HomeMy WebLinkAboutOrdinance 90.12 Providing penalties for false alarms ORDINANCE NO. 90.12
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA.
ARIZONA PROVIDING FOR PENALTIES FOR FALSE ALARMS
WHEREAS the Town Council of the Town of Marana, Arizona
is empowered, pursuant to A.R.S. Section 9-240(B)(13) to prevent,
suppress and punish any affray, disorderly noise or disturbance
in any public or private place within the Town; and
WHEREAS the Town Council of the Town of Marana, Arizona
is empowered, pursuant to A.R.S. Section 9-240(B)(21) to abate
and remove nuisances, and punish persons committing nuisances;
and
burglar
WHEREAS the Town Council has determined that false
alarms, false fire alarms and other false alarms create
not only an inconvenience to Town public safety personnel but are
also potentially dangerous to Town public safety personnel in
responding to said false alarms as well as potential dangers to
the general public; and
WHEREAS the Town Council finds that a significant
investment of time and manpower has been and is required by the
Marana Police Department and Marana Volunteer Fire Department,
Inc. in responding to false alarms; and
WHEREAS alarm companies are in a
significantly reduce the instances of false
installation, servicing and maintenance of
education and instruction of alarm users and
users; and
superior position to
alarms through proper
alarms and through
employees of alarm
WHEREAS the Town Council has determined that false
alarms constitute a nuisance within the Town.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana, Arizona as follows:
Section 1. Definitions.
A. "Alarm" is any mechanical or electrical device
or assembly of equipment designed or arranged to signal the
occurrence of an illegal entry or other activity requiring urgent
attention and to which the police are expected to respond, or
designed or arranged to s±gnal the occurrence of a fire or
excessive smoke requiring urgent attention and to which a fire
department is expected to respond.
partnership
maintenance
terms of any
the corporate
B. "Alarm Company" means any firm, person,
corporation or entity which has servicing,
or monitoring duties or responsibilities under the
agreement or arrangement with any alarm user within
limits of the Town of Marana.
C. "Alarm User" means any person, firm,
corporation or entity of any kind in control of any building,
premises, structure or facility in which or upon which an alarm
is maintained.
police or fire
D. "False Alarm" means an alarm signal to which
department personnel respond with any emergency
personnel or equipment when a situation requiring a response by
the police or applicable fire department does not in fact exist,
and which signal is caused by the inadvertence, negligence or
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intention81 act or omission of an alarm company or alarm user, or
a malfunction of the alarm.
Section 2. The following shall not be considered false
alarms under the definition of Section i(D) above:
A. Alarms caused by the testing, repair or
malfunction of telephone equipment or lines.
B. Alarms caused by an act of God, including
earthquakes, floods, windstorms, thunder or lightening.
C. Alarms caused by an attempted illegal entry of
which there is visible evidence.
D. Alarms caused by the testing, repair or
malfunction of electrical utility equipment or lines.
Section 3. A civil sanction in an amount of not more
than $250.00 may be assessed against an alarm user for each false
alarm which occurs in any building, premises, structure or
facility owned or controlled by the alarm user.
Section 4. A civil sanction in an amount of not more
than $250.00 may be assessed against the responsible alarm
company for each false alarm which occurs in the event that the
false alarm was occasioned due to the manner of installation of
the alarm by the responsible alarm company.
Section 5. A civil sanction in an amount of not more
than $250.00 may be assessed against the responsible alarm
company for each false alarm which is occasioned by the failure
of the responsible alarm company to properly service, maintain or
monitor any alarm within the Town.
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Section 6. If any provision of this Ordinance or its
application to any person or circumstance is held invalid or
unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or applications of this Ordinance which
can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable.
WHEREAS, the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage and adoption.
of Marana,
PASSED AND ADOPTED by the Mayor and Council of the Town
Arizona this ~ day of ~F~/~ , 1990.
ATTEST:
APPROVED AS TO FORM:
MAYOR
Date Signed:
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