False Alarm Perspectives

Section 2: State Laws

Many states require licensing and training of alarm system installers. Likewise, many states treat deliberate sounding of false alarms as an offense. However, few states have established laws governing unintentional false alarms.

Among the states with false alarm laws on the books, some merely declare that local jurisdictions may establish their own false alarm policies and schedules of fines within boundaries set by the state law. Other state laws actually set those policies and fines.

A search of the laws of 50 states plus the District of Columbia showed that only Maryland, Michigan, Ohio, Texas, and the District of Columbia have on their books any kinds of laws regulating false alarms. Interestingly, Hawaii, which does not regulate false alarms, requires alarm companies to share their false alarm data confidentially with the police. A search of the U.S. Code did not reveal any federal law governing false alarms.

Maryland

Maryland law regarding false alarms is as detailed as and reads much like a local ordinance on false alarms. Passed in 1992, it sets out a schedule of fines and establishes circumstances under which alarm users must have their systems repaired.

Key elements:
• $30 fine for each false alarm response after the third in 30 days or the eighth in 12 months.
• Alarm system is deemed defective after exceeding number of false alarms above. User must have system inspected and give authorities report on probable cause of false alarms and actions taken to prevent future false alarms. Maximum fine of $500 and imprisonment of 90 days for continuing to use a defective alarm system.

Here are the relevant parts of the law:

Maryland Annotated Code. Article 27(1992)
Section 156C. Negligent or accidental activation of system

(a) In general. --Except for alarm systems activated by acts of God, weather conditions, or causes beyond the control of the alarm user, an alarm system that is negligently or accidentally activated as a result of faulty, malfunctioning, or improperly installed or maintained equipment shall be subject to the provisions of subsections (b)and (c) of this section.

(b)Civil citation. --A law enforcement agency or fire department may issue a civil citation to an alarm user if the number of false alarms to which any law enforcement agency or fire department actually responds exceeds:

(l) 3 responses within a 30-day period; or

(2) 8 or more responses within a 12-month period.

(c) Fines. --The civil citation shall include a fine of:

(1) $30 for each initial false alarm; and

(2) $30 for each additional false alarm.

[Section 156A, in part:]

(g) False alarm.

(l) "False alarm" means any request for immediate assistance by a law enforcement agency or fire department regardless of cause that is not in response to an actual emergency situation or threatened suggested criminal activity.

(2) "False alarm" includes:

(i) Negligently or accidentally activated signals;

(ii) Signals that are the result of faulty. malfunctioning, or improperly installed or maintained equipment; and

(iii) Signals that are purposely activated to summon a law enforcement agency or fire department in a nonemergency situation.

(3) "False alarm" does not include:

(i) Signals activated by unusually severe weather conditions or other causes beyond the control of the alarm user or alarm system contractors; or

(ii) Signals activated during the initial 60-day period following new installation.

(4)

(i) an alarm system that is activated a second time within a 12-hour period when the premises are unoccupied shall be deemed 1 false alarm if:

1. Access to the building is provided to the alarm System contractor; and

2. An alarm system contractor or an employee of an alarm system contractor responds.

(ii) Failure to comply with item (i) of this paragraph shall result in each subsequent alarm being counted as a false alarm.

[Section l56D. in part:]

Defective systems

(a) Presumption. --In this section an alarm system is deemed a defective alarm system if:

(1) More than 3 false alarms occur within a 30-day period; or

(2) 8 or more false alarms occur within a 12-month period.

(b) Notice of condition. --A law enforcement agency or fire department that answers a false alarm shall provide written notice to the alarm user of the defective condition.

(c) Actions by alarm user. --Upon notice from the appropriate law enforcement agency or fire department, an alarm user who has a defective alarm system shall:

(l) Have the system inspected within 30 days by an alarm system contractor or alarm user, if qualified; and

(2) Within 15 days after the inspection file a written report with the law enforcement agency and fire department.

(d) Report. --The report shall contain:

(l) The results of the alarm system contractor or alarm user's inspection;

(2) The probable cause of the false alarms; and

(3) Actions taken or recommendations for eliminating the false alarms.

