[HISTORY: Adopted by the Town Council of the Town of Louisa as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-2008]
A. 
The purpose of this article is to reduce the number of false alarms and thereby protect the public safety by minimizing unnecessary use of the Town's limited law enforcement resources.
B. 
This article governs burglary and robbery alarm systems, establishes service fees and provides a system of administration.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALARM SYSTEM
Any device or system which transmits a signal visibly, audibly, electronically, mechanically or by any combination of these methods which indicates a hazard or occurrence requiring urgent attention and to which police are expected to respond. "Alarm system" shall not include a personal, direct telephonic call requesting emergency services from a person at the premises in question.
ALARM USER and USER
The occupant of the premises which is protected by the alarm system.
ANSWERING SERVICE
A telephone answering service providing among its services the service of receiving, on a continuous basis, through trained employees, emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the communications office of the County Sheriff's Department, the Town Police Department or the Louisa Town Hall.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit, by voice message or code signal, an emergency message indicating a need for emergency response.
FALSE ALARM
Any alarm signal communicated to the communications office of the County Sheriff's Department which is not reasonably believed to be in response to actual or threatened felonious criminal activity. False alarms include negligently activated signals; signals which are the result of faulty, malfunctioning or improperly installed or maintained equipment; and signals which are purposely activated to summons the police personnel in nonemergency situations. False alarms shall not include signals activated by unusually severe weather conditions or other causes which are identified by the Sheriff or the Town of Louisa Police Chief to be beyond the control of the user.
INDIRECT ALARM TRANSMITTAL
Any security alarm system which does not directly terminate in the communications office of the County Sheriff's Department but which causes a third party or answering service to notify the communications office of the alarm activation.
INSTALLER
Any person who installs, services, monitors, sells or leases any security alarm system.
INTERCONNECT
To connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
NEGLIGENTLY ACTIVATED
The doing of an act where ordinary care suggests that the act should not have been done at all or that it should have been done in some other way.
NONEMERGENCY
Any activation of an alarm resulting in a response by the Sheriff's Department or Town Police Department other than that purpose for which the system was designed, installed and approved by the Sheriff or Chief of Police.
It shall be unlawful for any person to install, sell, lease or use, or cause or allow to be installed, sold, leased or used, within the jurisdictional boundaries of the Town of Louisa, automatic telephone dialing devices or systems which are set or programmed to directly dial, actuate, call or in any other manner make direct contact with any telephone line or radio circuit of the communications office of the County Sheriff's Department or the Town Police Department without the prior approval of the Sheriff and/or the Chief of Police as appropriate.
Upon installing a security alarm system, all users shall, on a form provided for that purpose, furnish the Town of Louisa Police Department and the communications office of the Sheriff's Department with the following information:
A. 
Name and location of alarmed premises;
B. 
Type of alarmed premises (residential or commercial);
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Normal operating hours, if commercial;
D. 
Individuals designated by the user to respond when notified;
E. 
Manufacturer, model and type of alarm system;
F. 
Name, address and telephone number of the service company;
G. 
Zone of alarm, if applicable; and
H. 
Other applicable information.
It shall be the responsibility of security alarm users to instruct employees or others who may have occasion to activate an alarm that alarm systems are to be activated only in emergency situations to summon an immediate response in the Sheriff's Office or Town Police Department. Alarm users shall also instruct appropriate employees as to the operation of the alarm system, including setting, activation and resetting of the alarm. All instructions pertaining to alarm systems and procedures shall be in written form, suitable for distribution to employees, and shall be available for inspection at reasonable times by representatives of the Sheriff's Department and the Town Police Department. The user shall be responsible for maintaining the security system in proper working order.
A. 
It shall be unlawful for any person to deliberately and without just cause activate an alarm system to summon the Sheriff's Department or the Town Police Department in a nonemergency situation.
B. 
Nothing contained in this section shall apply to the periodic testing of direct transmittal alarms when sufficient notice is given to the communications office of the Sheriff's Department and the Town Police Department.
A. 
Schedule of fees. Fees in the following amounts shall be assessed against alarm system users for false alarms resulting in response by Sheriff's Office and/or Town police personnel occurring during any period of 180 successive days. Alarm system users shall pay such service fees for false alarms within 30 days of billing. Fees for response by the Town Police Department are as listed below and are in addition to the fees charged by the Sheriff's Office.
(1) 
First false alarm: no charge.
(2) 
Second false alarm: no charge.
(3) 
Third false alarm: $100.
(4) 
Fourth false alarm: $250.
(5) 
Fifth and each subsequent false alarm: $500.
B. 
Notification and appeal. The property owner or business owner shall be notified, in writing, of each false alarm counted for the purpose of assessing the fees set forth above. If the property owner disagrees with the determination that a false alarm has occurred, he shall appeal such determination to the Chief of Police within 21 days of receipt of the notice. If the Chief of Police upholds the original determination and the property owner believes the determination is in error, he may appeal the determination, by letter to the Town Manager. The determination of the Town Manager shall be final.
C. 
Ceasing service. The seventh false alarm originating from any premises within a one-hundred-eighty-day period will result in the alarm user being notified by the Sheriff and or the Chief of Police that all emergency response by the Sheriff's Department and/or the Town Police Department, based on alarm activation, shall cease upon receipt of the written notice.
D. 
Reinstatement of service. Any service which has been discontinued shall not be reinstated until it has been inspected by an alarm company licensed to do business in the commonwealth, which shall certify that the system has been repaired and is now found to be in a reliable status. If the false alarm occurred through human negligence rather than mechanical failure, reinstatement shall not be permitted until the user, its employees and all others having access to the system have completed a training program satisfactory to the Sheriff and Chief of Police. The inspection, repair and recertification of any alarm system shall be accomplished at the alarm user's expense.
The service fees of this article shall not be applied to any alarm system used, operated or installed in any premises or place owned, leased, occupied or under the control of the United States government, the commonwealth or any of its political subdivisions, nor to Louisa County or its school board, the Town of Louisa or any officer, agent or employee of such governmental agencies while acting or employed in their official capacity. All other requirements, including termination of service, shall apply.
The Chief of Police shall certify to the Treasurer the name of the user, the address from which alarms subject to penalty emanated and the amount due the Town on the last day of each month. The Treasurer shall cause billing to be sent and shall in turn notify the Chief of Police when any account is more than 30 days in arrears. Any account more than 30 days in arrears shall be subjected to interest at the legal rate provided by the Code of Virginia, commencing when the account is more than 30 days in arrears.