§ 2.5-22. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm device or system means any mechanical or electrical device, sold or installed, which is designed or used for the detection of an unauthorized entry into a building, structure, facility or enclosed area, or for alerting others of the commission of an unlawful act within a building, structure, facility or enclosed area, and which emits a sound or transmits a signal or message when activated. "Alarm device or system" also includes any system or device designed and used in a building or structure for the detection of fire or smoke, waterflow from a fire sprinkler or standpipe system, or manual pull station for the purpose of alerting others, which emits a sound, signal, or message, when activated. Alarm device shall not mean any medical alert device.

Alarm location means any building, structure, facility or enclosed area that contains an alarm system excluding any city building, structure, facility or enclosed area.

Alarm user shall mean the owner of the premises on which the alarm system is maintained, or the lessee of the premises if the lessee is legally responsible for the operation and maintenance of the alarm system.

False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the alarm user. Such terminology does not include alarms caused by hurricanes, tornadoes, earthquakes, power surges, power outages and thunderstorms or other violent weather conditions. A rebuttable presumption that a false alarm has occurred is created when an alarm is responded to by a certified police officer and the police officer finds there is no evidence of an unauthorized attempted entry, or when the senior firefighter arriving on the scene in response to an alarm determines that no fire emergency or other life safety emergency exits which requires an immediate response by the fire-rescue department. The activation of an alarm by a violent condition shall not be deemed to be a false alarm. The activation of a fire alarm by smoke, regardless of its origin, shall not be deemed to be a false alarm.

Negligence means failure to use such care as a reasonably prudent and careful person would use under similar circumstances.

Notice of the first false alarm within any six-month period shall mean written notice provided to the alarm user by first class mail. Notice shall be complete upon mailing by the city. Notice of the second and any subsequent false alarms within a six-month period means written notice provided to the alarm user by certified mail, return receipt requested or by hand delivery by a code enforcement officer. Notice shall be complete upon receipt. All notices of violations shall include the date, time and nature of the violation.

Person means any person or individual, or any firm, partnership, association, limited partnership, sole proprietorship or corporation or any other business entity, whatsoever.

(Ord. No. 403, § 1, 1-15-91; Ord. No. 403-A, § 1, 11-12-91; Ord. No. 403-B, § 1, 5-26-92)