HomeMy WebLinkAboutO-1453ORDINANCE NO. 1453
AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE
OF THE CITY OF FAIRHOPE, ALABAMA, BY ADOPTING A FALSE ALARM
ORDINANCE AND REPEALING ORDINANCE NO. 1335
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
SECTION 1. PURPOSE
(A.) Purpose of'regulations. The purpose of this section is to place responsibility on
the alarm user to prevent, by use of appropriate mechanical, electrical, or other
means, false burglar alarms.
(B.)Scope of regulations. This section will apply to areas within the Fairhope Police
and Fire jurisdiction.
SECTION 2. DEFINITIONS
In this Ordinance, the following terms and phrases shall have the following meanings:
(A.) Alarm Company means any person engaged in selling, leasing, maintaining,
servicing, repairing, altering, replacing, moving, installing or monitoring any alarm
system or causing any alarm system to be sold, leased, maintained, serviced,
repaired, altered, replaced, moved or installed in, or on, any building, structure or
facility. An alarm company and/or alarm monitoring company shall be properly
licensed in accordance with Alabama Statues. An alarm company shall have an
appropriate occupational license pursuant to the Code of Alabama and the Code of
Ordinances for the City of Fairhope.
(B.) Alarm User means any person or other entity that owns, possesses, controls,
occupies, or manages any premises as defined below.
(C.) Burglar Alarm System means any assembly of equipment, mechanical or
electrical, arranged to signal the occurrence of an illegal entry or other activity
requiring urgent attention and to which the Police Department may reasonably be
expected to respond, but does not include fire alarms or alarms installed in motor
vehicles. If a fire alarm system is connected to a burglar alarm system, this section
shall not apply to false alarms that the alarm user proves were generated by the fire
alarm portion of the system.
(D.) False Burglar Alarm means a signal from a burglar alarm system that elicits a
response by the Police when no emergency or actual or threatened criminal activity
requiring immediate response exists. This definition includes signals activated by
negligence, accident, mechanical failure, and electrical failure; signals activated
intentionally in non -emergency situations; and signals for which the actual cause of
activation is unknown. It is a rebuttable presumption that a burglar alarm is false if
personnel responding from the Police Department do not discover any evidence of
unauthorized entry, criminal activity, or other emergency after following normal
Police procedures in investigating the incident. An alarm is not false if the alarm
user proves that (1) an individual activated the alarm based upon a reasonable belief
that an emergency or actual or threatened criminal activity requiring immediate
Ordinance No. 1453
Page 2
response existed; (2) the alarm system was activated by lightning or an electrical
surge that caused physical damage to the system, as evidenced by the testimony of a
licensed alarm system contractor who conducted an on -site inspection and
personally observed the damage to the system or (3) if the user experienced a power
outage of four or more hours, causing the alarm to activate upon restoration of
power, as evidenced by written documentation provided by the Power Company or
other applicable provider.
(E.) Premises means the building or structure or portion of a building or structure upon
which is installed or maintained a burglar alarm system.
SECTION 3. REGISTRATION OF ALARM SYSTEM AND FEE
(A.) Registration of burglar alarm systems. All burglar alarm systems which operate at
locations within the Police and Fire jurisdiction shall be registered with the
Fairhope Police Department by the user. The user shall complete and submit to the
Fairhope Police Department an initial registration or an annual registration renewal
with the appropriate fee. All systems must be registered on or before January 1,
2012. Initial registration shall be necessary to register any system which is not
currently registered with the Department or upon a change in the user of an alarm
which may occur anytime throughout the year.
(B.) Registration fee. Effective with registrations beginning on or after January 1, 2012,
there shall be a registration fee of $25.00 for all alarm registrations that result from
a false burglar alarm response and two week grace period in which the owner fails
to register. Separate alarm systems require separate registrations. The registration
period will be for one year.
(C.) Change in registration information. In the event of a change in any of the
information required as part of the initial or annual registration, the user shall notify
the Fairhope Police Department of the change. An updated registration shall be
filed within ten (10) days of any change.
(D.) Application of funds. Funds collected under this section shall be applied to the
operational costs and enforcement of this ordinance, to reduce the number of false
alarms received by the Fairhope Police Department, and to reduce the time spent by
Fairhope Police Department handling false alarm calls.
