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HomeMy WebLinkAboutAmending Code New Chapter 12 Entitled Alarm Systems • ORDINANCE No. 7645-86 Passed by the Common Council of the City of South Bend, Indiana _ May 27, 19 86 Attest: City Clerk IRENE K. GAMMON Attest: 1 / iii_ President of Common Council f Presented by me to the Mayor of the City of South Bend, Indiana _ May 28, rg 86 City Clerk IRENE K. GAMMON Approved and signed by me ig £f c, Q '( Mayor • SUBSTITUTE BILL NO. 54-86 ORDINANCE NO. -7 (e 4S- g-q, AN ORDINANCE AMENDING THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW CHAPTER 12, ENTITLED ALARM SYSTEMS STATEMENT OF PURPOSE AND INTENT: The South Bend Police Department and the South Bend Fire Department respond to alarms installed in private residences and businesses. These alarms are designed to alert the property owners and security forces to the existence of an emergency security problem, whether it be burglary, robbery, or fire. A substantial proportion of these alarms, upon investigation, are found to be false alarms. The number of false alarms is increasing as more citizens seek greater physical security for their homes and businesses. False alarms present an increased economic burden on the police and fire departments and place our law enforcement and fire fighting forces in situations of increased danger due to the potential of traffic accidents involved in responding rapidly to the alarm, excessive response time to other calls for service when officers are involved in responding to a false alarm, reduction of crime suppression control while responding to false alarms, and danger to police officers and firefighters after several responses to a location of frequent false alarms. The Council therefore finds it in the best interest of the public health, safety and welfare of the City to institute a charge for response to false alarms in an amount reasonably related to the cost of the response to that false alarm. NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS : SECTION I. The South Bend Municipal Code is amended to add a new Chapter 12, entitled Alarm Systems, to read as follows : Chapter 12 . Alarm Systems . Article 1. False Alarm Fees . Section 12-1 . Definitions . The following terms when used in this chapter shall have the following meanings : (a) "Alarm system" means any mechanism, equipment or device which is designed or used for the detection of an unauthorized entry into a building, structure, facility or enclosed area or for alerting others to the commission of an unlawful act or a fire within a building, structure, facility or enclosed area, or both, and which emits a sound or transmits a signal or message when activated; this definition shall include local alarm systems. (b) "Alarm user" means any natural person, firm, association, partnership, limited partnership, sole proprietorship or corporation, which is in control of any building, structure, or facility wherein an alarm danger to persons or damage to property. "False alarm" also means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or negligence of the alarm user or his employees or agents; but it does not include alarm activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by an alarm user or alarm system installer or servicer. (e) "Local alarm system" means a signaling system which when activated causes an audible and/or visible signaling device to be activated only in or on the premises in which the system is installed, operated or maintained . (f) "Notice" means written notice either by certified mail , return receipt requested, or by personal service upon the addressee at his last known address. Section 12-2 . Response to Alarm; Determination of Validity . (a) Whenever an alarm system is activated in the City of South Bend which results in an emergency response to the premises by the police or fire department, the officer on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was required or was a false alarm. (b) If the officer at the scene of the activated alarm system determines the alarm to be false, the officer shall make a report of the false alarm, notice of which shall be sent to the alarm user at the address of the premises, or at the last known address of the alarm user, if different from the premises address. (c) The Police Chief or Fire Chief, or his designee, shall have the right to inspect the premises to which a response has been made and may cause such inspection to be made at any reasonable time after the occurrence of a false alarm. Section 12-3 . False Alarm. (a) Whenever an alarm user issues, causes to be issued, or permits the issuance of a false alarm, this section shall apply; provided, however, that this section shall not apply to a residential alarm user who is a natural person aged 65 or older. (b) The Police and Fire Departments shall maintain appropriate records of all false alarms to which each department responds . After a department responds to three (3) false alarms at a location on or after January 1 and before December 31 of any calendar year, the department which responded to the scene of a false alarm shall charge the alarm user a user fee for each false alarm response in the amount of $25.00 (Twenty-Five Dollars ) as reasonable compensation for the cost of the department's personnel . eauinment. and • Section 12-4. Automatic Telephone Dialing Systems Prohibited . (a) It shall be unlawful for any person to sell, offer for sale, install, maintain, lease, operate, or assist in the operation of an automatic telephone dialing alarm system over any telephone lines exclusively used by the public directly to request emergency service from the South Bend Police Department or the South Bend Fire Department. (b) The South Bend Police Chief or the South Bend Fire Chief, or their designees, upon receiving knowledge of an automatic telephone dialing system installed or operated in violation of this section shall order in writing the owner, operator or lessee to disconnect and cease operation of the system within seventy-two (72) hours of receipt of the order. (c) Any automatic telephone dialing system installed prior to the effective date of this section shall be removed within thirty ( 30) days of the effective date of this section. Section 12-5. Alarm Silencer Required. (a) No local alarm system and no alarm system shall be installed on any premises in the City which does not have an operable automatic resetting device to silence the alarm audible sounder within thirty ( 30) minutes after activation and to prevent the alarm sounding again as a result of the same event that caused the original activator. Section 12-6. Penalties. (a) Any person who violates or fails to comply with any of the provisions of this article shall be guilty of an offense and upon conviction thereof shall be fined one hundred dollars ($100.00) for the first violation and two hundred dollars ($200.00) for each violation thereafter. Each day that a violation is permitted to exist shall constitute a separate offense. (b) Any alarm system installed, operated, or maintained in violation of this chapter is hereby declared to be a nuisance and may be abated in the manner as nuisances are now or may hereafter be abated under existing law. (c) The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. SECTION II. Any section or parts of sections of the South Bend Municipal Code or any ordinance or parts of ordinances in con- flict herewith shall be and the same are hereby repealed to the extent of the conflict. SECTION III. If any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, the unconstitutionality or invalidity thereof shall not SECTION IV. This ordinance shall be in full force and effect from and after September 4, 1986. Air X(/(/ LJ 4 _ `-� ,,'mber of the C. mon Council 1st READING S=/ Z" g NMI( HFARINC .S---3 7- 9' / Tg`®@ 0 H :5-.-P.,,, 0 0 ySO O ,14 ', 4 CITY ® f SOUTH BEND ��K '� \� /j El r } "VU( Y e1 ��PEACjE ROGER O. PARENT, Mayor --k:::::;; I 0ii1,, � € .-± +�4v, COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 � /�� � SOUTH BEND POLICE DEPARTMENT 219/284-9311 701 W. Sample Street South Bend, Indiana 46625 CHARLES T. HURLEY Chief of Police May 7, 1986 South Bend Common Council County-City Building South Bend, Indiana 46601 Dear Council Members : The Ordinance that we are filing is the result of the meetings of the Committee of Public Safety and addresses concerns of the South Bend Police Department and the South Bend Fire Department . Both Departments have experienced large numbers of false alarms. Your attention to this matter will be greatly appreciated. Sincerely, (74g 7:4_,/,44 Charles T. Hurley Chief of Police \iibt/L-1,- 1- \, ajleLa' Luther Taylor Chief of Fire Department CTH/LT/k r ftnmmtttrt &part Ulu tine 1Innim= Tomtit of tip Q itg of'nidli fiend: Your Committee of the Whole to whom was referred BILL NO. 54-86 A BILL AMENDING THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW CHAPTER 12, ENTITLED ALARM SYSTEMS. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.