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HENDRICKS
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AMENDED ORDINANCE NO. 1998-26
Ordinance Regarding Alarm Systems
WHEREAS, there are businesses and residences in Hendricks County that utilize alarm systems, that require special responses from the public safety agencies of the county, primarily the Hendricks County Sheriff’s Department. The agencies in question respond to protect and preserve the health, safety, and welfare of the occupants and/or properties of said businesses and residences as well.
WHEREAS, County Commissioners find that said alarms frequently produce false and/or accidentally set alarms requiring County Law Enforcement Agencies to provide responses when no situation of no emergency nature has actually developed
WHEREAS, the concern over requiring the dispatch of County Law Enforcement Agencies demands reasonable regulation of alarms in said business, residences, and/or automobiles, to protect the health and well being of the citizens of the County.
WHEREAS, the County Commissioners desire to minimize and control the potential adverse effects of dispatching County Law Enforcement Agency units to non-emergency situations often during and to the exclusion of services rendered during actual emergencies which could reduce the welfare of the citizenry and inhibit County Law Enforcement Agencies from rendering aid to others in time of need.
WHEREAS, it is not the intent of the County Commissioners to suppress the right of all persons to provide for their increased security by owning, operating, installing, or having installed an alarm, but to enact a content neutral ordinance which addresses the secondary effects of said alarms such as repeated false and/or accidental alarms.
WHEREAS, it is the intent of the County Commissioners to provide County Law Enforcement Agencies a means by which responsibility for false alarms is born by those responsible for said alarms within Hendricks County.
WHEREAS, the voluntary registration of alarm systems with the Hendricks County Sheriff’s Department allows them to handle the event in a more expedient and efficient manner resulting in less cost to the county.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENDRICKS COUNTY, as follows:
ARTICLE 1 TITLE
This Ordinance shall be titled “Alarm Systems”:, and may be cited as such, Reference shall be Amended – Ordinance Number 1998-26
ARTICLE II PURPOSE
To establish required fees, encourage registration of alarm systems, and to provide penalties for violations of said ordinance and to encourage security alarm users and alarm businesses (sales, installations, customer service and/or monitoring) to maintain the operational reliability and proper use of alarm systems, limiting of unnecessary responses to alarms by the County Law Enforcement Agencies.
ARTICLE III DEFINITIONS
ALARM AGENT: Any person who is employed by an alarm business either directly or indirectly, whose duties include selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, or installing on or in any building structure, facility, or grounds any alarm system
ALARM BUSINESS: Any individual partnership, corporation, or other entity who in addition to selling alarm systems, also leases, maintains, services, repairs, altering, replaces, moves, or installers any alarm system or causes to be sold, leased, maintained, services, repaired, altered, replaced, moved, or installed any alarm system in or on any building, structure, facility or grounds.
ALARM SYSTEM: Any device used for the detection of an unauthorized entry or attempted entry into a building, structure, facility, or grounds or for alerting others on the commission of an unlawful act within a building, structure, facility, or grounds, which when activated causes notification to be made directly or indirectly to a Law Enforcement Agency.
For the purpose of this article, the following shall be considered exempt:
(1) An Alarm installed on a motor vehicle
(2) An alarm installed upon premises occupied by the United States, the State of Indiana, or any political subdivision thereof.
(3) An alarm which signals or alerts only the occupants of the premises protected by the alarm system.
(4) An alarm occurring during electrical storms, hurricanes, tornados, blizzards, or other acts of nature
(5) Circumstances not reasonably under the control of the alarm user, installer or maintainer (the responsibility to show causation is that of the user, installer, or maintainer)
ALARM NOTIFICATIONS: A notification intended to summons a Law Enforcement Agency, which is designed either to be initiated purposely by a person or by an alarm system that responds to an unlawful entry, attempted entry, or any other unauthorized intrusion.
ALARM SITE: A single premises or location served by an alarm system
PANIC ALARM: Any device that is designed or intended to be manually activated by a person, whether in a business residence or automobile, who has encountered an actual or perceived emergency situation.
AUTOMATIC DIALING DEVICE: Any device that is designed or intended to automatically dial, via telephone lines, any Law Enforcement Agency and report an emergency such as a burglary or holdup.
REMOTE ALARM REPORTER: Any device that is designed or intended to provide An audible (bell tone, siren, etc) Response, in the event of a burglary/holdup, to a remote Site such as the Hendricks County Sheriff’s Department Communications Center.
FALSE ALARM NOTIFICATION: Any alarm notification, whether direct or indirect, to a Law Enforcement Agency, when the responding officer finds no evidence of a criminal offense or attempted offense.
ARTICLE IV REGISTRATION FEES AND TERMS
Registration shall be on the form provided by the Hendricks County Sheriff’s Department and registration shall remain on file with the agency only.
There is no fee required in the issuance of an alarm registration.
Any alarm system registration issued pursuant to this article shall be valid for a term of two (2) years commencing from the date of issuance.
An alarm system registration issued pursuant to this article shall be personal to the registration holder for a specific location and is not transferable.
ARTICLE V PROHIBITED ACTIVITY & FINES
It shall be unlawful for a person who owns or controls property on which an alarm system is installed to issue, cause to be issued, or allow the issuance of more than two (2) false alarms in a calendar year. Provided, however, this section shall not apply to an alarm system which emits a false alarm with thirty (3) days after installation of the alarm system.
Fines will be established as follows plus Court Costs:
Registered Unregistered
1. First two(2) non-exempt false alarms Written warning Written warning 2. Third (3rd) non exempt false alarm 15.00 25.00 3. Fourth (4th) non exempt false alarm 30.00 50.00 4. Fifth (5th) non exempt false alarm 60.00 80.00 5. Sixth (6th) non exempt false alarm 90.00 125.00 6. Seventh (7) or greater non exempt false alarms 150.00 250.00
In addition to the penalties provided for in this section, any act or any person, firm or Corporation who continuously, knowingly, and intentionally violates any provisions of this ordinance is hereby declared to be a nuisance and all remedies applicable to a nuisance, both public and private, including, but not limited to injunctions and damages, are hereby preserved.
ARTICLE VI ENFORCEMENT
It shall be the duty of the HENDRICKS COUNTY SHERIFF’S DEPARTMENT to enforce this Ordinance. Any person violating any provision of this Ordinance shall be subject to fines and costs as specified within this Ordinance.
Violators of this Ordinance shall be served a written notice of the violation (Complaint and Summons) either in person or by any other manner reasonably calculated to result in actual notice, including certified mail.
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