[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:
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.
The occupant of the premises which is protected by the alarm
system.
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.
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.
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.
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.
Any person who installs, services, monitors, sells or leases
any security alarm system.
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.
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.
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);
C.
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.
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.
Any person who installs, sells, leases or utilizes an alarm
system in violation of this article shall be guilty of a Class 4 misdemeanor.
