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FALSE ALARMS AND INCREASING PENALTIES


ARTICLE III. FALSE ALARMS

Sec. 58-81. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm system  means any device designed for the detection of an unauthorized entry of a structure or enclosure, unlawful act, fire or other emergency which, when activated, produces a signal, visual or audible or both, which signal is to be transmitted to the general area surrounding the premises so as to give notice to the general public and/or which signal is caused to be transmitted to the city police department via the county sheriff's department by way of an alarm operator or receiver located in the county sheriff's department. 

Alarm system, authorized,  means any alarm which alerts any municipal organization by means of a signal which is transmitted to a receiver permitted by the county sheriff, located in the county sheriff's department. 

Alarm system operator  means any person or business who sells, leases or operates a receiving station for one or more alarm systems. 

False alarm  means any of the following: 

(1)   The unintentional activation of an alarm system by the owner or the lessee of an alarm system or of an employee or agent of either.

(2)   The activation of an alarm system by mechanical failure or malfunction caused by improper maintenance of the alarm system.

(3)   The activation of an alarm system caused by improper installation and/or use of the equipment.

(4)   The intentional activation of an alarm system where no unauthorized entry, commission of unlawful act or fire exists.

Subsections (1) through (4) of this definition do not include false alarms caused by abnormal weather conditions, acts of God, or prior arrangements made for testing of the alarm system.

(Code 1972, § 9.22(1))

Cross references:  Definitions generally, § 1-2. 

Sec. 58-82. Response of city to alarm.

The installation and operation of an alarm system shall not give rise to any cause of action or claim or attach any liability to the city for any reason whatsoever; and the city shall be under no duty or obligation to any person having an alarm system for whatever reason, including but not limited to any defects in an alarm system, any delays in response, or delays in transmissions.

(Code 1972, § 9.22(2))

Sec. 58-83. Prohibitions.

No person owning, using or possessing an alarm system or transmitting information regarding an alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.

(Code 1972, § 9.22(3))

Sec. 58-84. Penalties.

(a)   Penalties for violation of this article shall be as set by the council.

(b)   No false alarms of authorized alarm systems shall be counted for the purposes of this article during the first 60 days following connec