Chapter 9.20
ALARM SYSTEM CONTROL

Sections:

9.20.010    Title for citation.

9.20.020    Definitions.

9.20.030    User instructions.

9.20.040    Automatic dialing device – Certain interconnection prohibited.

9.20.050    False alarms, hearing and determination.

9.20.060    Confidentiality – Statistics.

9.20.070    Allocation of revenues.

9.20.080    Duty to maintain alarm system.

9.20.010 Title for citation.

This chapter shall be known as the alarm system control ordinance. (Ord. 92-115 § 1, 1992)

9.20.020 Definitions.

For the purposes of this chapter the following definitions apply:

“Alarm business” means a person, firm, partnership, corporation, association or other legal entity, engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of any alarm system in or on any building, structure, facility or portion thereof.

“Alarm system” means an assembly or equipment, mechanical or electrical, or both, designed and used to signal the occurrence of an illegal or unauthorized entry or attempted entry or other illegal activity on the premises of the alarm user, which requires or solicits urgent attention and to which the police are expected to respond.

“Alarm user” means a person, firm, partnership, corporation, association or other legal entity in control of a building, structure, facility or portion thereof within the city wherein an alarm system is used.

“Automatic dialing device” means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and to transmit by voice message or code signal an emergency message indicating a need for emergency response. An automatic dialing device is an alarm system.

“Excessive false alarm” means a false alarm which occurs following two previous false alarms within a 12-month period.

“False alarm” means a signal or activation by an alarm system which elicits a response by the police department when a situation requiring a response by the police does not in fact exist. False alarms do not include an alarm signal by an alarm system which is caused by violent and extraordinary conditions of nature or other extraordinary circumstances not reasonably anticipated or subject to control by the alarm business operator or the alarm user.

“Governmental political unit” means any tax-supported public agency.

“Interconnect” means to connect an alarm system including an automatic dialing device to a telephone line either directly or through a mechanical device that utilizes a telephone for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

“Municipal court” means the Silverton municipal court.

“Monitoring center” means a facility used to receive emergency and general information from an alarm user and to direct an emergency response.

“Police chief” means the police chief of Silverton, Oregon or his designee.

“Police department” means the Silverton police department. (Ord. 92-115 § 2, 1992)

9.20.030 User instructions.

Every alarm business, which operates as such on behalf of alarm users within the city, shall furnish the user with instructions which enable the user to operate the alarm system properly without false alarms and to obtain service for the alarm system. (Ord. 92-115 § 3, 1992)

9.20.040 Automatic dialing device – Certain interconnection prohibited.

A. It is unlawful for any person to program an automatic dialing device to select any 911 line, capable of signalling a need for police response; and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select any 911 line upon receipt of notice from the police chief, directing that such disconnection or reprogramming occur.

B. The city and other governmental providers of emergency and critical municipal services, including but not limited to water, sewer, and streets, are exempt from the provisions of this section. (Ord. 92-115 § 4, 1992)

9.20.050 False alarms, hearing and determination.

A. An alarm user, whose alarm system has two or more false alarms within a 12-month period, shall be subject to a charge for excessive false alarms. Excessive false alarm charges shall be paid by the alarm user notwithstanding an agreement or claim of liability which holds an alarm business responsible for such charges. Excessive false alarm charges shall be established by resolution in an amount designed to encourage correction in an alarm system or in the operation of an alarm system, to discourage false alarms and to reimburse the city for the use of its policy resources.

B. After each of the first two false alarms during a year, the police chief shall send by regular mail a notice of false alarm to the alarm user and the alarm business. The notice shall advise the alarm user and the alarm business of the date and time of the false alarm and the specific number of false alarms recorded by the coordinator for the alarm system during the current year. The notice shall also advise that upon the occurrence of a third false alarm during the year, the alarm user will be charged a fee for each excessive false alarm.

C. If the police department responds to a second false alarm during the year, the police chief shall forward a notice by regular mail to the alarm business stating that the police department has responded to two false alarms at the address where the alarm system is located. This notice shall also advise that the occurrence of any additional false alarms at the address where the alarm system is located during the year will result in a fee to the user for excessive false alarms.

D. The police chief shall prescribe the form of the notice to be used in this section. For purposes of determining which form of mailing and notice to use, any alleged false alarm, which is disputed as provided in this section and for which a final determination has not been made, shall be treated as having occurred. The police chief shall insure that adequate records of notices being sent to alarm users and alarm businesses are maintained by the police department. Failure of a person to receive a notice shall not invalidate any proceeding in connection with a false alarm or in the imposition of additional charges.

E. An alarm user or alarm business who is aggrieved by the determination that a particular false alarm has occurred may request a hearing. The request shall be made in writing and filed with the police chief and the municipal court within 10 days of the date on which the alarm user is sent the notification of false alarm for which a hearing is requested. Unless a request for a hearing is made in accordance with this section, an alarm user shall have waived any right to challenge the decision whether a particular false alarm occurred and the false alarm shall thereafter be treated as having occurred on the date and time alleged. If a hearing is requested in accordance with this subsection, the municipal court shall notify by regular mail the person requesting the hearing of the time and place of the hearing.

F. Every hearing to determine whether a false alarm has occurred shall be held before the municipal court without a jury. The court may in the interest of justice consolidate hearings which involve the same alarm user or alarm system and false alarms within the same year. The person requesting the hearing may be represented by counsel, but counsel shall not be provided at public expense. If counsel is to appear, written notice shall be provided to the municipal court and police chief not less than five business days prior to the hearing date. The police chief, or the city’s designated representative, and the person requesting the hearing shall have the right to present written and oral evidence. Oral testimony shall be taken only on oath or affirmation and shall be subject to the right of cross-examination. (Ord. 92-115 § 5, 1992)

9.20.060 Confidentiality – Statistics.

A. Except as otherwise required by law, if an alarm user requests that information submitted by the user as part of an application to be kept in confidence, such information shall be held in confidence and shall be deemed a public record exempt from disclosure under Oregon law. The police department shall be responsible for maintenance of records created under this chapter.

B. Notwithstanding the requirements of subsection A of this section the police department shall develop and maintain statistics for purposes of evaluating alarm systems. (Ord. 92-115 § 6, 1992)

9.20.070 Allocation of revenues.

All fees and charges collected pursuant to this chapter shall be deposited in the police budget of the general fund in the city, and are nonrefundable. (Ord. 92-115 § 7, 1992)

9.20.080 Duty to maintain alarm system.

A. It is the duty of an alarm user to maintain its alarm system in good operating condition and free of false alarms.

B. An alarm user whose alarm system generates three or more false alarms within a year violates this chapter. (Ord. 92-115 § 8, 1992)