HomeMy WebLinkAboutOrdinance 5083 ORDINANCE NO, 5083
AN ORDINANCE ADOPTING A FALSE ALARM REDUCTION
ORDINANCE TO IMPROVE PUBLIC SAFETY BY REDUCING
EMERGENCY RESPONSES TO FALSE ALARMS; AND TO
ENCOURAGE ALARM USERS TO PROPERLY USE AND MAINTAIN
THE OPERATIONAL EFFECTIVENESS OF ALARM SYSTEMS IN
ORDER TO REDUCE OR ELIMINATE FALSE ALARMS.
WHEREAS, the Fayetteville Police Department received over 42,360 calls in 2006,
of which 3,851 were from alarms; and,
WHEREAS, of these 3,851 calls from alarm systems, 3,823 (or 99.2%) were false
alarms; and,
WHEREAS, sending an emergency response to a false alarm decreases the
availability of police officers to respond to true emergencies, thereby decreasing public
safety; and,
WHEREAS, it has been determined that often these false alarms are the result of
the property owner's failure to properly maintain the alarm systems; and,
WHEREAS, this Ordinance contains provisions which strive to reduce false
alarms, sets forth a permitting system with controls to facilitate the reduction of false
alarms, and requires the disciplined use of alarm systems by Alarm Users.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYFITEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas, hereby
adopts a False Alarm Reduction Ordinance, the full text of which, marked Exhibit "A,"
is attached hereto and made a part hereof.
Section 2. That the City Clerk shall place an item on the agenda of the City
Council's regular meeting held on February 3 2009, to review the False Alarm
Reduction Ordinance.
Page 2
Ord. 5083
Section 3. Effective Date. In order to allow sufficient time to establish the alarm
permit system and issue the necessary permits, this ordinance shall take effect 120 days
from the date of passage.
PASSED and APPROVED this 20h day of November, 2007. G Yo 06 c' 00 ,
APPROVED: ATTEST: = ; FAY ETTEVILLE
'
0NSP09
By: By:
DAN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
130.23 False Alarm Reduction responsible use, operation, and
maintenance of Alarm Systems and the
(A) Definitions. For the purposes of this problems created by False Alarms.
Section, the following definitions shall apply
unless the context clearly indicates or Alarm User means any Person, who
requires a different meaning. operates an Alarm System .
Alarm Administrator means a Arming Station means a device that
Person or Persons designated by the Chief allows control of an Alarm System .
of Police to administer, control and review
False Alarm reduction efforts and administer Automatic Voice Dialer means any
the provisions of this Section . electrical, electronic, mechanical, or other
device capable of being programmed to
Alarm Dispatch Request means a send a prerecorded voice message, when
notification to the Fayetteville Police that an activated , over a telephone line, radio, or
alarm, either manual or automatic, has been other communications system, to the
activated at a particular Alarm Site. Fayetteville Police requesting dispatch.
Alarm Installation Company means Burglar Alarms means any system
a Person who sells, provides, maintains, or device detecting and reporting any
services, repairs, alters, replaces, moves, unauthorized entry or attempted entry or
and/or installs an Alarm System at an Alarm property damage upon real property
Site. Alarms on automatic teller machines are
included in this definition.
Alarm User Permit means a permit
issued by the City to the Alarm User to Cancellation means the process
operate an Alarm System, obtained after the where a dispatch is terminated when an
Alarm User makes written application to Alarm Installation Company or Alarm
either the Alarm Installation Company, Monitoring Company for the Alarm Site
Alarm Monitoring Company, or in the case of notifies the Fayetteville Police before their
a Local Alarm, the Alarm Administrator. arrival that there is not an existing situation
at the Alarm Site requiring response after an
Alarm Dispatch Request.