SECTION 4. REQUIRED EQUIPMENT IN A BURGLAR ALARM
A burglar alarm user shall not use a burglar alarm system unless that burglar alarm system is
equipped with:
(A.) A backup power supply that will become effective in the event of power failure or
outage; and
(B.) A device that automatically silences the alarm within fifteen (15) minutes after
activation.
Ordinance No. 1453
Page 3
SECTION 5. ALARM COMPANIES RESPONSIBILITIES
(A.) It shall be the responsibility of any licensed person selling and/or monitoring any
alarm system to provide the user with the registration form and the City of Fairhope
False Alarm Ordinance Information form. The registration form provided to the user
shall include the said person's name, address, and State of Alabama burglar alarm
contractor's license number as required on the registration form. An alarm company
may not charge a customer a fee, other than the required registration fee, to register any
alarm system with the Fairhope Police Department. A copy of the current/valid
contractor's license must be on file with the Fairhope Police Department.
(B.) Any person within the Fairhope Police jurisdiction which sells burglar alarm systems
to a potential user must include a copy of the City of Fairhope False Alarm Ordinance
Information form and registration form and with each system sold.
(C.) Any person testing and/or working on an alarm system shall promptly cancel any
activation so that police will not be dispatched.
SECTION 6. ALARM VERIFICATION CALLS REQUIRED
All residential or commercial intrusion/burglar alarms, that have central monitoring, must have
a central monitoring verification call made to the premises generating the alarm signal, prior to
alarm monitor personnel contacting the Fairhope Police Department for dispatch. This does not
apply to panic or holdup type alarms. Alarm monitoring companies will make available to the
Fairhope Police Department upon request, records providing proof that the monitoring
company made the verification calls.
SECTION 7. CANCELLING FALSE BURGLAR ALARM CALLS
Alarm monitoring companies shall notify the Fairhope Police Department to cancel dispatches
to alarm calls the company initiated within ten (10) minutes of being notified that the alarm is
false by the alarm user or his authorized representative. However, Police will not cite the
company for failure to meet the ten-minute criterion if notification of a false alarm is received
before an Officer arrives on the scene. Alarm monitoring companies will make available to the
Fairhope Police Department records providing proof that the police department was contacted
within the ten-minute criterion. An emergency line has been provided by the Fairhope Police
Department to call in and/or cancel panic or holdup type alarms. Use of this line for non -
emergency alarm calls is prohibited.
SECTION 8. FALSE BURGLAR ALARMS PROHIBITED
No burglar alarm user shall cause, allow, or permit the burglar alarm system to give four (4) or
more false alarms in any registration period.
SECTION 9. PENALTIES
(A.) Each violation of this section shall be punished as follows:
1. For a first violation of Section 3 or 4, by a fine of fifty dollars ($50)
2. For a second and each additional violation of Section 3 or 4, by a fine of one
hundred dollars ($100).
Ordinance No. 1453
Page 4
3. For the fourth false burglar alarm in the user's registration period, by a fine of
fifty dollars ($50.00).
4. For the fifth false burglar alarm in the user's registration period, by a fine of
one hundred dollars ($100.00).
5. For the sixth and each additional false burglar alarm in the user's registration
period, by a fine of two hundred dollars ($200.00).
6. For each violation of Section 5, 6 and 7, by a fine of one hundred dollars
($100.00).
All citations for violations set forth in this section shall be issued, and may be
appealed, in accordance with, and shall be governed by the procedures set forth
in the City of Fairhope's code.
(B.) An alarm user shall not be fined more than two hundred dollars ($200.00) for false
alarms that occur at the same premises in any twenty -four-hour period.
(C.) No penalty specified hereunder shall be imposed or assessed against any entity that
qualifies as tax exempt under the provisions of Section 501(c)(3) of the Internal
Revenue Code provided that the premises is used exclusively by said entity for such
tax exempt purposes.
SECTION 10. NOTIFICATION OF FALSE ALARMS
It is the responsibility of each alarm user to monitor the occurrences of false alarms on its
premises. The Fairhope Police Department shall notify the alarm user of each false alarm. Such
notice shall be provided by posting a notice on the premises; or by mailing notice to the alarm
user.
