[Ord. 69-1984, 85 § 1, passed 5-13-1985]
Council, finding that there has been a proliferation of installation
and use of commercial and residential automatic burglar and robbery
alarm systems within the City, that a substantial increase in the
number of false alarms being reported from these systems has required
police response, and that the unregulated use of such alarm systems
poses a substantial threat to the orderly and effective provision
of emergency services by the Bureau of Police, hereby declares it
to be necessary to provide for the greater control and more effective
regulation of alarm systems, alarm businesses and users.
[Ord. 69-1984, 85 § 2, passed 5-13-1985]
Activation of an alarm system through mechanical failure,
malfunction, improper installation or negligence of the alarm user
or of his family, employees, agents, guests or invitees, or the intentional
activation of the alarm system under circumstances where the physical
security of the premises or safety of the activator or other persons
upon the premises is not threatened, which is responded to by the
Bureau of Police. Such terminology does not include alarms caused
by hurricanes, tornadoes, earthquakes, lightning or other extreme
weather conditions and causes, except those specifically set forth
above, which are beyond the control of the alarm user.
Alarms commonly referred to as "burglar alarms" and "hold-up
alarms".
[Ord. 24-1996, 97, passed 11-24-1997]
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department in a manner to be prescribed
by rules and regulations of the Police Department. Additionally, in
the case of false alarms the Chief of Police or his designee shall
cause an investigation to be made and keep a record of such false
alarms on file. For such false alarms, the following penalties are
prescribed:
(a)
For the first through third alarm in a given calendar year, a warning
shall be issued. For the first false alarm in any given calendar year,
the Chief of Police or his designee shall notify the person occupying
the premises upon which the alarm system is located that a false alarm
has been received and shall give such person a copy of this article.
For the third false alarm received in the same calendar year the Chief
of Police or his designee shall notify the person occupying the premises
upon which the alarm system is located that a third false alarm has
been received, and that any further false alarms during the same calendar
year will result in penalties as set forth in this article.
(b)
For the fourth and fifth false alarms in the same calendar year,
an administrative fee of $50 each payable to the City shall be imposed.
The administrative fee hereby imposed shall be payable in lieu of
a fine hereinafter imposed by this article.
(c)
For the sixth through tenth false alarms in the same calendar year,
an administrative fee of $75 each payable to the City shall be imposed.
The administrative fee hereby imposed shall be payable in lieu of
a fine hereinafter imposed by this article.
(d)
For the eleventh and subsequent false alarms in the same calendar
year, an administrative fee of $100 each payable to the City shall
be imposed. The administrative fee hereby imposed shall be payable
in lieu of a fine hereinafter imposed by this article.
[Ord. 69-1984, 85 § 4, passed 5-13-1985]
No alarm charge shall be assessed to the alarm subscriber if
after the alarm was activated, and before police arrive at the alarm
location, the subscriber contacts and verifies with the proper security
codes the Police Department.
[Ord. 69-1984, 85 § 5, passed 5-13-1985]
Local alarm systems shall be equipped with a timing mechanism
that shall disengage the audible and/or visual alarm after a maximum
period of 30 minutes. Audible alarms without such a timing mechanism,
other than fire alarms, shall be unlawful in the City and shall be
disconnected by the user within 60 days from the effective date of
this article.
[Ord. 69-1984, 85 § 6, passed 5-13-1985]
Every premise upon which an alarm system is installed shall
be subject to inspection at reasonable times by authorized personnel
of the Bureau of Police. Such inspection to be limited to such areas
as are necessary to inspect the installation and operation of the
alarm system.
[Ord. 69-1984, 85 § 7, passed 5-13-1985]
Following notice by the Chief of Police or his designee that
a false police or fire alarm constitutes a public nuisance, the owner
of such system may file an affidavit with the Chief of Police or his
designee as appropriate indicating under oath that the false alarms
previously caused by such system were caused by an unknown mechanical
or other defect within the system, not to include improper use. Such
owner may verify and shall include a statement by competent workmen
or repairmen in the field that such system was defective and such
deficiency has been corrected. Upon the filing of such affidavit with
appropriate exhibits, the false alarm history concerning the premises
shall be considered void and of no legal effect.
