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ORDINANCE NO. 17,904
AN ORDINANCE CONCERNING THE EXCESS FALSE
ALARMS IN THE CITY OF LITTLE ROCK, PROVIDING
DEFINITIONS AND PENALTIES FOR ENFORCEMENT
AGAINST ALARM USERS CAUSING EXCESS RESPONSE
TO FALSE ALARMS, DECLARING AN EMERGENCY AND
FOR OTHER PURPOSES.
WHEREAS, it has been brought to the attention of the Little Rock Board of
Directors that unnecessary time and resources are expended by the Little Rock Police
Department, the Little Rock Fire Department, and the Little Rock Ambulance Authority,
to respond to alarms that turn out to be malfunctions or otherwise unwarranted, and
WHEREAS, any response by emergency personnel and equipment can create a
risk of harm to the general public because of the need to promptly and swiftly deal with
emergency situations, so responding to an unnecessary alarm is an unwarranted risk to
the general public, and
WHEREAS, a review of actions taken by other communities facing this problem,;
19 including the ordinances that have been drafted in response to the problem, reveals that
20 often these unnecessary alarms are the result of the property owner or alarm company's
21 failure to provide proper maintenance and upkeep of the alarm systems, and
22 WHEREAS, the creation of a sanction for unnecessary alarms has resulted in a
23 significant decrease in the number of alarms in these communities,
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY BOARD OF
25 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
26 Section 1. Title. This Ordinance may be known and cited as the "False Alarm
27 Reduction Ordinance."
28 Section 2. Purpose. The purpose of this ordinance is to encourage alarm
29 owners and alarm monitoring businesses to assume appropriate responsibility for the
30 maintenance and mechanical reliability of alarm systems; to prevent unnecessary
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(Rec. 12- 28 -98.)
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1 responses to unwarranted or false alarms by emergency personnel and equipment; and,
2 to protect all citizens from the dangers of emergency personnel and equipment being
3 inappropriately utilized because of answers to unwarranted alarms.
a Section 3. Definitions. The following words as used in this ordinance shall be
s defined as follows unless the context clearly indicates differently.
6 (A) "Alarm agent" means any individual, partnership, corporation or other
7 entity in the business of monitoring, or causing to be monitored, any Alarm System in
s or upon any building, structure, or facility.
9 (B) "Alarm system" means any assembly of electrical, electronic or mechanical
10 equipment arranged to signal the occurrence of an illegal entry or other activity requiring
11 urgent attention and to which Emergency Personnel are expected to respond.
12 (c) "Alarm user" means any person, firm, partnership, corporation, company,
13 or organization of any kind, which owns, controls, or occupies any building, structure,
la or facility wherein an Alarm System is maintained unless the system is designed and
15 intended only to alert persons inside the building, structure, or facility and does not
16 employ an audible signal emitting sounds, a flashing light, or a beacon designated to
17 signal persons outside the premises.
1s (D) "Automatic Dialing Device" means a device that is interconnected to a
19 telephone line and is programmed to select a predetermined telephone number and
20 transmit by voice message or code signal an emergency message indicating a need for
21 emergency
22 (E) "Emergency personnel" means any police, fire, or government -owned
23 emergency medical health care service.
24 (F) "False Alarm" means any request for immediate assistance of emergency
25 personnel that is not a response to an actual emergency situation or threatened criminal
26 activity. The term False Alarm includes any negligently or accidentally activated signals,
27 as well as any signal that is the result of faulty, malfunctioning, or improperly installed
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1 or maintained equipment, or as a result of an act of God, or any signal that is purposely
2 activated to summon a law enforcement agency or fire department in a non - emergency
s situation. The term "False Alarm" also includes any emergency call for help sent to a
4 hospital, or other entity providing such a service directly to the customer, which results
s in an emergency ambulance response that is later determined to be totally unnecessary.
6 (G) "Monitoring Station" means an office to which an Alarm System is
7 connected so operators can supervise either the alarm circuits or answer incoming alarm
s telephone signals, and where human operators then notify the City 9 -1 -1 center or a
9 private security agency to investigate the alarm.
10 (H) Sound emission cutoff feature" means a feature of an alarm system which
I 1 will cause an audible alarm to stop emitting sound within fifteen (15) minutes of being
12 activated
13 Section 4. Notwithstanding any other provision of this ordinance, the term
14 False Alarm does not include:
15 (A) A signal willfully activated by an Alarm User, or by an Alarm Agent,
16 upon a good faith belief that an actual or threatened crime is about
17 to occur.
18 (B) A signal from a health care facility, hotel, or residential housing
19 facility which maintains its own alarm system and has trained
20 personnel on staff to deal with alarm maintenance.
21 Section 5. Monitoring Stations. (A) No Monitoring Station shall monitor an
22 Alarm System within the City of Little Rock unless they have first provided the City
23 Office of Emergency Services, or such other office designated by the City Manager, with
24 the following information:
25 (1) Each location where a monitoring station is to be located;
26 (2) The name, address, and telephone number of the Monitoring
27 Station; and,
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1 (3) The type of business organization that it is ( individual, partnership,
2 or corporation).