SECTION 11. LIMITATIONS TO POLICE RESPONSE
(A.) Police are not required to respond:
1.To burglar alarms at locations where six (6) or more false alarms occurred in the
user's registration period. After sustaining the first Police response termination
in a registration period for accruing six (6) false alarms, the alarm user will
sustain subsequent response terminations for every three (3) additional false
alarms occurring in the same registration period.
2.To burglar alarms at locations where a burglar alarm fine was not paid within
sixty (60) days of a civil violation notice; or
3.To location where required alarm registration information was not filed within
thirty (30) days of a civil violation notice for failure to file alarm information.
Ordinance No. 1453
Page 5
(B.) Nothing herein shall:
Preclude the Police Department from respond ing to panic or ambush alarm
signals, calls describing emergencies or crimes in progress, or routine calls for
service (excluding Section 11(A.) 1, 2, & 3);
2. Limit the Police Department from issuing civil violation notices for alarms in
violation of this ordinance; or
Be construed to create a duty to respond in any circumstances where such
duty does not exist pursuant to the statutory or common law of Alabama.
(C.) A notice that Police response will be discontinued, for any of the above reasons, will
accompany a civil violation notice, be posted at the affected location, or be sent to the
user by certified mail at least thirty (30) days prior to discontinuing service.
(D.) Police response will continue while an appeal is pending under the code of the City of
Fairhope, for a civil violation notice issued for violation of Ordinance No. 1453.
SECTION 12. RESTORING POLICE RESPONSE TO TERMINATED LOCATIONS
To regain Police response to burglar alarms at terminated locations, the alarm user must:
(A.) When Police response has been discontinued pursuant to Section 11 (A.)1., submit a
written report from a licensed burglar alarm company certifying that the system has
been inspected, repaired if required, and that it is functioning properly. In addition, the
alarm user must pay all outstanding burglar alarm ordinance fines;
(B.) When Police response has been discontinued pursuant to Section 11 (A.)2., submit
burglar alarm registration information and pay all outstanding burglar alarm ordinance
fines.
SECTION 13. ENFORCEMENT
In addition to all remedies otherwise available, this section shall be enforced by the code
enforcement provisions of the Code of the City of Fairhope.
SECTION 14. SCHEDULE OF CIVIL PENALTIES
The following table shows the sections of this Code, as they may be amended from time to time,
which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil
penalty for the violation of these sections as they may be amended.
The "descriptions of violations" below are for informational purposes only and are not meant to
limit or define the nature of the violations or the subject matter of the listed Code sections,
except to the extent that different types of violations of the same Code section may carry
different civil penalties. For each Code section listed in the schedule of civil penalties, the
entirety of that section may be enforced by the mechanism provided in this Chapter, regardless
of whether all activities proscribed or required within that particular section are described in the
"Description of Violation" column. To determine the exact nature of any activity proscribed or
required by this Code, the relevant Code section must be examined.
Ordinance No. 1453
Page 6
Code
Section Description of Violation Civil Penalty
21-276(4) Failure of user to file alarm registration or pay registration fee $ 50.00
21-276(4) Second and subsequent violation by the alarm user $100.00
21-276(5) Use of burglar alarm without required equipment $ 50.00
21-276(6) Failure to provide required forms and registration and/or
failure to comply with company requirements
$100.00
21-276(7) Failure to verify alarm signal prior to contacting Fairhope
Police Department personnel $100.00
21-276(8)Failure of an alarm monitoring company to notify the Fairhope
Police Department within ten minutes of notice that an alarm $100.00
alarm was false
21-276(9) Fourth false burglar alarm during registration period $ 50.00
21-276(9) Fifth false burglar alarm during registration period $100.00
21-276(9) Sixth and each additional false burglar alarm during registration $200.00
period
SECTION 15. SEVERABILITY
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other
paragraphs and sections, since the same would have been enacted by the municipality council
without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 16. EFFECTIVE DATE
This ordinance shall take effect January 1, 2012 and upon its due adoption and publication as
required by law.
ADOPTED THIS THE 25th DAY OF JULY, 2011
ATTEST:
is4A.anks,
Cit
INSPECTION CERTIFICATE
THIS IS TO CERTIFY that the alarm system located at:
Registration No.:
Was fully inspected and repaired, if necessary, on by the
below -referenced licensed alarm business.
THIS IS ALSO TO CERTIFY that said alarm system is in good operating condition and that the
operators of the alarm system have been instructed in its proper use.
