Chapter 7.15
BURGLARY AND ROBBERY ALARMS
Sections:
7.15.005 Short Title.
7.15.010 Purpose and Scope.
7.15.015 Definitions.
7.15.020 Alarm Permits Required; Exceptions.
7.15.025 Application for Permit; Confidentiality.
7.15.030 Permit Fees.
7.15.035 False Alarms.
7.15.040 Right to Appeal.
7.15.045 Other Governmental Entities.
7.15.050 Alarm Termination.
7.15.055 Automatic Dialing Device.
7.15.060 Penalties.
7.15.005 Short Title.
BC 7.15.005 through 7.15.060 shall be known and may be cited as the “Alarm Ordinance” and may also be referred to as “this ordinance.” [BC 7.15.005, added by Ordinance No. 3647, 11/28/88; amended by Ordinance No. 4085, 2/7/00]
7.15.010 Purpose and Scope.
The purpose of this ordinance is to protect the emergency services of the City from misuse by governing burglary and robbery alarm systems, requiring permits, establishing fees, and providing for punishment for violations. This ordinance applies to alarm systems found in vehicles only if the alarm system is a mobile alarm system as defined in BC 7.15.015. [BC 7.15.010, added by Ordinance No. 3647, 11/28/88; amended by Ordinance No. 4085, 2/7/00]
7.15.015 Definitions.
For the purpose of this ordinance, the following mean:
Alarm System – Any device intended to signal the occurrence of an event that places property or human life at risk under circumstances that reasonably justify an urgent response by police, fire or emergency medical personnel.
Alarm User – An owner, operator, lessor, lessee or tenant, jointly or severally, of any vehicle, building or structure in which an alarm system is installed.
Automatic Dialing Device – A device connected to a telephone or other communication system that transmits a signal to a person regarding an urgent need for police, fire or emergency medical assistance.
Burglary Alarm System – A silent or audible alarm system activated by an intruder or attempted intruder who enters or attempts to enter an area protected by the alarm system.
False Alarm – An alarm signal that elicits an urgent response by police, fire or emergency medical personnel, when in fact circumstances reasonably justifying such a response did not exist at the time the alarm signal was transmitted. The term does not include (1) an alarm signal transmitted within the first twenty days following the installation of a new alarm system, or (2) an alarm signal transmitted because of violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user.
Mobile Alarm System – A silent or audible alarm system that is a part of a vehicle and that includes an automatic dialing device.
Robbery Alarm System – A silent or audible alarm system activated by a person protected by the alarm system and that signals a robbery or attempted robbery at a business. [BC 7.15.015, added by Ordinance No. 3647, 11/28/88; amended by Ordinance No. 4085, 2/7/00]
7.15.020 Alarm Permits Required; Exceptions.
A. An alarm user shall obtain a permit from the Police Department for the use of a burglary, robbery or mobile alarm system. The alarm permit shall be valid for a period of one year from the date of issuance.
B. An alarm user need not obtain a permit for:
1. The use of any alarm system installed in a vehicle, including a mobile alarm system, or
2. The use of any alarm system dedicated to signaling the occurrence of a fire. [BC 7.15.020, added by Ordinance No. 3647, 11/28/88; amended by Ordinance No. 3730, 6/25/90; and Ordinance No. 3834(1), 11/9/92; Ordinance No. 4085, 2/7/00]
7.15.025 Application for Permit; Confidentiality.
A. An alarm user required to obtain an alarm permit under BC 7.15.020 shall apply to the Police Department for an alarm permit upon forms prescribed by the department, and shall set forth such information as the department may require. The alarm applicant shall report a change in any of the information provided on the permit application form within 30 days following the change.
B. The department may require the alarm user to provide the following information on the application:
1. The street address and telephone number of the location where the alarm system is used.
2. The name, address, and telephone number of the applicant.
3. The address where notices regarding the alarm system are to be mailed.
4. Whether the alarm is audible, silent or both.
5. If the alarm activates, whether the police will be contacted by an alarm monitoring company or similar entity and, if so, the name and 24-hour telephone number of the monitoring company.
6. In order of priority, the name and telephone number of at least three persons, including the applicant, who can be contacted to assist the police in turning off the alarm, investigating suspected criminal activity or resolving other issues that may arise in connection with the alarm system.
7. If applicable, the nature of the business conducted where the alarm system is located.
8. If applicable, the type of residence (such as house, condominium, apartment or other) where the alarm system is located.
9. If applicable, the names of the people normally residing at the residence where the alarm system is located.
10. If applicable, the breed and name of any dog normally present where the alarm system is located, and information regarding whether the dog is commonly kept inside, outside or in a kennel.
11. The applicant’s date of birth, but only if the applicant is 65 years of age or older and is requesting an exemption from the required payment of an alarm permit fee.
C. To the extent permitted by law, information submitted to the City on an alarm permit application form shall be considered confidential and exempt from public disclosure. [BC 7.15.025, added by Ordinance No. 3647, 11/28/88; BC 7.15.025 (B)(4) and (B)(5), amended by Ordinance No. 3730, 6/25/90; and Ordinance No. 3834(2), 11/9/92; Ordinance No. 4085, 2/7/00]
7.15.030 Permit Fees.
A. The fee for each permit, hereinafter referred to as the permit application fee, shall be set by resolution adopted by the Council.
B. If an applicant for an alarm permit is over the age of 65, and if no business is conducted at the location where an alarm system is in use, the permit application fee shall be waived.