Alarm Site means a single fixed
premise or location served by an Alarm Conversion means the transaction
System or Systems. Each unit, if served by or process by which one Alarm Installation
a separate Arming Station in a multi-unit Company or Monitoring Company begins
building or complex, shall be considered a the servicing , monitoring or both of a
separate Alarm Site. previously unmonitored Alarm System, or an
Alarm System previously serviced or
Alarm System means a device or monitored or both by another Alarm
series of devices, including, but not limited Company.
to, hardwired systems and systems
interconnected with a radio frequency Dispatch means the process in
method such as cellular or private radio which the Fayetteville Police is instructed to
signals, which emit or transmit a remote or respond to an alarm.
local audible, visual or electronic signal
indicating an alarm condition and intended False Alarm means an Alarm
to summon a police response, including Dispatch Request to summon the
Local Alarm Systems, Alarm System does Fayetteville Police to a non-emergency
not include an alarm installed in a vehicle or situation . For enforcement purposes, any
on someone s person. Dispatch Request cancelled prior to the
arrival of the Fayetteville Police at the Alarm
Alarm User Awareness Class Site will still not be counted as a False
means a class conducted for the purpose of Alarm.
educating Alarm Users about the
Grace Period means a specified police assistance in order to avoid injury,
length of time from the date of installation or serious bodily harm or death at the hands of
ConversionfTakeover during which no the perpetrator of the robbery or other crime
occurrence, fine or penalty is assessed for
False Alarms. Takeover means the transaction or
process by which an Alarm User takes over
control of an existing Alarm System, which
Local Alarm System means any was previously controlled by another Alarm
Alarm System, which is not monitored, that User.
emits or transmits a local audible, visual or
electronic signal indicating an alarm Verify means an attempt by the
condition only at the Alarm Site. Monitoring Company, or its representatives,
to contact the Alarm Site by telephonic or
Monitoring Company means a other electronic means, whether or not
Person in the business of providing Alarm actual contact with a Person is made, to
Monitoring services. determine whether an alarm signal is valid
before requesting a police dispatch, in an
Monitoring means the process by attempt to avoid an unnecessary Alarm
which a Monitoring Company receives Dispatch Request. For purposes of this
signals from an Alarm System and relays an Section, verify requires, that if the initial call
Alarm Dispatch Request to the Fayetteville to the Alarm Site is unanswered, the
Police for the purpose of summoning a Monitoring Company must make a second
police response to an Alarm Site. call to reach a Responsible Individual at a
different number than the one listed as the
Alarm Site telephone number. This process
Purchase means the transaction or is known as ECV, or Enhanced Call
process by which an Alarm Company Verification.
assumes control or possession of an
existing alarm account. Zones mean division of devices into
which an Alarm System is divided to indicate
Response means the dispatch of the general location from which an Alarm
Fayetteville Police personnel to the System signal is transmitted.
premises where an Alarm System has been
activated. (B) Administration and funding.
Responsible Individual means an ( 1 ) Responsibility for administration of
individual who is able and has agreed to: this Chapter is vested with the Chief of
Police
-receive notification of an Alarm
System activation at any time, (2) The Chief of Police designates an
Alarm Administrator to carry out the duties
-respond to the Alarm Site within 30 and functions described in this Chapter.
minutes at any time, and ,
(3) Monies generated by false alarm
-grant access to the Alarm Site and service fees pursuant to this Chapter shall
deactivate the Alarm System upon be dedicated for use by the Department
request. directly for administration of the alarm
program and for recovery of general police
Robbery alarm (also hold-up services lost to false alarm response.
alarm or panic alarm) means an alarm signal
generated by the manual or automatic (4) The Alarm Administrator shall
activation of a device, or any system, conduct an annual evaluation and analysis
device, or mechanism on or near the of the effectiveness of this Chapter and
premises intended to signal that a robbery or identify and implements system
other crime is in progress, and that one or improvements, as warranted.
more persons are in need of immediate
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P Permit required: Application: numbers of the Person who will
Transferability; False Statements. be the Permit holder and be
responsible for the proper
(1 ) No Alarm User shall operate, or maintenance and operation of
cause to be operated, an Alarm System at the Alarm System,
its Alarm Site without a valid Alarm Permit.