Alarm User Signature Alarm Business Representative Signature
Date
Alarm Business Name
State of Alabama License Number
Date
• THIS FORM MUST BE COMPLETED BY A LICENSED ALARM COMPANY.
• ONLY THE ORIGINAL OF THIS FORM WILL BE ACCEPTED.
• MAIL THE COMPLETED FORM TO THE ADDRESS LISTED ABOVE.
• FAILURE TO DO SO WILL RESULT IN TERMINATION OF POLICE RESPONSE TO
ROUTINE BURGLAR ALARM CALLS AND THE ISSUANCE OF CIVIL CITATIONS.
Fairhope Police Department #
False Alarm Enforcement Unit
107 North Section Street
Fairhope, AL 36532
(251) 928-2385
REGISTRATION FORM
THIS FORM MUST BE UPDATED AND RETURNED EVEN IF NO MONEY IS OWED. YOUR REGISTRATION WILL
BE CLOSED AND YOU MAY FORFEIT POLICE RESPONSE IF YOU FAIL TO DO SO.
EXPIRES:
LOCATION
RESPONSIBLE PARTY
NAME (LAST, FIRST OR BUSINESS NAME)
=,7= 1
STR # STREET NAME APT/SUITE EMAIL ADDRESS
STR # STREET NAME APT/SUITE EMAIL ADDRESS
CITY, STATE ZIP
Ph 1 Ph 2
CITY, STATE ZIP
Ph 1 Ph 3
Ph 2 Ph 4
PHONE 1 PHONE 2 PHONE 1-2 PHONE 3-4
Date of Birth SSN Folis OWNS/RENTS
CONTACT PERSON 1 CONTACT PERSON 2
NAME (LAST, FIRST)
NAME (LAST, F1777-
STR # STREET NAME APT/SUITE EMAIL ADDRESS
STR # STREET NAME APT/SUITE EMAIL ADDRESS
CITY, STATE ZIP
Ph 1 Ph 3
Ph 2 Ph 4
CITY, STATE ZIP
Ph 1 Ph 3
Ph 2 Ph 4
PHONE 1-2 PHONE 3-4 PHONE 1-2 PHONE 3-4
SPECIAL CONDITIONS
MONITORED BY
INSTALLED BY
COMPANY NAME
COMPANY NAME
ADDRESS (STR # STREET NAME) APT/SUITE
ADDRESS (STR # STREET NAME) APT/SUITE
CITY, STATE ZIP
TM7-,S= ZIP
PHONE 1 PHONE 2 PHONE 1 PHONE 2
I do hereby solemnly swear that the aforementioned information is correct to the best of my knowledge.
Signature Date Signed
INTERNAL USE ONLY
Rcvd
Approved
FAIRHOPE, ALABAMA - UNIFORM CIVIL VIOLAT ICE
DATE ISSUED* CODE INSPECTOR NAME DEPARTMENT BADGE # CASE # CITATION #
NAME OF VIOLATOR(S)
MAILING ADDRESS OF VIOLATOR (Street, City, State and Zip)
THIS NOTICE SUMMONS YOU TO ANSWER THE COMPLAINT THAT ON AT
YOU COMMITTED A VIOLATION OF SECTION CODE OF THE CITY OF FAIRHOPE TO WIT:
DESCRIPTION: Sixth and each additional false burglar alarm during registration period
LOCATION OF VIOLATION:
YOU SHALL:
1. PAY THE CIVIL PENAL OF $ AND CORRECT THE ABOVE VIOLATION IMMEDIATELY UPON RECEIPT OF THIS NOTICE. A SURCHARGE
OF $10.00 HAS BEEN ADDED TO THE ABOVE CIVIL PENALTY PER CITY OF FAIRHOPE ORDINANCE #
2. YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO APPEAL THE DECISION OF THE CODE INSPECTOR OFFICER IN WRITING WITHIN 20
DAYS FROM RECEIPT OF THIS NOTICE.
VIOLATOR
DATE
SERVICE: MAIL
Fairhope to pay the civil penalty and correct the violation or to file a request for administrative hearing within (20) days from receipt of this
notice constitutes a waiver of your right to a hearing, and such waiver shall constitute an admission of the violation. (See instructions
below). The Fairhope Police Department is not required to respond to routine burglar alarms at locations for the following reasons.
