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Home My WebLink AboutORD 7106 AMEND ARC CODE FALSE ALARMS , . ORDINANCE NO.7106 AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE THREE- PUBLIC SAFETY, TO CREATE A NEW CHAPTER TWO, TO BE CALLED "CHAPTER TWO FALSE ALARMS"; TO CREATE A SYSTEM OF GOVERANCE FOR ALARM SYSTEMS INTENDED TO SUMMON A PUBLIC SAFETY RESPONSE; TO ESTABLISH FEES; TO PROVIDE FOR PENALTIES FOR VIOLATIONS; TO ESTABLISH A SYSTEM OF ADMINISTRATION FOR ALARM SYSTEMS; TO SET CONDITIONS FOR SUSPENSION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County desires to encourage alarm users to properly use and maintain alarm systems and to reduce or eliminate false alarms that may unduly divert Public Safety resources. ' WHEREAS, based on the foregoing, the Augusta-Richmond County Commission, recommends adopting a system of governance for alarm systems intended to summon a public safety response; THE AUGUSTA-RICHMOND COUNTY COMMISSION, ordains as follows: TITLE 111- PUBLIC SAFETY, CHAPTER TWO. Augusta-Richmond-County Code Title III- Public Safety, Chapter Two, as set forth in the Augusta-Richmond County Code, re adopted July 10, 2007, is hereby amended by striking this Chapter reference in its entirety and inserting in lieu thereof a new Chapter Two, called "Chapter Two False Alarms" as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this -=- day of ,.l~b:.. 2009. Seal: ':.' '"~~;~'::~::::~~:~.:.~.'.~~'; .':.~; :'~" \, , '..:~ . ~I:t" .......3 _ ';'_ ~/}. . ."~~l k)"'~ ..' "'_," '^ :f,f, :' ,;~~, . ~ ';;>q, J.. 'rl ,',';':~ \. 4 . ,_ _ .':- " - 'I 'It,.. I. e " Of <Sonimissiort : ~ ~ {l\ t, .~~, . '" . '- -;. !"';f ;1 \.~ \1 . P ',.~ c''"' ....., ....",.p 'I;;;\:"'::,:~if~~i~/ cJ~. II- David S. CopetMaver As its Mayor ----- Exhibit A Title III Chapter 2 PUBLIC SAFETY FIREARMS RESERVED Chanter 2 FALSE ALARMS Sec. 3-2-1. Purnose. To encoura2:e alarm users to oronerly use and maintain alarm systems and to reduce or eliminate false alarms that may undulv divert Public Safety resources. This section 2:overns svstems intended to summon a Public Safety resnonse. establishes fees. orovides for nenalties for violations. establishes a svstem of administration. and sets conditions for susnension. Sec. 3-2-2. Definitions. The followin2: words. terms and nhrases. when used in this section. shall have the meanin2:s ascribed to them in this subsection. excent where the context clearly indicates a different meamn2:: (a) Alarm Administrator means the Director of 9-1-1. (b) Alarm svstems business means a nerson or business subiect to the licensin2: reauirements of AU2:usta-Richmond Countv and en2:a2:ed in sellin2:. leasin2:. installin2:. servicin2: or monitorin2: alarm svstems within the AU2:usta-Richmond County. Geor2:ia. (c) Alarm user means anv owner. tenant or other nerson or entity that uses or is in control of an alarm svstem within AU2:usta-Richmond County. Geor2:ia. (d) Alarm site means the 2:eo2:ranhicallocation of a snecific alarm system. (e) Alarm svstem means anv assemblv of eauinment. mechanical or electrical. device or series of devices. includin2:. but not limited. to systems interconnected with a radio freauencv method such as cellular or nrivate radio si2:nals. which emit or transmit a remote or local audible. visual or electronic si2:nal indicatin2: an alarm condition and intended to discoura2:e crime and summon a Public Safety resnonse. (f) Automatic dialinf! device means an alarm svstem which automatically sends. via telenhone. a ore-recorded voice messa2:e or coded si2:nal indicatin2: the existence of an emer2:encv situation. (g) AUf!usta means the AU2:usta-Richmond County consolidated 2:overnment or its a2:ents. (h) Commercial vremises means any structure or area which is not defined in this section as a 2:overnmental or residential nremise. (i) Countv means Richmond Countv. Geor2:ia. or its a2:ent. 0) Deactivated alarm means an alarm system that has the orimarv and secondarY Dower and the telenhone line disconnected at the alarm control nanel. (k) False alarm means the activation of an alarm system for any reason other than a bona fide reauest for Public Safety assistance. A false alarm for this section does not include: (1) (2) An alarm caused bv nhvsical dama2:e to the alarm svstem as a result of li2:htnin2:. wind. or other meteorolo2:ical event. where there is clear evidence of nhvsical dama2:e to the alarm svstem: or (3) An alarm caused bv disconnection of a telenhone circuit beyond the control of the alarm user or the alarm user's a2:ent. verified bv written communication from the telenhone comnanv: or (4) An alarm caused bv continuous electrical Dower disruntion in excess of four hours. (I) (m)Governmental vremises mean a structure or area onerated bv a 2:overnment entity not includin2: oremises leased to non-2:overnmental entities. (n) Permit vear means a calendar year from Januarv to December. (0) Public Safetv Resvonder means the sheriff. nolice. fire or EMS services for AU2:usta. Richmond County. Geor2:ia. (p) Residential vremises mean any structure servin2: as a home. residence. or sleenin2: nlace bv one nerson or bv two or more nersons who maintain a common household consistent with the nrovisions ofthe Zonin2: Ordinance for AU2:Usta. Richmond County. Geor2:ia. Sec. 3-2-3. Alarm systems. Everv Alarm System Business shall re2:ister annually with AU2:usta-Richmond County. Each re2:istration shall nrovide