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The City assumes no responsibility or liability whatsoever for alarm systems installed or maintained by private individuals or privately operated alarm businesses, or for the quality of installation, maintenance, monitoring, type of equipment used or for the interruption of services being provided by said alarm businesses to the alarm users.
1. The number of false alarms allowed at an alarm site is enforced by the Ankeny Police Department.
2. The alarm administrator will issue annual alarm permits for a service fee.
3. An additional fee shall be assessed for an alarm system programmed with a duress, one-plus duress, or holdup alarm.
4. Alarm users who fail to register within thirty days of an alarm installation will be charged a late registration penalty.
5. Alarm permits must be renewed in the month of expiration and will require a renewal fee.
6. Renewals made more than thirty days after alarm permit expiration will be considered a violation of this chapter and an alarm user will be subject to a late penalty.
7. The alarm user shall be subject to service fees, warnings, and suspension or revocation of registration depending on the number of false alarms emitted from an alarm system within a twelve-month period from the permit date or its renewal based upon the following:
A. Any alarm user who receives one to three false alarms on a single alarm permit will receive a written notice from the alarm administrator.
B. Any alarm user who receives in excess of three false alarms on a single alarm permit will receive a written notice and an administrative service fee as prescribed below.
C. There will be a service fee for the fourth false alarm within a consecutive 365-day period. The alarm administrator shall waive the fee upon successful completion of a false alarm education program sanctioned by the Police Department.
D. There will be a service fee and suspension of the alarm permit for the fifth false alarm within a consecutive 365-day period.
E. There will be a service fee for the sixth and subsequent false alarms that occur within a consecutive 365-day period.
The alarm user will receive a written warning from the alarm administrator for each infraction listed above.
8. Alarm businesses shall be assessed a fee if the officer responding to the false alarm determines that an on-site employee of the alarm business directly caused the false alarm. In this situation, the false alarm will not be counted against the alarm user.
9. The alarm business shall be charged a fee if the alarm administrator determines that an alarm business employee knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm system.
10. The alarm business which monitors the alarm system shall be charged a fee for each failure to verify alarm system signals before contacting the law enforcement agency as specified in this chapter.
11. The alarm permit will be revoked if there has been a previous suspension and two additional false alarm responses within the same permit year.
12. An alarm permit that is revoked by the alarm administrator shall not be renewed or reinstated unless the alarm administrator is satisfied and has receipt of acceptable evidence that the cause has been addressed and appropriate corrective action has been taken as outlined in this chapter.
13. While the permit is revoked, the police shall only provide secondary response to that alarm site.
14. Anyone operating a non-permitted alarm system (i.e., revoked, suspended or never acquired) will be subject to a police citation and assessment for each false alarm dispatch; in addition, the user must apply for a permit within ten days. The alarm administrator may waive this additional assessment for a non-permitted system if the alarm user, after such violation, applies for a permit and registers to participate in a false alarm education program.
15. Each alarm user and/or alarm owner shall pay a fee to attend the false alarm education program.
16. An alarm user who operates an alarm system during the period in which said user’s alarm permit is suspended or revoked can be given a police citation for the offense.
17. If the alarm administrator assesses a fee or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send written notice of the action and a statement of the right to an appeal to either the affected applicant, or alarm user, and alarm business and/or alarm monitoring business.
18. The alarm user may request to appeal any false alarm and service fee by sending a written explanation for the appeal and an appeal fee.
19. A person commits an offense if said person violates by commission or omission any provision of this chapter that imposes upon such person a duty or responsibility and is subject to a fine.
20. The amount of all fees, assessments, penalties, and fines established by this chapter shall be set by resolution of the Council, after recommendation by the alarm administrator.
1. The alarm administrator may suspend alarm response if it is determined that:
A. The alarm user has five or more false alarms within a consecutive 365-day period; or
B. There is a false statement of a material fact in the application for a permit; or
C. The alarm user has failed to make a timely payment of a service fee or registration fee.
D. The alarm user has failed to submit a certification from an alarm business that complies with the requirements of this chapter stating that the alarm system has been inspected and repaired (if necessary) by the alarm business.
2. An alarm user commits an offense if he or she operates an alarm system during the period in which the alarm permit is revoked and is subject to enforcement and penalties.
3. An alarm business that monitors the alarm system commits an offense if it continues alarm dispatch requests to an alarm site after notification by the alarm administrator that the registration has been revoked and is subject to enforcement penalties.
4. The Police Department will provide secondary response to an alarm dispatch request at an alarm site for which the alarm permit has been revoked 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.
1. An appeal process is available to every alarm user who believes that a false alarm has been misclassified. The alarm user must file a request for the same with the alarm administrator within twenty days of receipt of the written notice and invoice. An alarm business may submit the request for review on behalf of an alarm user. The request to appeal any false alarm fees must be accompanied by a written explanation for the appeal and an appeal fee.
2. The filing of the appeal request stays the assessment of the false alarm service fee until the alarm administrator and Police Chief make a final decision.
3. The alarm administrator may adjust the count of false alarms based on:
A. Evidence that the false alarm was caused by an act of God (violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user);
B. Evidence that a false alarm was caused by action of the telephone company, 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;
C. Evidence that a power outage lasting longer than four hours caused a false alarm; or
D. Evidence that the alarm dispatch request was not a false alarm.
4. The alarm administrator shall schedule the matter for review with the Police Chief and if it is determined that the alarm was erroneously deemed a “false alarm” or was activated because of an emergency or by circumstances in which the false alarm was not avoidable by the use of due care, the alarm administrator may waive the false alarm fee. If this decision is reached, the alarm administrator shall refund the appeal fee to the alarm user.
5. In determining the number of false alarms, multiple alarms occurring in any 24-hour period shall be counted as one false alarm to allow the alarm user time to take corrective action unless the alarm user directly causes the false alarms.
6. If the alarm administrator and the Police Chief determine that the alarm was improperly installed or maintained, the alarm was user error, or that the alarm equipment is defective, the false alarm fee shall not be waived.
7. The findings and decisions of the alarm administrative staff are final and shall be in writing and filed with the office of the Police Chief. No more than two false alarm fees per calendar year at the same alarm site shall be waived.
8. With respect to fines of an alarm business and/or monitoring company the alarm administrator may take into consideration whether the alarm business had engaged in a consistent pattern of violations.
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