Chapter 8.24
ALARM SYSTEMS
Sections:
8.24.050 Alarm business monitoring duties.
8.24.060 Alarm systems in apartment complexes – Contracted for by individual tenants.
8.24.070 Alarm systems in apartment complexes – Furnished by the apartment complex as an amenity.
8.24.080 Local or audible alarm system cutoff.
8.24.090 Operational defects to be remedied.
8.24.100 Alarm dispatch verification process.
8.24.120 Suspension of police response.
8.24.130 Tampering prohibited.
8.24.150 Applicability of provisions.
8.24.010 Purpose and intent.
A. This chapter is adopted for the purpose of regulating and permitting alarm systems to which the police department is expected to respond. It is to encourage alarm users and alarm businesses to maintain the operational reliability of and properly use alarm systems and to reduce or eliminate false alarm dispatch requests.
B. This chapter governs systems intended to summon police responses, requires permits, establishes fees, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension or loss of permits. [Ord. 766B, 2004; Ord. 655B, 1999.]
8.24.020 Definitions.
The following words or phrases shall have the meanings set forth for the purposes of this chapter. Words used in the present tense shall include the future, words in the plural number shall include the singular number, and words in the singular number shall include the plural number. The word “shall” is always mandatory and not merely directory. Words not defined in this section shall have their usual and ordinary meanings.
“Alarm,” “alarm system,” and “alarm equipment” means an electrical detection system by which the detection unit shall be at a location separate from monitoring stations on a premises owned or occupied by a private party or a government agency. The monitoring unit of the system shall be connected by telephone cable or other means to the detecting units and shall be located at a monitoring station. Each detection system, which is individually monitored, shall be deemed a separate unit. The term includes systems which are monitored by agencies other than the city, private or public, and which agencies notify the department when such alarms are sounded. “Alarm” does not include:
1. An alarm installed on a vehicle unless the vehicle is permanently located at a site; or
2. An alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the alarm site.
“Alarm administrator” means a person designated by the city to administer, control, and review alarm applications, permits, and alarm dispatch requests.
“Alarm company” means the business, by an individual, partnership, corporation, or other entity, of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring an alarm system in an alarm site.
“Alarm dispatch request” means a notification to the department by the alarm company that an alarm, either manual or automatic, has been activated at a particular alarm site.
“Alarm site” means a single premises or location served by an alarm. Each tenancy, if served by a separate alarm in a multi-tenant building or complex, shall be considered a separate alarm.
“Alarm user” means any person, firm, partnership, corporation, or other entity using an alarm system at its alarm site.
“Conversion” means the transaction or process by which an alarm user may contest fees or the suspension of police response and request reinstatement of police response.
“False alarm” means an alarm dispatch request to the department when the responding officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site. An alarm dispatch request which is canceled by the alarm business or the alarm user prior to the time the responding officer reaches the alarm site shall not be considered a false alarm.
“Master alarm permit” means the permit issued to apartment complexes that furnish alarm systems in each individual unit as an amenity.
“Monitoring” means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to the city for the purpose of summoning police response to the alarm site.
“Permittee” means any person, firm, partnership, corporation, association, organization, company, or other entity issued an alarm permit.
“Person” includes any individual, partnership, corporation, or association.
“Silent or remote alarm” means an alarm without an obvious local indication that an alarm has been activated which transmits a signal to a remote monitoring station.
“Takeover” means the transaction or process by which an alarm user takes over control of an existing alarm system which was previously controlled by another alarm user.
“Verification” means an attempt by the alarm business or its representative to contact the alarm site by telephone or other electronic means, whether or not actual contact with a person is made, before requesting a police dispatch in an attempt to avoid an unnecessary alarm dispatch request. [Ord. 655B, 1999.]
8.24.030 Permit required.
A. It is unlawful for any person, firm, partnership, corporation, or other legal entity to use, own, or lease an alarm system, or to be in control of a premises wherein an alarm system is operated or maintained without having first obtained a permit as provided in this chapter.
