135.01 Definitions | 135.10 Administrative Enforcement |
135.02 Alarm Permits; Renewals, Administration | 135.11 Suspension of Response |
135.03 Grace Period; New Installations | 135.12 Review and Appeals |
135.04 Alarm User Responsibilities | 135.13 Appeal Procedures |
135.05 Alarm Business Duties and Responsibilities | 135.14 Application After Denial or Revocation of Permit |
135.06 Alarm Systems In Apartment Complexes | 135.15 Reinstatement of Alarm Permit |
135.07 Responsibility of the Police Department | 135.16 False Alarm Education Program |
135.08 Alarm System Performance Reviews | 135.17 Confidentiality |
135.09 Liabilities of the Police Department | |
The following terms are defined for use in this chapter:
1. “Alarm” or “alarm system” means any mechanical or electrical device that is used to detect an unauthorized entry into a building or other facility, or to alert other persons of the occurrence of a commission of an unlawful act against a person or within a building or other facility, and that may be designed to emit an audible alarm or transmit a signal or message when activated.
A. Alarms or alarm systems include but are not limited to silent, panic, holdup, robbery, duress, burglary, check welfare, and proprietor alarms.
B. Alarms or alarm systems do not include telephone call diverters and systems that are designed to report environmental and other occurrences and that are not designed to alert, or cause other persons to alert, public safety personnel.
C. Alarms or alarm systems do not include alarms installed in a vehicle unless said vehicle is permanently located at the alarm site.
2. “Alarm administrator” means the designated representative appointed by the Police Chief whose duties shall be to promulgate rules and regulations for the implementation of the terms and conditions of this chapter related to alarms. The alarm administrator will administer, control and review alarm applications, permits, alarm forms, alarm dispatch requests, and will be part of the Alarm Review Board.
3. “Alarm business” means the business, by an individual, partnership, corporation or other authorized designated agents registered and licensed to sell, lease, maintain, monitor, service, repair, alter, replace, move, or install any alarm system in or on any building, structure, or facility in the City.
4. “Alarm business agent or employee” means any person who is employed by an alarm business responsible for selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving, installing any alarm system in or on any building, structure, or facility in the City.
5. “Alarm dispatch request” means a notification to the police by the alarm business that an alarm, either manual or automatic, has been activated at a particular alarm site.
6. “Alarm form” means a form designated by the alarm administrator for recording false alarms. Said form shall record the following information, but not be limited to only these questions:
A. Identification of the permit number for the alarm site.
B. Identification of the alarm site.
C. Arrival time at the alarm site and dispatched received time.
D. Date and time, weather conditions.
E. Area and/or or sub area involved.
F. Name of contact person on premises.
G. Identification of the responsible alarm business.
H. Indications that the alarm was caused by a criminal offense, an attempted criminal offense, or if it was a false alarm dispatch.
7. “Alarm permit” means a document issued by the alarm administrator allowing an alarm business and/or user to place an alarm in service or maintain an existing alarm at the specified alarm site. A permit is valid for one year from date of issue.
8. “Alarm site” means any building or structure or portion thereof protected by an alarm system. In the case of two or more buildings or structures or portions thereof on the same property under the same ownership protected by alarm systems that are not connected to a single control system, each building or structure or portion thereof shall be deemed to be separate and distinct alarm sites.
9. “Alarm user” or “user” means any person who leases, rents, or purchases any monitored alarm system, device, or service from an alarm business or who leases, rents, or purchases an audible alarm system or device, or who contracts with an alarm business for alarm monitoring, repair or maintenance services.
10. “Apartment provided alarm” means an alarm that is installed in a multifamily dwelling and the landlord handles the burglar alarm-monitoring contract and/or fees.
11. “Automatic voice dialer” means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded message, when activated, over a telephone line, radio, or other communication system, to a law enforcement, public safety, or emergency service agency requesting dispatch.
