Fayette False Alarms ordinance (§ 210.060)

A. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

ALARM AGENT: Any person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or causing others to respond to an alarm device.

ALARM BUSINESS: Any business operated by a person or entity who engages in the activity of altering, installing, leasing, maintaining, moving, repairing, replacing, selling, servicing, or responding to an emergency alarm system, or which causes any of these activities to take place.

ALARM SYSTEM: Any mechanical or electrical device which is designed to be activated manually or automatically upon the detection of an unauthorized entry, intrusion, fire, or another emergency in or on any building, structure, facility, or premises through the emission of a sound or transmission of a signal or message.

ALARM USER: Any person who uses an alarm system to protect any building, structure, facility, or premises.

AUDIBLE ALARM: A local alarm located on the building, structure, facility or premises protected and equipped with an exterior sound-producing device, such as a gong, buzzer, siren, bell or horn.

AUTOMATIC DIALING DEVICE: An alarm system which automatically dials a specific telephone number and transmits an emergency message by a recording over regular telephone lines when actuated.

FALSE ALARM: Any activation of an alarm system intentionally, by inadvertence, negligence, unintentional act or malfunction of the alarm system to which the City Police or Fire Department, respond when there is no unauthorized entry, intrusion, fire or emergency; provided that the following shall not be considered false alarms:

a. Alarms caused by an attempted illegal or unauthorized entry of which there is visible or demonstrated evidence.

b. Alarms caused by heat or smoke from a fire.

c. Alarms caused by damage to the alarm system, provided that such incidents are promptly reported to the company providing the means of transmission.

d. Alarms caused by acts over which the user has no control, such as windstorm, thunder, lightning or other similar phenomena.

e. Alarms intentionally caused by a person acting under a reasonable belief that a need exists to summon the Police or Fire Department, for which purpose the alarm was installed. Indiscriminate use of the alarm system to summon the police shall be considered a violation of this Section.

f. Alarms occurring on a repeated basis without apparent cause but where reasonable effort in the judgment of the Police Chief or Fire Chief, or his/her designated representative is being made by the alarm user, business alarm, alarm agent, or another concerned person to correct the malfunction expeditiously.

B. Penalties and Violations. Any person violating any of the provisions of this Chapter or failing to comply with any of the provisions of this Article shall be guilty of an ordinance violation punishable by a fine of not less than fifty dollars ($50.00) per occurrence. A false alarm is declared a violation of this Section; except if there have been no false alarms at the location during the previous three hundred sixty-five (365) days, the false alarm shall not be considered a violation of this Section. Thereafter, the penalty for false alarms shall be as provided.

C. Enforcement. For the purpose of enforcing provisions of this Section, the Police Chief or Fire Chief, or his/her designee shall have the authority, at reasonable times and upon reasonable oral notice, to enter any building, structure, facility or premises in the City in or upon which an alarm system or alarm business is located, to inspect the installation or operation of such alarm system or alarm business. Any alarm user may request written notice of inspection, which shall be made at alarm user's expense by a licensed electrical contractor acceptable to him and to the City. If such inspection reveals any violation of the provision of this Section, the alarm user or alarm business shall be granted thirty (30) days to correct such violation.

D. Non-Liability Of The City. The City shall not be liable for any defects in the operation of signal line systems for any failure or neglect to respond appropriately upon receipt of an alarm from any such source, nor for the failure or neglect of any alarm business or alarm agent.

E. Automatic Dialing Of Police. No person shall install or use an automatic dialing device that is programmed to dial the Police or Fire Department's telephone number.

F. Audible Alarm Cutoff. All alarm systems with an audible alarm shall be equipped with a ten-minute cutoff timer.

G. Alarm Business; Operational Instruction. Any alarm business or alarm agent that sells, leases or installs an alarm system in the City shall furnish the alarm user with written instructions for the operation of the system. The alarm business or alarm agent shall provide training in the operation of the system and, upon request from the alarm user, refresher training. Alarm systems installed after June 1, 2019, shall meet or exceed standards set by American National Standards Institute (ANSI) and/or Underwriters Laboratories, Inc. (UL) for the applicable alarm system.

H. Alarm System Repair Service. Any alarm business or alarm agent that sells, leases or installs an alarm system within the City must offer either directly, or through an agency, repair service for the alarm system to maintain it in proper working order.

I. Alarm User Responsibilities. The alarm user shall be responsible for maintaining the alarm system in good repair to ensure the reliability of operation.