1. Where six (6) or more alarms occur in the users registration year, and;
2. Where burglar alarm fines were not paid within 60 days of receiving a civil violation notice4, and;
3. Where registration information was not filed within 30 days of receiving a civil violation notice for failure to file alarm registration
information. Reinstatement of police service requires an inspection by a licensed alarm contractor, payment of unpaid fines, or filing of
required alarm registration information.
FINE SCHEDULE
1-3 False Alarms ..................................................... no charge
4`h False Alarms ..................................................... $ 50.00 + $10.00 (clerk surcharge)
5`h False Alarms ..................................................... $100.00 + $10.00 (clerk surcharge)
`h................................... $200.00 + 10.00 (clerk surcharge)
6 False Alarms .................. $
Failure to Register Burglar Alarm — 15` Offense ............................. $ 50.00 + $10.00 (clerk surcharge)
Failure to Register Burglar alarm — 2"d and subsequent offenses (each).......... $100.00 + $10.00 (clerk surcharge)
Violation of any Alarm Company Responsibility ............................. $100.00 + $10.00 (clerk surcharge)
Annual Burglar Alarm Registration Fee .................................... $ 25.00
3.
4.
5.
6.
7.
INSTRUCTIONS
Payments of penalties and requests for Administrative Hearings should be directed to:
Court Clerk
City of Fairhope
P. O. Box 429
Fairhope, Alabama 36533
*Appeal by Administrative Hearing of the notice of violation shall be accomplished by filing a request in writing to the above address within twenty (20)
calendar days from the date issued. Failure of the violator to appeal this notice within the prescribed time shall constitute a waiver of the violator's right
to any administrative hearing.
You may appear with or without counsel and produce witnesses on your own behalf.
You may be liable for reasonable costs of the administrative hearing upon a finding of guilty.
You may be liable for the City's costs and expenses incurred as a result of investigation and enforcement should you be found guilty of the violation.
Liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed.
Burglar Alarm Registrations and $25.00 Registration Fee should be directed to:
Fairhope Police Department
False Alarm Enforcement Unit
P.O. Box 429
Fairhope, Alabama 36533
(251) 928-2385
FAIRHOPE, ALABAMA - UNIFORM CIVIL VIOLAT TICE
DATE ISSUED* CODE INSPECTOR NAME DEPARTMENT BADGE # CASE # CITATION #
NAME OF VIOLATOR(S)
MAILING ADDRESS OF VIOLATOR (Street, City, State and Zip)
THIS NOTICE SUMMONS YOU TO ANSWER THE COMPLAINT THAT ON AT
YOU COMMITTED A VIOLATION OF SECTION CODE OF THE CITY OF FAIRHOPE TO WIT:
DESCRIPTION: Fourth false burglar alarm during registration period
LOCATION OF VIOLATION:
YOU SHALL:
1. PAY THE CIVIL PENAL OF $ AND CORRECT THE ABOVE VIOLATION IMMEDIATELY UPON RECEIPT OF THIS NOTICE. A SURCHARGE
OF $10.00 HAS BEEN ADDED TO THE ABOVE CIVIL PENALTY PER CITY OF FAIRHOPE ORDINANCE #
2. YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO APPEAL THE DECISION OF THE CODE INSPECTOR OFFICER IN WRITING WITHIN 20
DAYS FROM RECEIPT OF THIS NOTICE.
VIOLATOR
CODE INSPECTOR NAME
DATE
DATE
SERVICE: MAIL
Fairhope to pay the civil penalty and correct the violation or to file a request for administrative hearing within (20) days from receipt of this
notice constitutes a waiver of your right to a hearing, and such waiver shall constitute an admission of the violation. (See instructions
below). The Fairhope Police Department is not required to respond to routine burglar alarms at locations for the following reasons.
1. Where six (6) or more alarms occur in the users registration year, and;
2. Where burglar alarm fines were not paid within 60 days of receiving a civil violation notice4, and;
3. Where registration information was not filed within 30 days of receiving a civil violation notice for failure to file alarm registration
information. Reinstatement of police service requires an inspection by a licensed alarm contractor, payment of unpaid fines, or filing of
required alarm registration information.
