Chapter 5.5
ALARM SYSTEMS¹

Sec. 5.5-1. Purpose.

(a) The purpose of this chapter is to encourage alarm users and alarm companies to properly use and maintain the operational effectiveness and proper utilization of alarm systems and to eliminate false alarms which divert law enforcement from responding to legitimate calls for service.

(b) This chapter governs systems intended to summon law enforcement, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension or loss of registration. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-2. Definitions.

In this chapter:

Alarm administrator means a person or persons designated to administer, control and review false alarm reduction efforts.

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

Alarm dispatch request means a notification to the Communications Center that an alarm, either manual or automatic, has been activated at a particular alarm site.

Alarm review board will consist of members as follows: three (3) members of the public and an alarm company representative. Board members are appointed by the council to deal with conflicts/disputes that cannot be resolved at a lower level.

Alarm site means a single fixed premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multitenant building or complex shall be considered a separate alarm site.

Alarm system means a device or series of devices, including, but not limited to, systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement personnel. “Alarm system” does not include an alarm installed on a vehicle or person unless the vehicle or personal alarm is permanently located at a site.

Alarm user means any person, firm, partnership, corporation or other entity who uses or is in control of any alarm system at its alarm site.

Automatic voice dialer means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to the Communications Center.

Cancellation is the process by which an alarm company verifies with the alarm user or responsible party that a false dispatch has occurred and that there is not an existing situation at the alarm site requiring law enforcement.

Conversion means the transaction or process by which one alarm company begins monitoring of a previously unmonitored alarm system or an alarm system previously monitored by another alarm company.

Duress alarm means a silent alarm system signal generated by the manual activation of a device intended to signal a life threatening situation or a crime in progress requiring law enforcement response.

False alarm means an alarm dispatch request to the Communications Center, when the responding officer finds no evidence of a criminal offense or attempted criminal offense or evidence after having completed an investigation of the alarm site.

Robbery alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

Law enforcement authority means the chief of police.

Local alarm system means any alarm system that enunciates an alarm only by an internal or external audio device.

Monitoring means the process by which an alarm company receives signals from an alarm system and relays an alarm dispatch request to the Communications Center for the purpose of summoning police to the alarm site.

Panic alarm means an audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.

Person means an individual, corporation, partnership, association, organization or similar entity.

Takeover means the transaction or process by which an alarm user takes over control of an existing alarm system, which was previously controlled by another alarm user.

Verify means an attempt, by the alarm company, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before requesting law enforcement in an attempt to avoid an unnecessary alarm dispatch request.

Zones are subdivisions into which an alarm system is divided to indicate the general location from which an alarm system signal is transmitted. (Ord. No. 4278, § 2, 1-29-01; Ord. No. 4301, § 1, 8-19-02)

Sec. 5.5-3. Alarm systems in apartment complexes.

(a) If an alarm system installed by an individual tenant in an apartment complex unit is monitored, the tenant must provide the name of a representative of the apartment owner or property manager who can grant access to the apartment.

(b) For purposes of enforcing this chapter against an individual residential unit, the tenant is responsible for false alarms emitted from the alarm system in the tenant’s residential unit.

(c) Each apartment unit shall be considered an alarm site. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-4. Duties of the alarm user.

(a) An alarm user shall:

(1) Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarms; and

(2) Make every reasonable effort to respond or cause a representative to respond to the alarm system’s location within twenty (20) minutes when notified by the police to deactivate a malfunctioning alarm system, to provide access to the premises or to provide alternative security for the premises; and

(3) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.

(b) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than fifteen (15) minutes.

(c) An alarm user shall have a properly licensed alarm company inspect the alarm system after two (2) false alarms in a one-year period. The alarm administrator may waive an inspection requirement if it determines that a false alarm(s) could not have been related to a defect or malfunction in the alarm system. After four (4) false alarms within a one-year period, the alarm user must have a properly licensed alarm company modify the alarm system to be more false alarm resistant or provide additional user training as appropriate.

(d) An alarm user shall not use automatic voice dialers. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-5. Duties of alarm company.

(a) Upon enactment of the ordinance codified in this chapter, alarm companies shall not install a device activating a robbery alarm which is a single action nonrecessed button. An alarm company must remove all single action nonrecessed buttons when a takeover or conversion occurs.

(b) Upon enactment of the ordinance codified in this chapter, alarm companies shall use control panels tested for conformance to the Security Industry Association (SIA) control panel standard features for false alarm reduction.

(c) An alarm company performing monitoring services shall:

(1) Offer a training period in which no request for dispatch by law enforcement will occur during the first seven (7) days after installation of an alarm system, but rather will use that week to train the alarm user on proper use of the alarm system unless circumstances necessitate immediate requests for response as determined by the alarm administrator;

(2) Report alarm signals by using telephone numbers designated by the alarm administrator;

(3) Attempt to verify every alarm signal, except a fire, duress and robbery alarm activation before requesting a law enforcement officer to an alarm system signal;

(4) Communicate alarm dispatch requests to the communications center in a manner and form determined by the alarm administrator;

(5) Communicate cancellations to the communications center in a manner and form determined by the alarm administrator;

(6) Ensure that all alarm users of alarm systems equipped with a fire, duress or robbery alarm receive adequate training as to the proper use of the alarm;

(7) Communicate any available information (north, south, front, back, floor, etc.) about the location of the alarm;

(8) Communicate type of alarm activation (silent or audible, interior or perimeter);

(9) Endeavor to contact the alarm user when an alarm dispatch request is made. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-6. Duties of the alarm administrator.

