ALARM SYSTEMS AND FALSE ALARMS City of Northport Code of Ordinances
ARTICLE XVI. ALARM SYSTEMS
Sec. 54-500. Definitions.
For purposes of this article, the following words and phrases shall have the meanings ascribed to them below: Alarm business: means the business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility. Alarm system: means any assembly of equipment being mechanical, digital, electrical, computerized or telephonic, or any combination thereof, arranged to signal the occurrence of an illegal entry, attempted illegal entry, fire, smoke, or other activity to a particular structure or premises requiring urgent attention and to which the police and/or fire departments are expected to respond. Alarm user: means any individual or individuals, or any other person, or any business, firm, partnership, corporation, social fraternity or sorority, country club, church, school, civic organization or unincorporated association which owns the building or facility where the alarm system is installed or which rents the building or a room in the building where the alarm system is installed or who is responsible for maintaining the alarm system in the building where the alarm system is installed. Audible alarm: means an alarm system that emits an audible signal that may be heard by persons outside the protected building, structure or facility. Automatic dialing device: means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit a message or signal indicating a need for emergency response. Chief of communications: means the director of the communications center or his designated representative whose duties shall be to promulgate rules and regulations for the implementation of the terms and conditions of this article. Communications center: means the [City of] Northport Police/Fire Department's facility used to receive emergency and general information from the public to be dispatched to law enforcement and fire department personnel. False alarm: means the activation of an alarm system when a situation requiring police or fire response does not actually exist. Such activation may be caused by malfunction or failure of the burglar alarm equipment, error, and/or negligence by the alarm user or his agents or employees, improper alarm installation or error on the part of alarm business agent or employee. Exceptions: Alarm resulting from the following conditions shall not be construed as false alarms: (1) Violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user; or (2) Lightning bolt, causing physical damage to the protected premises; or (3) Telephone line malfunction verified in writing to the City of Northport by at least a first line telephone company supervisor or by municipal personnel at the scene of an alarm; or (4) Notification of the communications desk by the alarm business agent or employee before a unit is dispatched to investigate that the alarm does not require a response; or (5) An alarm caused by a resident of the premises or other person who has pulled an alarm lever. (Ord. No. 1423, § 1, 2-18-02; Ord. No. 1540, § 1, 1-24-05)
Sec. 54-501. Instructions to be furnished.
(a) Every alarm business selling, leasing or furnishing to any alarm user an alarm system which is installed on the premises located in the area subject to this article shall furnish the alarm user with instructions to enable the alarm user to operate the alarm system properly and to obtain service for the alarm system at any time from alarm business. (b) Each alarm user shall instruct all employees in the use of the alarm system and shall enable each of its employees to operate the alarm system properly at any time. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-502. Automatic dialing services prohibited.
It shall be unlawful for any alarm user to connect an automatic dialing device to any communication trunk line received at the city's police/fire department communications center. It shall further be unlawful for any person to program an automatic dialing device to select any trunk line received at the city's police/fire department communications center and it is unlawful for an alarm user to program, reprogram or connect an automatic dialing device to select a trunk line received at the city's police/firedepartment communications center. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-503. Audible alarms.
All alarm systems that emit audible signals that may be heard outside the protected building, structure or facility shall conform to the following requirements: (1) Audible alarms shall not emit a sound substantially similar to that of an emergency siren as exemplified by the "wail" mode on sirens manufactured in 1985 by either the Whelen Engineering Company or Federal Sign and Signal Company, in the judgment of the chief of communications. A siren or audible alarm emitting the "hilo" mode or "yelp" mode as exemplified on sirens manufactured by the aforementioned firms is permissible. (2) Audible alarms shall have conspicuously affixed on or adjacent to the alarm housing on the exterior of the protected building, structure or facility, the name and telephone number of the alarm business or the name and telephone number of the alarm user and two persons who are responsible for control of the premises, and capable of controlling the alarm system. (3) Audible alarms shall automatically discontinue emitting an audible sound within 15 minutes. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-504. Permits.
(a) Alarm businesses are required to obtain an alarm permit on behalf of the alarm user before placing a burglar or fire alarm in service or when a takeover occurs. (b) Alarm businesses are required to maintain a current alarm permit on behalf of the alarm user if the alarm business monitors this system for alarms. However, it is the responsibility of the alarm user to insure a current permit is maintained. (c) After receiving one alarm call to a premises without an alarm permit, the police/fire administrator will notify in writing both the alarm user and the alarm business that a permit must be obtained within 30 days. If a second or subsequent alarm call is received by the communications desk, after the 30 day period, and a permit has not been obtained, the alarm user will be in violation of this article. Until a permit is obtained, each alarm thereafter will be considered a separate violation of this article. (d) Burglar and fire alarm permits are non-transferable. (e) Burglar alarm and fire alarm permits are valid for one year from the date of issuance and must be renewed at which time a new permit will be issued. (f) Burglar alarm permits will be issued by the police administrator for a fee set by the police administrator not to exceed $10.00. Fire alarm permits will be issued by the fire department administrator for a fee set by the fire department administrator not to exceed $10.00. (g) Only one permit per year may be issued per premises unless a takeover occurs. (h) Burglar and fire alarm permits must be renewed in the month of expiration. Renewals made more than 30 days after alarm permit expiration will be considered a violation of this article. (i) Landlords of property which have apartment-provided burglar alarms are required to notify the alarm business of takeovers. The alarm business shall then obtain the required burglar/fire alarm permit. However, it is the responsibility of the current landlord to insure a current permit is maintained. (j) Burglar/fire alarm permits are not required for alarm users who have their alarm responded to by agencies other than the city police and fire departments. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-505. Alarm businesses.
