§ 102.08 EFFECTIVE DATE

(A) The effective date of this chapter shall be the later of November 1, 1997, or the date of its passage, any and all necessary approval by the Mayor of the City of Fort Wayne, and any publication or other notices required under Indiana law.

(B) All alarm users required to register under this chapter who have alarm systems installed on or before the effective date of this chapter, shall register pursuant to § 102.02 of this chapter not later than February 1, 1998. All alarm users required to register under this chapter and installing and activating alarm systems on or after the effective date of this chapter, shall be required to register pursuant to this chapter within the time parameters specified herein.

(C) All alarm companies required to obtain licenses under this chapter shall obtain said License on the later of November 1, 1997, or 60 days after the effective date of this chapter to obtain its License.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.07 FALSE ALARM PENALTIES AND ENFORCEMENT

(A) Whenever an alarm user issues, causes to be issued, or permits the issuance of a false alarm, this section shall apply; provided, however, this section shall not apply to a mentally incapacitated person utilizing alarm systems in a dwelling or dwelling unit.

(B) An alarm user shall be assessed a $50 penalty for each false alarm recorded within any calendar year by the Ordinance Violations Bureau after the occurrence of the second false alarm requiring Police Department response. Said $50 penalty shall be paid by the alarm user to the City of Fort Wayne Ordinance Violation Bureau who shall deposit the funds in the General Fund of the Fort Wayne Police Department.

(C) An alarm user shall be assessed a $50 penalty for each false alarm recorded within any calendar year by the Ordinance Violations Bureau after the occurrence of the second false alarm requiring City of Fort Wayne Fire Department response. Said $50 penalty shall be paid by the alarm user to the City of Fort Wayne Ordinance Violation Bureau who shall deposit the funds in the General Fund of the Fort Wayne Fire Department.

(D) Any alarm user required to register and who fails to register or otherwise comply with § 102.02 of this chapter and who causes to be issued, or permits the issuance of a false alarm shall be assessed a $50 penalty for each false alarm recorded by the Ordinance Violations Bureau. If said fine is not paid within 30 days of its due date, then in addition to said penalty there will be a late fee of $25. Any penalties and any late fees due under this section shall be paid by The alarm user to the City of Fort Wayne Ordinance Violations Bureau who shall deposit the funds in the General Fund of the Fort Wayne Police Department or the Fort Wayne Fire Department depending on which department responded to the false alarm.

(E) Enforcing Authority. The authority for enforcing this chapter shall be with the Fort Wayne Police Department, Fort Wayne Fire Department, the Controller and the Ordinance Violation Bureau.

(F) Any alarm company, alarm user, or any other individual or company affected by and subject to a fine under this chapter shall have the right to appeal the fines and penalties which right to appeal shall be governed by and handled in accordance with the procedures established by the Ordinance Violations Bureau.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.06 VALIDITY OF ALARMS

(A) Whenever an alarm system is activated in the City of Fort Wayne which results in a response to the premises by the Police or Fire Department, the officer on the scene of the activated alarm system shall inspect the area protected by the alarm system and shall determine whether a public safety response was required or if it was a false alarm.

(B) If the officer at the scene of the activated alarm system determines the alarm to be false, the officer shall make a report of the false alarm, notice of which shall be sent To the alarm user at the address of the alarm user, or at least the last known address of the alarm user, if different from the premises address, or to the address and the attention of the person or entity designated by the alarm user as its agent for notification. A copy of the report shall be sent to the Ordinance Violations Bureau who shall track the number of false alarms.

(C) The Police Chief or the Fire Chief of the City of Fort Wayne, or his designee, shall have the right to inspect the premises to which a response has been made and may cause such inspection to be made at any reasonable time after the occurrence of a false alarm.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.05 AUDIBLE ALARM

(A) All alarm users, alarm companies or other persons or entities who install or maintain any alarm system with an audible alarm (except such system on a vehicle) shall conspicuously affix on the exterior of the protected building or structures:

(1) The name and telephone number of the alarm user or such other person or entity responsible for the control of the premises if it is a local alarm system, or

(2) The name and phone number of the alarm company if it is a monitored alarm system.

(B) All alarm users, alarm companies or any other persons or entities who install or maintain any alarm system with an audible alarm shall install and/or maintain said alarm system in such a way that it automatically discontinues emitting an audible sound within 15 minutes after activation of the alarm and which will prevent the alarm from sounding again as a result of the same event that caused the original activation.

(C) When manual fire alarm signaling devices are installed and are not directly connected to the Fort Wayne Fire Department or monitored by a 24 hour security service, a permanent sign shall be installed at each actuating device. These signs shall read as follows:

IN CASE OF FIRE

1. Pull this alarm

2. Telephone the Fire Department 9-1-1

(D) Penalty for violation of this section: All alarm users, alarm companies or other persons or entities violating this section shall be subject to a fine of $50 for each action or omission which constitutes a violation of this section. Said fine or penalty when collected shall be deposited into the general fund of the City of Fort Wayne.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.04 AUTOMATIC TELEPHONE DIAL DEVICES PROHIBITED

(A) It shall be unlawful or any alarm company or other person or entity to sell, offer for sale, install, maintain, lease, operate or assist in the operation of an alarm system containing an automatic telephone dialing device over any telephone lines exclusively used by the public directly to request emergency service from the Fort Wayne Police Department, the Fort Wayne Fire Department, or the Communications Department of the City of Fort Wayne.

(B) The Fort Wayne Police Chief the Fort Wayne Fire Chief or the Chief of Communications, or their respective designees, upon receiving knowledge of an alarm system containing an automatic telephone dialing system installed or operated in violation of this section shall order in writing the owner, operator or lessee to disconnect and cease operation of such alarm system within 72 hours of receipt of the order.

(C) Any alarm system containing an automatic telephone dialing device installed prior to the effective date of this chapter shall be removed within 30 days of the effective date of this chapter.

(D) Penalty for violation of this chapter: Any alarm user, alarm company or other person or entity violating this section shall be guilty of an infraction and subject to a minimum fine of $200 for each offense and up to the maximum fine allowed by law. Said fine or penalty when collected shall be deposited into the general fund of the City of Fort Wayne.

(E) Notwithstanding the foregoing, nothing in this section is intended to prohibit the direct connection between the local banking institutions and the Fort Wayne Communications Department up to and including July 31, 1998, however, after July 31, 1998, the City of Fort Wayne will no longer monitor alarm systems for banking institutions and therefore automatic telephone dialing devices or any device being used by banking institutions to connect directly to the Fort Wayne Communications Department or any City of Fort Wayne Department shall be prohibited.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)