Change in County Code

[greatescape]

What is the name of your state (only U.S. law)? GA

My employer's place of business was recently fined for not having registered his alarm with Cobb County, Georgia Police, as mandated by a recent change in Count Code.

An Officer from The False Alarm Reduction Unit informed us that the change in the Ordinance Code, effective as of January 2009, was publicized via notices in and on:

Cobb County Water Bills (Which we as tenants do not receive, but our landlord instead receives water bills)
Cob County's Website (which is not a destination site and assumes constituents peruse the site without prompting)
Electronic Highway Signboards (which assumes alarm owners drive on the highway, and can read any pertinent info while driving past at an accelerated rate)
30 second PSA on Cable channels (which assumes constituents subscribe to a local cable service)
the local Newspapers (including the Marietta Journal, which has a minority readership in a shrinking medium, and assumes constituents subscribe to such local papers)

Also, the Officer appeared at November meetings of the South, East, and West Cobb Business Associations to notify of the Cobb County Code change
as well as Notifying each Alarm Company that does business in Cobb, including our Monitoring provider, but that he could not compel any company to notify their customers.

I later contacted our Monitoring provider and was informed that the owner was to have mailed several notices the customers between September and October of 2008 to notify customers of the new ordinance, however, we have never received any notice or mailing of any kind on any occasion from out Monitoring provider (in part due to the fact that our billing is set up automatically through a credit card), and our first indication was from the fee assessed to the business for not registering before police responded to what was deemed a "false alarm."

Acknowledging that ignorance is no excuse, the business has been operating for over 16 years and has had no previous experience to prompt us to believe any such ordinance change or mandatory registering would be necessary or forthcoming, and feel that, while Cobb Police may have done the bare minimum to cover themselves, the inadequate attempts to "notify" the public is at best feeble, and that, between our Monitoring provider and Cobb Police, we are being extorted by the government for our not being informed by either appropriate lengths of the government or our Monitoring provider.

Are there any legal grounds to dismiss the fine?

 

[TheGeekess]

Good heavens.... no skywriters? No blimp?

I think the county did everything they could to make sure that every base was covered. Tell boss he needs to suck it up and pay the fine. What else would you have the county do? Door to door?

 

[greatescape]

Nothing so sarcastic, no...

We thought a direct mailing to individual homes and business would have been an appropriate measure, actually.

 

[TheGeekess]

The county went above and beyond, according to state code....

O.C.G.A. § 36-80-19 Pages: 2 O.C.G.A. § 36-80-19
GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.
*** Current through the 2009 Regular Session ***
TITLE 36. LOCAL GOVERNMENT
PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES
CHAPTER 80. GENERAL PROVISIONS
O.C.G.A. § 36-80-19 (2009)
§ 36-80-19. General codification of ordinances and resolutions; publication and availability of code; official state repository for general codifications

(a) As used in this Code section, the term "local governing authority" means the governing authority of each municipality and county in this state.
(b)(1) Each local governing authority shall, no later than January 1, 2002, provide for the general codification of all the ordinances and resolutions of that unit of local government having the force and effect of law. Except as provided in paragraph (2) of this subsection, the general codification shall be adopted by such local governing authority by ordinance and shall be published promptly, together with all amendments thereto and such local Acts of the General Assembly pertaining to the governing authority, codes of technical regulations, and other rules and regulations as the local governing authority may specify. This compilation shall be known and cited officially as "The Code of , Georgia."

(2) In cities having a population of 5,000 or less according to the most recent federal decennial census, the governing authority may at its discretion substitute a compilation of ordinances and resolutions for the codification required under paragraph (1) of this subsection. In such case, the compiled ordinances and resolutions shall, at a minimum, be arranged in a logical manner, such as by date, and should preferably include an index or other finding aids. In such case, the compilation shall be known as "The Compiled Ordinances and Resolutions of , Georgia" and shall be distributed and made available in the same manner provided in this Code section for codifications.

