Sections:
8.24.010 Purpose and intent.
8.24.020 Applicability.
8.24.030 Definitions.
8.24.040 Alarm business duties.
8.24.050 Alarm user duties.
8.24.060 Proprietor alarm user’s responsibilities.
8.24.070 Duties of the monitoring agency.
8.24.080 Alarm user permit required.
8.24.090 Prohibition against automatic dialing devices.
8.24.100 Removal of non-compliant equipment.
8.24.110 Violations.
8.24.120 Right to privacy.
8.24.130 Liability of city limited.
8.24.140 Governmental immunity.
8.24.150 Penalties.
8.24.160 Fees payable.
8.24.170 Appeal procedures.
8.24.180 Enforcement.
A. This chapter is intended to encourage improvement in the reliability of alarm systems, devices and services, and to insure that law enforcement will not be unduly diverted from responding to actual criminal activity as a result of responding to false alarms.
B. This chapter governs burglary, panic, robbery and holdup alarms, both audible and inaudible, intended to summon law enforcement response, and requires alarm permit registration, provides for a fee schedule to be adopted, provides for penalties for violations, establishes a system of administration and sets conditions for revocation of permits, and if necessary, suspension of law enforcement response.
(Ord. 1397.08.19 § 2 (part), 2008)
This chapter addresses those persons who purchase, lease or rent, and those persons who own or conduct the business of selling, leasing, renting, maintaining or monitoring, alarm systems, devices or services within the City. The provisions of this chapter shall not apply to alarm systems owned by city, county, state or federal governments or agencies, when such systems are utilized on premises owned, operated and installed by the respective city, county, state or federal government or agency. This chapter shall apply to schools and other public and quasi-public uses. The provisions of this chapter shall not apply to audible fire alarms or audible alarms affixed to automobiles.
(Ord. 1397.08.19 § 2 (part), 2008)
Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this chapter:
“Act of nature” means an unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, the effects of which cannot be prevented by reasonable human care, skill or foresight.
“Alarm or alarm system” means any mechanical or electrical device used for alerting others of unauthorized entry, an emergency, or the commission of an unlawful act within buildings or on premises.
“Alarm agent” means any person employed by an alarm business, either directly or indirectly, whose duties include any of the following: installing, maintaining, servicing or repairing an alarm or alarm system in or on any building, place or premises. Any person whose duties consist solely of resetting an alarm following activation is not an alarm agent.
“Alarm business” means any person, firm or corporation that is in the business of selling, leasing, maintaining, servicing or repairing any alarm or alarm system in or on any building, structure or facility.
“Alarm coordinator” means the police chief, or an individual designated by the police chief to enforce the provisions of this chapter.
“Alarm permit” means written authorization granted by the alarm coordinator to an alarm user to operate an alarm system.
“Alarm site” means any single location served by an alarm system or alarm systems. Each unit, if served by separate alarm systems in a multi-unit building/complex, shall be considered a separate alarm site.
“Alarm user” means any person or business that leases, rents, purchases or uses a monitored or proprietor alarm, alarm system, device or service.
“Audible alarm” means a device designed for the detection of unauthorized entry of premises and which, when activated, generates an audible sound on the premises.
“Automatic dialing device” means a device that is interconnected to a telephone line, and is programmed to select a predetermined telephone number and transmit an emergency message indicating a need for emergency response, either by voice or code signal or by maintaining an open line with emergency services.
“Cost recovery” means an assessment for the recovery of costs incurred by the police department in responding to false alarm activations.
“False alarm” means an alarm signal or message indicating an emergency, causing the police department to respond and which, upon investigation, results in a police officer finding no evidence of a criminal offense or an emergency situation. Excluded from the definition of “false alarm” are:
1. Alarms occurring as a result of an acts of nature;
2. Any disruption of the telephone circuit beyond the control of the alarm company and/or user;
3. Electrical power disruptions or failure; and
4. Alarms caused by failure of the equipment at the monitoring station.
“Holdup/robbery alarm” means any signal manually activated to indicate a robbery or holdup in progress, but is not the result of a robbery, holdup, or any exclusion from the “false alarm” definition listed above.
