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179041 2 3 r. 4 � 5 rn O 6 N 7 8 O 9 O 10 � 11 d 12 w O 13 ON A 14 .b q 15 d 16 v 17 18 M M 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 [11 (Rec. 12- 28 -98.) M M M M M M 2 M M M M M M M • • • '• 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 [21 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, PI 888 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 [41 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. 24 25 26 27 28 29 SIGNED: ALARM USER 151 'I M = M 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 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 [61 i M M M M z M M M M M M M M 0 r 691 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 [71 M M M ! M M M M M M M M M M 0 693 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. 191 [10] �, � PASSED: December 1998 694 1 APPROVED: (/AT�}TE�SpT:p AMU 3i�.- 4 JO ailey Robbie Hancock 5 City Clerk M y r 6 APPROVED AS TO LEGAL FORM: 9 Thomas M. Carpenter 10 City Attorney 11 12 // 13 14 15 16 // 17 18 19 // 20 21 22 // 23 24 // 25 26 27 28 // 29 // [10] M = M M M = = = = = = r 692 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. 181