12. “Communications center” means the public safety answering point used to receive emergency and general information from the public to be dispatched to police personnel.
13. “Contact person” means the individual or individuals that will be utilized as being responsible for contact to be made by the Police Department when the need arises. This person is capable of reaching the alarm site within thirty minutes and has access to the site, the code to the alarm or alarm system, and the authority to approve repairs to the alarm or alarm system.
14. “Conversion” means the transaction or process by which one alarm business begins monitoring an alarm system previously monitored by another alarm business.
15. “Duress alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a crisis situation requiring immediate police response. A “one-plus duress alarm” is the manual activation of a silent signal by entering at a keypad, a code that adds one to the last digit of the normal arm/disarm code (normal code = 1234; one plus duress code = 1235).
16. “False alarm” means the activation of an alarm system when a situation requiring police response does not actually exist. Such activation may be caused by malfunction or failure of the alarm equipment, error, and/or negligence by the alarm user or said user’s agents or employees, improper alarm installation, or error on the part of the alarm business agent or employee. Exceptions: Alarms resulting from the following conditions shall not be construed as false alarms:
A. Violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user, or
B. Tornado, causing structural damage to the protected alarm site, or
C. Lightning bolt, causing physical damage to the protected alarm site, or
D. Telephone line malfunction verified in writing to the alarm administrator by at least a first line telephone company supervisor or by municipal personnel on the scene of an alarm, or
E. Notifications to the communications center the alarm business agent, employee, contact person, and/or an alarm user before a unit is dispatched to investigate that the alarm has been verified and does not require a response.
17. “False alarm education program” means a public information program to educate alarm system users on provisions of the false alarm ordinance, the proper use and maintenance of their alarm systems, and the knowledge on how to prevent false alarms.
18. “Immediate family” means an ancestor or descendant by blood or adoption; or sibling of the whole or half-blood or by adoption or stepchild or stepparent, or aunt, uncle, nephew or niece of the whole or half-blood.
19. “Keypad” means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters.
20. “Monitoring” means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to the Police Department for a response to the alarm site.
21. “Takeover” means the transaction or process by which one alarm user takes over control of an existing alarm system which was previously controlled by another alarm user. A takeover does not occur if the users are immediate family members.
22. “Secondary response” means the police receive an alarm dispatch request but will not provide alarm response until after the alarm business has provided its own alarm response to the alarm site and has determined evidence of actual or attempted criminal activity.
23. “Verify” means an attempt, by the alarm business, the alarm user or his agents or employees to contact the alarm site by telephonic or other electronic means, whether or not actual contact with an alarm user is made, before requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request.
24. “Year” means three hundred sixty-five consecutive days.
1. No alarm user shall operate or cause to be operated an alarm or alarm system at its alarm site without a valid alarm permit.
2. Alarm permits are required for each alarm site.
3. Alarm permits are issued upon the receipt of a completed application form and the set service fee unless the applicant has had an alarm permit for the alarm site revoked or suspended and/or has unpaid fees.
4. The annual fee shall reflect the administration cost. No refund of a registration or registration renewal will be made.
5. An additional fee established by the alarm administrator shall be assessed for an alarm system programmed with a duress, one-plus duress, or holdup alarm.
6. Alarm permits must be obtained within thirty calendar days of the alarm system installation and/or takeover. Alarm users who fail to register within that time period may be charged a late registration penalty.
