Chapter 9.10
ALARMS*
Sections:
9.10.030 Alarm system permit requirements.
9.10.040 Alarm system permit revocation and discontinuance of response.
9.10.050 Alarm system permit reinstatement.
9.10.060 Service charges for false alarms.
9.10.070 Declaring continuous audible alarms to be a public nuisance.
9.10.080 Alarm business registration requirements.
9.10.090 Alarm business registration duration and renewal.
9.10.100 Duties of the alarm businesses.
9.10.110 Alarm business registration revocation.
9.10.130 Penalties and enforcement.
* Prior legislation: Ord. 67.
9.10.010 Purpose.
The purpose of this chapter is to provide for and promote the health, safety and welfare of the general public, not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially benefited by the terms of this chapter. This chapter does not impose or create duties on the part of the City or any of its departments, and the obligation of complying with the requirements of this chapter, and any liability for failing to do so, is placed solely upon the parties responsible for owning, operating, monitoring, installing or maintaining security alarm systems.
The intent of this chapter is to encourage alarm businesses and alarm users to maintain the operational viability of security alarm systems and to significantly reduce or eliminate false alarm dispatch requests made to the Police Department.
The City regulates security alarm businesses to assure that responses to false alarms do not diminish the availability of police services to the general public and to assure that citizens who cannot afford or do not choose to operate security alarm systems are not penalized for their condition or choice.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006).
9.10.020 Definitions.
“Alarm Administrator” means the person or persons designated by the City Manager to hear appeals of matters arising under this chapter.
“Alarm business” means persons, partnerships, corporations, or associations who conduct the business of monitoring any alarm system within the City of University Place. “Alarm business” also includes persons, partnerships, corporations, or associations who conduct the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system at a premises for compensation, and includes individuals or firms that install and service alarm systems used in a private business or proprietary facility.
“Alarm system” means any system, device, or mechanism which, when activated, transmits a telephone message to a private monitoring company or some other number or emits an audible or visible signal that can be heard or seen by persons outside the protected premises or transmits a signal beyond the premises in some other fashion, except any system, device or mechanism primarily protecting a motor vehicle.
“Alarm user” means any person or entity who has contracted for monitoring, repair, installation or maintenance service from an alarm business for an alarm system, or who owns or operates an alarm system which is not monitored, maintained or repaired under contract.
“Burglary alarm system” means an alarm system designed or used for detecting and reporting an unauthorized entry or attempted unauthorized entry upon real property protected by the system.
“Department” means the City of University Place Department of Community and Economic Development, its agent, the University Place Police Department or other agent authorized by the City Manager.
“False alarm” means the activation of any burglary, panic or robbery alarm system when no crime is being committed or attempted on the premises. An alarm shall be presumed to be false if the police officers responding do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes or other violent acts of nature shall not be deemed to be false alarms.
“False alarm service charge” means a charge for each false alarm response.
“Permittee” means the person(s), corporation, or other business entity to whom a permit has been issued under this chapter.
“Premises” means a location served by one or more alarm systems. In a multi-unit building or complex, each unit shall be considered a separate alarm site if served by a separate alarm system. In a single-unit building that houses two or more separate businesses with separate alarm systems, each business will be considered a separate alarm site.
“Robbery alarm system” means an alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death.
(Ord. 749 § 15, 2021; Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006; Ord. 218 §§ 1, 2, 1999)
9.10.030 Alarm system permit requirements.
A. Permit Required. No person or entity shall operate or use an alarm system on any premises within the City of University Place under that person’s or entity’s control without first having obtained from the Department a separate permit for each premises protected by an alarm system and having paid any applicable fees. The Department need not respond to any alarm system for which a permit has not first been obtained. For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if:
1. The person controls both the alarm system and the premises upon which it is installed; or
2. The person controls the premises and is the subscriber, client, or tenant of the alarm user; or
3. The person is the alarm user.
B. Application. All persons or entities required to obtain a permit must complete a permit application form and pay the applicable fee. Information required to be provided on the permit application form includes, but is not necessarily limited to:
1. Alarm user’s name, address, and telephone number(s);
2. Names and telephone numbers of three additional persons who will respond in the absence of the alarm user in the event of alarm activation;
3. Name of the alarm company responsible for regular maintenance; and
4. Any other information that the Department deems appropriate.
C. Expiration and Renewal. A permit shall expire one year from the date of registration and must be renewed annually by submitting an updated application and renewal fee. Permits issued prior to January 1, 2021, unless renewed by submitting an updated application and renewal fee, shall expire on the anniversary date of their original issuance. Failure to renew will result in alarm dispatch requests from the alarm business not being accepted for dispatch.