(a) The alarm administrator shall establish a procedure to record such information on alarm dispatch requests as necessary to permit the alarm administrator to maintain necessary records sufficient to comply with this chapter.

(b) The alarm administrator shall establish a procedure for the notification to the alarm user of a false alarm. Options include, but are not limited to, the officer leaving a door hanger or notice at the alarm site.

(c) If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the alarm administrator may require a conference with an alarm user and the alarm company responsible for the repair of the alarm system to review the circumstances of each false alarm. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-7. Penalties.

An alarm user shall be subject to penalties, warnings and suspension, depending on the number of false alarms emitted from an alarm system within a twelve-month period. The twelve-month period is from January 1st through December 31st of each year.

	Number of false alarms	Penalties
	1 – 2	0
	3 – 4	$50.00 each
	5 or more	$100.00 each

If cancellation occurs prior to law enforcement arriving at the scene, this is not a false alarm for the purpose of fines and no fines will be assessed. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-8. Suspension of response.

(a) The alarm administrator may suspend alarm response if it is determined that:

(1) The alarm user has five (5) or more false alarms in one (1) year; or

(2) The alarm user has failed to make timely payment of a fine assessed under section 5.5-7 of this code; or

(3) The alarm user has failed to submit a written certification from an alarm company, that complies with the requirements of this chapter, stating that the alarm system has been inspected and repaired (if necessary) by the alarm company.

(b) Unless there is separate indication that there is a crime in progress, the law enforcement authority may refuse law enforcement response to an alarm dispatch request at an alarm site. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5-5.9. Notification.

The alarm administrator shall notify the alarm user in writing after each false alarm. The notification shall include the amount of the penalty for each false alarm, the fact that response may be suspended after the fifth false alarm and a description of the appeals procedure available to the alarm user. The alarm administrator will notify the alarm user and the alarm company in writing after the fifth false alarm that alarm response has been suspended. This notice of suspension will also include the amount of the fine for each false alarm and a description of the appeals procedure available to the alarm user and the alarm company. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-10. Appeals.

(a) An alarm user may appeal the assessment of a penalty, suspension, or request reinstatement to the alarm administrator. The filing of an appeal with the alarm administrator stays the assessment of the fine or suspension until the alarm administrator makes a final decision. The alarm user shall file a written appeal to the alarm administrator by setting forth the reasons for the appeal within ten (10) days after receipt of the penalty notification.

(b) If the alarm administrator denies the issuance or renewal of an alarm registration, or suspends response, the alarm administrator shall send written notice of the action and a statement of the right to an appeal.

(c) A second level of appeal is available to the alarm review board in cases where the alarm user is not satisfied with the decision of the alarm administrator.

(1) The alarm user or the alarm company on behalf of the alarm user may appeal the decision of the alarm administrator to the alarm review board by filing a written request for a review setting forth the reasons for the appeal within ten (10) days after receipt of the notice from the alarm administrator.

(2) The alarm review board shall conduct a formal hearing and consider the evidence by any interested person(s). The board shall make its decision on the basis of the preponderance of evidence presented at the hearing. The board must render a decision within ten (10) days after the hearing. The board shall affirm or reverse the assessment of the fine. The decision of the board is final as to administrative remedies of the city.

(3) Filing of a request for appeal shall stay the action by the alarm administrator suspending a registration or requiring payment of a fine, until the alarm review board has completed the review. If a request for appeal is not made within the ten-day period, the action of the alarm administrator is final. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-11. Reinstatement.

A person whose alarm response has been suspended may have alarm response reinstated by the alarm administrator or the alarm review board if the person has abided by one or more of the following:

(1) Pays, or otherwise resolves all penalties;

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

(3) Submits proof that an employee of the alarm company caused the false alarm;

(4) Files with the alarm administrator a written statement from an alarm inspector that the alarm or alarm system has been inspected and found to be in good working order or repaired. (Ord. No. 4278, § 2, 1-29-01)

Sec. 5.5-12. Government immunity.

This chapter 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. Police response may be based on factors such as availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc. (Ord. No. 4278, § 2, 1-29-01)

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Footnotes

1. Editor’s note – Ord. No. 4278, § 1, adopted Jan. 29, 2001, repealed Chapter 5.5, relating to alarm systems and alarm suppliers. Said chapter was derived from Ord. No. 3568 §§ 1 – 11, adopted Sept. 9, 1981, as amended by Ord. No. 3642, §§ 1, 2, adopted May 3, 1982, Ord. No. 3889, §§ 1, 2, 3, adopted Dec. 7, 1987, and Ord. No. 4014 §§ 1 – 7, adopted Sept. 16, 1991.

Cross reference – Licenses generally, Ch. 21.