7. All service fees owed by an applicant must be paid before a permit is issued or renewed.
8. Each alarm registration application form must include the following information:
A. The name, complete address (including apartment/suite number), and telephone numbers of the person who will be the registration holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this chapter;
B. The classification of the alarm site as either residential (includes condominiums, town homes, mobile homes, etc.) commercial or apartment;
C. For each alarm system located at the alarm site, the classification of the alarm system (e.g., burglary, holdup, duress, or other) for each purpose whether audible or silent;
D. Mailing address if different from the alarm site;
E. Any dangerous or special conditions present at the alarm site;
F. The name and telephone numbers of at least two individuals who are able and have agreed to be contact persons that receive notification of an alarm activation at any time; respond to the alarm site within thirty minutes; and upon request can grant access to the alarm site and deactivate the alarm system if such becomes necessary;
G. Type of business conducted at the alarm site;
H. Signed certification from the alarm user stating:
(1) The date of installation, conversion, or takeover of the alarm system, whichever is applicable;
(2) The name, address, and phone number of the alarm business performing the alarm system installation, conversion, or alarm system takeover and responsible for providing repair service to the alarm system;
(3) The name, address, and telephone number of the monitoring company if different from the alarm business that installed the system;
(4) That a written set of operating instructions for the alarm system, including the written guidelines on how to avoid false alarms, have been left with the applicant;
(5) That the alarm business has trained the applicant in proper use of the alarm system, including how to avoid false alarms;
(6) That law enforcement response may be based on factors such as: availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc.
9. Alarm permits are valid for one year from the date of issuance and must be renewed at which time a new permit will be issued.
10. Alarm permits are non-transferable either to a new location or to a new user.
11. Any false statement of material fact made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
12. An alarm user shall inform the alarm administrator of any change that alters any of the information listed on the alarm permit registration form within five business days of such change.
13. After receiving one alarm call to an alarm site without an alarm permit the alarm administrator will notify in writing both the alarm user and the alarm business that a permit must be obtained within thirty days. If a second or subsequent alarm call is received by the communications center after the thirty-day period and a permit has not been obtained, the alarm user will be in violation of this chapter. Until a permit is obtained, each alarm thereafter will be considered a separate violation of this chapter and will be subject to a citation and assessment of service fees as determined by the alarm administrator and recorded in accordance with this chapter.
14. Alarm businesses are required to maintain a copy of the current alarm permit on behalf of the alarm user if they monitor the system for alarms. However, it is the responsibility of the alarm user to ensure that a current permit is obtained.
15. Alarm permits must be renewed in the month of expiration. Renewals are issued after the applicant has updated his information on the application and a renewal fee paid. Renewals fees are set by the Police Department.
16. Renewals made more than thirty days after alarm permit expiration will be considered a violation of this chapter and an alarm user will have to re-apply for an alarm permit and be subject to a late fee. Failure to renew will be classified as use of a non-registered system and citations and penalties shall be assessed without waiver.
17. Only one permit per year may be issued per alarm site unless a takeover occurs.
18. Landlords of property, which have apartment-provided alarms are required to notify the alarm business of takeovers.
19. Alarm permits are not required for alarm users who have their alarms responded to by non-law enforcement agencies.
1. The provisions of this chapter do not apply to any new installation or modification of alarm systems for the first thirty days following completion of the installation or system modification.
2. Users installing a new system shall be entitled to a grace period during which false alarms generated by such systems shall be deemed non-false alarms. The grace period shall cease thirty days after installation of an alarm system.
1. The alarm user will complete an application form that includes a list for the user’s alarm business of at least two people that can serve as contact persons. The contact person will be responsible for responding to the alarm location if the need arises. Commercial users that employ less than two persons or single-family dwellings where less than two adult residents reside are only required to provide contact numbers for the actual number of employees or adult residents. The alarm user may be required to respond to the scene of an alarm.
2. The alarm user will ensure that any employee or agent that will be given the responsibility of the operation of activating or deactivating the alarm system is properly trained to do so.
3. The alarm user will be liable and responsible for false alarms at the alarm site.
4. The alarm user will not manually activate an alarm system for any other reason other than an occurrence of an event that the alarm system was intended to report.