A separate Alarm Permit is required for each (b) the classification of the Alarm
Alarm Site. Site (e.g. single or multi-family
residential, commercial,
(2) Existing Alarm System. Any alarm warehouse, governmental, etc. );
system which has been installed before the
effective date of this chapter shall be (c) mailing address, if different from
registered by the Alarm User within 120 the address of the Alarm Site,
(One Hundred Twenty) days of such
effective date. (d) the date of installation,
Conversion or Takeover of the
(3) Alarm Systems. Any Alarm System Alarm System,
that is installed on a protected premises
located within the City of Fayetteville, the (e) the name, address, and
Alarm User shall have ten ( 10) days from telephone number of the Alarm
the date of the installation to notify the Alarm Installation Company or
Administrator that an alarm system has companies performing the
been installed and the send the Alarm Alarm System installation,
Administrator the name and address of the Conversion or Takeover, and of
Alarm User and a copy of the Customer the Alarm Installation Company
False Alarm Prevention Checklist. Failure of responsible for providing repair
an Alarm User to notify the Alarm service to the Alarm System;
Administrator of a new Alarm System
installation within ten (ten) days following (f) the name, address, and
installation shall result in a fee of $100 00. telephone number of the
monitoring Company, if different
from the Alarm Installation
(4) The Alarm Permit application must Company, any protective t
be submitted by the Alarm User to the Alarm reactive systems , and,
Administrator at the time of an Alarm
System installation or Takeover. All Local (g) signed certification from the
Alarm System applications must be Alarm User stating that:
submitted to the Alarm Administrator at the
time of an Alarm System installation or i a set of written operating
Takeover by the next business day. The instructions for the Alarm
Alarm Permit shall be effective until such System, including written
time as the registered Alarm User no longer guidelines on how to avoid
occupies the Alarm Site. False Alarms, have been
left with the applicant by the
(5) An Alarm Monitoring Company or Alarm Installation Company,
Alarm Installation company may provide the
information for an Alarm Permit to the Alarm ii. the Alarm Installation
Administrator on behalf of the Alarm User. Company has trained the
applicant in the proper use
of the Alarm System,
(6) Each Alarm Permit application must including instructions on
include the following information: how to avoid False Alarms;
and ,
(a) the name, complete current
address, (including apartment or iii the Alarm User is aware of
suite number), and telephone the fact that a police
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response may be influenced Alarm System was intended to
by factors including, but not report.
limited to, the availability of
police units, priority of calls, (2) An Alarm User shall have a
weather conditions, traffic Licensed Alarm Installation Company
conditions, and staffing inspect the Alarm System after three (3)
levels. False Alarms within a revolving three-month
period. The Alarm Administrator may waive
(7) Any false statement of a material a required inspection if (s)he determines that
fact made by an applicant for the purpose a False Alarm(s) could not have been
of obtaining an Alarm Permit shall be related to a defect or malfunction in the
sufficient cause for imposition of a fee prior Alarm System.
to the issuance of a Permit by the Alarm
Administrator. (3) An Alarm User shall not use
Automatic Voice Dialers to notify the
(8) An Alarm Permit cannot be Fayetteville Police Department
transferred to another Person or Alarm Site.
An Alarm User shall inform the Alarm (4) An Alarm User shall maintain at
Installation or Alarm Monitoring Company, in each Alarm Site an Alarm Permit and a set
case of a monitored Alarm System, or the of written operating instructions for each
Alarm Administrator, in the case of a non- Alarm System.
monitored Alarm System, of any change to
any of the information on the Alarm Permit (5) Alarm Users may agree with their
application within five (5) business days of Alarm Installation Company or Monitoring
such change. Company to go through a grace period for
the first seven (7) days after installation of
(9) An Alarm Permit is good for two (2) an Alarm System during which time neither
years from the issued date. the Alarm Installation Company nor the
Monitoring Company will have any obligation
(10) The Alarm User is solely to respond to any Alarm Signal from the
responsible for the payment of any fee for Alarm Site. If the Alarm Signal is the result
services. of an actual alarm event, the Alarm
Installation Company or the Monitoring
(11 ) Per A.C.A. 17-40-106, the Alarm Company shall send an Alarm Dispatch to
Permit will be given at no cost to the Alarm the Fayetteville Police.
User.
