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(a) Any alarm system business which installs an alarm system within the City shall provide the Police Division and/or the Fire Division with the following information:
(1) The address where such system is installed;
(2) The name, address and telephone number of the person having control over the property; and
(3) The type of alarm system installed.
(b) Such information shall be submitted to the Police Division and/or the Fire Division not earlier than twenty days prior to the installation of such system and not later than forty-eight hours after such system is installed.
(Ord. 124-96. Passed 11-11-96.)
Any alarm system business which operates a central station and any telephone answering service which relays alarm system activation messages to the Police Division and/or the Fire Division shall:
(a) Have sufficient personnel trained in the procedures to be followed in receiving and relaying notice of the activation of any alarm system on duty at all times to ensure that emergency messages or alarm signals received by such business can be relayed immediately to the Police Division and/or the Fire Division;
(b) Notify the person in control of the property of the activation of the alarm system within twenty-four hours of the time the alarm was activated, by telephone or by placing such notice in the mail, addressed to the person in control of the property;
(c) Keep a written record of the date and time each notification of the activation of an alarm system is received, and the date, time and method by which the person in control of the property was notified. Such records shall be retained for one year and shall be made available for inspection by any member of the Police Division and/or the Fire Division during regular business hours;
(d) Upon notification of the person in control of the property of an alarm system activation, immediately telephone the Police Division and/or the Fire Division and inform them as to:
(1) Who is responding to assist the Police Division and/or the Fire Division with the alarm; and
(2) Where said person is responding from, along with his or her estimated time of arrival;
(e) Test or cause to be tested all equipment used by the Police Division and/or the Fire Division, a central station and/or a telephone answering service, relating to the receipt of notification of the activation of an alarm system and the equipment used in relaying such notification to the Police Division and/or the Fire Division, at least once in every calendar year and, where a test result is unsatisfactory, correct or cause to be corrected, within a reasonable period of time not to exceed seven days, the cause of the unsatisfactory test result. Evidence of such testing shall be made available to the Chief of Police or the Fire Chief upon request during regular business hours.
(Ord. 124-96. Passed 11-11-96.)
No person shall intentionally activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice. This section shall not apply to testing or repair of such system when prior notice of such testing or repair is given to the Police Division and/or the Fire Division.
(Ord. 124-96. Passed 11-11-96.)
The Police Division shall respond to proper notification of the activation of an alarm system without charge, except that:
(a) The person in control of the property on which an alarm system is installed shall be charged one hundred dollars ($100.00) when he or she or his or her agent or employee intentionally or knowingly activates the alarm system for any reason other than an emergency or threat of an emergency.
(b) The person in control of the property on which an alarm system is installed shall be charged in accordance with the following schedule for responses to false alarms within any twelve-month period:
(1) For the first two false alarms: No charge
(2) For the third through the tenth false alarms: $50.00 each
(3) For false alarms in excess of ten: $100.00 each
(c) Responses to false alarms during the first thirty days after passage of this chapter (Ordinance 124-96, passed November 11, 1996) shall not be included in the charges set forth in this section.
(d) The Chief of Police shall have the discretion to waive charges mandated by this section.
(Ord. 124-96. Passed 11-11-96; Ord. 13-10. Passed 2-22-10.)
The Fire Division will respond to proper notification of the activation of an alarm system without charge, except that:
(a) The person in control of the property on which an alarm system is installed shall be charged one hundred dollars ($100.00) when he or she or his or her agent or employee intentionally or knowingly activates the alarm system for any reason other than an emergency or threat of an emergency.
(b) The person in control of the property on which an alarm system is located shall be charged in accordance with the following schedule for responses to false alarms within any twelve-month period:
(1) For the first two false alarms: No charge
(2) For the third through fifth false alarms: $100.00 each
(3) For the sixth through tenth false alarms: 200.00 each
(4) For false alarms in excess of ten: 250.00 each
(c) Responses to false alarms during the first thirty days after passage of this chapter (Ordinance 124-96, passed November 11, 1996) shall not be included in the charges set forth in this section.
(d) The Fire Chief shall have the discretion to waive charges mandated by this section.
