§ 5-7. False alarms.

(a)

False fire alarms defined. A fire alarm means the activation of a fire alarm system through mechanical or electronic failure, malfunction, improper installation, or the intentional acts or negligence of the alarm user, his/her employees or agents, to summon fire department personnel, unless fire department response was cancelled by the alarm company (designated by the alarm user) prior to fire department personnel arrival on the scene. An alarm is false within the meaning of this chapter when, upon inspection by the fire department, evidence indicates that no fire, smoke or other condition exists in or on the premises which would have activated a properly functioning fire alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm which can reasonably be determined by the investigating officer to have been caused or activated by a violent condition of nature including but not limited to flood, hurricane, lightning, blizzard or other similar condition outside the alarm user's control. In addition, an alarm activated during an alarm system testing procedure shall not be considered a false alarm if the alarm user first notifies the fire department and notifies and receives permission from the user's alarm company, or designee, to test the system. This section shall not apply to burglar alarms or other types of alarms to which fire department response is neither required nor customary.

(b)

Civil penalty for false alarms. No civil penalty shall be incurred for the first or second false alarms occurring during any rolling 90-day period. The third occurrence of a false alarm in any 90-day rolling period shall result in a civil penalty of two hundred fifty dollars ($250.00) or as specified in the then-current fees, rates and charges schedule adopted as part of the city annual operating budget. Each additional false alarm, in excess of three (3), occurring in the same rolling 90-day period shall result in additional civil penalties in accordance with this section. For this section, a "rolling" time period shall begin on the date of the first event and end ninety (90) days from that date if no further events occur. If additional events occur prior to the date that is ninety (90) days from the date of the first event, the ninety (90) days may "roll" forward until ninety (90) days pass without the occurrence of an event.

(c)

Duties of the alarm user, his/her employees or agents.

(1)

Users shall maintain the alarm system and related premises in a manner that will reduce or eliminate false alarms.

(2)

Users shall respond to or cause a representative to respond to the alarm system's location within thirty (30) minutes of being notified by the city fire department and/or city emergency communications to deactivate an alarm system; provide right of entry to the premises; provide alternative security for the premises; and/or take control of the premises upon fire department release of the premises and departure.

(3)

Users shall not manually activate an alarm system for any reason other than for the systems intended purposes; to perform an emergency evacuation drill (fire drill) as required the North Carolina Fire Code; or to perform routine maintenance as prescribed by alarm system provider, and only after notice to and permission for such testing from the alarm company and the city fire department.

(4)

Failure to follow the requirements of this section shall result in a fine of two hundred fifty dollars ($250.00) per occurrence. This fine shall be assessed in addition to any other fines assessed under other sections of this chapter. In addition to this fine, neither the responding officer, nor the city fire department shall have, nor assume any responsibility for securing, guarding or otherwise protecting any real or personal property that may have become exposed during the event resulting in the alarm.

(Ord. No. 2019-16 , § 3, 4-8-19)