(3) Copies of the code, at the discretion of the local governing authority, shall be furnished to officers, departments, and agencies of the local governing authority. The code shall be made available for purchase by the public at a reasonable price as fixed by the local governing authority. Amendments to a code shall be incorporated into the general codification and published at least annually.

(c) The local governing authority shall cause each ordinance and each amendment to the general codification to be printed promptly following its adoption, and the printed ordinances and amendments shall be made available for purchase by the public at reasonable prices to be fixed by the local governing authority. Following publication of the first code under this Code section and at all times thereafter, the ordinances and amendments shall be printed in substantially the same style as the code currently in effect in such unit of local government and shall be suitable in form for incorporation therein. The local governing authority shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

(d) Each such general codification shall be:

(1) Made available by posting such codification on the Internet; or

(2) In counties which have established a county law library, furnished as a copy to the county law library.

HISTORY: Code 1981, § 36-80-19, enacted by Ga. L. 2000, p. 865, § 3; Ga. L. 2001, p. 1219, § 4; Ga. L. 2008, p. 267, § 3/SB 482.

O.C.G.A. § 36-80-19

Redirecting

 

[TheGeekess]

And just because I believe in being thorough....
(And surely almost a year was enough time....)

ARTICLE II. ALARM SYSTEMS*

__________
*Cross references: Similar provisions, § 54-100 et seq.
State law references: Similar provisions, O.C.G.A. § 50-18-72(a)(11.2).

Sec. 70-26. Purpose and intent.
Given the undue burden placed on law enforcement providers by excessive false alarms, this article is enacted to establish reasonable expectations for alarm users regarding the responsible use and operation of alarm systems. The article is not intended to create new or to expand existing legal obligations of the county, including specifically the Cobb County Department of Public Safety Agency and any of its departments, or to establish a special duty or special relationship between the county and alarm users, persons who own real or personal property where an alarm system is in place, and/or persons who are physically present at or in the vicinity of property monitored by an alarm system.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm administrator. The term "alarm administrator" means a sworn employee designated by the county to administer, control and review false alarm reduction efforts and to administer the provisions of this ordinance.
Alarm contractor. The term "alarm contractor" means an individual, company, and/or other entity engaged in selling, leasing, installing, servicing or monitoring alarm systems; such individual, company, and/or entity shall be licensed in compliance with city, county and state laws.
Alarm permit. The term "alarm permit" means a permit issued by the county allowing the operation of an alarm system.
Alarm signal. The term "alarm signal" means a detectable signal, audible or visual, generated by an alarm system, to which law enforcement is requested to respond.
Alarm system. The term "alarm system" means any single device or assembly of equipment and devices, including a local alarm, that is designed to signal the occurrence of an illegal or unauthorized entry or other activity requiring immediate attention and to which law enforcement is requested to respond. Motor vehicle or boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a medical response are not considered to be alarm systems under this article.
Alarm user. The term "alarm user" means any individual, sole proprietorship, partnership, company, corporation, governmental, educational, nonprofit, or any other entity or institution owning, leasing or operating an alarm system, or on whose premises an alarm system is maintained for the protection of such premises.
Alarm user awareness class. The term "alarm user awareness class" means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.
Automatic dial protection device. The term "automatic dial protection device" means an automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically initiates to the emergency communications center a recorded message or code signal indicating a need for law enforcement response.
Cancellation. The term "cancellation" means notice from an alarm contractor (designated by the alarm user) to the emergency communications center to terminate a law enforcement response to an alarm dispatch request under circumstances where there is no situation at the alarm site requiring a law enforcement response.
Cobb County Department of Public Safety (CCDPS). The term "Cobb County Department of Public Safety (CCDPS)" means, for the purposes of this article only, the Cobb County Department of Public Safety Agency, with the exception of the Cobb County Fire and Emergency Services Department.
Emergency communications center. The term "emergency communications center" means the Cobb County Department of Public Safety's Emergency Communications (911) Center.
False alarm. The term "false alarm" means the activation of an alarm system to summon law enforcement personnel which occurs as a result of mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user or his employees or agents, unless the law enforcement response was cancelled by the alarm user or his agent before law enforcement personnel arrive at the alarm location. An alarm is false when, upon determination by the responding officer, no unauthorized entry, robbery, or other crime was committed or attempted in or on the premises which would have activated a properly functioning alarm system.
Local alarm. The term "local alarm" means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and that is not monitored by a remote monitoring facility, whether installed by an alarm contractor or user.
Monitoring services. The term "monitoring services" means an alarm contractor in the business of receiving signals from an alarm system that is responsible to contact the alarm user to verify the nature of the alarm and/or to contact the emergency communication center for a law enforcement response.
Permit year. The term "permit year" means a 12-month period beginning on the day and month on which an alarm permit is issued.
SIA Control Panel Standard CP-01. The term "SIA Control Panel Standard CP-01" means the American National Standard Institute (ANSI) approved Security Industry Association (SIA) CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce false alarms. Control panels built and tested to this standard by a nationally recognized testing organization are to be marked to state: "Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction."
Verify. The term "verify" means an action on the part of the entity providing monitoring services, prior to requesting law enforcement dispatch, to determine whether an alarm signal is valid and caused by criminal activity.
(Amd. of 2-26-08, eff. 1-1-09)