C. If an alarm system is located on real property that becomes a part of the City, and a county has issued an alarm permit regarding the alarm system, and the permit is valid on the date the property becomes subject to the City’s jurisdiction, the alarm user need not apply for an alarm permit from the City until the date on which the alarm permit issued by the county would have expired or otherwise would have terminated, had the property not become a part of the City. Except as otherwise provided in this subsection, any alarm system within the city is subject to all the provisions of this ordinance.
D. A delinquency charge in the amount of $25.00 will be assessed to an alarm user who:
1. Fails to obtain a permit within 30 days following the installation of a new alarm system; or
2. Fails to obtain a permit within 30 days following written notice of the need to obtain an alarm system permit; or
3. Fails to renew a permit within 30 days following the date of expiration of the permit; or
4. Fails to report a change in any of the information provided on the permit application form within 30 days following the change.
No application fee or other charge shall be assessed for reporting a change of information under subsection D. 4 of this section if the information is reported within 30 days of the date of the change and involves the same applicant. [BC 7.15.030, added by Ordinance No. 3647, 11/28/88; BC 7.15.030(D)(3) amended by Ordinance No. 3730, 6/25/90; Ordinance No. 3834(3), 11/9/92; Ordinance No. 4085, 2/7/00]
7.15.035 False Alarms.
A. Whenever an alarm system is activated and a police officer is dispatched, police personnel shall determine whether the alarm is a false alarm.
B. An alarm user whose alarm system has three (3) or more false alarms within a calendar year shall be subject to a fine, which fine shall be paid within two weeks following notice. The amount of the fine shall be set by resolution adopted by the Council.
C. If four or more false alarms occur within the same calendar year, the Chief of Police or his designee shall have the right to (1) inspect the alarm system following written notification, or (2) require an inspection of the alarm system by an alarm technician. If an inspection is required, then within 15 days following the notice to the alarm user of the need for an inspection, the technician shall file a report with the City stating findings made and any corrective measures taken or planned. Any expense incurred by either the City or the alarm user in hiring a technician shall be the responsibility of the alarm user.
D. No person shall use an alarm system found likely to cause false alarms under subsection C of this section. [BC 7.15.035, added by Ordinance No. 3647, 11/28/88; BC 7.15.035(A), amended by Ordinance No. 3730, 6/25/90; BC 7.15.035(B) and (C) amended by Ordinance No. 3834(4), 11/9/92]
7.15.040 Right to Appeal.
A. Any alarm user who has been notified of a false alarm, or assessed a false alarm fine may, within two weeks after being notified that an alarm was determined to be a false alarm, appeal to the Chief of Police by giving written notice to the chief of police and, if applicable, posting a bond equal to the amount of the fine.
B. The alarm user shall be given reasonable notice of the hearing. Failure of the alarm user to appear at the hearing shall, if applicable, result in (1) the forfeiture of the appeal bond, and (2) application of the forfeiture toward the false alarm fine.
C. The Chief of Police or his designee shall serve as the hearing officer. The burden of proof shall be upon the alarm user to show by a preponderance of the evidence that the alarm signal in question was not a false alarm.
D. After receipt of all relevant evidence, the hearing officer shall render a decision within one week. If the hearing officer determines that the alarm user:
1. Has met the burden of proof, then the hearing officer shall order the appeal bond released to the alarm user and rescind the false alarm determination; or
2. Has not met the burden of proof, then the hearing officer shall enter the alarm as a false alarm and, if applicable, order the appeal bond forfeited and applied toward the fines assessed by the City. [BC 7.15.040, added by Ordinance No. 3647, 11/28/88]
7.15.045 Other Governmental Entities.
An alarm user that is a government, a governmental subdivision or a governmental agency, including a county, city or special district, shall obtain an alarm permit, but is exempt from the payment of any fee and fine otherwise provided herein. [BC 7.15.045, added by Ordinance No. 3647, 11/28/88; amended by Ordinance No. 4085, 2/7/00]
7.15.050 Alarm Termination.
A. If a police officer responds to an audible alarm and the alarm system continues to transmit an audible signal for 15 minutes after (1) a responsible party or designated person has been requested to stop the alarm from sounding, or (2) no responsible party or designated person is available to respond, then the officer may disable the alarm and secure the premises.
B. 1. Neither the City nor its employees shall be held responsible for damages resulting from (a) disabling an alarm, or (b) securing the premises, or (c) failing to disable an alarm, or (d) failing to secure the premises.
2. Any costs incurred by the City in disabling the alarm or securing the premises shall be the responsibility of the alarm user. [BC 7.15.050, added by Ordinance No. 3647, 11/28/88]
7.15.055 Automatic Dialing Device.
A. No person shall program an automatic dialing device to dial a number, including 9-1-1, that directly solicits a police response.
B. No person shall fail to disconnect or reprogram an automatic dialing device that is in violation of this ordinance following written notification that the device is so programmed. [BC 7.15.055, added by Ordinance No. 3647, 11/28/88; amended by Ordinance No. 4085, 2/7/00]
7.15.060 Penalties.
A. Violation of this ordinance constitutes a Class 1 civil infraction and shall be processed in accordance with the procedures set forth in BC 2.10.010 through 2.10.055.
B. Each violation of a provision of this ordinance constitutes a separate offense, and each day that violation of this ordinance is committed, or is permitted to continue, constitutes a separate offense.
C. A finding that a person has committed a civil infraction in violation of this ordinance shall not act to relieve the person from the provisions of this ordinance. [BC 7.15.060, added by Ordinance No. 3647, 11/28/88]