ALARM SYSTEMS

47.01    DEFINITIONS. The following words are defined for use in this chapter.

1. “Alarm business” means the business, by an individual, partnership, corporation or other entity, of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in an alarm site.

2. “Alarm site” means a single premises or location served by an alarm system or systems or an EMS emergency alert system. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex is considered a separate alarm site.

3. “Alarm system” means a device or series of devices, including, but not limited to, systems interconnected with radio frequency signals, which are designed to discourage crime, by emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm condition. Alarm system does not include:

1. An alarm installed on a vehicle unless the vehicle is permanently located at a site; or

2. An alarm designed to alert only the inhabitants of a premises and that does not have a sounding device which can be heard on the exterior of the alarm site.

4. “Alarm user” means any person that uses an alarm system at an alarm site.

5. “False alarm” means an alarm signal necessitating response by police or other public safety agency where an emergency situation does not exist.

47.02    RESPONSIBILITY FOR ALARM RESPONSE. Failure of the owner or responsible party to arrive at the premises within thirty minutes will cause officers to clear the call and respond to no additional alarms, excluding fire alarms, until the owner or responsible party is at the premises.

47.03    AUDIBLE ALARMS DESIGNED TO BE HEARD OUTSIDE OF THE PREMISES.

1. Audible alarms must not be of such nature as to sound like any signal made by an emergency vehicle.

2. Every audible alarm must shut off automatically after no more than fifteen (15) minutes of activation.

3. Each business with an audible alarm must have a card plainly posted on the front or major door containing the name, address and phone number of the person or persons to be notified in the event an alarm sounds.

47.04    TELEPHONE DIALER SYSTEMS. No telephone dialer system that dials any City government phone number, including the Police and Fire Departments, shall be allowed.

47.05    FALSE ALARMS; INSPECTION AND INSTRUCTION. If the Police Chief or Fire Chief believe that there have been an excessive number of false alarms from a premises, said officer may:

1. Require a special inspection, by an alarm business, to determine if equipment fault is the cause for those alarms. The owner of the premises shall be responsible for the cost of such an inspection.

2. Order all persons concerned with the operation of the alarm system to be instructed, by an alarm business, as to the proper operation of the alarm system. The owner of the premises shall be responsible for the cost of such instruction.

47.06    FALSE ALARM FEES. The Police Chief will maintain records of all false alarms.

1. There shall be a grace period of six (6) months from the date of initial equipment installation. Only the first four (4) false alarms shall be deemed within the grace period, even if otherwise covered by the grace period.

2. For each false alarm not within the grace period, there shall be a service fee set by the Council by resolution.

3. Service fees imposed against businesses or tax financed institutions having ten (10) or more detection devices shall be set by the Council by resolution.

4. Alarm users shall not be assessed a service fee for false alarms caused by interruption or failure of the service provided by public utilities, electronic interference, acts of God, sonic booms, real alarms or false alarms not requiring police or fire response if canceled by a business prior to a unit’s arrival.

5. Such service fee shall be paid by the alarm user to the City.

6. Failure to pay such service fees will result in the suspension or revocation of the alarm permit and may result in a small claims action.

7. The City Manager will review false alarm fees annually and make recommendations to Council for adjustments, if necessary.

47.07    ALARM DEVICE STANDARDS, RULES AND REGULATIONS. The Police Chief may set standards, rules and regulations governing burglar alarm devices installed in the City. The Fire Chief may set standards, rules and regulations governing fire alarm devices or EMS emergency alarm systems installed in the City.

47.08    PERMIT REQUIREMENTS.

1. Permit Required. No alarm user shall operate, or cause to be operated, an alarm system at its alarm site without a valid alarm permit issued by the Police Chief. A separate permit is required for each alarm site. All licenses and alarm system permits issued pursuant to this chapter shall expire annually on June 30. The Council shall set the annual administrative fee by resolution.

2. Issuance. Upon receipt of a completed application form, the Police Chief shall issue an alarm permit to an applicant unless the applicant has:

1. Failed to pay service fees imposed as a result of previous false alarms.

2. Had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected.

3. Information on Application. Each permit application must include the following information:

1. The name, address, and telephone numbers of all persons who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system;

2. The classification of the alarm site as either residential or commercial;

3. For each alarm system located at the alarm site, the purpose of the alarm system, e.g., burglary, holdup, duress, or other;

4. Signed certification from the alarm user and the alarm business stating:

(1) The date of installation, conversion or takeover of the alarm system, whichever is applicable,

(2) The name, address, and phone number of the alarm business performing the alarm system installation, conversion or alarm system takeover and responsible for providing repair service to the alarm system,

(3) The name, address, and phone number of the alarm business monitoring the alarm system if different from the installing alarm business,

(4) That a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, have been left with the applicant, and

(5) That the alarm business has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms.

4. False Statements. Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.

5. Nontransferable. An alarm permit cannot be transferred to another alarm user. An alarm user shall inform the Police Chief of any change that alters any information listed on the permit application within five (5) business days.

