This article is intended to protect the health, safety and welfare of the people of the Town of Pine Ridge by minimizing the misuse of law enforcement, fire, rescue and emergency medical service resources caused by false alarms and telephone alarm devises, thereby allowing these resources to be accessible and available in the event these resources are needed by members of the community.
[Added 9-10-2013 by Ord. No. 2013-07]
Unless it is clear from the context that another meaning is intended, the following words when used in this article shall have the meanings attributed to them by this section:
A business for which any individual, partnership, corporation or other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing or monitoring any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, installed or monitored, any alarm system in or on any building, structure or facility either privately or publicly owned.
Any business as that has the responsibility of monitoring alarm systems.
A permit issued by the Town allowing the operation of an alarm system within the Town.
A fire or security alarm system.
Any person who inspects, installs, repairs or performs maintenance on alarm systems.
An alarm system which automatically sends a prerecorded voice message or coded signal over a regular telephone line by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect.
To deactivate the alarm system so that notification of an activated alarm does not reach the Town of Pine Ridge or Lexington County Communications Center for the purpose of dispatching a call for service to that activated alarm.
The activation of any security or fire alarm system which results in the response of law enforcement or public safety to the alarm location, caused by mechanical or electronic failure, malfunction, and improper installation of the alarm system, the negligence or intentional misuse of the system by the owner or his or her employees, servants, agents or any other activation not caused by forced entry, attempted forced entry or criminal act. An active alarm is not considered a false alarm if the alarm is activated due to malicious causes beyond the control of the owner, or to acts of God beyond the control of the owner such as lightning strikes or severe weather conditions.
Any mechanical, electrical or radio-controlled device designed to emit a sound or transmit a signal or message when activated or any such device that emits a sound and transmits a signal or message when activated because of smoke, heat or fire. Without limiting the generality to the foregoing, alarm systems shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone direct dial devices or digital alarm communicator systems. A single stations smoke detector shall not be deemed to be an alarm system under this article.
A person or persons designated by the Town of Pine Ridge, to administer, control and review false alarm reduction efforts and administer the provisions of this ordinance.
A person or persons designated in writing by the owner of the alarm system as a holder of keys to the alarm system who is thereby authorized to respond to an activated alarm of the owner.
The Town of Pine Ridge Police Department or Lexington County Sheriff's Department.
Any person who has possession of premises of an owner.
Any person who owns the premises in which an alarm system is installed or the person(s) who lease, operate, occupy or manage the premises.
The department of public safety which includes fire rescue and emergency medical services.
Any mechanical, electrical or radio-controlled device which is designed to be used for the detection of any unauthorized entry into a building, structure or facility, or for altering others of the commission of an unlawful act within a building, structure or facility or both, which emits a sound or transmits a signal or message when activated.
A.
Permit required. No person shall use an alarm system without first obtaining a permit for such alarm system from the Town. Each alarm permit shall be assigned a unique permit number, and the user may be required to provide the permit number along with the address to facilitate law enforcement dispatch.
B.
Application. The permit shall be requested on an application form provided by the Town. An alarm user has the duty to obtain an application form the Town.
C.
Transfer of possession. When the possession of the premises at which an alarm system is maintained is transferred, the person (user) obtaining possession of the property shall file an application for an alarm permit within 30 days of obtaining possession of the property. Alarm permits are not transferable.
D.
Reporting updated information. Whenever the information provided on the alarm permit application changes, the alarm user shall provide correct information to the Town within 30 days of the change. In addition, each year after the issuance of the permit, permit holders will receive from the Town a form requesting updated information. The permit holder shall complete and return this form to the Town when any of the requested information has changed; failure to comply will constitute a violation and may result in a fine of up to $500 plus court assessments.
E.
Multiple alarm systems. If an alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants, a separate permit shall be required for each structure and/or tenant.
A.
Newly installed or substantially modified systems shall be allowed to operate for a period of 30 days from the date of installation or modification without penalty for false alarms, provided the Town of Pine Ridge is notified of the installation or the modification in advance of same.
B.
Owners or lessees of existing alarm systems shall have 30 days from installation or modification to comply with the above notice requirements.
C.
Prior to any testing of any alarm system, the owner or lessees shall notify law enforcement and public safety.
D.
Owners or lessees of any alarm system shall provide response to the alarm location, when requested, in order to reset or disable the alarm system within thirty minutes of notification. Failure to provide such response shall result in a charge of $50 for each occurrence. Repeated failure to provide a response shall result in disconnection of the alarm system and no response from either law enforcement or public safety as further provided herein unless such response is otherwise required by law.
E.
The owner or lessee of every place of business which utilizes an alarm system shall provide, visible from the exterior of such business and adjacent to the main entrance, a minimum of three current working telephone numbers of persons to be notified in case of emergency or in lieu thereof have on file with the alarm monitoring company for the alarm system, three correct working telephone numbers of persons to be notified in a case of emergency.
F.
Maintain the premises and the alarm system in a method that will reduce or eliminate false alarms.
G.
Provide the alarm company the permit number. The number should be provided to the communications center by the alarm company to facilitate dispatch.
A.
All alarm monitoring agencies are required to furnish the responding department with the following information when dispatching or reporting an alarm:
(1)
Give the name of the monitoring agency;
(2)
Give the name or identification number of the reporting operator;
(3)
Give a call back telephone number of the monitoring agency;
(4)
Give the name of business or homeowner and address of the activated alarm;
(5)
If a call has been made to a key holder, the key holder's name and estimated time of arrival; and
(6)
Provide alarm permit number. Any other information that may be necessary or required by the individual responding agencies.
