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AN ORDINANCE TO ESTABLISH POLICIES AND PROCEDURES FOR HANDLING FALSE ALARMS AND TO ESTABLISH FINES (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-99:1284 ON FEBRUARY 15, 1999; ORD-93:751 ON AUGUST 16, 1993)
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: The City of Jonesboro, Arkansas has determined that a problem exists within the City of Jonesboro with the erroneous and mistaken use of burglar and fire alarms and those that are not installed and maintained property, and that his problem has resulted in increased service calls by the Jonesboro Police and Fire Department and is creating a hazard to the members of those departments and to the general public. It is the City Council's purpose to control that misuse.
Section 2: Definitions:
a. Alarm system: any assembly or equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry, fire, or other activity requiring urgent attention to which police or firemen are expected to respond.
b. False alarm:
1. Error or mistake. Any action by any person, firm or corporation or other entity owning or operating any dwelling, building or place, or any action by an agent or employee of said person, firm, corporation or other entity which results in the activation of an alarm system when no emergency exists.
2. Malfunction: Any unintentional activation of any alarm system caused by a flaw in the design, installation or maintenance of the system. This shall not include any activation caused by violent conditions of nature or other extraordinary circumstances, not reasonably subject to control of the alarm user.
3: Intentional misuse: Any intentional activation of an alarm system when no burglary, holdup, fire, or other emergency is in progress.
Section 3: Installation and response:
a. No alarm system shall be placed in service after installation in any dwelling, business or place within the City of Jonesboro until such time as notification of said installation shall have been given to the police or fire department. The Chief of Police or Fire Chief shall have the right, either personally or through a designated representative, to inspect the type and installation of any alarm system being installed.
b. Any person, firm, corporation or other entity causing any alarm system be installed in any dwelling, building or place shall, prior to placing such alarm in service, post with the Jonesboro Police and Fire Department a list containing the names, addresses and telephone numbers of at least two (2) persons who shall have access to said building and alarm system and the knowledge and ability to make said system secure in case of activation. They shall also post the name, address and telephone number of any person, firm or corporation responsible for servicing the alarm system.
c. When any alarm system is activated, the Police or Fire Department shall respond to the alarm and notify the person or persons listed in subsection "b" hereof. Said person shall immediately go to the place where the alarm is sounding to meet the police or firemen to secure said building and to reset the alarm.
d. Should any person responsible for any alarm system, when notified of its activation, refuse to respond pursuant to subsection "c" hereof, the police and fire units on the scene shall check the property thoroughly and secure the location as much as possible. The Jonesboro Police and Fire Department shall not be required to make any further responses to that building, dwelling or place until such time as said alarm system has been properly reset.
Section 4: False alarms - Errors, mistakes or malfunctions; penalty.
a. No alarm system shall be activated by error, mistake or malfunction in any dwelling, building or place when no emergency exists, which results in the response of the Jonesboro Police or Fire Department.
b. The following fines shall be levied upon any person, firm, corporation or other entity owning or operating said dwelling, building or place of violation of subsection "a".
1. There shall be no charge for one to three false alarms per calendar month, or for six alarms per calendar years. After the second false alarm a written warning shall be given to the person, firm, corporation or other entity owning or operating the dwelling, building, or place wherein said alarm system was installed.
2. On the fourth false alarm in one calendar month or on the seventh false alarm in one calendar year and every subsequent false alarm thereafter will be fined at the rate of Twenty-Five Dollars ($25.00) per incident.
Section 5: False alarms - Intentional: penalty.
a. No person shall knowingly or intentionally activate any alarm system when no emergency situation exists.
b. No person shall knowingly or intentionally test any alarm system without first notifying the Jonesboro Police Department or Fire Department of such test and receiving approval for same.
c. Any person who violates subsections "a" or "b" shall be fined not less than One Hundred Dollars ($100.00) and shall be subject to prosecution under the Arkansas State Law for falsely reporting an incident.
Section 6: Failure to pay fines; authority of Chief of Police or Fire Chief.
If any person, firm, corporation or other entity fails to pay within thirty (30) days any fine levied under section 3 or section 4 above, it shall be the right of the Chief of Police or Fire Chief to remove the alarm from the dispatch panel fifteen (15) days after notification by registered letter to such person, firm, corporation or other entity of their intent to do so.
This ordinance passed and adopted on the 7th day of September, 1982.