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[TheGeekess]

And the rest of it....

Sec. 70-28. Alarm registrations and permit requirements.
(a) Registration and permit required. Effective October 1, 2008, no alarm system shall be used unless the alarm user first registers and obtains a permit for such alarm system from the county or its designee. For the purposes of complying with this section, an alarm contractor may register an alarm user and thereby obtain the permit for such alarm system; provided, however, that the alarm user shall ultimately remain responsible for registration and obtaining a permit prior to use of the alarm system. Upon registration, each alarm permit shall be assigned a permit number. If the permit number is issued directly to the alarm user, the user shall provide the permit number to the alarm contractor to facilitate law enforcement dispatch.
(b) Nontransferability; new registration required. Alarm permits are not transferable. Upon transfer of the possession of premises at which an alarm system is maintained, the new alarm user shall register for an alarm permit within 30 days of obtaining possession of the property.
(c) Multiple alarm systems. If an alarm user has one or more alarm systems protecting two or more separate structures with different addresses and/or tenants, a separate permit shall be required for each structure and/or tenant.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-29. Duties of the alarm user.
An alarm user shall be required to:
(a) Register and obtain an alarm permit in accordance with section 70-28;
(b) Maintain the premises and the alarm system in a manner that will reduce or eliminate false alarms;
(c) Upon obtaining a permit number, provide that number to the alarm contractor;
(d) Respond or cause a representative or other responsible party to respond to the alarm system's location within 30 minutes upon notification from the emergency communications center of the need to deactivate a malfunctioning alarm system;
(e) Ensure that an alarm is not manually activated by the alarm user or any other person for any reason other than an occurrence of an event that the alarm system was intended to report;
(f) Obtain a new permit if there is a change in address or ownership of a business or residence.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-30. Duties of the alarm contractor.
(a) An alarm contractor shall be required to:
(1) Obtain and maintain required state and local license(s) and/or permits;
(2) Maintain current contact information, including user permit numbers, which shall be provided to the emergency communications center at the time of a request for law enforcement response; and
(3) Upon request, provide to the emergency communications center the name, address, and telephone number of the license holder or a designee, who can be called in an emergency, 24 hours a day and who shall be able to respond to an alarm call, when notified, within 30 minutes.
(b) For all installations on or after January 1, 2009, an alarm contractor shall use only alarm control panel(s) which meets SIA Control Panel Standard CP-01.
(c) Prior to activation of any alarm system, the alarm contractor must (i) provide verbal and written instructions regarding the proper operation of the alarm system to the alarm user and (ii) provide written information on how to obtain service from the alarm contractor.
(d) An alarm contractor performing monitoring services shall:
(1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, at a minimum, that, if the first attempt fails to reach an alarm user, the alarm contractor must make a second call to a different number in an effort to reach an alarm user who can provide proper identification and assist in determining whether an alarm signal is valid; provided however, that such second call shall not be required in the event of a panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified by video and/or audible means.
(2) Communicate any specific information that will assist law enforcement response and investigation to the emergency communications center at the time of a request for assistance.
(3) Communicate a cancellation to the emergency communications center immediately upon determining that a response is unnecessary.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-31. Prohibited acts.
Effective January 1, 2009, the following acts are prohibited:
(a) The failure to obtain an alarm permit or to renew an alarm permit.
(b) Activating or maintaining an alarm system that activates for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises. This shall include both monitored alarm systems and unmonitored local alarms.