FINE SCHEDULE
1-3 False Alarms ..................................................... no charge
4th False Alarms ..................................................... $ 50.00 + $10.00 (clerk surcharge)
51h False Alarms ..................................................... $100.00 + $10.00 (clerk surcharge)
6th False Alarms ..................................................... $200.00 + $10.00 (clerk surcharge)
Failure to Register Burglar Alarm - Vt Offense ............................. $ 50.00 + $10.00 (clerk surcharge)
Failure to Register Burglar alarm — 2"d and subsequent offenses (each).......... $100.00 + $10.00 (clerk surcharge)
Violation of any Alarm Company Responsibility ............................. $100.00 + $10.00 (clerk surcharge)
Annual Burglar Alarm Registration Fee .................................... $ 25.00
INSTRUCTIONS
1. Payments of penalties and requests for Administrative Hearings should be directed to:
Court Clerk
City of Fairhope
P. 0. Box 429
Fairhope, Alabama 36533
2. *Appeal by Administrative Hearing of the notice of violation shall be accomplished by filing a request in writing to the above address within twenty (20)
calendar days from the date issued. Failure of the violator to appeal this notice within the prescribed time shall constitute a waiver of the violator's right
to any administrative hearing.
3. You may appear with or without counsel and produce witnesses on your own behalf.
4. You may be liable for reasonable costs of the administrative hearing upon a finding of guilty.
5. You may be liable for the City's costs and expenses incurred as a result of investigation and enforcement should you be found guilty of the violation.
6. Liens in the amount of unpaid penalties can be filed against your real or personal property and may be foreclosed.
7. Burglar Alarm Registrations and $25.00 Registration Fee should be directed to:
Fairhope Police Department
False Alarm Enforcement Unit
P.O. Box 429
Fairhope, Alabama 36533
(251)928-2385
March 25, 2010
Jane Doe
123 Any Place
Wherever, AL 36532
Dear Jane Doe:
Civil Citation for False Alarm # 6
Police response to your audible and silent intrusion alarms has been
terminated.
On March 1, 2010, the Fairhope Police Department was dispatched to the
address shown above in response to an alarm activation. As per City of
Fairhope Ordinance 1177, this alarm activation was determined to be a false
alarm.
The City of Fairhope False Alarm Ordinance requires an alarm user to pay Civil
Violation fines starting at the 4th false alarm during the user's registration period.
Records indicate that the Fairhope Police Department has responded to 6 false
alarm activations to this address in the last year. As a result, a Civil Violation in
the amount of $ is attached. The $ fine must be paid within
60 days of this notice. In order to restore police response the following must be
accomplished:
1. A written report from a licensed burglar alarm company certifying that the
system has been insp4ected, repaired if required, and that it is in proper
functioning order must be submitted to the False Alarm Enforcement Unit.
2. All outstanding Civil Violations must be paid.
3. The location must have a current registration on file with the Fairhope Police
Department.
You may file a written appeal within 20 days with the Clerk of Courts. A separate
request is required for each false alarm notice. When considering whether to file
an appeal of a false alarm fine, please refer to the Appeal Guidelines, which are
attached to this letter.
If you have any questions regarding this notice or the false alarm reduction
program, please call the False Alarm Enforcement Unit at (251) 928-2385.
Sincerely,
False Alarm Enforcement Unit
Fairhope Police Department
March 25, 2010
Jane Doe
123 Any Place
Wherever, AL 36532
Dear Jane Doe:
Civil Citation for False Alarm # 4
On March 1, 2010, the Fairhope Police Department was dispatched to the
address shown above in response to an alarm activation. As per City of
Fairhope Ordinance 1177, this alarm activation was determined to be a false
alarm.
The City of Fairhope False Alarm Ordinance requires an alarm user to pay Civil
Violation fines starting at the 4th false alarm during the user's registration period.
Records indicate that the Fairhope Police Department has responded to 4 false
alarm activations to this address within your current registration year. As a
result, a Civil Violation is attached. The fine must be paid within 30 days of this
notice.
You may file a written appeal within 20 days with the Clerk of Courts. A separate
request is required for each false alarm notice. When considering whether to file
an appeal of a false alarm fine, please refer to the Appeal Guidelines, which are
attached to this letter.
If you have any questions regarding this notice or the false alarm reduction
program, please call the False Alarm Enforcement Unit at (251) 928-2385.
