Chapter 9.65
ALARM SYSTEMS
Sections:
9.65.050 Local alarms with externally audible noise.
9.65.060 Testing of equipment.
9.65.070 Service charge for false alarms.
9.65.080 Confidentiality of certain information.
9.65.090 Liability for disconnection.
9.65.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Alarm conditions” means alarms activated by unlawful violation of a user’s property or other violations that the systems were designed to protect against acts of God, other violent conditions or by outside agencies or external forces not under the control of the owner, lessee or his employee or agent.
“Alarm equipment supplier” means any person that sells, leases or installs automatic protection devices or signaling devices which transmit alarms upon receipt of a stimulus from a detection apparatus or a manually operated system.
“Alarm system” means an assembly of equipment and devices such as a solid state unit, arranged to signal the presence of a hazard requiring urgent attention and to which police or fire departments are expected to respond.
“Alarm user” means any person on whose residence, commercial property, or other premises an alarm system is maintained within the town, except for alarm systems on motor vehicles. The term includes those systems which employ an audible signal emitting sounds or a flashing light or beacon designed to alert or signal persons outside the premises.
“Central station” means a facility whose prime purpose is to monitor incoming alarm signals 24 hours a day and relay the signal information to the appropriate authorities.
“Direct line” means a telephone line leading directly into the communications center of the police department that is for use only to report signals on a person-to-person basis.
“False alarm” means the activation of an alarm system caused by improper operation, negligence of the resident, owner or lessee or his employee or agent or equipment malfunction.
“Local alarm” means a signaling system which, when activated, causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.
“Person” means any individual, partnership, corporation, association, or society, but such term does not include the town.
“Police chief” means the chief of the police department or his authorized representative.
“Public trunk line” means a telephone line leading into the communications center of the police department that is for the purpose of handling emergency and administrative calls on a person-to-person basis.
“Signaling device” means an electrically operated instrument which automatically sends visual and/or audible signals to be registered by indicators at a monitor panel at the receiving terminal or central station. [Ord. 873, 1981. Code 1983 § 3-1; Code 2000 § 91.01].
Statutory reference: Municipal home rule, see IC 36-1-3-1 et seq. General powers concerning public safety, see IC 36-8-2-1 et seq.
9.65.020 Permitted devices.
No person shall use, or cause or permit to be used, an alarm system utilizing signaling devices that automatically select a public trunkline of the police department of the town and then reproduce any prerecorded message to report any robbery, burglary, fire, or other emergency. With the exception of local alarms, only signaling devices shall be permitted to be installed in the town for the purpose of reporting any robbery, burglary, fire, or other emergency to the police department of the town. [Ord. 873, 1981. Code 1983 § 3-3; Code 2000 § 91.03].
Penalty, see HMC 9.65.100.
9.65.030 Monitoring system.
The police commission of the town is authorized to contract for and maintain the installation of a uniform monitoring system to receive visual and audible signals over direct lines. [Ord. 873, 1981. Code 1983 § 3-4; Code 2000 § 91.04].
9.65.040 Inspection.
The chief of police shall have the right to inspect any alarm system on the premises where it is intended to be used, both prior to and subsequent to the issuance of a permit, at reasonable times to determine whether a permit should be granted and whether it is being used in conformity with the terms of the permit and the provisions of this chapter. Every alarm user authorization under this section shall be required to have its alarm system inspected at least once a year by an alarm equipment supplier licensed by the town and post a certificate of such inspection on the premises in plain view where the alarm system is maintained. [Ord. 873, 1981. Code 1983 § 3-5; Code 2000 § 91.05].
9.65.050 Local alarms with externally audible noise.
Local alarms with any externally audible alert shall not make a sound similar to that of civil defense warning systems and such alarms in residential districts must have an automatic cutoff after 10 minutes of sounding. [Ord. 873, 1981. Code 1983 § 3-6; Code 2000 § 91.06].
Penalty, see HMC 9.65.100.
