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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM BUSINESS. The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.
ALARM SYSTEM. Any assembly of equipment, mechanical, electrical, electronic audio or visual that can arrange to signal the occurrence of any activity requiring urgent attention and to which the Police or Fire Department would be expected to respond.
ALARM USER. The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility who purchases, leases, contracts for or otherwise obtains an alarm system or for the servicing or maintenance of an alarm system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.
ANSWERING SERVICE. A telephone answering business providing among its services the service of receiving on a continuous basis, through trained employees, emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the communication center of the city’s Police Department.
AUTOMATIC DIAL PROTECTION DEVICE. An electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion or an emergency message indicating a need for emergency response by the Police or Fire Departments.
BURGLARY ALARM SYSTEM. An alarm system signaling an entry or attempted entry into an area protected by the system.
CENTRAL STATION PROTECTIVE SYSTEM. A system or group of systems operated by a person, firm or corporation which the operations of electrical protection circuits and devices are transmitted to, recorded in and maintained and supervised from a central station having operators in attendance at all times.
COORDINATOR. The Chief of Police or the individual(s) designated by the Chief of Police to enforce the provisions of this chapter.
FALSE ALARM. An alarm signal eliciting an urgent response by the Police or Fire Department when a situation requiring an urgent response does not, in fact, exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user. The burden of proving that the alarm was not a FALSE ALARM shall be on the alarm business or alarm user.
LOCAL ALARM SYSTEM. An alarm system which when activated causes an audible and/or visual signaling device to be activated and is intended to be seen and/or heard by others outside of the protected premises.
NOTICE. Written notice given by personal service upon the addressee or given by U.S. mail, postage prepaid, addressed to the person to be notified at the person’s last known address. Service of the notice shall be effective upon completion of personal service or upon placing of the same in the custody of the United States Postal Service.
PERMIT YEAR. A 12-month period from October 1 through September 30.
POLICE CHIEF. The Chief of Police of the city or the Chief’s designee.
PRIMARY TRUNK LINE. The “911” telephone line leading into the communications center of the city Police Department, used for the purpose of handling emergency calls on a person-to-person basis and which line is identified as the emergency number listed in the telephone directory issued by the telephone company serving the city.
PROPRIETARY SYSTEM. An alarm system sounding and/or recording alarm and supervisory signals to a control center located within the protected premises, the control center being under the supervision of the proprietor of the premises. If a PROPRIETARY SYSTEM includes a signal line connected directly or by means of an automatic dialing device to the police communications system, a central station protective system or answering service, it thereby becomes an alarm system, as defined in this section.
RESIDENTIAL EMERGENCY ALARM or PANIC ALARMS. An alarm system installed or maintained in a residence for the purpose of summoning police assistance to an actual or attempted burglary, robbery or medical emergency requiring an urgent or emergency response by fire, medical or police personnel and equipment.
ROBBERY ALARM SYSTEM SECONDARY. An alarm system signaling a robbery or attempted robbery.
SECONDARY TRUNK LINE. The (402) 564-3201 and (402) 564-3202 rotary telephone line leading into the city’s Police Department that is identified by a specific listing in the telephone directory for the handling of administrative and other calls on a person-to-person basis.
(Prior Code, § 93.01) (Ord. 98-07, passed 3-16-1998; Ord. 10-40, passed 1-4-2011)
No person, either as principal, officer, agent, servant or employee shall possess or operate an alarm system designed with the intent of soliciting a police or fire response when the designed system is intended to terminate with the city’s Police Department Center without first obtaining a permit for the alarm system from the city. However, the provisions of this section are not applicable to local alarm systems affixed to motor vehicles. Alarm users whose alarm systems use an outside vendor to monitor and respond to their alarm(s) do not have to seek or obtain the aforementioned permit.