(D) Duties of the Alarm User. (E) Duties and Authority of the Alarm
Administrator
(1 ) An Alarm User shall:
(1 ) The Alarm Administrator shall
(a) maintain the Alarm Site and establish a procedure for notification to the
the Alarm System in a manner that Alarm User of the occurrence of a False
will minimize or eliminate False Alarm . Such notice shall include:
Alarms;
(a) the date and time of police
(b) make every reasonable response to the False Alarm,
effort to have a Responsible
Individual available at the Alarm Site (b) the response incident number;
within 30 minutes after an Alarm and,
Dispatch Request, and, (c) a statement urging the Alarm
User to ensure that the Alarm
(c) not activate an Alarm System is properly operated,
System for any reason other than an inspected, and serviced in order
occurrence of an event that the to avoid False Alarms and
resulting fee for service.
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Activation of a robbery alarm shall be
(2) The Alarm Administrator or the deemed an intentional act for which a
Fayetteville Police may create and required fee shall be deemed imposed for
implement an Alarm User Awareness Class. false alarms. Any alarm user of such alarms
The Alarm Administrator may request the shall pay the city a fee for each and every
assistance of False Alarm Associations, false robbery alarm to which police respond .
alarm companies and emergency service
agencies in developing and implementing # of False Alarms Feefor Service
the class. The class shall inform Alarm 1 $0.00
Users of the problems caused by False 2-3 $ 100.00
Alarms and teach Alarm Users how to avoid 4 or more $200.00
False Alarms.
(F) Fees /or Service. The higher fee will continue to be assessed
until the alarm user submits a certification
( 1 ) An Alarm User shall be subject to a from an Alarm Installation Company, stating
that the Alarm System has been inspected
fee for service, depending on the number of
and repaired (if necessary)proper
the Alarm
False Alarms within a calendar year based Installation Company and proper training
upon the following schedule:
has been provided to the alarm user.
# of False Alarms Fee for Service
1 $0.00 A $25.00 late fee will be assessed for each
2 $75. 00 false alarm invoice not paid within 30 days
3 $100. 00 of notice.
4 $150.00
5 $200.00 (H) Alarm Cancellations.
6 or more $250. 00
( 1 ) The Monitoring Company shall
(2) In addition, any Person operating a communicate Verified Cancellations of
non-permitted Alarm System will be subject Alarm Dispatch Requests to the Fayetteville
to an additional fee for service of $250. 00. Police in a manner and form prescribed by
The Alarm Administrator may waive the this Section.
additional fee for non-permitted Alarm (2) In order for the Fayetteville Police to
Systems, if the Alarm User submits an verify the identity of the Monitoring Company
application for Alarm Permit within ten ( 10) and to confirm that the correct Alarm
days after notification of such a violation . Dispatch Request is Cancelled, Monitoring
(3) An audible alarm that has not been Companies must use the Incident Number
called into the Fayetteville Police given to them by the Fayetteville Police
Department by an Alarm Monitoring Service when the alarm call was first made.
shall not constitute a false alarm under this (3) For Alarm Systems that utilize a
section. Monitoring Company, a request for
(4) Notice of the right of Appeal under Cancellation of an Alarm Dispatch Request
this ordinance shall be included with any fee will only be accepted from the Monitoring
for service. Company and only after the Incident
Number has been reported to the
(5) A $25.00 late fee will be assessed Fayetteville Police.
for each false alarm invoice not paid within (4) If a cancellation occurs prior to law
30 days of notice. enforcement arriving at the scene, this is not
a False Alarm for the purpose of fees for
(G) Robbery Alarm. service and no fee will be assessed.
(5) Robbery alarms from financial
institutions cannot be canceled and an
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officer response is mandatory per the police response to the Alarm Site by again
Policies and Procedures of the Fayetteville suspending the Alarm Permit if it is
Police Department. In this situation, if a determined that two (2) False Alarms have
financial institution employee contacts the occurred within one hundred eighty ( 180)
Fayetteville Police Department to notify of a days after the reinstatement date.
false alarm prior to the Alarm Monitoring
Company notifying of an alarm dispatch
request, then this will be considered a (J) Appeals.
cancellation request and no fee will be
assessed. ( 1 ) If the Alarm Administrator assesses
a Fee for Service, the Alarm Administrator
(1) Suspension of Response. shall send written notice of the action and of
the right to appeal to the Alarm User.