5. An alarm user shall not use automatic voice dialers.
6. The alarm user will be responsible for ensuring that false alarms are not transmitted to the communications center.
7. The alarm user will provide the alarm administrator with signed certification stating the date of the alarm installation, conversion, or takeover, the name and telephone number of the alarm business who performed the installation, conversion, or takeover, the name and telephone number of the alarm business who will provide repair service to the system and the name and telephone number of the alarm business who will be monitoring the alarm system. Any false statement made by an applicant will be sufficient cause for the alarm administrator to refuse to issue a permit.
8. The alarm user will make sure the alarm site’s address is properly located and legible and can be seen from the street.
9. The alarm user will make sure the alarm business who installed, monitors, and services the alarm system will set all available alarms with a device to automatically reset within a fifteen-minute time period.
10. The alarm user is responsible for having the alarm system checked on a regular basis to ensure that it is functioning properly.
11. The alarm user will be required to have a properly licensed alarm business inspect the alarm system after three false alarm dispatches in a one-year period. After five false alarm dispatches, the alarm user must have a reputable alarm business modify the alarm system to be more false alarm resistant or provide additional training for the alarm user.
12. The written operating instructions for each alarm system must be maintained at each alarm site.
1. Any alarm company operating within the jurisdiction of the City shall be registered and licensed with the Clerk prior to conducting business within the jurisdiction of the City.
2. Alarm installation licenses shall be issued annually on a calendar year basis. All applications for licenses shall be filed with the Clerk on forms provided for that purpose.
3. Alarm businesses shall not program alarm systems so that they are capable of sending one plus duress alarms. Alarm businesses may continue to report one plus duress alarms received from alarm systems programmed with one plus duress prior to the enactment of the ordinance codified in this chapter. However, when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modifications pursuant to this chapter, an alarm business must remove one plus duress alarm capability from such alarm systems.
4. Each alarm business will employ agents or employees that possess the needed skills and abilities to perform the duties required. These duties are to include the proper instruction to allow the alarm user to use the alarm system correctly, and obtain service for the alarm at any time.
5. After the completion of an alarm system installation an alarm business employee or agent shall review with the alarm user the false alarm prevention checklist or an equivalent approved by the alarm administrator and the customer false alarm prevention checklist. The alarm business shall ensure that the alarm technician and the alarm user sign both forms. Copies of the forms shall be sent to the alarm administrator within seven business days after reviewing.
6. Each alarm business will maintain a current list of at least two people that can be notified for the alarm user in the event of alarm activation except as noted in this chapter. Each alarm business will offer a training period in which they train the alarm user on proper use of the alarm system.
7. Alarm businesses must ensure that all alarm users of alarm systems equipped with a duress, holdup, or one plus duress alarm are given adequate training as to the proper use of the duress or holdup alarms.
8. Alarm businesses are prohibited from using an automatic telephone dialing device or digital alarm communicator to notify the communications center of an alarm. They are required to notify the communications center via telephone numbers specified by the alarm administrator. The alarm business will attempt to verify every alarm signal, except a holdup alarm activation or a duress alarm before requesting a police response to an alarm signal.
9. Each alarm business will provide the communications center with the following information when reporting an alarm:
A. A local call or toll-free call back number for the alarm monitoring company;
B. An operator name and/or number;
C. The alarm permit number, and type of alarm; and
D. Location of alarm (street address and alarm indication, e.g., front door).
10. Alarm businesses will provide the communications center with the following information when reporting an alarm cancellation:
A. Identification of the permit number for the alarm site;
B. Identification of the alarm site;
C. Identification of the alarm business;
D. Date and time that the alarm dispatch request was received;
E. Cause of alarm, if known; and
F. Why they are canceling.
11. If cancellation occurs prior to law enforcement arriving at the scene, this is not a false alarm for the purpose of fees, and no service fee will be issued.
12. After an alarm dispatch request, alarm businesses are required to promptly advise the law enforcement agency if the alarm user or contact person is on the way to the alarm site.
13. The alarm business must attempt to contact the alarm user or contact person within twenty-four hours via mail, fax, telephone, or other electronic means when an alarm dispatch request is made and the contact person or alarm user cannot be reached immediately.
