An Ordinance Regulating Alarm Systems

PUTNAM COUNTY

INDIANA

AN ORDINANCE REGULATING ALARM SYSTEMS,

NUISANCE 911 CALLS, AND

PRESCRIBING PENALTIES

ORDINANCE NO. 022294

WHEREAS, The County of Putnam is desirous of the enactment of an ordinace for the purpose of reducing the number of false police and fire alarms by residences and businesses of the County; and

WHEREAS, The County of Putnam is desirous of the enactment of an ordinace for the purpose of reducing the number of nuisance 911 calls or of any false calls reported to any emergency/public safety service in Putnam County; and

WHEREAS, The registration and control of alarm systems allows for more safe, prompt and reliable dispatch of emergency personnel by advocating minimum standards for the use of alarm systems in Putnam County and by supplying a database of all registered alarm systems in Putnam County that is readily available to all Putnam County Public Safety Agencies; and

WHEREAS, Notwithstanding due care and caution, each and every time an emergency vehicle is called to answer a false alarm or call, the citizens of the County is greatly endangered, which could result in causing serious injury or loss of life to an innocent bystander or emergency personnel; and

WHEREAS, The dispatch of emergency personnel to a false alarm or call removes that resource from responding to actual and true emergencies; and

WHEREAS, The average cost for each emergency run that a Putnam County Public Safety Agency undertakes is substantial;

NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Putnam, Indiana, as follows:

CONTENTS OF ORDINANCE

Article I Definitions

Article II Nuisance 911 Calls

Article III Alarm Systems

Article IV Effective Date

ARTICLE I

DEFINITIONS

SEC. 1. DEFINITIONS

SEC. 2.

ARTICLE I

DEFINITIONS

SECTION 1. DEFINITIONS

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word “shall” is always mandatory and not merely directory.

(A) ALARM SYSTEM means a device or system that transmits or relays a signal off the premises intended to summon the public safety services of a community. Alarm System does not include:

(1) an alarm installed on a motor vehicle unless the vehicle is permanently located at a site; nor

(2) an alarm designed to alert only the inhabitants of a premises; nor

(3) a local alarm.

HOWEVER, an alarm system does include but is not limited to the following:

(1) Automatic Dialing Device (an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation.);

(2) Alarm systems monitored and reported by alarm monitoring companies; or

(3) Special trunkline systems.

(B) ALARM NOTIFCATION means a notification intended to summon a pre-selected public safety agency or agencies, which is designed either to be initiated purposely by a person or by an alarm system that responds automatically to some predetermined sensor or action.

(D) CALL FOR ASSISTANCE means any person-to-person request for the response of emergency services to a site. A Call for Assistance is normally communicated verbally by telephone, but could be communicated in person, or by any other person-to-person communication.

(E) EXECUTIVE means the Chief Administrator of a public safety agency. For example, the Chief of a police department or fire department.

(F) FALSE ALARM NOTIFICATION means an alarm notification to a pre-selected public safety agency, when the responding emergency personnel finds no evidence of an emergency situation, e.g. no evidence of a criminal offense or attempted criminal offense, fire, or medical emergency, including such situations caused by a mechanical malfunction, failure, improper installation, or maintenance negligence. Excluded from this definition are:

(1) alarms occurring during electrical storms, tornado, blizzards and acts of God; or,

(2) the intermittent disruption of the alarm system or telephone circuits beyond the control of the alarm company and/or alarm users; or,

(3) electrical power disruption or failure; or

(4) vandalism or physical abuse; or,

(5) alarms caused by a failure of the equipment at the public safety communications center.

(G) LOCAL ALARM means an alarm system that emits an indicator at an alarm site that is audible or visible from the exterior of the structure. All audible and visible indicators shall not operate for more than fifteen (15) minutes per occurrence.

(H) NUISANCE PHONE CALL MEANS any phone call to a public safety agency in which the purpose of the call was not a valid request for emergency services or a request for information. Examples of a Nuisance phone call include calling an emergency service and then immediately hanging up after the call is answered, calling an emergency service to make obscene noises or other distracting noise, etc.

(I) PERSON means an individual, corporation, partnership, association, organization or similar entity.

