Division 15.28
Building Security
Chapters:
15.28.195 Exercise of Regulatory Police and Licensing Powers.
15.28.200 Burglary Alarm – Definitions.
15.28.210 False Alarm – Infraction.
15.28.211 False Alarm Response Fee.
15.28.220 Alarm Systems – Standards.
15.28.231 Alarm User Permits – Biannual Reports.
15.28.233 Revocation of Alarm User Permit – Grounds.
15.28.234 Revocation of Alarm User Permit – Procedures.
15.28.235 Method and Time of Payment.
15.28.236 Initial Compliance Period.
15.28.250 Rules and Regulations.
15.28.260 Confidential Information.
15.28.180 Purpose.
The purpose and intent of this division is to:
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.195 Exercise of Regulatory Police and Licensing Powers.
A. The provisions of this division are adopted as an exercise of the City’s police power to promote the public health, safety, and welfare and are not intended to protect individuals or otherwise establish or create a “special relationship” with any particular class or group of persons who will or may be affected by the provisions of this division. This division neither creates nor imposes any duty to protect on the part of the City nor any of its departments, divisions, officials, agents, or employees. The obligation of complying with the requirements of this division and the consequences for failing to do so is placed solely upon the parties responsible for owning, operating, monitoring, or maintaining alarm systems within the City.
B. To the extent that the City may not exercise regulatory power with respect to the licensing requirements of this division, such licensing requirements shall be deemed to be an exercise of the City’s power to license for revenue for the privilege of engaging in business in the City.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.200 Burglary Alarm – Definitions.
As used in this division:
A. “Alarm Administrator” means the person designated by the Chief of Police or such person’s designee as the person responsible for administering the provisions of this division and/or the rules and regulations adopted pursuant to Chapter 15.28.250 of this code.
M. “False alarm response fee” means the fee assessed pursuant to Chapter 15.28.211 of this code.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.210 False Alarm – Infraction.
A. False Alarm. A false alarm, for which the City assesses a false alarm response fee, is not punishable as an infraction under this code.
B. Infractions. Except as provided in subsection A of this chapter, violations of the provisions of this division are punishable as an infraction. The penalty for an infraction is a fine, as set forth in Section 1.16.010.C.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.211 False Alarm Response Fee.
A. The City may assess a false alarm response fee for each public safety response to a false alarm. The amount of such fee shall be established as provided in Chapter 15.28.232 of this code.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.220 Alarm Systems – Standards.
A. Alarm systems installed within the City after the enactment of this division shall be listed with Underwriters Laboratory, Inc., or be marked to state by other nationally recognized testing organizations, “Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction.”
B. The Alarm Administrator may grant an exception to the requirement in subsection A of this chapter when the Alarm Administrator determines that the alarm system, device, or component is substantially equivalent to, or exceeds, the applicable Underwriters Laboratory, Inc., alarm testing standards.
C. The Alarm Administrator may require the alarm business, alarm user, or person responsible for the alarm system, device, or component to submit documentation and certification from a qualified authority necessary to make the exception determination set forth in subsection B of this chapter.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.231 Alarm User Permits – Biannual Reports.
A. It shall be unlawful for any person to:
1. Connect to an alarm system or to have such an alarm system, directly or indirectly, monitored via telephone, cable, wire, wireless transmission, video, electronic device, or other means by any person or entity not having the license(s) or permits required by this division.
2. Permit to be used or operated any alarm system that is monitored by means of telephone, cable, wire, wireless transmission, video, electronic device, or other means by any person or entity not having the license(s) required by this division.
B. Every alarm user shall have and maintain an alarm user permit for each alarm system owned, maintained, or controlled by such alarm user. Except as provided in subsection D of this chapter, each alarm user permit shall be issued annually for a particular alarm system and shall not be assignable or transferable from (1) one alarm system to another; (2) one person to another; or (3) one protected building, place, property, premises, building, dwelling, or residence to another.
C. The application for an alarm user permit shall be on a form provided by the Alarm Administrator and accompanied by the fee required under Chapter 15.28.232.B of this code. The information in the application form shall include, but not be limited to, the location of the alarm system (e.g., street address); the name, address, and telephone number of the alarm user; the number, type, and location of the alarm system(s) at that location; the name, address, and telephone number of an emergency contact person; and such other information as the Alarm Administrator may reasonably deem necessary to carry out the purpose and intent of this chapter.
D. An alarm user permit application may be denied by the Alarm Administrator on the following grounds:
1. The alarm system is deficient in that it does not comply with the rules and regulations adopted by the Chief of Police pursuant to Chapter 15.28.250 of this division and/or results in excessive false alarms;
2. The applicant has had a similar-type alarm user permit previously revoked for good cause within the past year, unless the applicant can provide evidence to the Alarm Administrator’s satisfaction that a material change in circumstances has occurred since the date of revocation indicating his/her ability to comply with the provisions of this division; or
3. The violation of any of the provisions of this division within three years prior to the date of application, unless the applicant can provide evidence to the Alarm Administrator’s satisfaction that the applicant is capable of complying with the provisions of this division.
