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137.01 ALARM SYSTEMS.
(a) Permit Required. No person shall install, operate or maintain an alarm system which automatically transmits a signal, message or warning to any City Police Department or Fire Department, or other alarm service except pursuant to and in conformance with a valid permit issued pursuant to this section.
(b) Application for Permit. Applications for permits to install, maintain or operate an alarm system which is intended to automatically transmit a signal, message or warning to any City Police Department or Fire Department or other alarm service shall be filed with the Chief of the concerned Department on forms supplied by the City, together with an application fee of fifteen dollars ($15.00). Such application shall set forth the name, address and telephone number of both the installer of the system and the person or business on whose premises the system shall be installed, as well as a description of the system and the location where it is proposed to be installed.
The Chief of the concerned Department shall approve such application if he finds that:
(1) The use of such alarm system to transmit a signal, message or warning to a designated City Police Department or Fire Department or other Alarm Service shall not interfere with the orderly conduct of City business.
(2) The installer maintains an adequate service organization to repair, maintain and otherwise service alarm systems sold or leased by him.
The Police Chief or Fire Chief may impose reasonable conditions on the exercise of such permit.
(Ord. 2001-266. Passed 9-24-01.)
(Ord. 2001-266. Passed 9-24-01.)
(c) Right of Inspection. The Chief of the concerned Department, either police or fire, shall have the right to inspect any alarm system on the premises where it is intended to function prior to issuance of any such permit for its operation and he may cause an inspection of such system to be made at any time after issuance of a permit to determine whether it is being used in conformity with the terms of the permit and the provisions of this section.
(d) Revocation. The Chief of the concerned department may revoke any permit issued pursuant to the provisions of this section, after giving written notice to the permit holder and an opportunity for the permit holder to be heard by the chief or a person designated by the chief, if he determines that the alarm system installed pursuant to such permit has been installed, maintained or operated in violation of the provisions of this section, or of any term or condition of such permit, or for failure to pay the annual service fee specified in subsection (f) hereof of the false alarm fee set forth in subsection (e) hereof.
(Ord. 1981-70. Passed 9-28-81.)
(e) False Alarms.
(1) As used in this section, "false alarm" means an emergency alarm activated by inadvertence, negligence or an unintentional act, including, but not limited to, malfunction of the alarm system, to which the Police Department and/or the Fire Department responds. This definition excludes false alarms caused by malfunctions of the indicator at the police or fire station; malfunction, testing or repairing of telephone equipment or lines; malfunction, testing or repairing of the normal power supply source for alarms; acts of God, such as earthquake, flood, windstorm, thunder or lightning; an attempted illegal entry, of which there is visible evidence; or the user acting under a sincere belief that a need exists to call the Police or the Fire Department. In such cases the false alarms shall be resolved by the Fire or Police Chief in favor of the alarm user. Multiple alarms received before the system can be deactivated within a reasonable period of time shall be considered a single alarm.
(2) Any permit holder from whose alarm system the Aurora Police and/or Fire Departments receive more than two false alarms during any calendar year may be required to pay the City fifty dollars ($50.00) for residential property and one hundred dollars ($100.00) for commercial/Industrial property, for each false alarm in excess of two to which the Aurora Police and/or the Aurora Fire Departments respond, at the discretion of the Fire Chief or the Police Chief.
(3) Any permit holder from whose alarm system the Aurora Police and/or Fire Departments receive more than four false alarms during any calendar year may be required to pay the City one hundred dollars ($100.00) for residential property and two hundred fifty dollars ($250.00) for commercial/Industrial property, for each false alarm in excess of four to which the Aurora Police and/or the Aurora Fire Departments respond, at the discretion of the Fire Chief or the Police Chief.
(Ord. 2014-105. Passed 9-8-14.)
(Ord. 2014-105. Passed 9-8-14.)
(f) Annual Permit. EDITOR’S NOTE: Former subsection (f) hereof was repealed by Ordinance 2014-105.)
(g) Notice Prior to Prosecution. No one shall be prosecuted for violation of this section until after they have been sent notice of their violation by U. S. Certified Mail, Return Receipt Requested. (Ord. 2001-266. Passed 9-24-01.)
(h) Equipment Standards; Maintenance; Instructions; Inspections; Revocation of Permits.
(1) All equipment used in installations for which a permit is required under this chapter shall meet the applicable standards of Underwriters' Laboratories, Inc., the National Fire Protection Association and/or another recognized industry standard. The applicant may be required to submit evidence of the reliability and suitability of the equipment to be installed before a permit is issued or thereafter.