(1 ) The Alarm Administrator may
suspend police response to an Alarm Site by (2) The Alarm User may appeal an
revoking the Alarm Permit if it is determined assessment to the Alarm Administrator by
that: setting forth in writing the reasons for the
appeal within fifteen ( 15) business days after
(a) The Alarm User has 6 or receipt of the fee for service or a notice of
more False Burglary Alarms within a revocation.
twelve ( 12) month period, or,
(3) The Alarm User may appeal an
(b) There is a statement of a adverse decision of the Alarm Administrator
material fact known to be false in to the False Alarm Appeals Panel as follows:
the application for a permit; or,
(a) The Alarm User may file a
(c) The Alarm User has failed written request for review of an
to make timely payment of a fee for adverse decision of the Alarm
service assessed, or, Administrator by paying an appeal
fee of $25.00, and setting forth the
(d) The Alarm User has failed reasons for the appeal within fifteen
to submit a written certification from ( 15) business days after the date of
an Alarm Installation Company that notification of an adverse decision
complies with the requirements of from the Alarm Administrator.
this article, stating that the Alarm Appeal fees shall be fully refunded if
System has been inspected and the appeal is granted.
repaired (if necessary) and/or
additional training has been (b) The False Alarm Appeals
conducted by the Alarm Installation Panel shall be comprised of five (5)
Company members, each to be appointed by
the Chief of Police, to serve a term
(2) A Person commits an offense if of three (3) years. The panel will
he/she operates an Alarm System during the consist of an alarm industry
period in which the alarm permit is representative, a member of the
suspended and is subject to enforcement Fayetteville Police Department, and
and Fees. an at large citizen of Fayetteville.
(3) Unless there is separate indication (c) The False Alarm Appeals
that there is a crime in progress, the Panel shall conduct a review within
Fayetteville Police Department may refuse a thirty (30) days of the receipt of the
officer response to an Alarm Dispatch request, and consider all evidence
Request at an Alarm Site for which the presented by any interested
Alarm Permit is suspended . Person(s). The False Alarm
Appeals Panel shall make its
(4) If the Alarm Permit is reinstated the decision based upon the
Alarm Administrator may again suspend preponderance of the evidence
6 -
presented. The False Alarm (a) Submits a new application,
Appeals Panel shall render its and ,
decision to either affirm or reverse
the decision of the Alarm (b) pays, or otherwise resolves,
Administrator no later than ten ( 10) all outstanding citations, fees and
days after the date of the hearing. fines, and,
(4) The filing of a request for appeal (c) submits a certification from
shall stay enforcement and collection of any an Alarm Installation Company,
fee for service assessed, until such time as stating that the Alarm System has
the False Alarm Appeals Panel renders it been inspected and repaired (if
decision. If a request for appeal is not made necessary) by the Alarm Installation
within the fifteen ( 15) period set forth at Company,
subsection (J)(3) (a) above, the action of the
Alarm Administrator shall be deemed final. (2) In addition, the Alarm Administrator
may require one or more of the following as
(5) The Alarm Administrator or the a condition to reinstatement
False Alarm Appeals Panel may adjust the
accrued number of False Alarms based on (a) proof that an employee of
evidence that: the Alarm Installation Company or
Monitoring Company caused the
(a) a False Alarm was caused by False Alarm;
the actions of the telephone
company, Alarm Installation (b) upgrade the alarm control
Company, and/or the Monitoring panel to CP-01 Compliant Panel,
Company, or,
(c) a written statement from an
(b) a False Alarm was caused by a independent inspector designated
power outage lasting longer by the Chief of police that the Alarm
than four (4) hours; or, System has been inspected and is
in good working order,
(c) shows that the Alarm Dispatch
Request was not a False Alarm, (d) confirmation that all motion
or, detectors are dual technology type;
(d) the officer response was not (e) confirmation that the Alarm
completed in a timely fashion, System requires two independent
and/ or, zones to trigger before transmitting
an alarm signal to the Monitoring
(6) In determining the number of False Company,
Alarms, multiple alarms occurring in any
twenty-four (24) hour period may be counted (f) confirmation that the Alarm
as one False Alarm: to allow the alarm use System requires two independent
time to take corrective action unless the detectors to trigger before
false alarms are directly caused by the transmitting an alarm signal to the
alarm user. Monitoring Company,
(K) Reinstatement. (g) certification that the
Monitoring Company will not make
(1 ) A Person whose Alarm Permit has an Alarm Dispatch Request unless
been revoked may, at the discretion of the the need for a officer is confirmed by
Alarm Administrator or the Chief of Police a listen-in device,
have the Alarm Permit reinstated by the
Alarm Administrator or the Chief of Police if (h) certification that the
the Person: Monitoring Company will not request
an Alarm Dispatch unless the need
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for a officer/deputy is confirmed by a
camera device, or
(i) certification that the
Monitoring Company will not make
an Alarm Dispatch Request unless
the need for a officer is confirmed by
a Person at the Alarm Site.
