For the purposes of this Article, the following words or phrases
shall have the meanings respectively ascribed to them by this Section:
Any individual, partnership, corporation or other entity
in which the owners or employees engage in the activity of altering,
selling, installing, leasing, maintaining, repairing, replacing, servicing
or responding in any manner to alarm systems.
Any assembly of equipment and devices or a single device
such as a solid state unit which uses electrical energy to signal
the presence of a hazard requiring urgent attention and to which Police
or firemen are expected to respond. In this Article, the term "alarm system" shall include, but not be limited to, the
terms "automatic holdup alarm systems", "burglar
alarm systems", "holdup alarm systems" and "manual holdup alarm systems" as those terms are hereinafter
defined. This definition shall also include non-manually operated
fire alarm systems.
Any 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 communication center of the Police
Department.
Any 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.
Any alarm system in which the signal transmission is initiated
by the action of the robber.
Any alarm system signaling an entry or attempted entry into
the area protected by the system.
Any activation of an alarm system through mechanical failure,
malfunction, improper installation, without an unlawful entry or other
condition which the alarm is designed to detect or through the negligent
or intentional acts of the owner or lessee of an alarm system or of
his/her employees or agents or other causes.
Any alarm system signaling a robbery or attempted robbery.
Any alarm system in which the signal transmission is initiated
by the direct action of the person attacked or by an observer of the
attack.
Any person who buys or leases or otherwise obtains an alarm
signaling system or contracts with or hires an alarm business to monitor
or service the alarm device.
No person shall interconnect any automatic dialing device to
a Police or Fire Department primary trunk line and no person shall
permit such devices to remain interconnected from any property owned
or controlled by that person. Such devices may be interconnected to
a modified central station or an answering service. Relaying messages
received to the Police or Fire Departments shall only be done person
to person on a telephone line designated by the Police Chief. The
Police Chief may approve a direct line installation between a modified
central station or an answering service to the Police or Fire Departments
with full costs to be borne by the person or business operating the
station or service.
The subscriber shall provide the Police Department with the
name and telephone number of the alarm business with whom the subscriber
has contracted to respond to an emergency signal transmitted by the
automatic alarm device. If the subscriber has not contracted with
an alarm business to respond, the subscriber shall provide the Police
Department with the names and telephone numbers of at least two (2)
other persons who have agreed in writing to respond to an emergency
signal transmitted by the automatic alarm device, who can be reached
at any time of the day or night, who are authorized to respond to
an emergency signal and who can open the premises where the device
is installed. If any such person refuses to cooperate with the Police
Department, such refusal shall be a violation of this Section. If
any such person withdraws his/her agreement to cooperate, the subscriber
will at once furnish another person who has consented and meets the
qualifications set forth in this Section.
No alarm system designed to transmit emergency messages directly
to the Police or Fire Department shall be (1) tested or demonstrated
without first notifying the Police or Fire Department dispatcher,
or (2) connected to the Police or Fire Department without express
written consent of the Chief of the appropriate department. No direct
connection of any alarm system designed to monitor an environmental
condition shall be permitted.
When an alarm business service to its subscribers is disrupted
for any reason by the alarm business or the alarm business becomes
aware of such disruption, it shall promptly notify the Police Department
by telephone that protection is no longer being provided.
A.Â
In
determining whether an alarm is a false alarm, all circumstances shall
be considered. Police Officers or fire officials investigating false
alarms shall make a careful check for signs of an occurrence that
had abated before the officer or official's arrival which would have
justified the use of the alarm.
B.Â
Any
false alarm initiated by an alarm system and responded to by the Police
or Fire Department shall constitute a violation of this Article and
shall be punishable by the warning and fine schedule set forth in
this Section. However, a false alarm caused by a person or persons
other than the subscriber or owner or lessee of the alarm system shall
not be charged to the subscriber.
C.Â
The
following fine schedule is established for Police or fire response
to false alarms:
1.Â
After the first (1st) three (3) responses within a ninety (90) day
period: a written warning shall be issued by the Chief of Police or
fire. Such warnings shall include a copy of this Section.
2.Â
The fourth (4th) response within a ninety (90) day period: a minimum
fine of ten dollars ($10.00).
3.Â
The fifth (5th) response within a ninety (90) day period: a minimum
fine of thirty dollars ($30.00).
4.Â
All further responses within a ninety (90) day period: a minimum
fine of seventy-five dollars ($75.00).
D.Â
The
warnings and fines imposed by this Section shall be waived for sixty
(60) days if the Police Chief or Fire Chief is notified within five
(5) working days of the installation of a new alarm system. Any false
alarms initiated by an alarm system within the sixty (60) day period
shall not be counted in determining any warnings or fines accruing
after the sixty (60) day period.
A.Â
The
Police Chief shall require the owner or lessee of any alarm system
directly connected to the Police or Fire Department to disconnect
such device until it is working in such a manner as will not produce
a high frequency of false alarms. The Police Chief may require disconnection
if nine (9) false alarms are received in any ninety (90) day period.
The Police Chief may, after giving notice to the subscriber, order
disconnection of the system for non-cooperation of the subscriber
or for violations of this Article.
B.Â
A
disconnection order shall be lifted if, after review of the alarm
system and its operation, the Police Chief is satisfied that the fault
has been corrected.
C.Â
If
the Police Chief does not feel that the fault has been corrected and
refuses to lift the suspension, the subscriber may submit a written
appeal to the Police Chief who shall organize a meeting of the Appeals
Board and the subscriber within seven (7) days of the postmarked date
of the appeal letter. The Appeals Board shall determine whether the
alarm system should be reconnected or whether the disconnection shall
be continued until further evidence is presented to the Police Chief
that the fault has been corrected.
D.Â
The
Police Chief shall appoint the Appeals Board consisting of one (1)
subscriber, one (1) member of the Fire Department and one (1) other
resident of the City.
E.Â
On
the date of the reconnection of the alarm system, the false alarm
count shall revert to zero.
Each alarm business which installs or services an alarm system
shall clearly instruct the subscriber in the proper use and operation
of the alarm system, as frequently as necessary, especially in those
factors which can cause false alarms.
A.Â
A
subscriber shall maintain any alarm system in good working order,
providing the necessary service to prevent false alarms, to prevent
malfunctions endangering persons or property and to prevent other
malfunctions.
B.Â
A
subscriber shall cause any alarm system to be inspected regularly,
by a representative of the alarm business with a service contract
or other person qualified to inspect and service such equipment, at
least once every twelve (12) months. Inspections shall be complete
enough to detect any likely malfunctions and may include testing of
the equipment. Particular attention shall be paid to the conditions
that have the potential of causing false alarms. The person making
the inspection shall make available a written report to the subscriber
and the report shall be kept for twelve (12) months and shall be made
available on request during regular business hours to the Police Department
or the Fire Department.
C.Â
The
subscriber shall be responsible for maintaining the alarm system and
he/she shall look to the report of the inspector for guidance but
shall not limit his/her maintenance effort to matters on the report
of the inspector.