[Ord. No. 16-15 § 215.010, 4-26-2016]
The purpose of this Chapter is to provide minimum standards
and regulations applicable to emergency alarm systems, alarm businesses
and alarm users as defined in this Chapter. Further, to provide penalties
for non-compliance and to encourage the proper and error-free installation
and operation of protective alarm systems in all dwellings and commercial
structures in the City of Fredericktown.
[Ord. No. 16-15 § 215.020, 4-26-2016]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Subsection, except
where the context clearly indicates a different meaning:
ALARM BUSINESS
Any business operated by a person or entity who engages in
the activity of altering, installing, leasing, maintaining, moving,
monitoring, repairing, replacing, selling, servicing, or responding
to an emergency alarm system, or which causes any of these activities
to take place.
ALARM SYSTEM
An assembly of equipment (or a single device, such as a solid
state unit which plugs directly into a one-hundred-ten-volt AC line)
arranged to signal the presence of a hazard requiring urgent attention
and to which the Police or Fire Department is expected to respond.
ALARM USER
Any person, firm or legal entity that is lawfully in possession
of any property or premises where an alarm system is maintained within
the City, except for alarm systems on motor vehicles or proprietary
systems. If, however, an alarm system on a motor vehicle is connected
with an alarm system at a premises (other than a proprietary system)
the person using such system is an alarm user.
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 911 dispatching center.
AUTOMATIC DIALING DEVICE
An alarm system which automatically sends over regular telephone
lines, by direct connection or otherwise, a prerecorded voice message
or coded signal indicating the existence of the emergency situation
that the alarm system is designed to detect.
FALSE ALARM
1.
The activation of an alarm system to which the Fredericktown
Police Department or Fire Department is summoned to respond when no
actual burglary, robbery, fire or other emergency exists. A false
alarm shall also mean an emergency alarm which is actuated by inadvertence,
negligence, mistake, equipment malfunction, error or any other unintentional
act. Intentionally activating an alarm for any purpose other than
to summon emergency assistance will be considered a false alarm.
2.
The following shall not be considered false alarms:
a.
Alarms caused by the testing or repair of telephone
equipment or lines by telephone company employees.
b.
Alarms caused by electrical power outages.
c.
Alarms caused by an act of God, such as adverse weather
conditions, earthquakes, floods, windstorms, thunder or lightening.
d.
Alarms caused by an attempted illegal entry of which
there is physical or other evidence.
e.
Alarms intentionally caused by the resident acting
under a sincere belief that a need exists to call the Police Department
or other public safety agency.
f.
Vandalism resulting in physical damage to the premises.
g.
Alarms promptly followed by a call to the 911 dispatching
center using established procedure, canceling the alarm prior to the
arrival of the Police Department or other public safety agency.
LOCAL ALARM SYSTEM
A signaling system which when activated causes an audible
and/or visual signaling device to be activated in or on the premises
within which the system is installed.
PROPRIETARY SYSTEM
An alarm system sounding and/or recording supervisor signals
to a control center being under the supervision of the proprietor
of the premises. If a proprietary system includes a signal line connected
directly or by means of an automatic dialing device to a central alarm
station or answering service, it thereby becomes an alarm system as
defined in this Section.
[Ord. No. 16-15 § 215.030, 4-26-2016]
A. No person(s), firm, corporation or governmental entity,
either as principal officer, agent, servant or employee, shall possess
or operate an alarm system after the effective date of this Chapter
which is designed to elicit, either directly or indirectly, a response
by Police and/or Fire personnel without first registering such system
with City Hall. Such registration shall be renewable annually for
each successive permit/license year such system is possessed or operated;
provided, however, a permit shall not be required to operate local
alarm systems affixed to motor vehicles.
B. No fee shall be charged for the annual registration.
C. All persons using an alarm system installed prior to the
effective date of this Chapter shall register with City Hall not later
than thirty (30) days after the effective date of this Chapter authorizing
the continued use of the alarm system.
D. No registrations shall be issued for a new installation
until work required by the Building Code required by the City has
been completed and final inspections have been made and the work approved
by the City Building Inspector.
E. The owners, lessees and occupants of each building or portion
of a building protected by an alarm system shall provide the following
information to the City:
1.
The address and telephone number of the building
in which the alarm is installed.
2.
The name, address and telephone number of the
property owner, lessee and any other person who controls access to
the premises.
3.
For premises other than private residences installing
police or fire alarms, the names, addresses and telephone numbers
of three (3) responsible persons having access to the property who
can respond to the location of an alarm within thirty (30) minutes
after notice to assist the responding agencies.
4.
For private residences, the names, addresses and
telephone numbers of two (2) responsible persons having access to
the property who can respond to the location of an alarm within thirty
(30) minutes after notice to assist the responding agencies.
5.
Date the alarm system was installed.
6.