Sincerely,
False Alarm Enforcement Unit
Fairhope Police Department
FAIRHOPE POLICE DEPARTMENT
FALSE ALARM APPEAL GUIDELINES
An Administrative Officer assigned by the Clerk of the Court will conduct appeal Hearings.
According to the City of Fairhope False Alarm Ordinance, a false burglar alarm means a signal from a
burglar alarm system that elicits a response by the Police when no emergency or actual or threatened
criminal activity requiring immediate response exists. This definition includes signals activated by
negligence, accident, mechanical failure, and electrical failure; signals activated intentionally in non -
emergency situations; and signals for which the actual cause of activation are unknown. It is a rebuttable
presumption that a burglar alarm is false if personnel responding from the Police Department do not
discover any evidence of unauthorized entry, criminal activity, or other emergency after following normal
Police procedures in investigating the incident. An alarm is not false if the alarm user proves that:
(1) An individual activated the alarm based upon a reasonable belief that an emergency or actual or
threatened criminal activity requiring immediate response existed;
(2) The alarm system was activated by lightning or an electrical surge that caused physical damage to the
system, as evidenced by the testimony of a licensed alarm system contractor who conducted an on -site
inspection and personally observed the damage to the system or;
(3) If the user experienced a power outage of four or more hours, causing the alarm to activate upon
restoration of power, as evidenced by written documentation provided by your power company or other
applicable provider.
If emergency personnel respond and find no evidence of criminal activity or a medical need, the alarm call
will be cleared as a false alarm.
An Alarm Dispatch Request, which is canceled by the Alarm Monitoring Company prior to the arrival of
emergency responders, shall not be considered a False Alarm Dispatch.
When considering whether to file an appeal of a false alarm assessment, please note that the following
will be considered false alarms by the Administrative Officer hearing the case:
1. Faulty, defective or malfunctioning equipment supplied by the alarm business.
2. Improper installation or maintenance by the alarm business.
3. Improper monitoring by the alarm business.
4. Alarm activations, which occur while alarm technicians are repairing, servicing or testing the
alarm system.
5. An occurrence where no evidence of criminal activity is present.
6. Mistakes made by private contractors, maids, cleaning crews, realtors, etc.
7. Improper maintenance of the alarm system by the alarm owner (including neglect of backup
power/battery supplies).
8. Items within the home or business which move and cause motion detectors to activate, i.e.,
curtains, signs, balloons, plants, pets, etc.
9. Glass break detectors, which activate due to noises or sounds other than actual glass breakage.
10. Doors and/or windows that become loose and cause a break in the contacts, which activate the
alarm.
11. Caretakers who watch homes or businesses when owners are away.
12. Pets, rodents, wildlife.
March 25, 2010
Jane Doe
123 Any Place
Wherever, AL 36532
Dear Jane Doe:
Notice of False Alarm Activation - # 3
On March 1. 2010, the Fairhope Police Department was dispatched to the
address shown above in response to the 3rd alarm activation within the location's
registration period. As per City of Fairhope Ordinance 1177, this alarm activation
was determined to be a false alarm.
This Ordinance states that no burglar alarm use shall cause, allow, or permit the
burglar alarm system to give four (4) or more false alarms in any registration
period. After the 3rd false burglar alarm within the user's registration period, fines
will be assessed accordingly. Since you fall within the three -alarm limit, no
charges have been assessed to you.
To prevent additional notifications and future false alarm service fees, you may
wish to contact your alarm company to receive additional instructions on the
proper use of your alarm system, keeping your system maintained in proper
working order, and ways -to prevent future false alarms. Alarm systems are a
good and valuable tool in the fight of crime. However, the purpose of our
Ordinance is to place responsibility on the alarm user and the alarm company to
prevent, by use of appropriate mechanical, electrical, or other means, false
burglar alarms and to reduce the time Police Officers respond to false alarms.
If you have any questions regarding this notice or the false alarm reduction
program, please refer to the Appeal Guidelines, which are attached to this letter
or contact the False Alarm Enforcement Unit at (251) 928-2385.
You currently have an outstanding balance of: $0.00.
If an amount other than $0.00 is shown, please contact our office immediately for
additional information.
Sincerely,
False Alarm Enforcement Unit
Fairhope Police Department