(e) Penalty for continued use. --Any alarm user who continues to use a defective alarm system is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.

Michigan

Michigan's law is less detailed than but similar to Maryland's. However, it features a standards-meeting requirement apparently unique among state laws.

Key elements:
• System exceeding four false alarms in calendar year is deemed defective. User must have the system examined by an alarm contractor and may then be required to implement whatever corrections the contractor suggested.
• Alarm systems in businesses and residences must meet the standards of Underwriters Laboratories, American National Standards Institute, or another national standards-setting body.

Here are the relevant parts of the law:

Michigan Compiled Laws, Article 338.1085

Sec. 35.

(l) As used in this section "false alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employee or agent. False alarm does not include an alarm caused by a hurricane, tornado, earthquake, or other violent condition beyond the control of the owner or lessee of an alarm system or their employee or agent.

(2) An alarm system experiencing more than 4 false alarms within a calendar year is deemed defective and upon written notice to the owner or lessee of the alarm system by the enforcing authority the owner or lessee shall have the system inspected by an alarm system contractor who shall within 15 days file a written report to the department of the results of its inspection of the system, the probable cause of the false alarms, and its recommendations for eliminating false alarms.

(3) Upon receipt of the report the department may after notice and hearing order the owner or lessee to correct the system based upon the recommendations contained in the report.

Article 338.1083

Sec. 33 [in part]

(2) An alarm system installed in a commercial or public building shall utilize equipment and methods of installation equivalent to or exceeding minimum Underwriters Laboratories, American National Standards Institute, or any other nationally recognized testing laboratory requirements for the appropriate installation.

(3) An alarm system installed in a residence shall utilize equipment equivalent to or exceeding minimum applicable Underwriters Laboratories or American National Standards Institute requirements for household burglar alarm systems.

(4) If the alarm system was installed prior to the effective date of this act, it shall beinspected and certified by an alarm system contractor licensed under this act within 6 months after the effective date of this act.

Ohio

Ohio law allows, but does not require, townships to bill alarm users for excessive false alarms.

Key elements:
• $25 per false alarm response after the third false alarm response in a calendar year.

Ohio Revised Code Annotated (Baldwin)

505.511 False security alarm; charges assessed

(A) The board of trustees of a township police district may, after the township police, a law enforcement agency with which the township contracts for police services, and the county sheriff or his deputy have answered a combined total of three false alarms resulting from the malfunction of the same commercial or residential security alarm system within the township in the same calendar year, cause the township clerk to mail the manager of the commercial establishment or the occupant, lessee, agent, or tenant of the residence, a bill for twenty-five dollars for each subsequent false alarm from the same alarm system during that year, to defray the costs incurred. If payment of the bill is not received within thirty days. the clerk shall send a notice by certified mail to the manager and to the owner, if different, of the real estate of which the commercial establishment is a part, or to the occupant, lessee, agent, or tenant and to the owner, if different, of the real estate of which the residence is a part, indicating that failure to pay the bill within thirty days, or to show just cause why the bill should not be paid, will result in the assessment of a twenty-five dollar lien upon the real estate. If payment is not received within thirty days or if just cause is not shown, the sum of twenty-five dollars shall be entered upon the tax duplicate, shall be a lien upon the real estate from the date of the entry, and shall be collected as other taxes and returned to the township general fund. The board of trustees of a township police district shall not cause the township clerk to send a bill pursuant to this division if a bill has already been sent pursuant to division (B) of this section for the same false alarm.

(B) The county sheriff may, after he or his deputy, the township police, and a law enforcement agency with which the township contracts for police services have answered a combined total of three false alarms resulting from the malfunction of the same commercial or residential security alarm system within the unincorporated area of the county in the same calendar year, mail the manager of the commercial establishment or the occupant, lessee, agent, or tenant of the residence a bill for twenty-five dollars for each subsequent false alarm from the same alarm system during that year, to defray the costs incurred.... The sheriff shall not send a bill pursuant to this division if a bill has already been sent pursuant to division (A) of this section for the same false alarm.

