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False Burglar Alarm Program
03/17/2009

Via the Department of Revenue

False Burglar Alarm Fact Sheet

  • The new Municipal Code citation for False Burglar Alarm Program is chapter 8-4-056;
  • Permits costing $34 were eliminated for Commercial/Business False Burglar Alarm users (residential users were never required to have a permit);
  • False Burglar Alarm violations are no longer issued to residences;
  • Enforcement Exemptions: Any system installed to protect any premises used primarily for residential, educational, religious or charitable purposes or used primarily by a unit of government or school district;
  • Fine: $100 per offense;
  • Payment is generally due within seven days from the violation date.  However, if payment is received before a scheduled hearing date, the hearing will be cancelled and the violation will be considered resolved.  All prepayments must be posted prior to the court date.  Otherwise, the case will be defaulted for the maximum penalty ($100 plus an administrative fee of $40);
  • Violations can be contested at the pre-scheduled hearing.  hearings are scheduled approximately 30 days from the date of violation.

Defenses:

  • The burglar alarm was activated by:
    • a temporary surge or loss of electrical power or loss of telephone service to the burglar alarm user;
    • the testing or repairing of telephone or electrical lines or equipment outside the premises if prior notice of the testing or repair is given to the Department of Police;
    • unusually violent conditions of nature;
    • an illegal entry, theft or robbery, or an attempt therof;
    • an observable act of vandalism
  • The burglar alarm user has taken all reasonable measures to eliminate false alarms.  Those reasonable meausres must include all of the following:
    • Using a burglar alarm system that is installed and maintained by a properly licensed private alarm contractor;
    • Having documentary evidence that the alarm system was installed, inspected or tested by a properly licensed private alarm contractor within the previous 12 months;
    • Making every reasonable effort to have a responsible person arrive at the protected premises within 45 minutes if requested by the Department of Police or Office of Emergency Management and Communications, in order to deactivate the alarm system, privde access to the alarm location, or provide alternative security for the alarm location.

For more information, call the Department of Revenue at 312.747.4747.