6. Fees. All fees owed by an applicant must be paid before a permit may be issued or renewed.

7. Information Held in Confidence. Information contained in permit applications shall be held in confidence by all employees or representatives of the City with access to such information.

(Ord. 3191 – Feb. 04 Supp.)

47.09    PERMIT DURATION AND RENEWAL. A permit shall expire one year from the date of issuance, and must be renewed annually by submitting an updated application to the Police Chief. The Police Chief shall notify each alarm user of the need to renew thirty (30) days prior to the expiration of the alarm user’s permit. It is the responsibility of the alarm user to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a non-permitted alarm system and citations and penalties shall be assessed without waiver.

47.10    ALARM SYSTEMS OPERATION AND MAINTENANCE. An alarm user shall maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm dispatches. Every person who owns or has control of an alarm system, audible or silent, shall, upon notification that the alarm system is giving a signal, proceed immediately to the premises and render all necessary service. However, the owner or person in control of the premises may enter into an agreement with an alarm business or a responsible private citizen to respond in such person’s behalf. Failure of the owner or responsible party to arrive at the premises within thirty (30) minutes will cause officers to clear the call and respond to no additional alarms until the owner or responsible party is at the premises.

47.11    APPEAL FROM SERVICE FEES.

1. An alarm user may appeal the imposition of a false alarm fee to the Police Chief by submitting a written request, setting forth justification for setting the service fee aside. Such request must be submitted within five (5) working days of receipt of the fee notification.

2. An alarm user may appeal the decision of the Police Chief to the City Manager by filing a written request for a hearing by setting forth the reasons for the appeal within ten (10) days after receipt of the decision of the Police Chief. The filing of a request for an appeal hearing with the City Manager stays the assessment of the fee until the City Manager makes a final decision.

3. The City Manager shall conduct a formal hearing and consider the evidence by any interested person. The City Manager shall made his/her decision on the basis of the preponderance of evidence presented at the hearing including, but not limited to, evidence that a false alarm dispatch was caused by a defective part that has been repaired or replaced or that an alarm dispatch request was caused by a criminal offense. The City Manager must render a decision within thirty (30) days after the request for an appeal hearing is filed. The City Manager shall affirm, reverse or modify the assessment of the fee. The decision of the City Manger is final as to administrative remedies with the City.

47.12    REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT.

1. The Police Chief may suspend or revoke an alarm permit if it is determined that:

1. There is a false statement of a material matter in the application for a permit;

2. The permit holder has failed to make timely payment of a false alarm fee imposed.

2. A person commits an offense if he or she operates an alarm system during the period in which his or her alarm permit is suspended or revoked.

3. Unless there is separate indication that there is a crime in progress, the Police Chief may refuse police response to an alarm dispatch request at an alarm site for which the alarm permit is revoked.

47.13    APPEAL FROM DENIAL, SUSPENSION OR REVOCATION.

1. If the Police Chief denies the issuance or renewal of a permit, or suspends or revokes a permit, he or she shall send written notice of such action and a statement of the right to an appeal, by certified mail, return receipt requested, to both the applicant or alarm user and the alarm business. The applicant or alarm user may appeal the decision of the Police Chief to the City Manager by filing a written request for a review, setting forth the reasons for the appeal within twenty (20) days after receipt of the notice from the Police Chief. An alarm business may submit the request for review on behalf of an alarm user. Filing of a request for appeal shall stay the action by the Police Chief suspending or revoking a permit until the City Manager has completed his/her review. If a request for appeal is not made within the twenty-day period, the action of the Police Chief is final.

2. Alarm users shall be entitled to a hearing before the City Manager, if requested within twenty (20) days of receipt of notice of a denial or revocation of permit by the Police Chief. An alarm business may submit a request for hearing on behalf of an alarm user.

3. The City Manager shall conduct a formal hearing and consider the evidence by any interested person. The City Manager shall make his/her decision on the basis of a preponderance of the evidence presented at the hearing including, but not limited to, certification that alarm users have been retrained, that a defective part has been repaired or replaced, or that the cause of the false alarm has been otherwise determined and corrected. The City Manager must render a written decision within thirty (30) days after the request for an appeal hearing is filed. The City Manager shall affirm, reverse, or modify the action of the Police Chief. The decision of the City Manager is final as to administrative remedies with the City.

47.14    REINSTATEMENT OF PERMIT. A person whose alarm permit has been revoked may be issued a new permit if the person:

1. Submits an updated application; and

2. Pays or otherwise resolves all citations, fines, and fees; and

3. Submits a certification from an alarm business, that complies with the requirements of this chapter, stating that the alarm system has been inspected and repaired (if necessary) by the alarm business.

47.15    VIOLATIONS. If any violation of this chapter continues, each day’s violation shall be deemed a separate violation. All violations are deemed to be strict liability offenses of the owners of the premises.