14. Alarm businesses are prohibited from selling or otherwise transferring alarm user maintenance or monitoring contracts or agreements to another alarm business without first ensuring the purchasing and/or being aware that the alarm business has obtained the required permit and otherwise meets the requirements of this chapter.
15. The alarm business will set all available alarms with a device to automatically reset within a fifteen-minute time period.
16. Alarm businesses, which perform monitoring services, must maintain for a period of at least one year following the request for police dispatch to an alarm site, any records relating to the dispatch. Records must include the name, address and phone number of the alarm user, the alarm system zones or points activated, the time of request for police dispatch and evidence that an attempt to verify was made to the alarm site prior to the request for police dispatch. The alarm administrator may request copies of such records for individually named alarm users.
1. Tenants who install monitored alarm systems in an apartment complex single unit are considered an alarm user as defined in this chapter and all of the provisions in this chapter will apply to that individual.
2. Owners or property managers of apartment complexes, who provide an alarm system in individual units as an amenity, shall obtain an alarm permit from the alarm administrator. The property manager or owner is responsible for all fees, services, permit renewals, and false alarm dispatches for alarm systems in residential units.
3. Owners or property managers of apartment complexes shall be responsible for obtaining separate alarm permits for any alarm system operating in nonresidential areas of the complex (e.g., storage and equipment areas, pool, offices, and garages).
1. The alarm administrator will make a copy of the ordinance codified in this chapter and/or an ordinance summary sheet available to each alarm user when said user registers for a permit.
2. If the alarm administrator denies the issuance or renewal of a permit, or suspends or revokes a permit, a written notice of this action and a statement of the right to an appeal will be sent by certified mail to both the applicant or alarm user and the alarm business.
3. The communications center will properly record all alarm calls that come into the communications center and dispatch units to investigate the alarm call.
4. The communications center will have designated non-911 telephone lines available to the monitoring alarm businesses to receive calls or reports of alarm activation. Those lines will ring at the communications center and be monitored twenty-four hours a day.
5. The communications center will maintain a record of all alarm calls and the nature of the alarms including the number of false alarms, and accurate alarm dispositions.
6. The police unit will respond to the location of the alarm in a timely manner and investigate to determine if a crime has been committed, including robbery, burglary, attempted robbery or burglary, trespassing, etc. and properly note such findings on the alarm form.
7. If there are no signs that a crime has been committed the police unit will attempt to determine if the location of the alarm is secure and make the proper notification on the alarm form.
8. The police unit will make a determination on the scene of the alarm to determine if the alarm was a false alarm and properly note that on the alarm form and notify the communication center of the nature of the alarm when they leave the alarm site.
9. The police unit may or may not request that the alarm user respond to the scene of the alarm.
10. The police unit upon determining the alarm to be false will leave written notice at the alarm site that the Ankeny Police Department has responded to a false alarm dispatch. Copies of this notice will be placed in the case jacket and also given to the alarm administrator. The written notice shall include the following:
A. The date and time of law enforcement response to the false alarm;
B. The identification number of the responding law enforcement officer; and
C. A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting service fees.
11. After three such false alarms, the alarm administrator will have the responsibility to notify the alarm user by registered mail that there have been three false alarms at said user’s alarm site and in the event that another false alarm occurs after delivery of notification, administrative fees as prescribed in Section 135.10 will be imposed.
12. The Police Department shall provide two false alarm education programs per calendar year, as needed. Each program shall inform alarm system users about alarm systems, false alarms, causes and impacts of false alarms, and how to reduce and eliminate false alarms.
If the alarm administrator determines that there is reason to believe that an alarm system is not being utilized or maintained in a manner that ensures proper operation and suppresses false alarms, the alarm administrator may request a conference with the alarm user. The alarm business responsible for the repair of said alarm system may be required to attend to review the circumstances of each false alarm.
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