminating the false alarms.
(4) Upon receipt of a report establishing that appropriate measures have been taken to eliminate false alarms, the chief of police or his designee, or the fire chief or his designee may remove the alarm system from defective status.
(5) Nothing in this section shall prohibit enforcement of violations concerning operation of a defective alarm system between the time that a notice of condition is issued and an alarm system is removed from defective status.
7. False Alarm:
a. "False alarm" means any request for immediate assistance by the police department or fire department, regardless of cause, that is not in response to an actual emergency situation or threatened suggested criminal activity.
b. "False alarm" includes:
(1) Negligently or accidentally activated signals; and
(2) Signals that are the result of faulty, malfunctioning, or improperly installed or maintained equipment; and
(3) Signals that are purposely activated to summon the police department or the fire department in a nonemergency situation.
c. "False alarm" does not include:
(1) Signals activated by unusually severe weather conditions or other causes beyond the control of the alarm user; or
(2) Signals activated during the initial sixty (60) day period following new installation.
d. An alarm system that is activated a second time within a twelve (12) hour period when the premises are unoccupied shall be deemed one false alarm if:
(1) Access to the building is provided to the alarm system contractor; and
(2) An alarm system contractor or an employee of an alarm system contractor responds.
e. Failure to comply with subsection A7d of this section shall result in each subsequent alarm being counted as a false alarm.
8. Police Department: "Police department" means the Ponca City police department.
9. Fire Department: "Fire department" means Ponca City fire department.
B. Prohibited Acts: It shall be unlawful and an offense punishable under the jurisdictional limits of the municipal court for:
1. Intentional Activation Of Alarm System: An alarm user to wilfully and knowingly activate an alarm signal for a nonemergency situation.
2. Operating Defective Alarm System:
a. An alarm user to wilfully and knowingly continue to use a defective alarm system after receiving a notice of such condition and that the alarm system was placed on defective status. Without complying with user's duties as specified in subsection A6c and A6d of this section.
b. Each false alarm activation, following being placed on defective status, is a separate violation.
3. Operating Alarm System With Automatic Telephone Dialing System: An alarm user, any person, company, or other entity to use or operate, attempt to use or operate, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will automatically, upon activation either mechanically, electronically, or by any other means, initiate a telephonic, recorded or programmed message to the emergency number 911 or any telephone number assigned to the police department or the fire department.
4. Making False Reports Of Crime, Injury, Fire Or Other Emergency: Any person to intentionally and knowingly communicate a false fire alarm, false crime report or false notice of injury, or activate an automatic apparatus which transmits the same or in any manner to deceive or attempt to deceive the fire department, the police department or a dispatcher for the same, or employee thereof with reference to any fire alarm, false report of a crime or an injury, or to knowingly cause the fire department, police department, or its officers or employees to make a useless dispatch of fire, ambulance or police personnel or equipment by reason of such information. (Ord. 5965, 1-11-2002)