A. False Fire Alarms: Any person owning or leasing an alarm system that transmits an alarm activation, either indirectly or directly to the police department, shall be in violation of this chapter if the false alarm conditions as defined in subsection B of this section are determined to be evident by either the city or district. For purposes of determining guilt under this section, a person's knowledge and intent are not elements of this offense.
B. False Fire Alarm Conditions: For the purpose of this section, there shall be a rebuttable presumption that a fire alarm activation was a false fire alarm when the city or district determines that:
1. There is no evidence of a fire or other smoke, noxious gas or high temperature on the protected premises that would warrant a call for immediate emergency response; and
2. There is no evidence that violent weather conditions, electrical power failures, transmission line malfunctions, or other extraordinary circumstances beyond the control of the fire alarm user caused the activation of the fire alarm.
C. New Fire Alarm Systems: Whenever a new fire alarm system is installed and added to the network, no fire alarm activation received from the subscriber's location shall be deemed a false alarm for a period of fifteen (15) days from the date of system acceptance by the city or district so long as the total number of false alarms does not exceed a total of three (3). All false fire alarms exceeding three (3) in the first fifteen (15) days shall be charged at one hundred dollars ($100.00) per activation. Following the fifteen (15) day grace period, false alarm fees will be based on subsection E of this section.
D. Notice Of False Fire Alarm: The method of notifying a subscriber of a false alarm shall be as follows:
1. On a monthly basis, the city shall send a false fire alarm notice to all subscribers for whom any false alarm(s), within the meaning of subsection A of this section, has been recorded. Such notice shall include the date and time of each fire alarm, the suspected reason for the false fire alarm if known, and the fee, if any, for the fire alarm(s). False alarm notices shall be sent to the responsible party, as indicated on the registration form for the system, by postage paid, first class U.S. mail.
2. All false fire alarm fees shall be paid to the city within thirty (30) days of the invoice date.
3. Within twenty one (21) days of the false alarm invoice date, the owner of a fire alarm system may provide evidence to rebut the presumption of a false fire alarm to the wireless alarm board. If it is found that the evidence provided successfully rebuts the false alarm determination, the false alarm charge for each false alarm successfully rebutted shall be deleted from the fire alarm system's records. The decision of the wireless alarm board with regards to a false fire alarm classification shall be final.
E. False Fire Alarm Fees: A false alarm fee is hereby imposed on the responsible party of any fire alarm system to reimburse the city and district for the increased costs incurred in the response to excessive false fire alarms. False fire alarms exceeding three (3) in a calendar year shall be considered excessive.
The responsible party of any fire alarm system shall pay a false alarm response fee based on the following schedule:
False Fire Alarms Within A Calendar Year | False Alarm Response Fee (Per Activation)
|
0 – 3 | $ 0.00 |
4 – 5 | 100.00 |
6 – 10 | 250.00 |
11 and more | 500.00 |
False fire alarm fees will be effective beginning in calendar year 2010.
F. Intentional False Fire Alarms: Any alarm user who intentionally activates an alarm system where no fire emergency exists shall be fined two hundred fifty dollars ($250.00) in addition to the normal false alarm fees that would be required by subsection E of this section and may be held subject to prosecution under applicable Illinois state law. (Ord. 09-O-53, 8-4-2009)