3 (B) If the Monitoring Station is an individual proprietorship, the name, address,
4 and telephone number of each partner shall also be provided. If the Monitoring Station
s is a corporation, the name and address of its local agent, its registered agent, and the
6 state where incorporated shall be provided.
7 Section 6. Monitoring Station Duties (A) It shall be the duty of the operator
s of every alarm monitoring station to give any alarm user for which the monitoring
9 station provides monitoring services the notice set out in subsection (D) of this section.
10 A fully executed copy of the notice shall remain on file at the monitoring station from
11 the start of monitoring service until at least 90 days after the termination of such services
12 on behalf of the alarm user.
13 (B) A fully executed copy of the notice shall be provided to the director of
14 Office of Emergency Services within one business day after a demand for such
15 information.
16 (C) The alarm agent or monitoring system shall assure that the Alarm User has
17 listed at least one person who will be available to respond to the scene of alarm
18 activations within one -half hour after being requested to do so by the City in order to
19 enter the premises, reset the alarm, or secure the premises.
20 (D) The notice set forth in this subsection may be incorporated into the
21 contract, or affixed thereto, and shall be conspicuous, worded exactly as stated, in all
22 capital letters, and shall read as follows:
23 IMPORTANT NOTICE TO ALARM USERS
24 AN ALARM USER THAT NEGLIGENTLY OR ACCIDENTALLY ACTIVATES,
25 OR IS RESPONSIBLE FOR THE NEGLIGENT OR ACCIDENTAL ACTIVATION OF,
26 AN ALARM SYSTEM AS THE RESULT OF FAULTY, MALFUNCTIONING, OR
27 IMPROPERLY INSTALLED OR MAINTAINED EQUIPMENT MAY BE GUILTY OF
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i A VIOLATION OF LOCAL ORDINANCE AND SUBJECT TO CIVIL PENALTIES,
2 CRIMINAL FINES, OR A COMBINATION OF BOTH CIVIL AND CRIMINAL
3 SANCTIONS. AN EMERGENCY SERVICES AGENCY -- LAW ENFORCEMENT,
4 FIRE, AMBULANCE -- MAY REQUEST THE ISSUANCE OF -A CITATION TO AN
5 ALARM USER IF THE NUMBER OF FALSE ALARMS TO WHICH A LAW
6 ENFORCEMENT AGENCY, THE FIRE DEPARTMENT, OR THE AMBULANCE
7 SERVICE ACTUALLY RESPONDS EXCEEDS 3 RESPONSES WITHIN A TWELVE-
8 MONTH PERIOD. THE CIVIL PENALTIES CAN EVENTUALLY BE THE COST
9 OF THE EMERGENCY RESPONSE, OR A CRIMINAL FINE UP TO $500.00 FOR
10 MAINTAINING A DEFECTIVE SYSTEM, OR BOTH CIVIL AND CRIMINAL
ii SANCTIONS.
12 MONITORING SERVICES BY AN INDEPENDENT CONTRACTOR SHALL
13 NOT BE PROVIDED UNLESS THE ALARM USER DESIGNATES A PARTY TO BE
14 RESPONSIBLE FOR THE ALARM SYSTEM. BY SIGNING BELOW YOU AGREE TO
15 BE RESPONSIBLE FOR THE ALARM SYSTEM AND AUTHORIZE THE
16 UNDERSIGNED PROVIDER TO RELEASE YOUR NAME AND CURRENT
17 ADDRESS, AS THE RESPONSIBLE PARTY, TO THE LOCAL OFFICE OF
is EMERGENCY SERVICES.
19 YOU FURTHER AGREE THAT YOU, OR AN AGENT YOU SELECT,
20 SHALL BE AVAILABLE TO RESPOND TO AN ALARM WITHIN 30 MINUTES
21 IN ORDER TO OPEN THE PREMISES, RESET THE ALARM, OR SECURE THE
22 PREMISES, AS REQUESTED BY THE CITY OFFICE OF EMERGENCY
23 SERVICES.
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SIGNED:
ALARM USER
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ADDRESS OF PROPERTY
DATE:
I HEREBY CERTIFY THAT THE SIGNATURE ABOVE IS THAT OF THE OWNER
OR AGENT OF THE OWNER OF THE PROPERTY AT THE ADDRESS SET OUT
ABOVE.
PROVIDER
(E) Failure of the Alarm Agent to comply with the provisions of this section
16 shall be a violation of this ordinance
17 Section 7. Monitoring Station's Notice to Alarm User.
1s (A) It is the duty of the alarm agent or monitoring station to promptly notify the
19 Alarm User, or it's designated representative, of any activation of the alarm user's alarm
20 system to which emergency personnel will be requested.
21 (B) When an alarm agent or monitoring station's service to its subscribers is
22 disrupted for any reason by the alarnt agent or monitoring station, or the alarm agent or
23 monitoring station becomes aware of such disruption, it shall promptly notify its
24 subscribers that protection is no longer being provided unless written instructions from
25 the subscriber request such notification not be made during certain hours.