Texas

Texas law on false alarms is extensive and detailed. It sets limits on the policies of sheriffs' offices and municipalities regarding false alarm response. Interestingly, it allows populous counties to charge a fee for each false alarm the sheriff's office responds to--with no free ones.

Key elements:
• A county of more than 2.2 million persons may establish a system of charges for any false alarm responses by the sheriff's office. Fees shall not exceed actual cost of response. Fees may be fixed or may vary depending on the circumstances of the alarm.
• If a municipality requires alarm permits, permits must be valid for at least one year. However, the municipality may revoke or suspend permits. Permit fee may not exceed $50.
• A municipality may not withhold police response to a permit holder because of excessive false alarms if the permit holder has paid all false alarm fees.
• A municipality can judge an alarm as false only if a response is made within 30 minutes and an on-site inspection shows the alarm was false.
• A municipal fine can be levied only for the sixth and subsequent false alarms in a 12-month period. Fine shall not exceed $50 and shall not exceed the actual cost of the response.
• Counties may charge $75 for a sheriff's office response to each excessive false alarm and may revoke permit if more than nine false alarms occur in a one-year period. Counties may charge full cost of response when alarm user intentionally activates alarm system for any reason other than emergency.

Here are the relevant parts of the law:

Texas Local Government Code (1993)
Title 4, Subtitle B

118.133. Sheriff's Response to False Alarm in County With Population of More Than 2.2 Million

(a) The commissioners court of a county with a population of more than 2.2 million by order may adopt a system by which the county charges a fee if the sheriff's office of the county responds to a security alarm and the emergency for which the alarm device was designed to give notice does not exist.

(b)The fee shall be charged to a person exercising control of the property on which the alarm device is installed.

(c) The commissioners court shall set the amount of the fee. The court may set a single fee that is charged for each response to a false alarm or may establish a fee structure under which different fees are charged according to the differing circumstances of each false alarm. However, the amount of a fee may not exceed the amount of the actual costs incurred by the sheriff's office in responding to the alarm.

(d) Fees collected under this Act shall be deposited in the county treasury to the credit of the general fund of the county.

Title 7, Subtitle A

218.001(1993)

Definitions

In this chapter:

(1) "Alarm system" means a device or system that transmits a signal intended to summon police of a municipality in response to a burglary. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises.

(2) "Permit" means a certificate, license, permit, or other form of permission that authorizes a person to engage in an action.

218.002. Categories of Alarm Systems

The category of alarm system to be regulated is burglary.

218.003. Duration of Municipal Permit

(a) If a municipality adopts an ordinance that requires a person to obtain a permit from the municipality before a person may use an alarm system in the municipality, the ordinance must provide that the permit is valid for at least one year.

(b)This requirement does not affect the authority of the municipality to:

(1) revoke, suspend, or otherwise affect the duration of a permit for disciplinary reasons at any time during the period for which the permit is issued; or

(2) make a permit valid for a period of less than one year if necessary to conform the permit to the termination schedule established by the municipality for permits.

218.004. Fee for Municipal Permit

If a municipality adopts an ordinance that requires a person to pay an annual fee to obtain a permit from the municipality before the person may use an alarm system in the municipality, the fee may not exceed the rate of $50 a year.

218.005. Termination and Discrimination

(a) Except as provided in Subsection (d) of this section, a municipality may not terminate its law enforcement response to a permit holder because of excess false alarms if the false alarm fees are paid in full.

(b) In permitting free false alarm responses and in setting false alarm fees, a municipality must administer any ordinance on a fair and equitable basis as determined by the governing body.

(c) A municipality may not terminate an alarm permit for nonrenewal without providing at least 30 days' notice.

(d) A municipality may set standards for systems to be permitted and may refuse to permit particular systems which in its discretion have a history of unreliability.

218.006. On-Site Inspection Required

A municipality may not consider a false alarm to have occurred unless a response is made by an agency of the municipality within 30 minutes of the alarm notification and the agency determines from an inspection of the interior or exterior of the premises that the alarm was false.

218.007. Penalty Limitations

(a) A municipality may not impose a penalty or fee for the signaling of a false alarm by a burglar alarm system unless at least five other false alarms have occurred during the preceding 12-month period.