D. No permit shall be issued to any person, corporation or other business entity whose alarm permit has been revoked within the preceding six months by the City.
E. If an alarm permit is not obtained prior to installation, an alarm permit shall be sought no later than 20 days after installation.
F. Duties of Alarm Users. An alarm user shall:
1. Display the street address of the alarm site at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises;
2. Maintain the alarm site and utilize the alarm system in a manner that will minimize or eliminate false alarms;
3. Make every reasonable effort to have a responder to the alarm system’s location within 45 minutes, when requested by the law enforcement agency, in order to:
a. Deactivate an alarm system; or
b. Provide access to the alarm site; or
c. Provide alternative security for the alarm site;
4. Not activate an alarm system for any reason other than an occurrence of an event that the alarm system is intended to report;
5. Pay all fees as required by this chapter.
G. Any person who owns, operates, or possesses any alarm system within the City of University Place which does not conform to the requirements of this chapter shall disconnect that alarm system and render it inoperable.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006; Ord. 284 § 1, 2000; Ord. 218 § 3, 1999).
9.10.035 Alarm fees.
A. Alarm businesses and alarm users are subject to all fees (including service fees), suspensions, penalties or other requirements that are applicable.
B. All fees related to alarm permits, including new initial alarm permits and alarm permit renewals, shall be collected by the Department and shall be as set forth in the City’s fee schedule.
C. Refunds. No refund of a permit or permit renewal fee will be made.
D. Existing Alarm Systems.
1. An alarm business shall, within 30 days after being notified in writing from the Department, provide a list of existing alarm users in the City of University Place to the Department to include name, address, billing address, and telephone number in a manner decided upon by the Department.
2. Failure to comply and provide customer lists to the Department as required will result in a fine per working day (after the initial 30-day notice expires, i.e., day 31) until the alarm business complies with the requirement. Failure to comply will also result in automatic suspension of alarm permits which are traceable to the alarm business.
E. New Alarm Systems. Any alarm business that installs an alarm system on premises within the City of University Place must notify the Department within 10 days after the date of installation, or such longer time as the Department deems appropriate, and provide the name, address, billing address, and telephone number of the alarm user and a copy of the customer false alarm prevention checklist. The failure to notify in accordance with terms of this subsection shall constitute a violation of this chapter.
F. Upon receipt of a completed alarm permit application form and the alarm permit fee, the Department shall authorize response to the applicant unless:
1. The applicant has failed to pay a false alarm fee, fine or other charge assessed under this chapter.
2. An alarm permit for the alarm site has been suspended and the violation causing the suspension has not been corrected.
G. Government entities, including but not necessarily limited to the City of University Place and the University Place School District, must obtain permits for all alarm systems on their property under their control within the City of University Place, but are exempt from payment of permit and renewal fees.
H. Moneys generated by fees and charges assessed pursuant to this chapter shall be deposited into the appropriate public safety revenue accounts.
I. In addition to any other remedy available under State law or the UPMC, the Department may collect charges and fees owing under this chapter which are delinquent for more than 30 days by assigning them to a collection agency.
(Ord. 734 § 1 (Exh. A), 2020).
9.10.040 Alarm system permit revocation and discontinuance of response.
A. Grounds. The Department may revoke a permit and/or discontinue responding to alarm system calls at the location of any permittee:
1. Whose alarm system has resulted in more than five false alarm responses by the Department within a six-month period; or
2. Who has failed to pay a service charge or fee, as authorized by this chapter, within 60 days of billing.
B. Notice of Revocation and Nonresponse. The Department shall notify the permittee and the alarm business, if applicable, in writing either by first class mail sent to the last known address or by personal service of the notice of revocation and nonresponse and the grounds therefor. Proof of service by mail or by personal service shall be retained by the City. The notice of revocation and nonresponse shall specify the specific date of revocation, which shall be no sooner than 21 days after either the notice is deposited in the mail or personally served, and that the Department may discontinue responding to alarms which occur at the premises described in the revoked permit after the date of revocation. The notice shall also set forth the filing fee for an appeal.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006; Ord. 218 § 4, 1999).
9.10.050 Alarm system permit reinstatement.
A. Reinstatement of the permit may be made upon receipt by the Department of the following:
1. Payment of any outstanding service charges, a reinstatement fee and any other fees owed to the City; and
2. a. A letter from a licensed alarm company that the alarm system is operating properly or the permittee’s agents are properly trained in the alarm system operation; or
b. Similar documentation from an owner/tenant who has personally installed the alarm system.
