Sec. 3-1. Definitions.
[The following words, terms and phrases, as used in this chapter, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:]
Alarm system means any burglar, fire, and/or holdup alarm system referred to in this chapter.
Burglar alarm system means an alarm signaling an entry or attempted entry into the area protected by the system.
Burglar, fire, and holdup alarm business means any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, serving or responding to a burglar, fire, or holdup alarm system, or which causes any of these activities to take place.
Central station means any premises, usually maintained by an alarm company, equipped to receive and displace signals from intruder alarm systems.
Communicator panel means the device that receives alarm signals from subscribers whose lines terminate at the police/fire dispatch point.
Direct alarm means any police/fire alarm device running directly from a specific location to the police dispatch point, connected by leased telephone lines.
Fire alarm system means an alarm system signaling a fire on the premises protected by the system.
Holdup alarm system means an alarm system signaling a robbery or attempted robbery.
Indirect alarm means any police/fire alarm device running indirectly from a specific location to the police/fire dispatch point through an alarm company's receiving location to the police/fire dispatch unit. The alarm may be connected to the police/fire dispatch point by leased telephone lines or called in by the alarm company's receiving location personnel.
Interconnect means to connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
Local alarm (audible type) means these alarms sound audibly on the premises whether or not connected as a "direct" or "central station" alarm.
Person means any person, firm, partnership, association, corporation, company or organization of any kind.
Subscriber means a person who contracts for or receives service or maintenance with respect to any alarm system from an alarm business.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-2. Responsibility to answer alarms.
(a) Generally. When an alarm has been activated at a business or private residence and the police department or fire department respond, the owner or his representative shall be present at such location after being requested to do so by a representative of the Springdale Police Department or the Springdale Fire Department. Response shall be as soon as possible, but should not exceed 20 minutes from the time of request.
(b) Audible alarms. Every local alarm shall be constructed, equipped, and installed and in such a fashion that the alarms shall be incapable of sounding for more than 30 minutes following a single activation. The sounding of such audible alarm for a continuous period of more than 30 minutes shall constitute a public nuisance.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-3. Interconnected alarm system, regulations and standards.
No automatic dialing device shall be interconnected to the Springdale Police Department, Springdale Fire Department, or police/fire dispatch point.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-4. Inspection of alarm devices.
(a) The chief of police or the fire chief, or a person designated by the police chief or fire chief shall have the authority to enter the premises of any business in the city which has a direct alarm system for the purposes of checking the alarm system.
(b) If any inspection reveals any problems with an alarm system, the owner or lessee shall have a period of 30 days after receiving written notice to make required corrections or repairs. If the corrections or repairs are not made in the specified amount of time, the alarm will be disconnected.
(c) There will be no testing or demonstrating of a direct alarm system without first obtaining permission from the police or fire departments.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-5. Transmission of excessive false alarms.
(a) Except due to factors beyond the control of the subscriber, it shall be unlawful for any person to transmit more than five false burglar or holdup alarms within any calendar year from any single alarm system.
(b) Except due to factors beyond the control of the subscriber, it shall be unlawful for any person to transmit more than two false fire alarms within any calendar year from any single alarm system.
(c) False alarms shall not include alarms activated by the following:
(1) Attempted or actual criminal activity or forcible or unauthorized entry;
(2) Structural damage to the protected premises due to earthquake, high winds, lightening or flooding caused by the overflow of natural drainage;
(3) Telephone line malfunctions; or
(4) Electrical service interruption.
(d) For the purpose of this section, factors within the "control of the subscriber" shall be defined as follows:
(1) Any act or omission by a subscriber or his employee;
(2) Faulty equipment;
(3) Equipment not properly maintained or serviced.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-6. Penalties.
(a) False police alarm response charges. When the Springdale Police Department responds to false burglar or holdup alarms received from the same premises more than five times in a calendar year (January through December) the alarm user or subscriber shall pay the city the following amount within 30 days after receiving billing notification.
Sixth to tenth (6--10) response, each . . . . $ 50.00
After tenth response, each . . . . 100.00
If payment is not received within the 30-day period, as provided above, the charge for said response shall be increased to double the amount of the initial response charge.
(b) False fire alarm response charges. When the Springdale Fire Department responds to false fire alarms received from the same premises more than two times in a calendar year (January through December) the alarm user or subscriber shall pay the city the following amount within 30 days after receiving billing notification.
Third to tenth (3--10) response, each . . . . $ 50.00
After tenth response, each . . . . 100.00
If payment is not received within the 30-day period, as provided above, the charge for said response shall be increased to double the amount of the initial response charge.
(c) Informal hearing. Each alarm user shall be entitled to an informal hearing with the chief of police, or his designate for each false police alarm in excess of five. Each alarm user shall be entitled to an informal hearing with the fire chief or his designate for each false fire alarm in excess of two. At the informal hearing, the subscriber may offer evidence that the alarm activation for which he is charged was not under his control as stated in section 3-5. The hearing must be requested, in writing, by certified or registered mail, directed to chief of the police department, or the chief of the fire department within seven days after the mailing of the statement of charges for the false alarm(s). Failure to timely request a hearing shall constitute an admission that the service charge is justified and payable to the city and shall further constitute an irrevocable waiver of such hearing.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-7. Failure to pay charges for false alarms.
Alarms interconnected to the police and fire departments or police/fire dispatch point shall be disconnected in the event of a failure to pay for penalties assessed within 30 days of receipt of a statement. When all assessments have been paid and all problems with the signaling system and/or its users have been corrected, and a reconnection of the system is desired by the user, the party requesting reconnection to the system may be authorized to reconnect.
In addition to the remedy provided for in the previous paragraph, the city shall have all other legal rights available for collecting the penalty, including filing a legal action against any person who fails to pay the penalties provided for by this chapter.
(Ord. No. 2806, § A, 2-10-98)
Sec. 3-8. Municipal liability.
The city and its officers, agents, employees or assignees shall not be liable for any defects in the equipment or operation of the alarm system or use of signaling systems. Nothing contained herein shall be construed as a warranty by the city that any system will work or that any equipment or services will be without defect. The city shall not be held liable for any damages, consequential or otherwise, for any claim or dispute arising out of or in connection with an alarm or signaling system.
(Ord. No. 2806, § A, 2-10-98)
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