(2) The sensory mechanism used in connection with such devices must be adjusted to suppress false indications of fire or intrusion so that the devices will not be actuated by impulses due to transient pressure change in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noise adjacent to the installation or other forces unrelated to genuine alarms.
(3) All components comprising such a device must be maintained by the owner, lessee and/or user in good repair to ensure reliability of operations.
(4) Each alarm equipment supplier that sells or leases an automatic protection device which is installed on any premises in the City shall furnish instructions for the operation and maintenance of such device to the purchaser or lessee.
(5) Each alarm equipment supplier shall also furnish the Chief of Police and/or the Fire Chief with a copy of the instructions as to the way the device operates. If the Chief of Police and/or the Fire Chief finds such instructions to be incomplete, unclear or otherwise inadequate, he or she may require the alarm equipment supplier to have the same revised to meet his or her approval and then to promptly have copies distributed to persons for whom installations of such devices are made.
(6) Each alarm equipment supplier who sells or leases an alarm system with an automatic dialer must provide through himself or herself, or through an independent contractor, for receiving calls for service, directly or through an agent, on a twenty-four hour basis, seven days a week, and shall respond to such calls within eight hours of the time they are received.
(7) At the time of installation, each alarm equipment supplier shall furnish to the person for whom an alarm system has been installed, written information as to how service can be obtained at anytime, including the telephone number to call for service. Such user shall be responsible for having the device repaired as quickly as possible after learning, either from his or her own sources or from notification by the City, that the device is not working properly.
(8) Any City official or employee may, at reasonable times and upon prior notice, where possible, enter upon any premises within the City to inspect the installation and operation of an automatic protection device or signaling device, the purpose of which device is to report an emergency to the police and/or fire station. Refusal to permit entrance shall be grounds for revocation of the permit. Such official or employee may apply to any court of competent jurisdiction for a warrant to enter under circumstances where the owner or person in charge refuses or neglects entrance, or is absent, to inspect the equipment. Where there is insufficient time to reasonably obtain a search warrant under urgent circumstances, the Safety forces may enter the property to abate a nuisance or conduct a required investigation.
(9) All equipment referred to in this chapter shall be maintained in good operating condition. Any City official or employee may require that repairs be made whenever the official or employee has determined that such are necessary to ensure proper operation.
(10) For a violation of any of the provisions of this chapter, for an incomplete or untruthful application, for failure to properly maintain an installation or for four or more false alarms in any twelve-month period, the Safety Director may serve written notice upon a permit holder, at the permittee's application address, of intent to revoke his or her permit. Such notice shall be given not less than seven days prior to revocation. Such notice shall state the right of the permit holder to appeal to the Safety Director in writing within seven days of the order. lf an appeal is filed, the Safety Director shall hold a hearing on the issues, allowing any interested party to be present, represented by an attorney and permitted to bring witnesses and to examine and cross-examine any witness who appears at the hearing. The Safety Director shall render a decision on the basis of the facts presented. The decision shall be final. If no appeal is filed, the permit shall be canceled. Upon cancellation, the Chief of Police and for the Fire Chief shall take whatever steps are necessary to disconnect the alarm. Any service of notice shall be complete by leaving it at the place where the equipment is located, or with a person living or working at such place or by delivery to the address of the permit holder listed on the permit or any application.
(i) Security Surveillance Signs.
(1) One security surveillance sign is permitted per parcel, which sign shall be not greater than one square foot in area and installed either in a window or outside the principal building. An outside sign shall not exceed three feet in height above the ground and shall be located within six feet of the front of the building. The Building Inspector may vary the location of an outside sign where unusual landscaping features would prevent visibility, but such sign shall not be forward of the landscaping.
(2) All outside security surveillance signs shall be pre-approved by the Architectural Board of Review regarding shape, color, design, material and lettering to conform to architectural standards of the City.
(j) Nonliability of City. The issuance, nonissuance or cancellation of any permit under this chapter and any other act or omission of the City and/or its agents and employees shall not constitute acceptance by the City of any liability whatsoever to maintain any equipment, to answer alarms or to do anything else in connection therewith. No person shall have an expectancy or reliance upon this service of the City and the City's liability in contract, tort or otherwise shall not exceed a return of the permit fee.
(k) Penalty. Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 1990-92. Passed 8-27-90.)
(Ord. 1990-92. Passed 8-27-90.)