Q) alarm user successfully
completes an on-line alarm
awareness class and test.
(L) Government Immunity.
An Alarm Permit is not intended to, nor will
it, create a contract, duty or obligation, either
expressed or implied, of response. Any and
all liability and consequential damage
resulting from the failure to respond to a
notification is hereby disclaimed and
governmental immunity as provided by law
is retained. By applying for an Alarm Permit,
the Alarm User acknowledges that
Fayetteville Police Department response
may be influenced by factors such as the
availability of officers, priority of calls,
weather conditions, traffic conditions,
emergency conditions, staffing levels and
prior response history.
- g -
City of Fayetteville Staff Review Form v
City Council Agenda Items /0 /
and 5g 3
Contracts, Leases or Agreements
1 OI 2007
City Council Meeting Date � ,✓,/,Lc / � !/ f' '
Agenda hems Only
Greg Tabor Police Police
Submitted By Division Department
Action Required:
City Council adopt the attached False Alarm Reduction Ordinance.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
twsl
Previous Ordinance or Resolution #
Department Date
Original Contract Date:
'
/ Z Original Contract Number:
City Attorney Date
Received in City
Clerk's office
Y I CxaSlt.� l 1 -5 -�7
Finance and Internal Service Director Date
/ L Received in
,ZOA A*74c7j,
Mayor's Office
Mayor Date
Comments:
Revised April 16, 2007
l
FAYETTEVILLE
POLICE
J THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
9KANti�
TO: Mayor Dan Coody and Members of the City Council
FROM: Greg Tabor, Chief of Police
DATE: October 31 , 2007
SUBJECT: False Alarm Reduction Ordinance
Recommendation : Council adopts the attached False Alarm Reduction Ordinance.
Backeround: In 2006, the Fayetteville Police Department responded to 3851 alarm
calls. Of those calls, only 28 resulted in a report and/or arrest. The result is a 99% false
alarm rate. Alarms require two officers per call. An average of 25 minutes is spent on
each alarm call. This results in an estimated cost of $ 105,611 .00.
Discussion: The False Alarm Reduction Association and National Burglar and Fire
Alarm Association model ordinance was used when drafting this ordinance. It was also
presented to the Ordinance Review Committee, which passed it on to the Council with a
recommendation to pass.
Budget Impact: Budget impact will not be known until after a proposal is selected from
a third-party administrator. This company would be responsible for registration, alarm
tracking, billing, and fee collection. This company would assess its costs from these fees
and the remaining balance, if any, would be returned to the city and used to offset the
Police Department's cost of responding to these alarms. Estimates from alarm tracking
and billing companies indicate they historically only recover 2/3 of the fees assessed.
Because of this, the Police Department would not recover its entire costs.
FAYETTEVILLE POLICE DEPARTMENT
100•A WEST ROCK STREET (DELIVERIES) POLICE: 10D-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479.587.3522