[Ord. No. 150, 10-3-2001]
The purpose of this article is to protect and promote the health,
safety and general welfare of the residents of City by reducing the
number of avoidable alarms of fire, intrusion, or other emergencies
which contribute to ineffective utilization of police and fire emergency
agencies and require emergency responses which are susceptible to
high rates of accident and interfere with genuine emergency responses
and produce unnecessary alarm noise in the surrounding community.
[Ord. No. 150, 10-3-2001]
As used in this article, the following terms shall have the
following meanings:
A device or an assembly of equipment which emits an audible
sound, which is intended to alert persons outside the premises or
to alert emergency agencies by automatically dialing an emergency
agency, or which contacts an alarm company thereby causing the alarm
company to contact an emergency agency or which is directly connected
to any City department.
Any person who owns, leases or uses an alarm system within
the City.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner,
user, custodian or lessee of an alarm system, or of his employees
or agents, or through any other cause which indicates that an emergency
situation exists requiring response by an emergency agency when, in
fact, an emergency situation does not exist. An "avoidable alarm"
also includes the knowing or intentional activation of an alarm when
an emergency situation does not exist. "Avoidable alarm" does not
include alarms activated by violent conditions of nature such as hurricanes,
tornadoes, earthquakes, power failures beyond the alarm user's control,
or any other similar cause beyond the control of the user of the alarm
system. Activation of an alarm system in circumstances under which
the activator reasonably believes that an emergency situation exists
is not an "avoidable alarm." Notwithstanding any language to the contrary,
the defective installation of an alarm system, the failure to repair
or cause to be repaired an alarm system or the use of defective equipment
in connection with an alarm system shall not constitute an extraordinary
circumstance beyond the reasonable control of the alarm user.
The City of Utica.
The City Police Department, Fire Department or other law
enforcement agency or ambulance company (public or private) or other
agency summoned to respond to an emergency situation.
The address which an alarm user designates on the registration
as the address to which notices are to be sent.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
[Ord. No. 150, 10-3-2001]
(a)Â
Required. It shall be unlawful for an alarm user to operate, own
or maintain an alarm system as defined by the terms of this article,
without first registering same as hereunder provided.
(b)Â
Registration shall be made as follows:
(1)Â
Registration shall be on a form to be approved by the City Clerk
which shall contain a description of the device or system of devices
installed or to be installed on the premises as well as a notice address
for the alarm user and such other information as the City Clerk may
require. All registration forms shall contain a minimum of three additional
key holders who may be available to respond in an alarm situation.
The names, addresses and phone numbers of all three shall be included
on the form. If the alarm user is not the owner of the premises for
which the alarm systems is installed, the registration shall also
include a statement of the name and notice address for the owner of
the premises and the relationship between the alarm user and the owner.
Alarm systems existing in premises on the effective date of this article
must be registered within 30 days of the effective date. No such device
may be installed on the premises of the owner or lessee, and no presently
existing alarm system complying with the provisions of this article
shall be modified after the effective date of this article without
first registering same. Such registration need not be made on an annual
basis but shall be made each time a device or system is to be installed
or modified.
(c)Â
Registration shall be made by filing same, together with the registration
fee, at the City Clerk's office.
(d)Â
Confidentiality. The information required on the license application
shall be treated as confidential and shall not be made available to
members of the general public. The City finds that the release of
such information would constitute an unwarranted invasion of personal
privacy and could endanger the life or safety of persons at the premises
where an alarm system is located. The information on a license application
shall be used by the City only for public safety purposes.
[Ord. No. 150, 10-3-2001]
The registration fee shall be $25 due and payable by the alarm
user at the time of registration.
[Ord. No. 150, 10-3-2001]
(a)Â
Each alarm user shall pay to the City a charge for each and every
avoidable alarm to which the City responds, in each calendar year,
as follow:
|
First two avoidable alarms each calendar year
|
No charge
| |
|
Each additional avoidable alarm
|
$50
|
(b)Â
For purposes of the above, alarms requiring a response by the Police
or Fire Department respectively shall be separately considered.
(c)Â
The Chief of Police shall administer the avoidable police alarm program.
The Fire Chief, through the Fire Marshal's office, shall administer
the avoidable fire/EMT alarm program. Each respective department shall
notify the alarm user of any avoidable alarm charges by mail, sent
to the notice address. Within 30 days of such notice the alarm user
may appeal to the City Clerk, or such other person designated by the
Mayor, by showing proof to demonstrate that the alarm was not an avoidable
alarm.
(d)Â
Should the alarm user fail to pay any and all alarm charges within
the 30 days of receipt of notice or receipt of appeal denial, whichever
is later, the appropriate agency, fire or police, shall certify to
the City Comptroller the amount of the penalties; and said penalties
shall become a lien upon the property, to be included in the next
tax bill rendered to the owner plus an administrative fee of $10 unless
paid before, and shall be collected in the same manner as other taxes
against the property.
[Ord. No. 150, 10-3-2001]
(a)Â
No person shall install or maintain an external audible, police alarm
device which does not contain an operational automatic cut off system
which turns off the external audible alarm after a period not to exceed
10 minutes.
(b)Â
For police and fire systems, an automatic dialer connected directly
to an emergency agency shall automatically disconnect and/or terminate
its message after the message has been transmitted a maximum of two
times. Notwithstanding the foregoing, however, the total transmission
time of all messages shall not exceed five minutes.
(c)Â
Failure to comply with the above shall also constitute an avoidable
alarm.
[Ord. No. 150, 10-3-2001]
The alarm user, or his/her designee, shall respond to a police alarm when contacted by the City Police Department within 30 minutes of being contacted. Failure to respond within the prescribed time shall be considered a violation of this article and punishable as provided in Section 2-15-77.
[Ord. No. 150, 10-3-2001]
Any violation of this article shall be subject to the penalties provided for in Section 2-1-7 of this Code.
[Ord. No. 150, 10-3-2001]
The provisions and requirements of this article shall apply
to all persons who are alarm users on the effective date of this article
and to all persons who subsequently become alarm users.
