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Article 10-5
ALARM SYSTEMSSections:
10-5-1 Applicability
10-5-2 Definitions
10-5-3 Oro Valley Police Department Responsibilities
10-5-4 Alarm Business Duties
10-5-5 Alarm Subscriber Duties
10-5-6 Proprietor Alarm Responsibilities
10-5-7 Permits and Exemptions
10-5-8 Warning Notices and Penalties
10-5-9 Alarm System Prohibitions
10-5-10 Grace Period
10-5-11 Prohibition of Automatic or Prerecorded Messages or Signals Directly to the Town of Oro Valley
10-5-12 Confidentiality
10-5-1 Applicability
This article is intended to regulate alarm systems or devices. It is further intended to encourage the improvement in reliability of these systems, devices and services and to ensure that Police Department personnel will not be unduly diverted from responding to actual criminal activity as a result of responding to false alarms. This article specifically encompasses subscriber "Burglar Alarms," "Robbery Alarms," "Panic Alarms," "Holdup Alarms," and "Proprietor Alarms," both audible and inaudible (silent). The provisions of this article shall not apply to alarm systems which are owned or maintained by the Town of Oro Valley and installed on premises in which the Town has a property interest.
((O)98-07, Adopted, 03/18/1998)
10-5-2 Definitions
Act of God. An unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, which cannot be prevented by reasonable human care, skill or foresight.
Alarm or Alarm System. Any electrical instrument(s) or other device(s) which as one of its purposes is used to protect buildings, premises or persons from criminal acts or unauthorized entry through the emission or transmission of a sound or signal.
Alarm Business. Any person, firm, partnership, corporation or other entity who (which) owns or conducts the business of any one or more of the following: selling, leasing, renting, maintaining or monitoring alarm systems, devices or services.
Common Cause. A common technical difficulty or malfunction which causes an alarm system to generate a series of false alarms. Said series of false alarms shall be counted as one false alarm only if the false alarms have all occurred within a seventy-two (72) hour period, and the responsible alarm business has documented, to the Police Chief, or his designee, the action taken to rectify the cause and a thirty (30) day grace period expires with the alarm system generating no additional false alarms from the documented cause.
False Alarms. Any activation of an alarm not caused by or a result of a criminal act or unauthorized entry, except for activation for testing purposes when the Police Department has been given advance notice of such testing, or activation caused by the Police Department.
Proprietor Alarms. Any alarm or alarm system which is not leased or rented from, or owned or maintained under contract by an alarm business.
((O)98-07, Adopted, 03/18/1998)
10-5-3 Oro Valley Police Department Responsibilities
The provisions of this article shall be administered in a manner prescribed by the Police Chief.
((O)98-07, Adopted, 03/18/1998)
10-5-4 Alarm Business Duties
The duties of an alarm business shall be as follows:
A. To install an alarm or alarm system compatible with the environment and be available to maintain the alarm or alarm system in good working oder and to take reasonable measures to prevent the occurrence of false alarms.
B. To instruct each of its alarm subscribers and/or principal occupants of the buildings or premises protected by an alarm system in the proper use and operation of the system. Such instructions will specifically include all necessary instructions in turning the alarm on and off in avoiding false alarms.
C. To provide each purchase and subscriber with a copy of the provisions of this article relating to alarm subscriber duties, false alarm assessments and appeal procedures.
D. Upon leasing or renting an alarm system:
1. To conspicuously place on the premises a tag identifying the pertinent alarm business including the telephone number to call when the alarm has been activated.
2. To maintain records of the location of these alarm systems, devices or services and the name and telephone number of the person and two alternates to be notified whenever the alarm is activated and to readily report such information to the Police Department upon request.
3. To inactivate or cause to be inactivated the audible alarm within thirty (30) minutes of the notification of its activation in the event the primary and alternate cannot be contacted or do not respond.
E. Upon leasing, renting, selling or monitoring an alarm system:
1. To establish a central receiving station in order to monitor these alarm systems.
2. To organize its central receiving station in order to be able to readily and positively identify the type of alarm and if there is more than one system.
3. To maintain records as to each of these alarm systems, devices or services which should include the name of the owner, or occupant of the premises, the name and telephone number of the subscriber, or primary person and at least two alternates responsible for responding to the premises when the alarm is activated and information concerning whether the alarm system includes an audible alarm.
4. To make notification of activated alarm systems in the manner prescribed by the Police Chief, or his designee, including such reasonable information concerning the alarm system as the Police Department may request.
5. If requested, to arrange for either the alarm subscriber, an alarm agent or other responsible representative to go to the premises of an activated alarm system within thirty (30) minutes of the activation of the alarm in order to be available to assist the Police in determining the reason for the activation and securing the premises. In no event shall there be an unreasonable delay in arriving at the location of the alarm.
F. Alarm businesses which do not monitor, maintain, service or install alarms or alarm systems shall not be subject to subsections A, B, C, D, E, or F of this section, but shall be responsible for instructing each person who purchases an alarm or alarm system in the proper use and operation of the alarm, informing each alarm subscriber or alarm purchaser to contact the Oro Valley Police Department for information regarding this Article, and advising each alarm subscriber of the problem of false alarms. Such instructions will specifically include all necessary instructions in turning off said alarm(s) and in avoiding false alarms.
