§ 102.01  DEFINITIONS.
   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALARM AGENT. Any person who is employed by an alarm company either directly or indirectly, whose duties include selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure, facility or grounds any alarm system.
   ALARM COMPANY. Any person or entity whether an individual, partnership, corporation, or other entity selling, leasing, maintaining, servicing, repairing, altering, replacing, removing, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, removed, or installed any alarm system on or in any building, structure or facility.
      (1)   An assembly of equipment and devices arranged to signal the presence of a hazard requiring attention and to which Police or Fire Department personnel are expected to respond.  ALARM SYSTEMS include those through which public safety personnel are notified directly of such signals through automatic recording devices or are notified indirectly by way of third persons who monitor the alarm systems and who report such signals to the Communications Department. ALARM SYSTEMS also include those designed to register a signal which is audible, visible or in other ways perceptible outside a protected building, structure or facility as to notify persons in the neighborhood beyond the zoning lot where the signal is located who in turn may notify the appropriate emergency provider of the signal. ALARM SYSTEMS do not include auxiliary devices installed by telephone companies to protect telephone equipment or systems which might be damaged or disrupted by the use of an ALARM SYSTEM. ALARM SYSTEMS shall include the terms “automatic” or “manual hold up alarm system,” “burglar alarm systems,” “security alarm systems,” and “automatic” or “manual fire alarm systems.”
      (2)   ALARM SYSTEM does not include audible alarms fixed to automobiles or other vehicles; or smoke detectors for dwellings which are not connected to a monitoring agency.
   ALARM USER. Any person, firm, partnership, association, corporation, company, or other entity or organization of any kind having ownership or control (as a tenant, owner or otherwise) of any dwelling or commercial building, structure, or facility where an alarm system is maintained or activated.
   AUDIBLE ALARM. A device designed for the detection of a condition that would result in a public safety response on the premises, which generates an audible sound on the premises when it is activated.
   COMMERCIAL BUILDING.  Any building or portion thereof which is not a one, two, three, or multi-family dwelling.
   DWELLING. A building or portion thereof used primarily as a place of abode for one or more human beings, but not including hotels, lodging or boarding houses or tourist homes.
   DWELLING - MULTI-FAMILY. A building or portion thereof used for occupancy by four or more families living independently of each other.
   DWELLING - ONE-FAMILY. A building used for occupancy by one family.
   DWELLING - THREE-FAMILY. A building used for occupancy by three families living independently of each other.
   DWELLING - TWO-FAMILY. A building used for occupancy by two families living independently of each other.
   DWELLING UNIT. A dwelling or a portion of dwelling or an apartment or hotel used by one family for cooking, living, and sleeping purposes.
      (1)   The following facilities or entities shall be exempted from the payment of penalties for false alarms as designated in this chapter:
         (a)   Long term care facility as defined in I.C. 12-7-2-125.5;
         (b)   Nursing facilities as defined in I.C. 12-7-2-133;
         (c)   Private psychiatric institutions as defined in I.C. 12-7-2-145 and I.C. 12-15-18-3;
         (d)   Psychiatric hospitals as defined in I.C. 12-7-2-151; and
         (e)   Facilities owned, leased, and/or under the control of the city, county, state and/or Parks and Recreation Department.
      (2)   Nothing in this exemption is intended nor should it be implied that any of the aforementioned entities are exempt from the registration and licensing requirement as subsequently prescribed herein.
   FALSE ALARM. The activation of an alarm system through mechanical failure, malfunction, improper installation, or as a result of the negligence, misuse or misconduct of an alarm user or alarm company of an alarm system or of the agents, employees or representatives of an alarm user or alarm company. This does not include alarms caused by severe weather, natural or manmade disaster, power or telephone service outages, authorized alarm testing, for which prior notification to the Communications Center has been made or malicious acts of person or persons not under the direct control of the owner, lessee, or his or her employees or agents.
   LOCAL ALARM SYSTEM. A signal system which when activated causes an audible and/or visible signaling device to be activated only in or on the premises in which the alarm system is installed, operated or maintained.
   MONITORED ALARM SYSTEM. An alarm system using a digital alarm communications system or supervised dedicated circuits transmit alarm, supervisory and trouble signals from one or more protected premises to a remote location at which appropriate action is taken.
(Ord. 2008-4, passed 4-22-2008; Am. Ord. 2008-30, passed 12-9-2008)