B. The City shall not be responsible for any costs incurred by the permittee to qualify for reinstatement.
C. Reinstated permittees will be billed for any false alarm responses after reinstatement, and will be subject to further revocation after three more false alarm responses during the remainder of the six-month period.
D. Permits will not be reinstated if there are any outstanding fees or service charges due.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006; Ord. 218 § 5, 1999).
9.10.060 Service charges for false alarms.
A. False alarm service charges shall be billed to and paid by the alarm user for a false alarm response.
B. A permittee shall be notified of all false alarm service charges assessed by the Department by a written notification sent via U.S. mail to the last known address of the permittee. A declaration of service by mail shall be retained by the City. The written notification shall require that the service charge be paid no later than 30 days after the date the notification is mailed by the Department.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006; Ord. 218 § 6, 1999).
9.10.070 Declaring continuous audible alarms to be a public nuisance.
An alarm system that emits an audible signal for more than 15 minutes and disturbs the peace and tranquility of the public is hereby declared to be a public nuisance and subject to abatement as provided by this code.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006; Ord. 218 § 7, 1999).
9.10.080 Alarm business registration requirements.
A. Registration Required. From and after July 1, 2006, all person(s) who conduct the business of monitoring alarm systems in any building, structure, site, or other property within the City of University Place are required to register with the Department and obtain a City of University Place business license.
B. Registration Application. All alarm businesses are required to complete a registration application form and pay the applicable registration fee. Information required to be provided on the registration application form includes, but is not limited to:
1. Alarm business name, physical address, mailing address, business telephone number;
2. Contractor and State business license number;
3. Principals of the alarm business;
4. A 24-hour telephone number to the monitoring center; and
5. A list of alarm systems being monitored within the City of University Place.
C. Alarm Business Registration Restrictions.
1. Any false statement of material fact made by an applicant for the purpose of obtaining an alarm business registration to monitor alarm systems shall be sufficient cause for refusal to issue or to revoke a registration.
2. An alarm business registration cannot be transferred to another person or business.
3. An alarm business shall inform the Department of any change that alters any of the information in subsection (B) of this section within five business days of such change.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006).
9.10.090 Alarm business registration duration and renewal.
An alarm business’s registration shall expire one year from the date of registration and must be renewed annually by submitting an updated application and renewal fee to the Department. It is the responsibility of the alarm business to submit an application prior to the registration expiration date. Failure to renew will result in alarm dispatch requests from the alarm business not being accepted for dispatch.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006).
9.10.100 Duties of the alarm businesses.
Alarm businesses shall:
A. Work cooperatively with the Department to reduce dispatches to false alarms;
B. Provide the Department with information regarding alarm systems installed, operated, monitored and canceled within the City of University Place in the format (paper or electronic) requested by the Department at least quarterly or as otherwise requested by the Department;
C. Inform the Department of any alarm site that is ineligible for an alarm dispatch;
D. Inform the Department of alarm sites that protect weapons, ammunition, explosives, or certain types of hazardous materials which require a third party capable of responding to secure the alarm site;
E. Make all requests for alarm dispatches to a telephone number and in the form designated by the Department;
F. Not make requests for alarm dispatches for alarm systems that are on the Department’s nonresponse list for a revoked permit;
G. Program arming station control panels to send cancel codes to abort dispatches;
H. Upon takeover of any alarm system, the alarm business shall upgrade or modify the alarm system to bring the system into compliance with this chapter;
I. Alarm businesses must maintain for a period of at least one year records relating to alarm dispatch requests. Records must include the name, address, and phone number of the alarm user, the alarm system zone(s) and sensors activated, use of third-party responders, the time of alarm dispatch request and, if applicable, reasons which led to alarm cancellations. The Department may request copies of such records for individually named alarm users;
J. Alarm businesses that perform monitoring services for a fee whose registration is suspended or revoked are required to notify all alarm user customers within five days of the suspension or revocation. The alarm user shall be notified that the Department shall not accept alarm dispatch requests from the suspended or revoked business, and will not respond to their alarm during the alarm business’s suspension or revocation; and
K. If, after having been notified of a suspended, discontinued or revoked registration, the alarm business thereafter requests a response on behalf of an alarm user or permittee, unless the call is either not a false call or canceled, the alarm business shall be responsible for a false alarm fee as provided in this chapter.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006).
9.10.110 Alarm business registration revocation.
A. Grounds for Revocation. The Department may revoke an alarm business registration for failure to comply with the provisions of this chapter, or for the failure to comply with requests for information from the Department as provided for in this chapter.
