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WHERAS, multiple false alarms to which the Town of Rutherfordton Fire Department responds create monetary expense to the town and result in increased danger of possible accidents involving those responding to such alarms; and  WHEREAS, it is determined that those locations generating multiple false alarms should have an economic responsibility for such false alarms; BASED ON THE FOREGOING, BE IT ORDAINED by the Town of Rutherfordton that:

1. Definitions:

  • Alarm as used herein shall mean any electronic or mechanical device which transmits an electronic alarm signal or recorded message to the Rutherford County Communications Center indicating a fire or other incendiary occurrence.

  • False Alarm as used herein shall mean an activation of an alarm system which elicits a response from the fire department when no situation requiring such a response does, in fact, exist. This includes accidental, avoidable, and unnecessary alarm activation due to user error, equipment malfunction, and improper or unsuited equipment, but does not include alarm activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user.

  • Residential, Storage, Business, Assembly, Educational, Industrial, Mercantile, Hazardous, and Institutional as used herein shall have the meanings as set forth fully in the Occupancy Classification of the North Carolina Building Code as adopted and enforced from time to time.

2. Penalty:

  • If the Town of Rutherfordton Fire Department shall respond to more than two (2) false alarms at the same premises or location within any calendar month, the fire chief shall issue a civil penalty citation giving notice of the violation of this section for each such false alarm over two (2) per month. The citation shall issue to the known owner or, if different from the known owner, to the person or entity having control of such premises or location. Citations may be served in person or mailed by certified mail, return receipt requested, to the person or entity charged.

  • The amount of the penalty shall be seventy-five dollars ($75.00) pertaining to false alarms to residential and storage properties, one hundred dollars ($100.00) pertaining to false alarms to business and assembly properties, and one hundred fifty dollars ($150.00) pertaining to false alarms to educational, industrial, mercantile, hazardous, and institutional properties.

  • Each citation shall impose the penalty described above and shall be paid to the Town of Rutherfordton tax collector within fourteen (14) days of issuance in full satisfaction of the assessed civil penalty. If the civil penalty is not paid within the time prescribed in the citation, the Town of Rutherfordton may initiate a civil action in the nature of debt to collect such penalty.