(J) SPECIAL TRUNKLINE or DIRECT ALARM SYSTEM means a telephone line leading into the communications center of a public safety agency that is for the primary purpose of receiving emergency messages that originate from automatic protection devices and transmitted directly or through an alarm monitoring company.

(K) 911 Advisory Committee shall be that committee created under Putnam County Ordinance 123091. The 911 Advisory Committee shall serve as the Alarm Review Board for Putnam County.

ARTICLE II

NUISANCE 911 CALLS

SEC. 1. PURPOSE

SEC. 2. FALSE CALLS

SEC. 3. DISPATCH RECORDS

SEC. 4. NUISANCE CALLS

SEC. 5. TESTS

SEC. 6. APPEAL

ARTICLE II

NUISANCE 911 CALLS

SECTION 1. PURPOSE

(A) The intent of this section of the ordinance is to discourage the citizens of Putnam County from making false calls for assistance and nuisance phone calls to Putnam County Public Safety Agencies.

(B) This section of the ordinance governs false calls for assistance and Nuisance

phone calls to any Putnam County Public Safety Agency.

SECTION 2. FALSE CALLS

All False Calls for Assistance shall be referred immediately to the appropriate Law Enforcement Agency for investigation. Pursuant to 35-44-2-2 of the Indiana Code, any person who gives a false call for assistance has committed the crime of False Informing, a Class B Misdemeanor.

SECTION 3. DISPATCH RECORDS

Any Putnam County Public Safety Agency that wishes to pursue Section 4 of this ordinance shall maintain the following information detailing the call for assistance:

(A) The date and time of the call.

(B) The telephone number of the caller as revealed either by Automatic Number Identification, call tracing devices, or official telephone company call logging methods.

SECTION 4. NUISANCE CALLS

(A) Nuisance Calls made to any Putnam County Public Safety Agency’s published emergency telephone number within a year period which involves the immediate disconnection at the caller’s end without any voice sampling available shall follow this schedule:

Number of Calls Action Taken

1-3 Notification by Telephone

4-5 Written Notice

6 Written Warning

7+ Fine not to exceed $50 for each call

(B) Nuisance Calls made to any Putnam County Public Safety Agency’s published emergency telephone number within a year period which involves audible voice sampling from the caller’s end shall follow this schedule:

Number of Calls Action Taken

1-2 Notification by Telephone

3 Written Notice

4 Written Warning

5+ Fine not to exceed $50 for each call

(C) Nuisance Calls made to any Putnam County Public Safety Agency’s published emergency telephone number which involves audible voice sampling of an obscene nature or which involves obscene or profane language upon the part of the caller or in which it is the caller’s intent to interfere with the emergency operations of the public safety agency shall be investigated by the appropriate law enforcement agency. Any person who has made such Nuisance Calls shall be penalized a fine not to exceed $500.

SECTION 5. TESTS

This ordinance does not apply to those calls which are scheduled in advance either by notification to the public safety agency in writing or by telephone call on a non-emergency telephone number to the public safety agency or its executive for the purpose of testing.

SECTION 6. APPEAL

Any person may appeal a written warning issued by a Putnam County Public Safety Agency to the Putnam County 911 Advisory Committee. Such appeal shall be heard by the Committee during a regular public meeting and shall be in keeping with the Indiana Open Door Statute. The Committee may find upon preponderance of the evidence that the Warning was issued justifiably or not so. If the warning was issued justifiably then the warning shall stand. If it was not, then the warning shall be withdrawn.

ARTICLE III

ALARM SYSTEMS

SEC. 1. PURPOSE

SEC. 2. REGISTRATION REQUIRED; FEE; FALSE STATEMENTS.

SEC. 3. PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE

SEC. 4. AUDIBLE ALARM REQUIREMENTS

SEC. 5. ALARM REPORTING

SEC. 6. ALARM DISPATCH RECORDS

SEC. 7. SYSTEM PERFORMANCE REVIEWS; SUSPENSION OR REVOCATION.

SEC. 8. FALSE ALARM NOTIFICATIONS; OTHER PENALTIES.

SEC. 9. TESTS

SEC. 10. APPEAL

SEC. 11. PROTECTION OF FINANCIAL INSTITUTIONS; SPECIAL TRUNKLINES AND MONITORING FEE; LIABILITY OF COUNTY LIMITED.