(b) A penalty or fee imposed for a false alarm must be established by ordinance based on the type and level of emergency response provided. This fee may not exceed $50 in the case of the category of burglar alarms. The penalty or fee for a false alarm may not exceed the actual expenses incurred for the response.

Title 7, Subtitle B

237.001. Definitions

In this chapter:

(1) "Alarm site" means the specific property or area of the premises on or within which an alarm system is installed or placed.

(2) "Alarm system" means an alarm signal device, burglar alarm, heat or motion sensor, or other electrical, mechanical, or electronic device used:

(A) to prevent or detect burglary, theft, pilferage, fire, or other loss of property;

(B) to prevent or detect intrusion; or

(C) primarily to detect and summon aid for other emergencies.

(3) "False alarm" means an alarm signal received by a law enforcement official that is later determined not to involve a criminal offense, attempted criminal offense, fire, or other emergency.

237.002. Authority to Regulate; Adoption of Rules

(a) The commissioners court of a county by order may authorize the sheriff of a county to:

(1) propose rules to implement this chapter;

(2) regulate the incidence of and response to false alarms in accordance with the rules proposed by the sheriff and adopted or modified by the commissioners court under this chapter;

(3) establish procedures for application for and renewal and revocation of an alarm system permit;

(4) establish procedures that include notice to the permit holder and an opportunity for a hearing for permit revocation or suspension if the permit holder violates this chapter or an order of the commissioners court or a rule adopted under this chapter;

(5) establish fees in accordance with this chapter for the issuance of the permits;

(6) require that any permit issued under this chapter be kept at the alarm site and produced for inspection on request of the sheriff or the sheriff's representative;

(7) require that a permit must be issued and unrevoked before a sheriff or other law enforcement official may respond; and

(8) establish a number of free false alarms for each category of alarm system and impose a service response fee for any alarm in excess of the number of free responses within the preceding 12-month period.

(b) A county may not impose a penalty or fee for the signaling of a false alarm by an alarm system unless five other false alarms have occurred within the preceding 12-month period.

(c) A penalty or fee imposed for a false alarm must be established by rule based on the type and level of emergency response provided. The fee for more than five false alarms shall not exceed $ 75 per false alarm above the number of free responses. If there are more than nine false alarms in a one-year period, the alarm system permit may be revoked.

(d) Notwithstanding the other provisions of this section, the owner or lessee of premises on which an alarm system is installed may be charged the full costs incurred by the county when the owner or lessee or the agent or employee of the owner or lessee intentionally or knowingly activates the alarm system for any reason other than an emergency or threat of an emergency of the kind for which the alarm system was designed to give notice.

(e) The sheriff or the sheriff's representative shall provide a copy of the rules to a person and assess a fee for the copy in accordance with the open records law. Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).

237.004. Permit Fees

(a) The sheriff of a county who regulates alarm systems under this chapter may authorize the county auditor to assess and collect fees for the issuance or renewal of a permit under this chapter in reasonable amounts set by the commissioners court.

(b) All fees received under this chapter shall be remitted to the county treasurer to be deposited to the credit of the general fund of the county.

237.005. Municipal Authority Unaffected

This chapter does not affect the authority of a municipality in the county to enact ordinances regulating alarm systems.

237.006. Criminal Penalty

(a) A person who violates this chapter. an order of the commissioners court, or a rule adopted under this chapter commits an offense.

(b) An offense under this section is a Class C misdemeanor.

237.007. County Liability

The county, the commissioners court, the sheriff, and the sheriff's employees or agents are not liable for an action arising out of the regulation of or failure to regulate alarm systems.

District of Columbia

The District of Columbia law has a different tone than the laws already described, emphasizing contact persons, training, and the duties of alarm users.

Key elements:
• Alarm users may not cause or permit false alarms and must teach their employees how to use the systems.
• Systems must be kept in good working order.
• Users who have not contracted with an alarm dealer for an alarm agent to respond to the scene of an alarm must provide the telephone numbers of at least two people who can arrive at the scene within half an hour after the police call them to deactivate and reset the alarm system.
• Fines range from $40 to $100.

