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ORDINANCE NO. 1255 (#17 - 05)
AN ORDINANCE ESTABLISHING JACKSONVILLE MUNICIPAL CODE 19.38
(FALSE ALARMS - NUISANCE); AND, FOR OTHER PURPOSES.
WHEREAS, the City of Jacksonville, Arkansas (the "City"), as a city of the first
c'ass, las recent y endured an excessive num Jer of false alarms from residential
and business alarm systems; and,
WHEREAS, Jecause of t le expense and obligation of resources used to
respond to t le false alarms, the City Council has determined that it would be in the
best interests of the City to impose certain fees for those systems which repeatedly
ma function and require unneeded emergency services responses.
NOW, THEREFORE, BE II ORDAINED BY THE CII f COUNCIL OF THE
CII f OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jac <sonvil e Municipa Code 9 9.38 is hereby created and
shall read as follows:
FALSE ALARMS -- NUISANCE
JMC ~ 9.38.10 PURPOSE.
It shall be the purpose of this Chapter to appropriately assess the costs incurred in
response of those who operate or own a private alarm system in or on a residential
or business structure/property w lie 1 continua y or repeatedly issues a fa se a arm.
JMC ~ 9.38.20 VIOLATION.
It s la constitute a per se violation of t le terms of t lis Ordinance when any
su Jscri Jer las an alarm system w lie 1 provides a fa se a arm more t lan t lree (3)
times within any three (3) month period.
JMC ~ 9.38.30 DEFINITIONS.
Alarm System -- Any mechanical or electrical device that is arranged, designed or
used to signal the occurrence within the City of a burglary, robbery, or other
criminal offense, fire emergency, or mec ica emergency requiring urgent attention
to wlicl po ice, fire, or otler municipa personne- are expected to respond. Alarm
system(s) inc uc e those t lroug 1 w lic 1 PU) ic safety personne and/or the po ice
deJartment are notified directly or indirectly ~by way of third person(s) or party(ies)
who monitor t-,e alarm system(s) and who re Jort such signal(s) to the
Communications Center, Fire, or Police Department(s)~. It shall also include those
systems designed to register an audio/visual signal so audib e, visi J e, or in other
ways perceptible outside a Jrotected building structure or facility as to where the
signa is ocated w lic 1 in turn is cause for a reasonable person to notify emergency
municipa officia s of t le signa. A arm systems do not inc ude t lose designed and
affixec to vehicles, nor does it inc ude auxi iary devices installed by te ep lone
companies to Jrotect tele )hone equipment or systems that may be damaged or
disrupted )y t le use of an alarm system. Alarm system(s) in se Jarate structures
are to be considered as separate systems even t loug 1 the systems may be owned
by the same person(s) or entity(ies).
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ORDINANCE 1255 (#17 - 05)
Page Two
False Alarms -- 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 a arm c oes not inc ude an alarm signa caused by
vio ent conditions of nature or ot ler extraordinary circumstances not reasona Jly
subject to control by the alarm business operator or alarm user. Alarms resulting
from the following conditions will not be considered false alarms: criminal activity
or unaut lorized entry; an a arm caused on t le reasonable but mista <en belief that
a burglary, robbery, or other criminal offense, fire emergency, or medical
emergency is in Jrogress; telephone line/communication transfer line malfunction
verified in writing to t le City JY a first-line company supervisor; and, eectrical
service interruption verified in writing to the City JY tle local power company.
Exce Jtions will also be made for those circumstances in which communication to the
Police or Fire De Jartment (i.e., Communications Center) before dis Jatch of a unit
has occurred to investigate the a arm c ear y indicating t lat t le alarm resulted from
authorized entry, authorized system test, or other non-criminal cause. Subscribers
installing a new system or making substantial modification to an existing system
s la Je entit ed to a grace perioc curing w lich alarms generated by the new or
improved system s la Je deemed non-fa se a arms. T le grace period sha I cease
thirty (30) days after installation of or modification to an alarm system.
