Article 01: General Provisions

58-1.       Purpose and Intent.

It is the intent of this chapter to establish a penalty assessment for unreasonable numbers of false alarms or any malicious false alarm for the following reasons:

     A.  The Town of Durham is cognizant of hazards posed by and the fiscal impact of false alarms; and

     B.  Needless false alarms can often be reduced via proper maintenance, education and a concern for their prevention.

58-2.  Administration.

     A.  TITLE.   The title of this chapter shall be the " False Alarms."

     B.  PURPOSE.  The purpose of this chapter is to reduce undesirable environmental, medical, burglar or security and fire alarm activations which tax the Fire and Police Departments' abilities to provide adequate services for true emergencies and other essential business operations.   Additionally,  it is the intent of  this chapter to reduce the fiscal impact false alarms have upon the Town.

C.  SCOPE. This chapter applies to all alarm systems in the Town of Durham, regardless of reporting method, in which more than five (5) false alarms are received in the twelve (12) month period of January 1 to December 31 inclusively, and to all malicious false alarms.

58-3.  Definition

Malicious False Alarms: Means the negligent or intentional misuse of a device resulting in the activations of the system, but does not include the activation of an alarm system under circumstances that would have caused a careful or prudent person to believe that an emergency was in progress at the owner’s building or in circumstances where the owner has notified the Fire or Police Department in advance of work being done on the alarm system that could cause a false alarm.

58-4.  Application.

A.  The Fire and Police Departments shall track false alarm responses in calendar years. The appropriate department will inform the responsible property owner of the incidence of a false alarm and the potential penalties under this chapter. False alarms in excess of five (5) per calendar year shall be submitted to the Business Office for penalty assessment and billing. False alarms caused by an Act of God such as electrical storms, storm flooding, etc. shall not be counted for the purpose of this chapter.

B.     The Fire and Police Departments shall submit their reports to the Business Office on a monthly basis and shall initiate invoices for fines due within thirty (30) days of their occurrence. Penalties will be due 30 days from the billing date.

C.     Fines shall be assessed for false alarms which shall be included within the Town-wide Master Fee Schedule as established by the Administrator with the advice and consent of the Town Council.

D.  New alarm installations shall be granted a waiver period of forty‑five (45) days following initial completion of the alarm system installation to provide for necessary maintenance, adjustments, etc. to the system.

58-5. Appeals

Any party aggrieved by the decision of the Fire or Police Department relating to an administrative decision in the assessment or collection of the fine or fines authorized by this section may appeal such decision to the Town Administrator within five (5) business days of the decision. The Town Administrator shall have the authority to affirm, reverse, or modify the administrative decision.

(Chapter 58 was amended by Ord. #2012-05 dated 6/4/12)