((O)98-07, Adopted, 03/18/1998)
10-5-5 Alarm Subscriber Duties
The duties of an alarm subscriber shall be as follows:
A. To instruct all personnel who are authorized to place the system or device into operation in the appropriate method of operation, and to lock and secure all points of entry, such as doors and windows.
B. To inform all personnel who are authorized to place the alarm system into operation of the provisions of this article emphasizing the importance of avoiding false alarms. A current copy of the provisions of this article shall be maintained on the premises and be made available to persons who are authorized to place an alarm system into operation.
C. To respond to the scene of an activated alarm within thirty (30) minutes of the alarm activation after being notified by the subscriber’s alarm company or the Oro Valley Police Department.
((O)98-07, Adopted, 03/18/1998)
10-5-6 Proprietor Alarm Responsibilities
A. To be familiar with the provisions of this article.
B. To maintain the alarm or alarm system in good working order and take reasonable measures to prevent the occurrence of false alarms.
C. Upon the purchase of any alarm system, device or service which includes an audible alarm:
1. To inactivate or cause to be inactivated the alarm system within thirty (30) minutes of notification of its activation.
((O)98-07, Adopted, 03/18/1998)
10-5-7 Permits and Exemptions
The provisions of this article shall not be applicable to audible alarms affixed to automobiles and audible fire alarms.
((O)98-07, Adopted, 03/18/1998)
10-5-8 Warning Notices and Penalties
A. Any alarm system which has four (4) or more false alarms within any consecutive three hundred sixty-five day (365) period shall be subject to assessment as provided herein. Warning letters detailing dates and times of the first three (3) false alarms along with information on assessments for future false alarms will be mailed to the subscriber and their alarm company within seven (7) days of the third false alarm.
B. If the Police Department records four (4) or more false alarms within any consecutive three hundred sixty-five (365) day period:
1. The Police Department shall notify both the alarm subscriber and alarm business or the proprietor alarm owner by mail or fax of such fact and direct that a report be submitted to the Police Chief within twenty (20) calendar days of the date of the mailing. The report shall contain:
(a) A description of the action taken or to be taken to discover and eliminate the cause of the false alarm.
(b) Specific defenses, if any, why the alleged false alarms should not be considered false alarms. Evidence that a false alarm was caused by an act of God, common-cause or action of the telephone company shall constitute affirmative defenses to an assessment for the particular false alarm.
2. The report required in paragraph (1) shall be received by the Police Chief or his designee within the time specified. If the report is not timely submitted, any notified party shall be deemed to have waived his right to any further review or hearing as provided herein and the alarm business and the alarm subscriber or the proprietor alarm owner operating the alarm system generating the false alarms will be assessed pursuant to paragraph (5) of this subsection.
3. If the report required in paragraph (1) is submitted, the Police Chief or his designee shall review the corrective action taken or to be taken to discover and eliminate the cause of the false alarms and the specific defenses, if any, set forth in the report to the initial determination of the false alarms has been accepted, a notice shall be sent to all notified parties that no citation will be made at that time. The notice shall specifically set forth the findings and conclusions of the Police Chief with respect to the review of the report submitted.
4. If the Police Chief or his designee determine that a defense to the initial determination of false alarms has not been alleged or accepted, a citation shall be sent forth by mail to both the alarm subscriber and the alarm business or the proprietor alarm owner that they will be assessed pursuant to paragraph (5) of this subsection upon a fourth false alarm.
5. The assessment(s) imposed pursuant to paragraphs (2) and (4) of this subsection shall be a minimum civil fine in an amount of fifty-five dollars ($55) per false alarm up to the fifth false alarm and one hundred fifty dollars ($150) per alarm thereafter (sixth false alarm or up). The property owner or resident and the alarm business will be jointly and severally responsible for the payment of any assessments imposed upon their alarm system. The owner or resident of the alarm site shall be responsible for the payment of any assessments imposed upon a proprietor alarm system.
((O)98-07, Enacted, 03/18/1998)
10-5-9 Alarm System Prohibitions
Upon a final determination of assessment, the responsible party shall tender the fee assessed immediately or discontinue operation of the alarm system. In the event the operation of said alarm system is not discontinued and the assessment not tendered, its continued operation by the alarm subscriber, alarm business or proprietor alarm owner is unlawful and the unpaid balance will be subject to a charge of one and one-half percent (1.5%) per month, compounded monthly, in addition to the assessment, plus whatever other conditions the Court may require.
((O)98-07, Enacted, 03/18/1998)
10-5-10 Grace Period
Newly installed and reinstalled alarm systems shall not be subject to the provisions of this article relating to the counting and assessment of false alarms for a period of thirty days from the date the alarm system becomes operational. For the purpose of this section, reinstalled alarm system means the installation of a new control panel.
((O)98-07, Enacted, 03/18/1998)
10-5-11 Prohibition of Automatic or Prerecorded Messages or Signals Directly to the Town of Oro Valley
No person shall use or cause to be used any telephone device or telephone attachment that automatically selects or dials a published emergency telephone number or any Town of Oro Valley telephone number and then reproduces any prerecorded message or signal; provided that this section shall not apply to a life safety alert system utilizing residential transmitting equipment designated for direct telephone access to dedicated control receiving equipment.
((O)98-07, Enacted, 03/18/1998)
10-5-12 Confidentiality
Information furnished and secured pursuant to this ordinance shall be confidential and shall not be subject to public inspection, except in case of court action.
((O)98-07, Enacted, 03/18/1998)
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