509.075 NEGLIGENT FALSE ALARMS.

   (a)   The purpose of this section is to reduce the number of false police and fire alarms in the City in an effort to protect the public safety by minimizing unnecessary use of emergency services resources.

   (b)   Definitions.

      (1)   Chargeable false alarm. A chargeable false alarm is defined, for the purpose of this section, as any alarm system activation that causes a response from the Youngstown Police and/or Fire Department that is determined by the responding department as false and probable cause exists demonstrating that the false alarm was caused by the negligence of the person or persons responsible for the operation of said alarm.

      (2)   Alarm system. Any system installed permanently or temporarily, monitoring a place of business, residence, or other private property, designed to signal directly or indirectly a response from the Police/Fire Departments alerting the presence of fire, smoke, carbon dioxide or monoxide, robbery, burglary, vandalism, or unauthorized intrusion.

      (3)   Not respond list. Following five chargeable false alarms within a twelve- month period, an alarm location may be placed on a list, with the Chief of Police/Fire’s approval, instructing the Police Department not to respond to said alarm only. The Fire Department may respond with only one truck in this situation. Alarm response can be restored following payment of all outstanding citations, an approval of the beat officer or his supervisor.

   (c)   Violations/Penalty.

      (1)   No person shall negligently allow more than one chargeable false alarm within a thirty-day period. A written warning shall be left with a responsible party, or at the alarm location, for the first chargeable false alarm. The second chargeable false alarm within a thirty-day period is a minor misdemeanor. The third, and any additional chargeable false alarms, within a thirty-day period shall be a third degree misdemeanor.

      (2)   After five chargeable false alarms for the same alarm system location within a twelve-month period, the beat officer or Fire Inspector, with approval of his/her supervisor, may submit to the Chief of Police/Fire a request to place the above location on a “not respond list” if the Police/Fire Chief determines that the alarm location is a recurring problem, to wit: public nuisance, the alarm location will be placed on the “not respond list” whereupon police units will not respond to an alarm only, at that location and Fire Department with only one truck.

      (3)   A location that is listed on the “not respond list” can resume normal response following an effort to correct problems with the alarm and an inspection by the beat officer with his recommendation to the Fire/Police Chief. Following all outstanding fines being paid, the Fire/Police Chief may then delete the alarm location from said “not respond list”.

      (4)   Exemptions: All City, County, state, federal and Board of Education properties are exempt from this section.

         (Ord. 03-287. Passed 11-19-03.)