B. It is unlawful for any person, firm, partnership, corporation, or other legal entity to use, own, or lease an alarm system, or to be in control of a premises wherein an alarm system is operated or maintained when a permit therefor has been revoked.
C. A permit must be obtained for each separately addressed operating location.
D. Every alarm user shall obtain an alarm user’s permit for each system within 60 days of the time when the system becomes operative.
E. Alarm systems in effect at the date of passage of the ordinance codified in this chapter which do not currently have a permit shall have 60 days to apply for a permit.
F. All permits issued are valid indefinitely unless revoked. [Ord. 655B, 1999.]
8.24.040 Permit application.
A. Each applicant for an alarm user permit shall file a written application supplied by the department at a cost of $15.00. Nothing in this section shall prevent an alarm company from submitting an application and paying the fee on behalf of its customer. The fee may be waived for senior citizens over the age of 65, or disabled persons if they are the primary occupant of the residence, and if no business is conducted in the residence.
B. Any alarm user who does not have a valid alarm user permit for the specific location or premises where an alarm activation results in the dispatch of police to the premises will be notified by regular mail within 30 days of the occurrence by the alarm administrator that no alarm user permit is currently on file for that specific location. The alarm user will be assessed a fee of $75.00 for each notice to the department of an activation of a burglary or robbery alarm system at the protected premises. The fee will be in addition to any fee imposed pursuant to this chapter.
C. Each permit application shall include, but is not limited to:
1. The full legal name, address, and telephone number of the applicant;
2. The name, address, and telephone number of the person who will be the permit holder, be responsible for the proper maintenance and operation of the alarm system, and payment of the fees assessed pursuant to this chapter;
3. The name, address, and telephone number of the premises where the alarm system is located;
4. The name, address, and telephone number of the alarm business performing the alarm system installation, and/or the business responsible for the maintenance or repair of the alarm system;
5. The name, address, and telephone number of the alarm business monitoring the alarm system if different from the alarm business specified above;
6. The type of alarm system at the protected premises; and
7. A list of three persons, including their addresses and telephone numbers, who can be contacted and will respond to the premises in the event of an emergency or to reset or deactivate the alarm system, or who could contact the alarm user if the alarm user is not at the protected premises.
D. Upon receipt of a completed written application form and permit fee, the alarm administrator shall issue an alarm user permit to the applicant unless:
1. Any false statement of material matter is made on the application;
2. An incomplete application is submitted;
3. An order of suspension of police response is currently imposed on the alarm user pursuant to this chapter; or
4. The alarm user is delinquent on payment of any fees imposed under this chapter.
E. An application for an alarm user permit shall be denied if:
1. The applicant has failed to pay false alarm fees required by this chapter for a different protected premises under the applicant’s ownership or control; or
2. The applicant has failed to comply with any provision of this chapter or other ordinances of the city. [Ord. 655B, 1999.]
8.24.050 Alarm business monitoring duties.
A. Alarm businesses operating in the city shall:
1. Attempt to verify every alarm signal, except a duress or holdup alarm activation, before requesting a police response to an alarm signal; and
2. Communicate verified cancellations of alarm dispatch requests to the police.
B. When any person notifies the department or any employee thereof of an alarm activation from an alarm business, they shall state the following information:
1. The business name;
2. The address of the activated alarm;
3. The name and type of establishment from which the alarm originated;
4. The precise location of the alarm activation (if there is more than one floor or department); and
5. The type of alarm, such as silent robbery, silent burglary, or ringer-type.
C. Alarm businesses that request police response to an alarm signal shall maintain a record of all police calls stating the time, date and location of the alarm. The records shall indicate the cause of the alarm and if the alarm is not caused by a criminal offense, attempted criminal offense, or emergency situation, then the record shall state corrective action taken to prevent the recurrence of the false alarm. This record shall be current and shall be made available to the department any time during normal business hours. [Ord. 655B, 1999.]