F. In addition to the information required under subsection E of this chapter, each alarm business or monitoring company shall submit in a biannual report to the Alarm Administrator a current list of all alarm systems within the City that are monitored by such business or company. The information in the report shall include, but not be limited to, the location of each alarm system monitored by the business or company (e.g., street address); the name, address, and telephone number of the system subscriber; the number, type, and location of alarm systems at that location; the name, address, and telephone number of an emergency contact person for such location; the locations (e.g., street address) that are no longer monitored by the business or company; and such other information as the Alarm Administrator reasonably deems necessary to carry out the purpose and intent of this division.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.232 Fee Amounts.
A. The fee for the business license required by this division shall be in the amount required by Title 5 of this code, as may be amended from time to time.
B. The fee for the annual alarm user permit required by Chapter 15.28.231 of this code shall be in an amount set by resolution of the City Council, as may be amended from time to time.
C. The false alarm response fee specified in Chapter 15.28.211 of this code shall be in an amount set by resolution of the City Council, as may be amended from time to time.
E. The alarm user permit fees and false alarm response fees paid to the City shall be deposited into a police services account, which shall be used to offset the cost of personnel, equipment, supplies, and administrative costs incurred by the City in responding to alarms and administering this division.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.233 Revocation of Alarm User Permit – Grounds.
The following shall constitute grounds for revocation of an alarm user permit:
A. The violation of any of the provisions of this division;
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.234 Revocation of Alarm User Permit – Procedures.
C. If a meeting is requested, the meeting shall be conducted in the manner provided in Chapter 15.28.240 of this code; provided, that any and all delinquent penalties, fines, or payments are fully paid by the person requesting the meeting to the date of the filing of the appeal.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.235 Method and Time of Payment.
A. Business License. The business license required under Chapter 15.28.202 of this code shall be obtained in accordance with Title 5 of this code.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.236 Initial Compliance Period.
A. All persons subject to this division shall have 60 days from the effective date of this division to obtain all licenses and permits required by this division. The false alarm response fee, however, and the liability for the payment thereof, shall immediately take effect upon the effective date of this division.
B. Within 60 days from the effective date of this division, all alarm businesses and monitoring companies doing business within the City shall assist their system subscribers in obtaining the alarm user permit required under this division by providing each system subscriber with the permit application form, collecting the required permit fee, and forwarding the completed applications and fees to the Alarm Administrator. During such 60-day time period, such companies shall also provide their system subscribers with a copy of this division, accompanied by a written summary of this division or a “frequently asked questions” sheet, which shall further advise the system subscriber to read this division in its entirety.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.237 Police Response.
D. The alarm business or alarm system monitoring company does not utilize enhanced call verification or two-call verification procedures prior to requesting a police response to the protected premises. The provisions of this subsection D shall apply to alarm systems at the protected premises and not to robbery alarms or panic alarms at the protected premises.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.238 Suspended Response.
A. The Alarm Administrator may discontinue or suspend police responses, excluding responses to robbery or panic alarms, to a particular location under any of the following situations:
2. The request for a police response to the location is received from a person or entity that is in violation of this division.
C. Any discontinuance or suspension issued hereunder may be appealed as provided in Chapter 15.28.240 of this code; provided, that:
2. The appeal is filed within 10 days from the date of the notice specified in subsection B of this chapter. The failure to file an appeal within such time period shall be a waiver of the person’s right to appeal.
D. Any penalty or fine imposed hereunder may be appealed as provided in Chapter 15.28.240 of this code; provided, that:
2. The appeal is filed within 10 days from the date of the notice specified in subsection B of this chapter. The failure to file an appeal within such time period shall be a waiver of the person’s right to appeal.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.240 Appeals.
A. The meeting or appeal permitted under Chapter 15.28.234 and Chapters 15.28.238.C and D of this code shall be conducted in accordance with the provisions of this chapter. For the purpose of this chapter, “appellant” means the person requesting the meeting under Chapter 15.28.234 of this code or the person filing the appeal under Chapter 15.28.238.C or D of this code.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.250 Rules and Regulations.
In order to administer and implement the provisions of this division, the Chief of Police is authorized to adopt written rules and regulations that do not conflict with the provisions hereof.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.28.260 Confidential Information.
To the maximum extent permitted by law, the information required by this division to be provided to the City shall be deemed to be confidential and not subject to public inspection or disclosure: (A) if the information is proprietary in nature and identified as such, or (B) if the public interest in nondisclosure clearly outweighs the public interest in disclosure (e.g., the disclosure of such information would threaten the safety or security of alarm users, public safety officers, or other persons).
(Ord. 1982, Repealed and Replaced, 12/13/2022)