[Ord. 69-1984, 85 § 8, passed 5-13-1985]
Where false alarms have originated from negligent use or a combination of negligent use and a defective system, in order to terminate the finding that the system is a public nuisance, the owner shall comply with the provisions of Section 751.07, and in addition file an affidavit explaining the steps taken to correct the negligent use which resulted in false alarms. Upon acceptance of such affidavits by the Chief of Police or his designee, the declaration of the alarm system as a public nuisance shall be considered void and of no legal effect.
[Ord. 69-1984, 85 § 9, passed 5-13-1985]
All outdoor audible alarms that are activated falsely shall
be subject to the same conditions applicable to direct-line radio
or other electronic calls that result in false alarms.
[Ord. 69-1984, 85 § 10, passed 5-13-1985]
Any alarm system whereby police officers or fire fighters are
directly dispatched as a result of an alarm which automatically signals
or calls the Police Department or EMA control or any other agency
handling the system, or any other audible signal, once declared to
be a nuisance, shall require the prior consent of the Chief of Police
or his designee before it may be utilized.
[Ord. 69-1984, 85 § 11, passed 5-13-1985]
Automatic dialing devices shall be discontinued within 90 days
after the effective date of this article. All automatic dialing devices
that have been programmed to automatically transmit a request for
emergency response directly to the communications center or any other
Bureau of Police telephone number shall be disconnected.
[Ord. 69-1984, 85 § 12, passed 5-13-1985]
The use of police alarms, whether audible or direct-line type,
is expressly permitted subject to the following conditions:
(a)
Direct-line radio or other electronic police or fire alarms shall
be installed by competent workmen so that such devices shall not emit
false alarms.
(b)
Any alarm system that produces false alarms shall constitute a public
nuisance if such system activates more than five false alarms in any
thirty-day period, or 15 false alarms in any ninety-day period. Any
subsequent alarm after this time period shall result in the subscriber's
alarm being declared a public nuisance by the Chief of Police or his
designee.
[Ord. 69-1984, 85 § 13, passed 5-13-1985]
No owner of property or persons in charge of real property shall
use or permit to be used any burglar alarm that has previously been
declared a public nuisance as provided herein. If any false alarms
shall be given by such system following the date of receipt of notice
as set forth herein, the false alarm shall be unlawful and constitute
a violation of this article.
[Ord. 69-1984, 85 § 14, passed 5-13-1985]
Notice as required by this article shall be given by the Chief
of Police or his designee by mailing a certified letter with return
receipt requested, or by personal service of such notice by handing
a copy of the same to the owner of the subject property or to an adult
representative thereof. If service is made in person, the Chief of
Police or his designee shall file a proof of service which shall be
under oath, and which shall designate the person upon whom service
was made. For the purpose of this article, the owner of real estate
on which an alarm system is placed and used shall be considered the
owner and the person responsible for its proper maintenance and use.
In addition to any penalty provided herein, upon notifying the owner
that the police or fire alarm system constitutes a public nuisance,
the Chief of Police or his designee shall also notify the Police Department,
Emergency Management Agency, and any other agency handling the system,
that the system has been declared a public nuisance and that the system
should be disconnected and no longer used.
[Ord. 24-1996, 97 § 1, passed 11-24-1997]
Any person connecting a commercial or residential police alarm
to the City of Lebanon Police Department shall pay a fee of $90 per
circuit. Beginning the second year, an annual service charge in the
amount of $100 shall be assessed.
[Ord. 69-1984, 85 § 16, passed 5-13-1985]
Whoever violates the terms of this article, or fails to pay
the administrative fee for false alarms in excess of six in the same
calendar year shall, be fined not more than $300 or imprisoned not
more than 90 days, or both, plus administrative fees.
