Chapter 22 - Business Regulations
Division 12 - False Alarms

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SEC. 22.12-1 DEFINITIONS. For the purpose of this Division certain words and phrases shall be defined as herein set forth:

1. Subscriber is any person, firm, corporation, partnership or entity who or which purchases, leases, contracts for, or obtains an alarm system.
    
2. Alarm System means any mechanical or electrical device that is arranged, designed, or used to signal the occurrence in the Town of Normal of a burglary, robbery, or other criminal offense, fire emergency or medical emergency requiring urgent attention, and to which police, fire, or emergency medical personnel are expected to respond. Alarm systems include those through which public safety personnel are notified directly of such signals through automatic recording devices or are notified indirectly by way of third persons who monitor the alarm systems and who report such signals to the fire or police department. Alarm systems also include those designed to register a signal which is so audible, visible, or in other ways perceptible outside a protected building structure or facility as to notify persons in the neighborhood beyond the zoning lot where the signal is located who in turn may notify the police or fire department of the signal. Alarm systems do not include those affixed to automobiles; furthermore, alarm systems do not include auxiliary devices installed by telephone companies to protect telephone equipment or systems which might be damaged or disrupted by the use of an alarm system. Alarms in separate structures are to be counted as separate systems even though owned by the same person or entity.
    
3. False Alarm means an alarm signal eliciting a response by the police or fire department when a situation requiring a response by the police or fire department does not in fact exist. False alarm does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Alarms resulting from the following conditions are not considered false alarms:
    
   1. Criminal activity or unauthorized entry.
       
   2. Earthquake causing structural damage to the protected premises.
       
   3. High winds sufficient to activate motion detection system or causing physical damage to the protected premises.
       
   4. Flooding of the protected premises due to overflow of natural drainage.
       
   5. Lightning bolt causing physical damage to the protected premises.
       
   6. Telephone line malfunction verified in writing to the Town by at least a first line telephone company supervisor.
       
   7. Electrical service interruption verified in writing to the department by local power company.
       
   8. Communication to the police or fire department before a unit is dispatched to investigate clearly indicating that the alarm resulting from authorized entry, authorized system test, or other non-criminal cause.
       
   9. An alarm caused on the reasonable but mistaken belief that a burglary, robbery, or other criminal offense, fire emergency, or medical emergency is in progress.
       
   10. The generation of a false alarm which is beyond the reasonable control of the system user.

SEC. 22.12-2 RESPONSE TO ALARMS

1. Whenever an alarm is activated in the Town thereby requiring an emergency response to the location by the police or fire department and the police and fire department does respond, the police or fire department personnel on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system or whether the alarm signal was a false alarm.
    
2. If the police or fire department personnel at the scene of the activated alarm system determines the alarm to be false, said officers shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user at the address of said alarm system installation location, advising the alarm user of the false alarm.
    
3. The chief of the police or fire department or his designee shall have the right to inspect any alarm system on the premises to which a response has been made, and he may cause an inspection of such system to be made at any reasonable time thereafter.

SEC. 22.12-3 EXCESSIVE FALSE ALARMS AND FEE ASSESSMENT

1. If any alarm system produces four (4) false alarms in any calendar year, the chief of the involved department shall provide written notice of the fact, which shall be given by certified mail or delivery to the subscriber asking the subscriber to take corrective action in regard to false alarms and informing subscriber of the false alarm fee schedule provided herein.
    
2. Subscribers installing a new system or making substantial modifications to an existing system shall be entitled to a grace period during which alarms generated by such system shall be deemed non-false alarms. The grace period shall cease thirty (30) days after installation of or modification to an alarm system.
    
3. Upon any alarm system producing a fifth (5th), sixth (6th), or seventh (7th) false alarm in a calendar year, a fee of twenty-five dollars ($25.00) per false alarm shall be charged to the subscriber. The following fee schedule shall be used for each additional false alarms.
    
   1. Eighth (8th) and ninth (9th) false alarms in a calendar year, a fee of fifty dollars ($50.00) per false alarm shall be assessed.
       
   2. Ten (10) or more false alarms in a calendar year, a fee of one hundred dollars ($100.00) per false alarm shall be assessed.

   
   All fees assessed must be paid to Town Finance Department or a written appeal must be submitted to the City Manager within three (3) days of fee assessment.

SEC. 22.12-4 APPEAL OF FALSE ALARM

1. Any subscriber who has been notified of a false alarm or assessed a false alarm fee may appeal to the City Manager by giving written notice and posting a bond equal to the amount of fee, if applicable, within three (3) days of the invoice assessing such fee. Upon receipt of the appeal notice and bond, if applicable, a time certain shall be set for a hearing.
    
2. The appellant shall be given reasonable notice of such hearing, failure of the appellant to appear at such hearing shall, if applicable, result in forfeiture of the appeal bond, and application of such bond toward the false alarm fee assessed by the Town.
    
3. The City Manager or his designee shall serve as hearing officer, the burden of proof shall be upon the appellant to show by a preponderance of the evidence that the alarm signal in question was not a false alarm as defined in SEC. 25.21-1(C).
    
4. After receipt of all relevant evidence, the hearing officer shall, within three (3) days, render his decision. If the hearing officer determines that the appellant has met the burden of proof, then he shall order the appeal bond released to the appellant and/or rescind the false alarm determination. If the hearing officer determines that the appellant has not met the burden of proof, then he shall order the appeal bond be forfeited and applied toward the alarm fee as assessed by the Town and/or enter such alarm as a false alarm.
    
5. All decisions made pursuant to this Division are final. (Added 3/5/84)

(Entire Division Amended 6/4/84)(ENTIRE DIVISION RE-CODIFIED BY ORDINANCE NO. 3326, 7/16/84)