“Monitoring station” means any person in the business of providing monitoring services that will notify the police department of an emergency.
“Panic alarm” means an alarm system signal generated by the manual activation of a device intended to signal a life-threatening or emergency situation, requesting law enforcement response.
“Person” means an individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other group or combination acting as a unit, and the plural as well as the singular number.
“Proprietor alarm” means any alarm or alarm system that is not leased or rented from, or owned or maintained under contract by an alarm business.
(Ord. 1397.08.19 § 2 (part), 2008)
In addition to other duties that may be set forth in this chapter, the duties of an alarm business shall be as follows:
A. To install an alarm system compatible with the environment, to take reasonable measures to prevent the occurrence of false alarms, and, if it has agreed to provide maintenance or repair service to the system, to service the system within seventy-two hours of a request for service. The alarm business shall not install a single-action, non-recessed button as a device to activate a holdup or panic alarm.
B. To provide written and oral instructions to each of its alarm subscribers, and the principal occupants of the buildings or premises protected by an alarm system, in the proper use and operation of the system. Such instruction will specifically include all instructions to turn the alarm system on and off, and to avoid false alarms.
C. To provide each purchaser and subscriber with a copy of this chapter, an alarm subscriber/proprietor permit application, and false alarm prevention material. The alarm business shall complete and sign the alarm subscriber/alarm company information form with the alarm subscriber/user, and submit the form as required in Subsection G. of this section.
D. Upon leasing or renting an alarm system:
1. To conspicuously place on the premise a tag identifying the alarm business, including a telephone number to call when the alarm has been activated.
2. To maintain current records of the locations of alarm system, devices or services, and the names and telephone numbers of the persons and alternates to be notified whenever the alarm is activated.
3. To inactivate or cause to be inactivated the audible alarm within thirty minutes of the notification of its activation, in the event the primary and alternate cannot be contacted or do not respond.
E. Upon leasing, renting, selling or monitoring an alarm system:
1. To establish a central receiving station that will monitor these alarm systems. The central receiving station shall attempt to contact the alarmed location by telephonic or other electronic means on every alarm signal, except a holdup, robbery, panic or similar duress alarm activation, whether or not actual contact with a person is made, before requesting a police response to an alarm system signal.
2. To organize its central receiving station in order to be able to readily and positively identify the type of alarm, including but not limited to, burglary, holdup or panic alarm, and the location of the alarm, if there is more than one system, whether the alarm is audible or silent, the alarm subscriber permit number, the description of the zone or sensor activated, and the name and response time of a responsible party.
3. To maintain records as to each of these alarm systems, devices or services, which shall include the name of the owner or occupant of the premises, the name and the telephone number of the subscriber, a primary person and at least one alternate responsible for responding to the premises when the alarm is activated, information concerning whether the alarm system includes an audible alarm, and records of any alarm activation for a period of one year from the date of the activation. The records required by this paragraph shall be made available for inspection to any state law enforcement officer or city regulatory licensing inspections official, upon twenty days' prior written demand. The business may require the law enforcement officer or inspector to complete an inspection log with name, serial or badge number, time, date, and purpose of the inspection.
4. To notify the police department of activated alarm systems in the manner prescribed by the police chief, including such reasonable information concerning the alarm system as the police department may request. Reasonable information shall include copies of central station alarm activity reports, the names of persons from the activated alarm location who have contracted with the alarm business, and any mailing or telephonic information for the activated alarm location. The information shall be made available at any reasonable time upon request for inspection by police department representatives.
5. To arrange for either the alarm subscriber, alarm agent or other responsible representative to go to the premises of an activated alarm system within thirty minutes of the activation of the alarm, in order to be available to assist the police in determining the reason for activation, and in securing the premises. In no event shall there be an unreasonable delay in arriving at the location of the alarm.