Description of the alarm system, including whether
it is equipped to cease emitting an audible alarm sound within fifteen
(15) minutes of activation for property located within an area zoned
residential and within thirty (30) minutes of activation for property
located within all other areas not zoned residential and not within
five hundred (500) feet of an area zoned residential.
7.
Any other information required by the Police or
Fire Department to facilitate compliance with this Chapter.
F. Each person required to provide information under Subsection
(E) shall notify the City and the 911 dispatching center of any changes in the information provided under Subsection
(E) within seven (7) days of the change.
G. When the possession of the premises at which an alarm system
is maintained is transferred, the person(s) obtaining possession of
the property shall file an application for an alarm registration within
thirty (30) days of obtaining possession of the property.
H. Alarm user registration applications shall be confidential
and shall be inaccessible to the general public and all persons other
than the alarm user, the courts, law enforcement agencies and persons
authorized with the administration and enforcement of this Chapter.
I. An alarm user which is a governmental political unit shall
not be subject to the imposition of any assessment as provided herein,
but they must register.
J. It is in the best interest of safety and efficient service for the alarmed premises to provide address numbers which are clearly visible from a distance of one hundred (100) feet or more (see International Property Maintenance Code, adopted by Code Section
500.010, Street Address Numbers Required). The address numbers shall be posted to the left, right or overhead to the main entrance of the building, structure or facility, and if such building, structure or facility is on a corner lot, address numbers shall face the street named in the official address as designated by the United States Postal Service.
[Ord. No. 16-15 § 215.040, 4-26-2016]
All emergency alarm systems equipped with any exterior sound-producing
device including, but not limited to, gongs, buzzers, sirens, bells
or horns shall be equipped with a time device which limits the operation
of such exterior sound-producing device to fifteen (15) minutes, except
that commercial installations shall be allowed thirty (30) minutes.
[Ord. No. 16-15 § 215.050, 4-26-2016]
A. Any person using an alarm system which reports or causes
to report three (3) or more false fire alarms within a twelve-month
period is in violation of this Chapter and is subject to an administrative
fee not to exceed the following:
|
Offense
|
False Alarms
|
Administrative Fee
|
---|
|
1st
|
3
|
$35.00
|
|
2nd
|
4
|
$50.00
|
|
3rd
|
5
|
$100.00
|
|
4th
|
6
|
$175.00
|
|
5th
|
7
|
$200.00
|
|
Subsequent offenses
|
8 or more
|
$225.00
|
B. When the alarm business has caused an alarm activation
through mechanical failure, malfunction, improper installation, improper
adjustment, negligence of a person or an alarm signal transmitted
in the absence of an alarm condition, except when initiated by an
act of God, it shall be considered a violation of this Chapter. The
alarm user shall be responsible and the assessment shall be as indicated
in this Section.
C. Any person, firm, corporation or other entity that fails to pay within thirty (30) days any assessment levied under Subsection
(A) hereinabove shall be in violation of this Chapter.
[Ord. No. 16-15 § 215.060, 4-26-2016]
A. An alarm user shall be notified, in writing, of each false fire alarm determination over the limit allowed in a twelve-month period under Section
235.050.
B. The Fire Chief, or his/her designee, shall, when requested
by an alarm user, review the determination that a fire alarm was false.
Such review may be done only if the alarm user requests in writing
such a review within fifteen (15) days of the date of the mailing
or other delivery of the notice of false fire alarm determination.
C. The request for a determination shall include at least
the following information:
2.
Address at which the alarm is installed;
3.
Date of alarm being contested;
4.
Facts upon which the request for determination
is made.
D. A prima facie case that a false fire alarm has occurred at a given street address shall be established by an incident report indicating that the Fire Department responded to the alarm and found no indication that a fire or fire-related emergency occurred. The alarm user shall then bear the burden of proof that the alarm was necessary or that it falls within a false alarm exception stated in Section
235.020.
[Ord. No. 16-15 § 215.070, 4-26-2016]
A. It shall be unlawful for an owner, lessee or person in
charge of any property protected by an alarm system to fail to prevent
an alarm system from generating more than three (3) false alarms in
any thirty-day period or more than twelve (12) false alarms in any
three-hundred-sixty-five-day period. Each false alarm in excess of
three (3) in any thirty-day period shall be deemed a separate offense.
Automatic teller machines located on bank premises shall be considered
along with the bank to be one (1) location.
B. It shall be an affirmative defense to a charge brought under this Section that the person charged has paid the administrative fee for the false fire alarm under Section
235.050.
[Ord. No. 16-15 § 215.080, 4-26-2016]
A. Each day of a violation of any provision of this Chapter
shall constitute a separate violation.
B. Violations of this Chapter shall be subject to the general punishment set out in Section
100.220, but in no event shall the fine be less than one hundred dollars ($100.00).