the followin2: information: (a) Name. street address and telenhone number ofthe Alarm Systems Business. (b) The Alarm Systems Business license number issued bv the State of Geor2:ia. Sec. 3-2-4. Restrictions. Automatic dialin2: devices nrohibited. No alarm user shall onerate an alarm system eauinned with an automatic dialin2: device nro2:rammed to connect directly to the 9-1-1 Center either via 9-1-1 or any administrative lines of the 9-1-1 Center. Alarm users usin2: an automatic dialin2: device dialin2: device oro2:rammed to connect directly to 9-1-1 Center shall be determined to be oneratin2: a non-nermitted alarm system. Such use shall be a violation of this section. Sec. 3-2-5. Penalties for false alarms. ResDonsibilitv for false alarms shall be borne bv the alarm user. The followin2: Denalties shall be reauired for each false alarm Der alarm system within one Dermit year: (1) First and second false alarms there is no oenaltv: (2) The third false alarm will result in written notification that the next false alarm will result in a oenaltv: (3) The fourth and fifth false alarms: $25.00 each: (4) The sixth and seventh false alarms: $50.00 each: (5) The ei2:hth and above false alarms: $100.00 each: (b) For any violation of the orovisions of this section other than a false alarm. a violator shall be subiect to a Denaltv in the amount of$50.00. (c) AU2:usta-Richmond County may offer an alarm awareness class to alarm users. Alarm users may attend the class. if available. in lieu of Davin 2: one civil oenaltv Der calendar Year. (d) After resoondin2: to an alarm and determinin2: that the alarm was false. the oublic safety resoonder shall leave written notice at the alarm site that there was a false alarm. The notice shall include the identity of the resoonder and time ofresoonse. ( e) The alarm user shall not be liable for a false alarm that occurs at an alarm site for which the alarm user has oreviouslv 2:iven a written disconnection notice to the alarm systems business or monitorin2: service. (f) Payment of oenalties: Penalties shall be oaid within 30 days from the date of the notification. Violators shall be issued a written invoice which must be oaid within 30 days of the notification date. If not oaid within the 30-dav oeriod. then an additional twentvfive dollars ($25.00) delinauencv char2:e shall be assessed for each 30-dav Deriod thereafter until oaid in full. (g) The Alarm Administrator is herby authorized bv the AU2:usta-Richmond County Commission to enforce the false alarm ordinance and may issue notifications and invoices for violations of this chaoter. (h) The General Counsel of AU2:usta-Richmond County. or desi2:nee. is authorized to file suit on behalf of the AU2:usta-Richmond County to collect any unoaid citations and any delinauencv char2:e. and the Alarm Administrator. or official desi2:nee. is authorized to verify and si2:n comolaints on behalf of AU2:usta-Richmond County in such suits. If liti2:ation is reauired to recover the oenalties and delinauencv char2:es. the General Counselor desi2:nee. in addition to the Denalties and delinauencv char2:es. may recover reasonable attorneys' fees and other costs incurred in brin2:in2: the action and collectin2: the iud2:ment. . (i) Eauitable remedy: AU2:usta-Richmond County may enforce the orovisions of this section bv aoolvin2: to a court of comoetent iurisdiction for an iniunction. abatement order or any other aoorooriate eauitable remedy. Sec. 3-2-6. No oublic duty: The oermittin2: of an alarm system is not intended to. nor will it create a contract. duty or obli2:ation. either exoressed or imolied. of resoonse. Anv and all liability and conseauential dama2:e resultin2: from the failure to resoond to a notification is hereby disclaimed and 2:overnmental immunity. as orovided bv law. is retained. Bv re2:isterin2: the alarm system. the alarm user acknowled2:es any resoonse may be based on factors such as availability of Public Safety units. orioritv of calls. weather conditions. traffic conditions. emer2:encv conditions. and staffin2: levels. Sec. 3-2-7. Reneal of con flictin f! nrovisions. All ordinances or Darts of ordinances in conflict herewith are hereby reoealed to the extent of such conflict. Sec.3-2-8. Severabilitv of orovision: Anv oart or orovision of this ordinance found bv a court of comoetent iurisdiction to be in violation of the Constitution or laws of the United States or the State of Geor2:ia is hereby deemed severable and shall not affect the validity ofthe remainin2: orovisions of the ordinance. CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on Feb 3 the , 2009 and that such Ordinance has not been modified or rescinded as ofthe date hereof and the undersigned further certifies that attached hereto Ordinance which was approved and adopted in the foregoing meeting(s). i.:rC~-:'~ ;:~!j,'~'q\,,,~ ~~ ~l\.;.tJ..it?,J)/'!i'~" ~~l\ oil,:- . ,./ _..:>.. i. _ ..~ ,,'~ ::.:.~ ~'b ~.'" .~'t.c.~')~,,_, ~r' ~.~ .. ~"''J }::l"~~'" ",,'>I),~. ~.~:, ~" , .. A ~ , . ;' 1\.' '-4 .... ',;., i'~ Clerk of CbrrimiS~i6ri' ~ ,&,J~~ '\' ~ ~ t,l~: i ., ,;iJ';';, '. ,~ ~J' Published in the Augusta Cfir<5J.1ide...Cp...../. ,.:;b' ',~ "'\.-l l,i.. 't.f;'--v:', , #.V fof ~ go' . ....' gs(l., ''t,,~. .~\\;.~~ .' 'I.:I".,;;>6..;.,1;~-" "tA/ +h' . '. "h:~~;;\"",~, '~~." ..-:t} ~~" c',." _,"v -l:{... CEO'll.;<' ,;:~:p' "l'r:l.'<l,'!i'<:...;;..~..."'.,:;<;-' is a true copy of the Date: Feb 19,2009