An Ordinance Assessing a Civil Penalty for
Excessive False Alarms within the Village of Clemmons

SECTION 1. Security Alarm Systems - Definitions

(a) Alarm means any electronic or mechanical device which omits any signal, whether electronic, audible, silent or recorded and which is designed, intended or used for the detection of an unauthorized intrusion or an attempted intrusion into a building, structure, or premises or to signal an actual or attempted robbery.  "Alarm" shall include any device which initiates a telephone call and delivers a recorded message to any emergency telephone number assigned to the police communications center, of the Village of Clemmons; any procedure by which a third party telephones any emergency telephone number and requests service on the basis of having received an alarm signal from a subscriber of such person or an alarm business represented by such person; or an audible signal or siren that when sounded is detected by a third party that results in a police response.

(b) Subscriber means any person, firm, corporation or partnership owning or leasing an alarm system, or on whose premises an alarm system is maintained for the protection of such premises or property.  False alarms means any alarm signal communicated by any means that solicits police response and to which:  (1) The responding officer finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, or attempted robbery; or  (2) Police response was canceled by the alarm subscriber or his agent.  False alarm includes negligently activated signals; signals which are the result of faulty or malfunctioning equipment, except signals activated within thirty (30) days after initial installation;  improperly installed or maintained equipment; signals activated to test the alarm system except test signals activated after notification to the Forsyth County Sheriff's Deputies and approval of the test signals;  and signals which are purposely activated to summon police personnel in non-emergency situations.

SECTION 2: Same - False Alarms
 
(a) First through three (3) false alarms.  If within any twelve-consecutive-month period, the Forsyth County Sheriff's Deputies respond to two (2) false alarms at the same premises or location, the Village Manager or his designee, shall send a letter to the subscriber informing him of the false alarms and requesting that he initiate action to stop further false alarms and informing him of the consequences of continued false alarms, specifically the civil penalty fee.  There will be no fee assessed for the first three (3) false alarms within a twelve consecutive month period.
 
(b) Beginning with the fourth (4th) false alarm, a civil ticket shall be issued for each additional false alarm.
 
(c) Alarms tests. Alarms activated during alarm system testing procedures shall not be considered false alarms if the subscriber first notifies and receives permission from the Village of Clemmons to test the system.
 
(d) Continuing audible alarms.  All audible alarms shall be equipped with an automatic reset device that will reset and cease to sound the alarm after thirty (30) minutes of continuous activation.  An alarm that sounds continuously for a period of thirty (30) minutes from the time officers arrived at the alarm location, due to failure of the alarm to reset shall constitute a violation of this section.  The subscriber shall reimburse the Village of Clemmons for each violation of a continuing alarm activation at a rate of fifty dollars ($50.00) per violation.
 
SECTION 3: Same - Issuance of Tickets and Civil Penalties
 
Any Village official authorized by the Village Manager may issue to the known owner of or person having control of any place of business or residence a civil penalty citation giving notice of the violation of Section 1 herein.  Any such official shall be authorized to secure the name and address of the owner or person in control of the place of business or residence found to be in violation of exceeding the number of alarms allowed.  Citations so issued may be delivered in person or mailed by registered mail to the person charged if he cannot readily be found.  Each citation issued shall impose upon the owner or person in charge a civil penalty of fifty dollars ($50.00) which shall be paid to the Village revenue collector within fourteen (14) days of receipt in full satisfaction of the assessed civil penalty.  If the civil penalty is not paid within the time prescribed in the citation, the appropriate personnel of the Village may initiate a civil action in the nature of debt to collect such civil penalty.