9.65.060 Testing of equipment.
No alarm system designed to transmit alarm conditions directly to the police department shall be tested or demonstrated without first obtaining permission from the police department. Permission is not required to test or demonstrate alarm devices not transmitting alarm conditions directly to the police department, unless the alarm conditions are to be relayed to the police department. Failure to notify the police department prior to testing an alarm system shall constitute a false alarm. [Ord. 873, 1981. Code 1983 § 3-7; Code 2000 § 91.07].
Penalty, see HMC 9.65.100.
9.65.070 Service charge for false alarms.
(A) Any alarm user having false alarms shall pay a service charge according to a schedule prescribed at subsection (C) of this section, said service charge being payable to the clerk-treasurer of the town within 30 days after the invoice date. False alarm service charges shall be invoiced at the end of each quarter. First notice of a false alarm shall be given after the first alarm at any address. Second notice of false alarm service charges shall be given after the fourth and every subsequent alarm in any billing quarter with the number of alarms and amount owed to date.
(B) Any alarm user who does not pay the above service charge within the time prescribed shall be subject to a penalty prescribed by HMC 9.65.100.
(C) Service charges for false alarms are as follows:
(1) First alarm in a quarter: no charge.
(2) Second alarm in a quarter: $75.00.
(3) Third alarm in a quarter: $150.00.
(4) Fourth and successive alarms in a quarter: $300.00 each.
(5) All times prescribed in this subsection are to be construed as calendar days unless otherwise provided.
(D) False alarm service charges shall not apply when more than one false alarm occurs within a 24-hour period, on a weekend or on a holiday. Service charges shall not apply when the false alarm may be explained by a storm, a power outage, an open door or when an alarm is inadvertently set off.
(E) With written documentation, the chief of police has administrative authority to adjudicate and waive alarm service charges in circumstances when multiple false alarms occur within a short period of time and the owner has not had sufficient time to repair a defective alarm system. [Ord. 1372 § 1, 2007. Code 2000 § 91.08].
9.65.080 Confidentiality of certain information.
(A) The information contained in an alarm user authorization application required by this chapter and other information received by the police chief through correspondence or communications with an alarm user shall be securely maintained and restricted to inspection only by the police chief or town employees specifically assigned the responsibility for handling and processing alarm user authorizations in the town; provided, that this complies with IC 5-14-3 et seq. and other relevant law.
(B) Town officials and employees assigned the foregoing duties shall not knowingly or willfully reveal the information contained in an alarm user authorization application or in correspondence or communications with an alarm user to any other person for any purpose not related to this chapter or official law enforcement matters without the express written consent of the alarm user supplying such information; provided, that this complies with IC 5-14-3 et seq. and other relevant law. [Ord. 1372 § 4, 2007. Code 2000 § 91.09].
9.65.090 Liability for disconnection.
In the event the town finds it necessary to order a defective alarm system disconnected, the town shall incur no liability by such action to the extent allowed by law. [Ord. 873, 1981. Code 1983 § 3-10; Code 2000 § 91.10].
9.65.100 Penalty.
(A) In addition to the false alarm service charges prescribed by HMC 9.65.070, any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall upon prosecution be fined not less than $25.00, nor more than $500.00, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(B) Anyone charged with a violation of this section may be granted a two-week continuance to pay the amount to the clerk-treasurer before being charged with a violation in a court of competent jurisdiction, provided the continuance is granted either by the clerk-treasurer or by the chief of police. Any person paying to the clerk-treasurer the false alarm service charges prescribed by HMC 9.65.070 within the time allowed or any extension allowed shall not be subject to subsection (A) of this section.
(C) It shall be the duty of the police department to furnish a copy of the violation to the clerk-treasurer within 72 hours after the issuance of the citation. [Ord. 1372 § 2, 2007. Code 2000 § 91.99].
Statutory reference: Limitations on penalties, see IC 36-1-3-8(9) and (10).