(a) Each alarm businesses will employ agents or employees that possess the needed skills and abilities to perform the duties required. These duties are to include the proper instruction to allow the alarm user to use the alarm system properly, and obtain service for the alarm at any time. (b) Each alarm business will maintain a current list of at least three people that can be notified for the alarm user in the event of an alarm activation. (c) Alarm businesses are prohibited from using an automatic telephone dialing device or digital alarm communicator to notify the communications desk of an alarm. (d) Alarm businesses are prohibited from selling or otherwise transferring alarm users maintenance or monitoring contracts or agreements to another alarm business without first insuring the purchasing or assuming alarm business has obtained the required alarm permit and otherwise meets the requirements of this article. (e) The alarm business will set all available alarms to allow them to automatically reset within a 15-minute period. (f) Each alarm business will provide the communications desk the following information when recording an alarm: (1) a local call or toll free call back number for the alarm monitoring company, (2) an operator name or number, (3) the burglar alarm permit number, (4) type of alarm, and (5) location of alarm (street address alarm indication, e.g., front door). (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-506. Alarm users.
(a) The alarm user will provide a list to his alarm business of at least three people that can serve as contact persons. The contact person will be responsible for responding to the alarm location if the need arises. Commercial users that employ less than three people or a single family dwelling where less than three adult residents reside are only required to provide contact members for the actual number of employees or adult residents. The alarm user may be required to respond to the scene of an alarm. (b) The alarm user will insure that any employee or agent that will be given the responsibility of operating or activating or deactivating their alarm system is properly trained to do so. (c) Alarm users are prohibited from using an automatic telephone dialing device or digital alarm communicator to notify the communications desk of an alarm. (d) The alarm users will be liable and responsible for false alarms at the alarm location. (e) The alarm user will be responsible for insuring that false burglar/fire alarms are not transmitted to the communications desk. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-507. False alarm.
It shall be unlawful for any person or entity to create or cause to be created a false alarm that causes a response by the city's police or fire department. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-508. Restitution.
During a six-month period of time, commencing with the first alarm, the following police/fire response policy and fine structure will apply and will be assessed against the alarm user as set out below: (1) First response: Officer will leave a notice of false alarm activation. The alarm user will be notified by a letter of alarm activation including a copy of the false alarm ordinance. (2) Second response: Same procedure as first false alarm response. (3) Third response: Same procedure as first response, in addition, the alarm user will pay a $25.00 fee for a violation of the ordinance. The alarm user will also be called by the police/fire department representative. The purpose of this contact will be to encourage the alarm user to fix the problem and reduce the possibility of further false alarms. The alarm user will also be advised that he will be subject to a $50.00 fee if the police/fire department has to respond to another false alarm. (4) Fourth response: Same as first response, in addition, the alarm user will pay a $50.00 fee for a violation of this ordinance. The alarm user will also be called by the police/fire department representative. The purpose of this contact will be to encourage the alarm user to fix the problem and reduce the possibility of further false alarms. (5) Each additional response: Same procedure as first response, in addition, the alarm user will pay a $100.00 fee for violation of this article. (Ord. No. 1423, § 1, 2-18-02)
Sec. 54-509. Appeal of notice of restitution due for false alarm.
(a) The alarm user may appeal the chief of communications for the city's police department or the city's fire department or his designee's decision in writing within 14 days to the police/fire chief, who shall conduct a hearing within a reasonable time. Within 30 days of the hearing, and after consideration of the evidence, the police/fire chief will render a decision in writing. The police/fire chief shall then notify the alarm user of the decision and advise the alarm user of the right to appeal to the city council. (b) In the event the alarm user desires to appeal the police/fire chiefs decision to the city council, notice must be given in writing to the city clerk within 14 days of the police/fire chief's decision. The city clerk will place the matter before the council and notify the alarm user of the date and time of the council meeting when the appeal will be heard. The council will render its decision by resolution spread on the minutes of the council meeting. All the decisions of the council shall be final. In the event the alarm user fails to appear at the hearing before the council, they will be deemed to have waived their right to appeal and no other recourse will be available to the alarm user. (Ord. No. 1423, § 1, 2-18-02) Secs. 54-510--54-549. Reserved. | 