8.24.060 Alarm systems in apartment complexes – Contracted for by individual tenants.
A. If an alarm system is installed by an individual tenant in an apartment complex unit, the tenant must provide the following information, in addition to a completed alarm user permit application as set forth in this chapter:
1. The name, address, and telephone number of a representative of the apartment owner or property manager who can grant access to the apartment for purposes of monitoring, maintaining, installing, or repairing the alarm system; and
2. The name, address, and telephone number of a representative of the apartment owner or property manager who can grant access to the apartment to the department in case of emergency.
B. For purposes of enforcing this chapter against an individual residential unit, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant’s residential unit. [Ord. 655B, 1999.]
8.24.070 Alarm systems in apartment complexes – Furnished by the apartment complex as an amenity.
A. If the apartment complex owner or property manager provides an alarm system in each residential unit as an amenity, then the owner or property manager of the apartment complex shall obtain a master alarm permit from the alarm administrator. The fee for said permit shall be assessed per residential unit in the amount of $5.00. All units, whether occupied or not, shall be included in calculating the required fee.
B. For purposes of assessing fees and enforcing this chapter, the master alarm permit holder is responsible for payment of fees for false alarm dispatches emitted from the alarm systems in residential units.
C. The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas. A fee for such a permit shall be the same as the fee for a residential alarm site. [Ord. 655B, 1999.]
8.24.080 Local or audible alarm system cutoff.
A. No automatic property, burglary, or robbery alarm when activated shall cause an audible sound to be heard off the premises continuously for more than 15 minutes.
B. Owners of existing automatic property or burglary alarms which, when activated, send audible sounds off the premises and sound continuously until turned off, shall limit the duration of the sound to 15 minutes or less by such methods as installing an automatic shutoff mechanism, connecting to a monitoring system, or converting to more modern equipment.
C. Nothing in this section shall limit duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury. [Ord. 655B, 1999.]
8.24.090 Operational defects to be remedied.
The sensory mechanisms used in connection with alarm systems shall be adjusted to reduce false alarm activations caused or activated by impulses due to transient pressure changes in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noises adjacent to the installation, or other forces unrelated to genuine alarm activations. [Ord. 655B, 1999.]
8.24.100 Alarm dispatch verification process.
A. Every alarm system business that monitors alarm systems in the city shall maintain a verification process with those subscribers who have an automatic alarm system to prevent false alarms from resulting in unnecessary police dispatch requests.
B. A verification process is an independent method of determining that a signal from an automatic alarm system reflects a need for immediate police response. The verification process shall not take more than five minutes calculated from the time that the alarm signal has been accepted by an alarm system monitoring business until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the following:
1. The establishment of voice communication with an authorized person at or near the premises who may indicate whether or not a need for immediate police response exists;
2. A feature that permits the alarm user or a person authorized by the alarm user to send a special signal to the alarm system monitoring business that will cancel an alarm immediately after it has been set and prevent the monitoring company from calling for a police dispatch;
3. The installation of a video system that provides the alarm system monitoring company the ability to ascertain that activity is occurring which warrants immediate police response; or
4. A confirmation that a signal reflects a need for immediate police response either by the alarm user, a person authorized by the alarm user, or an alternate response agency made before dispatching police. [Ord. 655B, 1999.]
8.24.110 False alarm charges.
A. The city shall charge and collect from the person owning or occupying a premises for a false alarm originating at said premises as follows:
1. For response to a premises from which a false alarm has not occurred within the preceding 180 days: no fee;
2. For a second response to a premises within 180 days after a first response: no fee;
3. For a third response to a premises within 180 days after a first response: $75.00;
4. For a fourth response to a premises within 180 days after a first response: $150.00;
5. For a fifth response to a premises within 180 days after a first response, and for all succeeding responses within 180 days of the last response: $250.00.