B. Notice of Revocation. The Department shall notify such registrant in writing by first class mail or personal service of the revocation of the alarm business registration and the grounds thereof. The notice shall specify the specific date of revocation, which shall be no sooner than 21 days after the notice is deposited in the mail or personally served, and that the Department shall discontinue responding to alarm dispatch requests from the alarm business for their customers. The alarm business will be required to notify their alarm system monitoring customers that the Department will not respond to alarms at their alarm site beginning 21 days after the Department mails notice to the alarm business.
C. Reinstatement. Alarm business registration may be reinstated upon receipt and approval by the Department of a plan to correct the conditions that led to the revocation and payment of all fees and penalties due from the alarm business. The City shall not be responsible for any costs incurred by the alarm business to qualify for reinstatement.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006).
9.10.120 Government immunity.
A. Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm permit, the alarm user or permittee acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, and prior response history.
B. The Department recognizes that some alarm sites may pose a greater public safety risk due to their business and/or contents of the alarmed site. In the event that a potential risk to the public is perceived due to an unsecured alarm site, the Department may elect to provide security measures to secure the site until the responsible parties can arrive. However, the Department shall not be responsible for securing any alarm site or for the loss or damage to any property.
C. The Department shall not be responsible for any acts or failure to act by the alarm user or permittee. In certain situations, the Department may not respond to requests for alarm responses due to permit revocation, or the failure to obtain a permit.
D. The Department shall not be responsible for investigating alarm sites that are inaccessible due to fences, terrain obstructions, other physical obstructions, or potentially dangerous animals.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 473 § 1, 2006).
9.10.130 Penalties and enforcement.
A. Penalties. In addition to the charges provided herein, any person who violates any provision of this chapter shall be deemed to have committed a civil infraction. The penalty for such a violation shall be a fine in the amount of $250.00, together with fees, costs and assessments. Each day that any person violates any provision of this chapter shall constitute a separate offense.
B. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
(Ord. 734 § 1 (Exh. A), 2020; Ord. 688 § 1 (Exh. E), 2017; Ord. 473 § 1, 2006; Ord. 218 § 8, 1999).
9.10.140 Appeals.
A. Except for those enforcement matters governed by UPMC 9.10.130, if the Department assesses a fee, suspends an alarm permit or denies the issuance, renewal or reinstatement of an alarm permit, the Department shall send written notice of the action and a statement of the right to appeal to the affected applicant or alarm user and the alarm business.
B. The alarm user or alarm business may appeal any action described in subsection (A) of this section to the Alarm Administrator by setting forth in writing the reasons for the appeal and delivering the appeal within 20 business days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C. The procedure for an appeal to the Alarm Administrator is as follows:
1. The applicant, alarm user, alarm business, monitoring company or other aggrieved entity may file a written request for appeal to the City of University Place setting forth the reasons for the appeal.
2. The Alarm Administrator, within 30 days after receipt of the request for review, shall either grant the relief requested, conduct a hearing or take other appropriate action. At a hearing under this section, the Alarm Administrator shall consider the evidence submitted by the appealing party and the Department. The Alarm Administrator must base his/her decision on the preponderance of evidence presented at the hearing and must render a decision within 15 days after the date of the hearing. The decision shall affirm or reverse the decision or action taken by the Department.
3. Filing of an appeal stays any action by the Department to suspend an alarm permit or require the payment of a fee or penalty until the appeal process has been exhausted. This provision applies only to the action of the Department that is the subject of the appeal. The provision does not operate as a bar to enforcement action or violations of this chapter that occur thereafter.
D. The Department or the Alarm Administrator or their respective designees may adjust the count of false alarms, or reduce or waive false alarm fees in whole or in part, based on:
1. Evidence that a false alarm was caused by action of a communications services provider (i.e., telephone, cellular, cable company);
2. Evidence that a false alarm was caused by a power outage;
3. Evidence that an alarm dispatch request was not a false alarm;
4. The occurrence of multiple alarms within a 24-hour period, which may be considered as one false alarm to allow the alarm user time to take corrective action, unless the false alarms are directly caused by the alarm user;
5. Other extenuating circumstances or a waiver or reduction is appropriate to encourage corrective action.
E. On review of fees or penalties assessed to an alarm business, the Department or Alarm Administrator may consider whether the alarm business had engaged in a consistent pattern of violations.
F. The decision of all matters decided hereunder shall be final and conclusive unless, within 21 days of the date of the final decision, an aggrieved party makes an application to a court of competent jurisdiction for review.
(Ord. 734 § 1 (Exh. A), 2020).