ARTICLE III

ALARM SYSTEMS

SECTION 1. PURPOSE

(A) The Purpose of this section of this ordinance is to encourage security alarm system users, alarm businesses (sales, installation, customer service and/or monitoring), fire/hazardous materials leakage sensing notification systems and home medical emergency panic alarms to maintain operational reliability and the proper use of alarm systems in the limiting of unnecessary service responses to alarms. It is also to provide minimum standards and regulations applicable to burglary, holdup, fire, panic, and emergency medical alarm systems; establish fees and provide for punishment of violations of provisions as defined in this ordinance.

(B) This ordinance governs all types of alarms systems designed to summon the response of emergency services, requires registration, establishes fees, provides for penalties for violations, and establishes a system of administration.

SECTION 2. REGISTRATION REQUIRED; FEE; FALSE STATEMENTS.

(A) A person commits an offense if he causes or allows an alarm notification from an alarm site that has not been properly registered with the Putnam County 911 Director. A separate permit is required for each alarm site.

(B) Upon receipt of a completed Registration Form and a one time only non-refundable registration fee of $40.00, the Putnam County 911 Director shall maintain a file secured from public access on each alarm site. The 911 Director shall also forward copies of all pertinent response information to the Executive of the appropriate Putnam County Public Safety Agency. The 911 Director shall issue a registration receipt which shall be required to be posted at the alarm site and accessible for review by any responsible public safety agency.

(C) The Registration Form shall be designed by the Putnam County 911 Director and must contain the following minimal information:

(1) The name, address and telephone numbers of the person responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article;

(2) The type of alarm system located at the alarm site, i.e. burglary, robbery, personal hostage, panic, medical emergency, fire or hazardous materials detection.

(3) The type of trigger for the alarm system (except robbery), i.e. person activation, smoke sensing, heat sensing, etc. Because of the security involved in most robbery in progress type alarm systems, persons operating this type of alarm system are exempt from completing this type of requirement in the registration form.

(4) The name and 24 hour telephone number of the installing and maintaining alarm company or maintenance technician.

(5) The business name (if any), address, driving directions, business hours (if any), and day or business telephone number of the alarm site.

(6) The names and telephone numbers of at least two persons responsible to respond to the alarm site upon alarm notification after normal business hours.

(7) The date of installation of the alarm system.

(D)A registration may be denied by the 911 Director if:

(1) The applicant for the Registration does not comply with the standards and/or regulations adopted pursuant to this ordinance.

(2) The alarm system or proposed system does not comply with the standards and/or regulations adopted pursuant to this ordinance.

(3) The applicant, his employee or agent had knowingly made any false, misleading or fraudulent statement of material fact in the application for registration.

(4) The applicant has had a previous registration revoked for just cause within the past year unless the applicant can show a material change in circumstances since the date of the revocations.

If a registration is denied, the reasons for denial shall be set forth in writing and provided to the applicant. If the basis for denial can be corrected, the writing shall so state, and shall explain how these corrections may be made and set a reasonable time limit for making such corrections. The notice of denial shall inform the applicant that he or she may appeal the denial as set forth in the procedure for appeal.

(E) An alarm registration cannot be transferred to another person.

(F) The person cited in (C)(1) above shall inform the Director of any change that alters any information listed on the registration within ten business days of the change. Such notification shall be made in writing. No fee shall be assessed for such changes.

(G) All fees owed must be paid before the 911 Director can issue a receipt.

(H) The following are exempt from the payment of any registration fees; however, this does not exclude the requirement for registration:

(1) An alarm installed upon premises occupied by the United States, the State of Indiana, or any political subdivision thereof (including public schools).

(2) An alarm installed upon premises owned and/or maintained by an educational institution.

(3) An alarm installed within a structure used strictly as a private dwelling.

(I) Any person with an alarm on the effective date of this ordinance must apply for registration within 60 days after the effective date.

SECTION 3. PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE

(A) The Putnam County 911 Advisory Committee may prescribe reasonable minimum standards and regulations for the construction and maintenance of all alarm systems installed within the County of Putnam. These standards and regulations must meet or exceed any standards and/or regulations established by the County of Putnam and State of Indiana. All devices must meet or exceed such standards and regulations before any alarm system is registered pursuant to this ordinance.