26 Section S. Duties of Alarm User. (A) Any alarm user who has not contracted
27 with an alamt agent to respond to the scene of alarm activations shall respond to the
28 scene within one -half hour after alarm activation unless good cause is shown.
29 (B) If an alaml user requests an emergency response to an alarm activation, the
30 user shall, in addition to other relevant information, provide the City 9 -1 -1 Center with:
31 (1) The identity of the caller;
32 (2) The name of the system owner; and
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1 (3) The address of the system owner.
2 (c) The information required in this section is not a prerequisite to the
3 provision of emergency services. Any caller unable to provide the required information
4 due to exigent circumstances shall receive prompt response as though the information
5 had been provided
6 (D) The failure of an alarm user, or his agent, to respond to the scene of an
7 alarm activation after a request to do so shall be a violation this ordinance and shall be
a subject to the penalties set forth in Section 1 -9, in addition to any civil penalties which
9 may be imposed.
10 Section 9. Citation and Penalty for False Alarms.
11 (A) An alarm system that is either negligently or accidentally activated, or
12 activated as the result of faulty, malfunctioning, or improperly installed or maintained
13 equipment, or as a result of an act of God, shall be subject to citation. An emergency
14 services agency may seek issuance of a citation for "False Alarm" to an alarm user or
15 alarm agent if the number of false alarms to which any such agency actually responds
16 exceeds three (3) responses within a 12 -month period.
17 (B) Violations and penalties.
1s (1) Violation of any of the provisions of this ordinance shall
19 result in a civil penalty as follows:
20 (a) For the first finding that this ordinance
21 has been violated, a civil penalty of $25.00;
22 (b) For the second finding within a 12-
23 month period that this ordinance has been
24 violated, a civil penalty of $50.00;
25 (c) For the third, or any subsequent, finding
26 within a 12 -month period that this ordinance
27 has been violated, the actual cost to the City
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1 Section 12. Additional Alarm System Requirements. Any Alarm System
2 which can be heard outside the building, structure, or facility of the alarm user shall be
3 equipped to:
4 (1) Automatically silence the annunciator within 15 minutes after activation; and
5 (2) Permit an accidental or negligent alarm activation to be halted or reset.
6 SECTION 13. Penalties.
7 Unless specifically enumerated herein, any person convicted of violation of any
s of the provisions of this article shall be punished as provided in section 1 -9.
9 Section 14. Severability. In the event any title, subtitle, section, subsection,
10 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or war of this
11 ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
12 adjudication shall not affect the remaining portions of this ordinance which shall remain
13 in full force and effect as if the portion so declared or adjudged invalid or
14 unconstitutional was not originally a part of this ordinance.
15 Section 15. Repealer. Any ordinance or resolution, or the part of any ordinance
16 or resolution, inconsistent with the provisions of this ordinance are hereby repealed to
u the extent of such inconsistency.
18 Section 16. Emergency. It is hereby found and determined by the Board of
19 Directors of the City of Little Rock that significant police, fire, and emergency services
20 resources are expended in answering alarms which turn out to be malfunctions or are
21 otherwise unwarranted; that the creation of a sanction for unnecessary alarms has
22 resulted in a significant decrease in the number of alarms in other communities; that the
23 City's police, fire, and emergency services resources should be reserved for true
24 emergency responses; and that this ordinance is necessary to preserve the public peace,
25 health, and safety. Therefore, an emergency is hereby declared to exist and this
26 ordinance being immediately necessary for the preservation of the public peace, health,
27 and safety shall be in full force and effect January 1, 1999.
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PASSED: December 1998
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APPROVED:
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Robbie Hancock
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City Clerk
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APPROVED AS TO LEGAL FORM:
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Thomas M. Carpenter
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City Attorney
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1 for an emergency response to the ordinance.
2 While each response is different, the current
3 costs are $96.00 for a basic police response to
4 a burglary call; $300.00 for a fire response to a
5 house fire, or $1000.00 for a fire response to a
6 fire at a larger complex; and, $475.00 for an
7 emergency response by the Little Rock
8 ambulance authority.
9 (c) Administrative hearing. The City Manager shall designate a hearing
10 officer to hear administrative appeals of civil penalties. The hearing officer may review
I i written evidence, testimony, or both, in making his determination. His decision shall be
12 communicated in writing to the appellant and the Departments affected.
13 SECTION 10. Defective systems and notices.
14 (A) No person shall permit a defective alarm system to be in operation on
15 property that they own or control.
16 (B) An alarm system is presumed to be defective if more than three (3) false
17 alarms occur within a 12 -month period.
is (c) A lack of physical evidence of an attempt to break into a residence or
19 business, or the lack of physical evidence of a fire or smoke, or other emergency, shall
20 create a rebuttable presumption that an alarm system is defective.
21 (D) Any person convicted of violating the provisions of this section shall be
22 subject to punishment in accordance with Section 1 -9 of this Code.
23 Section 11. Connection to City Telephone Lines. It shall be unlawful for any
24 person to program an automatic dialing device to select any telephone line assigned to
25 the City, and it is unlawful for an alarm user to fail to disconnect or reprogram such a
26 device within 12 hours of receipt of written notice from the City that an automatic
27 dialing device is so programmed.
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