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HomeMy WebLinkAboutNo 821 Residential and Commercial False Fire Alarms ORDINANCE 821 RESIDENTIAL AND COMMERCIAL FALSE FIRE ALARMS Section 1. Purpose. It is the purpose of this ordinance to encourage fire or medical alarm users and alarm users and alarm businesses (including, but not limited to, sales, installation, and/or monitoring) to maintain the operational reliability and the proper use of alarm systems so as to limit unnecessary fire and emergency medical responses to false alarms and alarm malfunctions. This ordinance governs fire and medical emergency false alarms, provides for service fees for excessive false alarms, and provides for issuance of citations in lieu of assessing such service fees. Section 2. Definitions. "Alarm Site" means a single premise or location, or a multi-tenant location, served by an alarm system or systems. "Alarm System" means any mechanical, electrical, or radio controlled device or system which is designed to emit, transmit, or relay a signal or message and which, when activated, is intended to summon or that would reasonably be expected to summon, police, fire or emergency medical services. Alarm system does not include: 1. An alarm installed on a vehicle, unless the vehicle is permanently located at a site, or 2. An alarm designed to alert only inhabitants of a premise, and which does not constitute a local alarm. "False Alarm" means that activation of an alarm system, signal or message which elicits notification to or response by the Maplewood Fire Department when there is no evidence of a fire, medical emergency, or other activity which warrants a call for immediate fire fighting, or emergency medical assistance. This may include, but is not limited to, an alarm discovered by a firefighter before notification of an alarm from a monitor or from a local alarm system that is not monitored. "Fire or Emergency Medical Alarm" means a system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire or medical emergency or medical emergency or supervisory signal initiating devices which are intended to summon fire or emergency medical services of the Maplewood Fire Department. "Warning Notice" means a notification provided to the owner or person in charge of an alarm site by the Maplewood Fire Department for alarm due to system malfunction or when no reason can be determined for the false alarm. The warning notice will require the alarm system to be inspected and/or serviced within five (5) working days with written documentation submitted to the Maplewood Fire Department that the system is in working order. Section 3. Fire Emergency Medical Alarm Systems. Subd. 1. Each time the Maplewood Fire Department responds to a false alarm due to system malfunction or when no reason can be determined for such false alarm, the Maplewood Fire Department shall issue a warning notice. Subd. 2. A service fee for excessive false alarms at residential sites shall be charged as follows: 1. Noservice fee shall be charged for the first three (3) false alarms occurring within a twelve (12) month period, calculated from the beginning of the calendar year. 2. A fourth (4) false alarm within a twelve (12) month period shall result in a service fee of $100.00. 3. Each false alarm in excess of four (4) false alarms occurring within a twelve (12) month period shall result in a service fee of $200.00 per false alarm. Subd. 3. A service fee for excessive false alarms at commercial sites shall be charged as follows: 1. No service fee shall be charged for the first two (2) false alarms occurring within a twelve (12) month period, calculated from the beginning of the calendar year. 2. A third (3) false alarm within a twelve (12) month period shall result in a service fee of $200.00. 3. A fourth (4) false alarm within a twelve (12) month period shall result in a service fee of $300.00. 4. Each false alarm in excess of four (4) false alarms occurring within a twelve (12) month period shall result in a service fee of $400.00 per false alarm. Subd. 4. No service fee shall be assessed if the false alarm is: 1. Caused by an electrical storm, tornado, or other act of God when there is clear evidence of physical damage to the alarm system; 2. Caused by the intermittent disruption of telephone circuits beyond the control of the alarm site owner; 3. Caused by electrical power disruption or failure in excess of two (2) hours beyond the control of the alarm site owner; Subd. 5. All false alarm service fees are due and payable within thirty (30) days from the date of the invoice, in the event that false alarm service fees are not paid as required by this ordinance, the Maplewood Fire Department may refer the matter to the City Attorney for appropriate legal action, including but not limited to, certifying the same for collection against the real property taxes as with other unpaid municipal services. Subd. 6. A person commits an offense in violation of this ordinance if such person intentionally sets off a false alarm in excess of three (3) false alarms within a twelve (12) month period, calculated from the beginning of the calendar year. Upon commission of this offense, he or she shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) and by imprisonment not to exceed ninety (90) days. Section 4. Severability Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the partheld to be invalid. Section 5. Effective Date. This ordinance shall take effect thirty (30) days after its publication. Section 2. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on December 17, 2001.