[R.O. 2009 §18-1; Ord. No. 3010 §1, 5-15-1989; Ord. No. 3015 §1, 6-19-1989]
A. False Alarm Defined. "False alarm" shall
be any emergency alarm intentionally, negligently, inadvertently or
unintentionally activated to which a City emergency vehicle or member
of the Police or Fire Department responds, including alarms activated
by the malfunction of the alarm equipment, wherein an emergency situation
does not exist, with the exception of alarms resulting from one (1)
of the following causes:
1. Malfunction of the indicator or equipment in the Police or Fire Department;
2. Testing or repair of telephone equipment or lines;
3. An act of God, such as earthquakes, floods, windstorms, thunder or
lightning;
4. Attempted illegal entry, of which there is visible evidence;
5. Fire causing structural damage to the protected premises, verified
by the Fire Chief.
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In determining the existence and cause of false alarms, a decision
shall be made in favor of the owners or operators of and parties responsible
for the alarm system if reasonable doubt exists as to the cause of
the alarm. Such decision shall be made by the City Clerk/Administrator
after consultation with the Chief of Police and the Fire Chief.
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B. Response Costs. The owners and operators of and parties
responsible for an emergency alarm system shall be jointly and severally
responsible to the City for the costs of the City's response for each
false alarm transmitted by such system in excess of one (1) during
any one (1) year period. Such response costs shall be ten dollars
($10.00) for the second (2nd) false alarm during such one (1) year
period and twenty-five dollars ($25.00) for the third (3rd) and each
successive false alarm during such one (1) year period. If the City
Clerk/Administrator is satisfied that the alarm in question is at
least the second (2nd) such occurrence in a one (1) year period, then
the City Clerk/Administrator shall bill the alarm owners, operators
and responsible parties for the response costs, which shall be due
and payable within thirty (30) days of the date of the bill from the
City Clerk/Administrator. The Police or Fire Chief may waive payment
for the response costs for good cause.
C. Violation — Penalty. Any owner, operator or responsible
party who shall fail to pay any false alarm response cost when due
is deemed guilty of an ordinance violation and, upon conviction thereof,
shall be punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment for a period not to exceed ninety (90)
days, or both such fine and imprisonment. Any person who shall intentionally
cause a false fire or Police alarm is deemed guilty of an ordinance
violation and, upon conviction thereof, shall be punishable by a fine
of not more than one thousand dollars ($1,000.00) or by imprisonment
for a period not to exceed ninety (90) days, or both such fine and
imprisonment.
D. Defense. It shall be a defense to any charge under this
Section that a person intentionally triggered an emergency alarm while
acting under a sincere belief that a need existed to summon the Police
or Fire Department. Such defense shall be affirmative in nature and
must be proven by a preponderance of the evidence.
E. Definitions. The terms "owner", "operator" and "responsible party" with
regard to an emergency alarm system shall include, without limitation,
owners, lessees or residents of a residential property; with regard
to other than residential property, shall include owners, lessees,
supervisory employees and managers. If an owner or lessee of any residential
or non-residential property is a partnership, corporation or unincorporated
association, then all partners of any such partnership, all officers
or statutory trustees of any such corporations and all members of
any such unincorporated associations shall be deemed to be owners,
operators or responsible parties of such emergency alarm.
Ownership of a property, for purposes of this Section, shall
be as shown on any of the City's records or as shown by any current
telephone directory.
F. Direct Dialing Alarm Systems Prohibited. It shall be unlawful
for any person to install or operate any emergency alarm system which
terminates within the Police or Fire Department by way of any direct
dialing device. Any person violating this Section shall be deemed
guilty of an ordinance violation and, upon conviction thereof, shall
be punished by a fine of not more than one thousand dollars ($1,000.00)
or by imprisonment for a period not to exceed ninety (90) days, or
both such fine and imprisonment.
G. Audible Alarms. No person shall install or use an audible
burglar or fire alarm which is equipped with an exterior sound-producing
device, such as a gong, buzzer, siren, bell or horn, unless the same
shall be equipped with a fifteen (15) minute timer to limit the duration
of the audible alarm.