(c) Installing, maintaining, or using an audible alarm system which can sound continually for more than ten minutes.
(d) Installing, maintaining, or using an automatic dial protection device that reports, or causes to be reported, any recorded message to the emergency communications center.
(Amd. of 2-26-08, eff. 1-1-09)
Sec. 70-32. Enforcement.
Effective January 1, 2009, enforcement for violations of this article shall be carried out in accordance with this section.
(a) Excessive false alarms/failure to register. Alarm users shall be fined for excessive false alarms and/or failure to register during the permit year in accordance with the following civil fine schedule:
First and second false alarm . . . No charge
Third false alarm . . . $50.00
Fourth false alarm . . . 75.00
Fifth false alarm . . . 100.00
Sixth false alarm . . . 125.00
Seventh false alarm . . . 150.00
Eighth false alarm . . . 200.00
Ninth false alarm . . . 250.00
Tenth false alarm . . . 300.00
Failure to register . . . 100.00
(b) Other civil fines. All other violations of article II, alarm systems, will be enforced through the assessment of civil fines in the amount of $100.00.
(c) Payment of civil fines. All civil fines shall be paid within thirty (30) days from the date of the invoice.
(d) Limitations on responses for excessive false alarms or nonpayment. When an alarm user has more than ten false alarms during the permit year or when the alarm user fails to pay any civil fine within 30 days from the date of invoice, a law enforcement response to the alarm user's permitted location will only be initiated in response to a 911 call to the emergency communications center or upon verification by the alarm contractor or user that the alarm was set off as a result of criminal activity. Normal alarm responses by CCDPS will be restored under the following circumstances:
(1) When an alarm user who has had more than ten false alarms during the permit year presents satisfactory proof to the alarm administrator that he has taken successful measures to correct the cause of the false alarms, normal alarm responses will be restored at the outset of the following permit year; and/or
(2) When the county receives payment from the alarm user who has failed to pay any civil fine within 30 days from the date of the invoice.
(e) Civil violation. A violation of any of the provisions of this article shall be a civil violation.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-33. Alarm user awareness class.
The county may create and implement alarm user awareness classes and may request the assistance of alarm contractors to assist in developing and implementing such classes. The classes shall inform alarm users of the problems created by false alarms and instruct alarm users how to help reduce false alarms. The county may grant the option of attending a class in lieu of paying one assessed fine.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-34. Appeals.
Assessment of any civil penalty and other enforcement decisions may be appealed in accordance with procedures that shall be established by the county.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-35. Confidentiality.
In the interest of public safety, all information contained in and gathered through the alarm registration applications, "no response" records, applications for appeals and any other alarm records shall be held in strict confidence by all employees and/or representatives of the county. Because all alarm registration information is considered sensitive public safety information, the same shall not be available to the public, unless otherwise required by law.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-36. Immunity.
Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By registering an alarm system, the alarm user acknowledges that the CCDPS response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
(Amd. of 2-26-08, eff. 1-1-09)

Sec. 70-37. Reserved.
Editor's note: Section 70-37, interim provisions, became effective March 26, 2008, until Jan. 1, 2009, at which time §§ 70-26--70-36 became effective, rendering § 70-37 no longer required.

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[TheGeekess]

Let's examine your idea to have mass mailings:

• Private nonfarm establishments with paid employees, 2006 20,066
• Housing units, 2007 278,037
• Population, 2008 estimate 698,158

How much would it have cost good ol' Cobb County to mail every address in said county?

Data from Cobb County QuickFacts from the US Census Bureau