(7)
Communicate a cancellation to the responding department as soon as possible following a determination that response is unnecessary.
B.
It shall be the duty of all alarm businesses to furnish at their expense the most current copy of the Town of Pine Ridge Alarm Ordinance to their existing customers within 60 days of adoption of ordinance and immediately to all new alarm users upon adoption of this chapter.
A.
False alarm fee/failure to register. No fee shall be assessed for the first two false alarms at the same premises responded to by law enforcement or public safety during each calendar year. Thereafter, the following fees shall be paid by the owner for each false alarm at the same premises during such calendar year.
Number of False Alarm | Fee per False Alarm |
|---|---|
Third | $50 |
Fourth | $75 |
Fifth | $100 |
Sixth through ninth | $150 |
Tenth and above | $300 |
Failure to register | $100 |
B.
It is the responsibility of each alarm owner to monitor the occurrences of false alarms on it premises. After the false alarm coordinator has recorded two false alarm occurrences within a calendar year for a given alarm user, the false alarm coordinator shall notify the alarm user, in writing, by first class mail or hand delivery, that additional alarm occurrences will result in the imposition of fees in accordance with the above fee schedule. Failure to receive such notification does not waive or nullify any fees. Such fees will be issued by uniform traffic ticket for all violations of this Town Code by the Pine Ridge Police Department.
C.
Should any fee assessed pursuant to this chapter remain unpaid by the appointed Municipal Court date, the owner shall be found guilty in their absence. Unpaid Town Ordinances may result in the issuance of a bench warrant. The owner shall be responsible for any legal fees or costs incurred by the Town of Pine Ridge in enforcement of this chapter.
D.
If cancellation occurs from the alarm monitoring company when law enforcement/fire personnel has already been dispatched and in route to the scene, this shall be recorded as a false alarm.
A.
Except for premises protected by an alarm system as required by law, the Police Department or public safety is authorized to order the disconnection or deactivation of any alarm system by written notice to the owner of the premises wherein an alarm system is installed for any of the following reasons:
(1)
Failure to make all requirements or pay the fees provided for in this chapter within 120 days of the charging of the fees; or
(2)
A false alarm at a premises for which a fee is charged pursuant to this chapter as a result of the failure of the owner to take corrective action to eliminate the cause of the false alarm; or
(3)
The failure of a person notified pursuant to this chapter to appear within one hour after being notified to respond, if such failure to timely appear occurs four or more times within a calendar year.
B.
The written notice issued by the Pine Ridge Police Department or public safety to disconnect or deactivate shall be mailed to the owner and shall specify the date on which the owner shall be required to disconnect or deactivate the alarm system, which date shall be at least 15 days following the date of the notice. The owner may appeal the order to disconnect pursuant to § 181-27.
C.
The Pine Ridge Police Department may suspend response to any alarm received from a location which has an order to disconnect or deactivate its alarm system as described herein unless there is a separate indication that a crime is in progress.
A.
The Town Administrator or designee will serve as hearing officer for appeals from owners that have been notified to disconnect or deactivate an alarm system. If the Town Administrator elects a designee to serve as hearing officer, that designee shall not be with the Pine Ridge police or public safety departments.
B.
An appeal must be in writing, submitted to the Town Administrator, stating the reasons why the order to disconnect or deactivate should be withdrawn, and shall be made within 15 days of the date of the notice to disconnect or receipt of any false alarm report. The alarm user shall have the burden of proof by preponderance of the evidence.
C.
The hearing officer shall send notice of hearing to the owner within 15 days prior to the appeal hearing and shall make written findings available to the alarm owner, law enforcement or public safety within 10 days from the date the hearing is concluded.
D.
If the hearing officer affirms the order to disconnect or deactivate an alarm system, the owner shall have five days following the mailing or the written decision of the hearing officer within which to comply with the order.
It shall be a violation of this Code for any person to fail to disconnect or deactivate an alarm system which has been ordered disconnected or deactivated pursuant to § 181-27, including those situations in which the hearing officer has affirmed the order to disconnect or deactivate. It shall be a violation of this Code for any person to reconnect an alarm system which has been disconnected or deactivated pursuant to the order of the Town of Pine Ridge police department or public safety, unless the reconnection of the alarm system is authorized pursuant to section nine hereof.
Law enforcement or public safety shall have the right to inspect the alarm system and test same prior to rescinding the order to disconnect or deactivate. Before any reconnection of an alarm system and after the order to disconnect such system, a reconnection fee of $25 shall be assessed.
A.
It shall be a violation of this Code for any person to install, maintain, operate or use any automatic telephone dialing alarm device or digital alarm communicator system within the county if the system requires connection to the emergency communications center for law enforcement or public safety.
B.
It shall be unlawful for any person to install, maintain, operate or use any automatic telephone dialing alarm device or digital alarm communicator system within the county unless the system is currently approved by the Federal Communications Commission (FCC), and has been approved by law enforcement or public safety, unless otherwise required by law.
All new or existing audible sound systems shall sound no longer than 10 minutes for residential and for businesses, unless otherwise required by Underwriter's Laboratories or law.
Any person violating any provision of this ordinance shall be deemed guilty of an offense and shall be subject to a fine of up to $500 plus court assessments. The provisions of this section may be enforced either by prosecution as a misdemeanor through Municipal Court or by any other legal or equitable form of action.
The county, its officers, employees and agents shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately-owned alarm system, those duties and responsibilities being solely those of the owner of the premises.
Additionally, it shall be the responsibility of the owner of the premises to silence an activated alarm and thereafter reset the same. The Town shall not provide, nor make available, the services of its police department or department of public safety to be an emergency communications center for use by owners as a central location for alarm system receiving equipment.