Here are the relevant parts of the law:

Chapter 31. Security and Fire Alarm Systems Regulations.

Section 6-3102. Definitions

...."False alarm" means any alarm signal communicated to the Metropolitan Police Department or the District of Columbia Fire Department that is not in response to an actual or threatened fire, an actual or attempted burglary, a holdup, an assault, or an unlawful entry requiring an immediate police or fire department response. The term "false alarm" shall include a negligently or accidentally activated signal; a signal that is the result of faulty, malfunctioning, or improperly installed or maintained equipment; and a signal that is purposely activated to summon the Metropolitan Police Department or the District of Columbia Fire Department in non-emergency situations. The term "false alarm" shall not include a signal willfully activated by an alarm user upon a good faith belief that an actual or threatened fire, an actual or attempted burglary, a holdup, an assault, or an unlawful entry is about to occur or a signal activated by unusually severe weather conditions or other causes, that is identified and determined by the Mayor to be beyond the control of the user or of the alarm dealer.

Section 6-3107. Duties of security alarm users.

(a) An alarm system user shall not cause or permit any false alarm.

(b) It shall be the responsibility of alarm users to instruct any employees or others who may have occasion to activate an alarm that alarm systems are to be activated only in emergency situations to summon an immediate police or fire department response. Alarm users shall also instruct appropriate employees as to the operation of the alarm system, to include setting. activation, and resetting of the alarm.

(c) Alarm users shall be responsible for seeing that alarm systems are maintained in good working order and that defects which could cause false alarms are promptly repaired.

(d) Users of alarm systems who have not contracted with an alarm dealer for an alarm agent to respond to the scene of alarm activations shall indicate the telephone numbers of at least 2 responsible persons who are capable of deactivating and resetting the alarm system and of assisting the police or fire department to secure the premises, if necessary, and who may be notified by the Metropolitan Police Department or District of Columbia Fire Department to respond to the scene by either:

(1) Posting the names of such persons on a sticker or other sign on the premises in a conspicuous place visible from outside the premises; or

(2) filing the names with the Mayor as defined by regulation. Such person or persons shall respond to the scene within one-half hour after being requested to do so by the Metropolitan Police Department or District of Columbia Fire Department unless good cause is shown.

Section 3-3111. Penalties generally.

(a) Unless otherwise specified, any person who violates a provision of this chapter shall be fined no less than $40 nor more than $100.

(b)All fines levied pursuant to this chapter are civil in nature.

(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 27 of this title. Adjudication of any infraction of this chapter shall be pursuant to Chapter 27 of this title.

Hawaii

Hawaii's law does not actually regulate false alarms but does address them.

Key elements:
• On request, alarm businesses must provide police with data about false alarms and systems in operation. Alarm businesses and police shall cooperate to reduce the number of false alarms.
• Alarm businesses shall keep detailed, accurate records on false alarms for at least two years.

Here are the relevant parts of the law:

Hawaii Code Annotated, Division 2, Title 25

436M-4

Alarm businesses that maintain, service, or monitor alarm systems shall, upon request by the police, share with them the data about false alarms and alarm systems in operation needed to determine the monthly false alarm rate for each alarm business. Data obtained from each alarm business shall be used by the police only for statistical purposes and shall not be released to others. Alarm businesses and the police shall cooperate to reduce to a minimum the number of false alarms reported to the police.

436M-3

...Each alarm business that maintains, services, or monitors alarm systems shall keep accurate and up-to-date business records as may be required for at least two years. The records shall include a log of all alarm activations, the date and time of each activation, the reason (insofar as the reason can be determined) for each activation, and monthly counts of the number of activations at each alarm user site that are reported to the police.

436M-1

..."False alarm" means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. False alarms include alarm activations caused by negligence, by improperly installed or maintained equipment, and by efforts to summon the police for a purpose other than that for which the alarm is designed. False alarms shall not include alarm activations for which the cause cannot be determined, or is in reasonable doubt, or is beyond the control of the alarm user or alarm business.