Response to Alarms -- Whenever an a arm is activated in the City, thereby
requiring an emergency response to the location by the police, fire, and/or another
City department, municipal personnel on the scene of the activated alarm system
s la determine w let ler t le emergency res Jonse was in fact required as indicated
JY tle a arm system or wletler tle a arm signa was a fa se a arm. If municipa
personnel at t le scene of the activated a arm system determine the alarm to be
false, said Jersonnel shall make a written report of the false alarm.
The Chief(s) of the Fire and/or Police or other City Department and/or their
appointed designee(s) s lall have the right to inspect any alarm system on the
premises to which a response has been made, and he/she/they may cause an
inspection of such system to be made at any reasonable time thereafter in
circumstances indicating t lat t le a arm is ma functioning in some manner.
Subscriber -- Any person, firm, corporation, partnership, or entity that purchases,
leases a contract for, or obtains an alarm system(s) and/or monitoring service(s).
lMC ~ 9.38.40 Excessive False Alarms & Fee Assessment.
A. In t le instance t lat an a arm system Jroc uces t lree (3) fa se a arms in any
t lree (3) mont 1 period, t le C lief of Po ice or Fire Department Head, or t leir
designated representative, s la I provide written notice to the affected system
subscriber. Said notice shall be sent by certified mail, and said subscriber shall be
requested to take ap Jropriate corrective action to .Jrevent any additional false
a arm(s) and enc osing a copy of this Ordinance. On a subsequent instance(s) of
additional false alarm(s), written notice(s) shall be forwarded to said subscriber by
certified mail. On subsequent instances of three (3) or more false alarms within a
t lree (3) mont 1 period for a particu ar system, t le C lief of )0 ice or Fire
Department I- ead or t leir designated representative s la cause said Su Jscri Jer to
be Jilled in accordance wit 1 t le fine sc ledu e out ined herein;
Or ,0: .,".1)'(1., f'::J?
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ORDINANCE 1255 (#17 - 05)
Page Three
B. Upon any alarm system producing a fourth (4th), fifth (5th), or sixth (6th) false
a arm in any tlree (3) month period, a fee of One Hundred Dollars ($100.00) per
false alarm shall be assessed to t le su Jscriber;
C. Upon any alarm system producing a seventh (7th), eight 1 (8th), or ninth (9th)
false alarm in any three (3) month period, a fee of Two Hundred Fifty Dollars
($250.00) Jer false alarm shall be assessed to the subscriber;
D. U Jon any a arm system producing ten (10) or more fa se a arms in any three (3)
month period, a fee of Five Hundred Dollars ($500.00) per false a arm s lal be
assessed; and,
E. Refusal or failure of any subscriber to pay any fee assessment as provided herein
s la result in issuance of a vio ation of t le terms of this Ordinance. Should a
su Jscri Jer be issued a citation by tle C lief of Po ice or lis autlorized designee and
Je found gui ty, p eac guilty or plead no contest of said violation in t le Jac <sonville
District Court, the subscriber shall be res Jonsible to pay ap Jlicable court costs and
be fined no less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00). Furt ler, t le Court s la direct that fu payment of any
outstanding fee assessments be paid to the City in fu I within a time designated by
the Court. In the event the subscriber is a corporation, partnership, or other entity,
the principal or employee directly responsible for the operation of the enterprise at
the location from which the fa se alarm initiates s la Je responsibe for payment of
any fine assessments evied in accordance wit 1 t lis Ordinance.
SECTION TWO: The Jrovisions of this Ordinance are hereby declared to be
severable. If any section, phrase, or provision shall be declared or held invalid, such
invalidity s lall not affect the remainder of tole sections, J-lraSes, or provisions.
SECTION THREE: All Ordinances and parts of Ordinances in conflict herewith are
hereby repealed to the extent of said conflict.
SECTION FOUR: This Ordinance s la take effect from and after its c ate of
passage pursuant to and JY applica J e aw.
f'1 \ JA
APPROVED I HIS , -v\.. DAY OF JULY, 2005.
Cll Y OF JACKSONVILLE, ARKANSAS
. / j 0 . ~
BY. () ~~avwz
TOMMY SWAIM, MAYOR
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