6. To notify the alarm subscriber or other responsible person, in the case of a monitored alarm system, of all alarm activations at the alarm subscriber's premises within twenty-four hours of activation, not including weekends and holidays, by telephone, facsimile transmission, or written notice deposited in the United States mail.
F. To cease responsibility for an alarm system pursuant to the chapter, the alarm business shall send written notice to the police department in the event the alarm business ceases to lease, rent, maintain service, or monitor any alarm system. The notice shall be sent within ten days after the date service or responsibility is discontinued.
G. To submit, on a form and in the manner prescribed by the police chief, such information concerning compliance of the alarm business with its duties under this section as the police chief may request. An alarm business representative and the subscriber shall complete and sign the alarm subscriber/alarm company information form, and the alarm business shall submit the form to the police department within ten days of commencement of service for the alarm system.
H. Alarm businesses that do not monitor, maintain, service or install alarms or alarm systems, except as set forth in this Subsection H., shall not be subject to Subsections A. through F. of this section, but shall be responsible for instructing each person who purchases an alarm or alarm system in the proper use and operation of the alarm, informing each alarm subscriber or alarm purchaser to contact the police department for information regarding this chapter, advising each alarm subscriber or alarm purchaser of the requirement of an alarm subscriber permit, and providing a copy of this chapter to each alarm subscriber or alarm purchaser. Such instruction will specifically include all instructions necessary to turn off the alarm and to avoid false alarms. Any alarm business that sells an alarm or an alarm system with monitoring services, or leases, rents, installs, maintains or services an alarm or alarm system with monitoring services, shall be subject to Subsections A. through G. of this section.
I. Any alarm business that monitors, but does not sell, lease, rent, install, service or maintain alarms or alarm systems shall be subject to Subsections E., F. and G. of this section.
J. Any alarm business that sells or installs alarms or alarm systems without monitoring services, and does not lease, rent, install, maintain or service alarms or alarm systems, shall be subject to Subsections C., D. and G. of this section.
(Ord. 1397.08.19 § 2 (part), 2008)
In addition to other duties that may be set forth in this chapter, the duties of an alarm user shall be:
A. To obtain an alarm permit within ten days of installation of an alarm system.
B. To inform persons authorized to place the alarm system into operation of the provisions of this chapter, emphasizing the importance of avoiding false alarms. A current copy of the provisions of this chapter shall be maintained on the premises, and shall be made available to persons authorized to install an alarm system into operation.
C. To obtain a new permit within ten days if the alarm user moves to another location. Any other change in the alarm user's service shall be sent to the alarm coordinator within ten days of the change.
D. To respond in person or via designated responsible party to the alarm system's location within thirty minutes of alarm activation, or when requested by law enforcement, in order to:
1. Deactivate an alarm system; and/or
2. Provide access to the alarm site.
E. To renew the permit annually, as long as the alarm system is in operation.
F. To maintain the alarm or alarm system in good working order, and take reasonable measures to prevent the occurrence of false alarms.
G. To disconnect any alarm system upon notice of revocation.
H. To ensure that the alarm system is not subject to false alarms.
(Ord. 1397.08.19 § 2 (part), 2008)
In addition to other duties that may be set forth in this chapter, the duties of a proprietor alarm user shall be:
A. To be familiar with the provisions of this chapter, and to obtain an alarm permit from the alarm coordinator within ten days of installation of any alarm system.
B. To maintain the alarm system in good working order, and to take reasonable measures to prevent the occurrence of false alarms.
C. To notify the alarm coordinator of the names, addresses, and telephone numbers of the primary person and at least two alternates to be notified, in case the alarm is activated and law enforcement is called to respond.
D. To deactivate the alarm system within thirty minutes of notification of its activation.
E. To ensure that the alarm system is not subject to false alarms.
(Ord. 1397.08.19 § 2 (part), 2008)
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