B. All fees due and payable under this section shall be billed by the city finance department. Said fees shall be paid within 30 days after the date of billing. A service charge of one percent per month shall be added to any billing for such fees not paid within said 30-day period.
C. The department will provide a false alarm reduction class. If the class is attended, a third false alarm fee can be waived. [Ord. 831B, 2007; Ord. 655B, 1999.]
8.24.120 Suspension of police response.
A. As a penalty for continuous false alarm dispatches at a particular alarm site, alarm users may be subject to suspension of police response to future alarm activations. Such suspension will have no impact or bearing on emergency 911 calls made by the alarm user. After five false alarms within any 12-month period, the alarm administrator shall send written notification by regular mail to the alarm user that will contain the following information:
1. That five false alarms have occurred within a 12-month period;
2. That if one more false alarm occurs within the next six months, police officers will not respond to any subsequent alarm dispatch requests for that particular alarm site without the written approval of the chief; and
3. That the approval of the chief can only be obtained by applying in writing for reinstatement. The chief may reinstate the alarm user upon finding that all outstanding fees imposed and owed to the city under this chapter have been paid, and reasonable efforts have been made to correct the false alarms. Such corrections or repairs may consist of, but are not limited to:
a. Renovation of the alarm system by an alarm business or authorized service personnel;
b. Installation of new system; or
c. Material changes to the existing alarm system so as to reduce the number of false alarm activations.
B. Reinstatement of the alarm user, by written approval from the chief, shall nullify the previous five alarms and shall initiate a new 12-month period for purposes of calculating the number of false alarms pursuant to this chapter.
C. Unless there has been written approval by the chief reinstating the alarm user, the alarm administrator shall notify the alarm user upon the occurrence of the sixth false alarm by certified mail of the suspension of police response. The suspension of police response to an alarm user shall begin 10 days after the date of the written notification.
D. For purposes of this section, under a master alarm permit, each individual apartment unit will be considered a separate alarm site.
E. The order of suspension of police response may be appealed to the chief as set forth in this chapter. [Ord. 655B, 1999.]
8.24.130 Tampering prohibited.
Any person who willfully and without cause tampers with, cuts, breaks, defaces, or activates any alarm (including auxiliary alarm devices, wires, or wire supports or appurtenances thereto) being monitored by or on behalf of the department, or who intentionally transmits an alarm knowing no emergency exists, shall be deemed to have committed an infraction. The provisions of this section shall not apply to:
A. Employees of the department engaged in their official duties;
B. Any competent representative of a manufacturer of alarm equipment who, with the consent and knowledge of the chief, is modifying, adjusting, altering, repairing, or replacing the alarm system or any of its component equipment; or
C. Any competent insurance rating engineer who is testing the alarm in discharge of his duties and with the consent and knowledge of the chief. [Ord. 655B, 1999.]
8.24.140 Appeals process.
A. Any alarm user subject to the imposition of a fee or order of suspension of police response may appeal under the terms of this chapter within 14 days from the issue date of the written notification from the alarm administrator.
B. The filing of a request for an appeal with the chief will stay the fee or suspension of police response until a decision is made on the appeal.
C. Appeals must contain the following information:
1. The reasons for the appeal, such as mitigating circumstances for the cause of the false alarm; and
2. Written verification of an inspection of the alarm system for any mechanical, electrical, or other malfunction that may have been the cause of the alarm activation, and, if a malfunction is deemed to exist, written verification of the correction or repair of the alarm system. [Ord. 655B, 1999.]
8.24.150 Applicability of provisions.
The terms and provisions of this chapter shall apply to all alarm systems located within the corporate limits of the city if response thereto is made by the department, whether such alarm is monitored by or on behalf of the department or by any other agency, public or private. [Ord. 655B, 1999.]
8.24.160 Penalty.
Any person found to have committed an infraction under this chapter shall be assessed a monetary penalty not to exceed the sum of $500.00 for each separate infraction. [Ord. 655B, 1999.]