(Ord. 124-96. Passed 11-11-96.)
(a) A permit for an alarm system may be revoked if mechanical malfunction or faulty equipment has caused five or more false alarms by such alarm system in the calendar year immediately preceding the date of notice of a hearing. A permit for an alarm system shall be revoked without a hearing if the permit holder fails to pay the service charge within thirty days of receipt of notice to pay for a false alarm. A protest may be filed, and if, at a subsequent hearing as provided in Section 1074.22, the Safety Director determines that no service charge is due, the City shall refund the same. "Mechanical malfunction" and "faulty equipment" shall not relate, for purposes of this section, to false alarms caused by human error or an act of God. A permit shall not be revoked if the permit holder shows that, since the most recent false alarm from such alarm system, the system has been repaired, and that the Police Division and/or the Fire Division has inspected such alarm system and found it to have been properly repaired. The costs of any such inspection shall be borne by the permit holder.
(b) The disconnection provisions of this section shall not apply to alarm systems required to remain in continuous operation by any statute or ordinance or by the Building and Housing Code or the Fire Prevention Code.
(Ord. 124-96. Passed 11-11-96.)
(a) Prior to the revocation of a permit for an alarm system, written notice shall be given to the permit holder. Such notice shall set forth:
(1) The specific dates on which there have been false alarms from such alarm system which were caused by mechanical malfunction or faulty equipment;
(2) That a hearing will be held before the Safety Director to determine whether the permit for such alarm system should be revoked;
(3) The date, time and place of such hearing; and
(4) That the permit holder may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses.
(b) All hearings shall be held by the Safety Director, who shall be referred to as the Hearing Officer. A representative of the Director of Law shall be present at such hearing to advise the Hearing Officer as to procedural matters. However, such representative shall not partake in any determination of the facts.
(c) All hearings shall be conducted under rules consistent with the nature of the proceedings, provided, however, that the following rules shall apply to such hearings:
(1) All parties shall have the right to representation by a licensed attorney, though an attorney is not required;
(2) Each party may present witnesses in his or her own behalf;
(3) Each party has the right to cross-examine all witnesses; and
(4) Only evidence presented before the Hearing Officer at such hearing may be considered in rendering the order.
(d) If the permit holder fails to appear at the hearing at the time, place and date specified, the City shall present sufficient evidence to establish a prima-facie case showing that mechanical malfunction or faulty equipment has caused five or more false alarms in the calendar year immediately preceding the date of the notice of hearing.
(e) If the Hearing Officer finds that grounds exist for revocation of the permit for the alarm system, he or she shall revoke such permit and shall give written notice to the permit holder of such revocation. Upon receipt of such notice, the permit holder shall disconnect such alarm system immediately and shall surrender his or her permit to the Safety Director.
(f) The disconnection provisions of this section shall not apply to alarm systems required to remain in continuous operation by any statute or ordinance or by the Building and Housing code or the Fire Prevention code.
(g) If the Hearing Officer does not find that grounds exist for revocation of the permit for the alarm system, he or she shall give written notice of such finding to the permit holder.
(Ord. 124-96. Passed 11-11-96.)
After a permit for an alarm system has been revoked, the person in control of the property on which the alarm system is located may request that an inspection be made after the alarm system has been repaired. Such inspection shall be made by the Police Division and/or the Fire Division as soon as possible after receiving the request, but, in any event, not later than ten regular working days after the person files his or her request. If, upon inspection, it is found that the alarm system has been properly repaired, the person in control of the property may apply for a new permit for such alarm system. The cost of any such inspection shall be borne by the person in control of the property on which the alarm system is located.
(Ord. 124-96. Passed 11-11-96.)
(a) Whoever violates any of the provisions of Section 1074.18 is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense.
(b) Whoever violates or fails to comply with any other provision of this chapter is guilty of a minor misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense.
(c) Each permit holder and each person having control over property on which an alarm system is installed has an affirmative duty to comply with all provisions of this chapter and it shall not be a defense to prosecution of such person that he or she was acting without a culpable mental state.
(Ord. 124-96. Passed 11-11-96.)