(Prior Code, § 93.02) (Ord. 98-07, passed 3-16-1998; Ord. 10-40, passed 1-3-2011; Ord. 18-44, passed 9-4-2018) Penalty, see § 93.99
(A) (1) Every alarm user, whose alarm system is designed and intended to terminate with the city’s Police Department Center, shall obtain an alarm user’s permit. Alarm permits are nontransferable. Each building, structure or facility maintaining one or more alarm systems must obtain an alarm user’s permit for each alarm.
(2) Each permit shall bear the signature of the Chief of Police or designee and shall be physically on the premises using the alarm system. An annual registration fee for alarm systems shall be paid, commencing October 1 of each year. The fee shall be as set by resolution.
(B) The issuance date of alarm permits shall be the actual date of issuance of the permit unless the alarm system has recorded a false alarm prior to obtaining a permit, then the date of issuance shall be the date of the first alarm received. However, all permits shall expire on September 30 of each year and shall be subject to renewal at the City Clerk’s office.
(C) If the city is an alarm user, it shall not be subject to the provisions of this chapter providing for the payment of any fees or imposition of any penalties as provided herein. However, the city shall be subject to the provisions regarding applications and all other terms and conditions relating hereto. All nonprofit schools as designated by the City Administrator or Chief of Police are also exempt from the alarm user’s fee.
(Prior Code, § 93.03) (Ord. 98-07, passed 3-16-1998; Ord. 18-44, passed 9-4-2018) Penalty, see § 93.99
(A) The Chief of Police, Fire Chief or their designee may require the inspection of any or all alarm systems installed within the city.
(B) Local alarm systems installed after April 16, 1998 shall not emit a sound similar to that of an emergency vehicle siren or a civil defense warning siren.
(C) Local alarm systems shall be equipped to automatically discontinue emitting an audible sound within 15 minutes of activation.
(D) Alarm users shall notify the Police Communications Center prior to any service, test, repair, maintenance, adjustment, alteration or installation, and the alarm user shall notify the Police Communications Center of the completion. The Police Dispatcher shall forward this information to the Alarm Coordinator, as requested.
(E) Alarm users shall submit with their permit application to the City Clerk, a release of liability releasing the city, any police officer or firefighter and any other city employee from damages caused either personally or to any property when in response to the activation of the alarm system.
(F) (1) An alarm business, alarm user, employee of a central station protective system or employee of an answering service charged with the responsibility of relaying a live voice request for police response, upon the activation of an alarm system, shall give the following information to the Police Communications Center at the time of the request: Address of alarmed location; type of alarm system that has been activated; name of commercial business or resident; specific location of the building; structure or facility protected by the activated alarm; name of the alarm business making request if applicable; name of person making the request; and a phone number where the requesting party can be contacted.
(2) Unless specifically requested, it is the sole responsibility of the person making the request to notify authorized persons in control of the alarmed building, structure or facility that the alarm has been activated.
(G) The Alarm Coordinator shall be responsible for determining which alarms constitute false alarms, as defined by § 93.01 of this code. A record of all false alarms shall be maintained by the Alarm Coordinator.
(H) At the time of the second false alarm for any permit, except fire, within any permit year, the Alarm Coordinator should notify the alarm user and alarm business providing service or inspection to the user by first class mail of the occurrence. At the time of the fourth false alarm for any permit, except fire, within any permit year, the Alarm Coordinator shall notify the alarm user and alarm business providing service or inspection to the user, by service from the city’s Police Department upon the holder of the application, of the occurrence and that additional false alarms during the permit year will require the payment of fees as per § 93.05 of this code. Failure to receive either of these notices shall not be deemed to extend the term or conditions of the permit.
(I) It is unlawful for any person to activate any burglary, robbery, fire or residential emergency alarm for the purpose of summoning police or fire, except in the event of any actual or attempted burglary, robbery, fire or medical emergency, or for the person notifying the police of an activated alarm and having knowledge that the activation was apparently caused by an electrical or other malfunction of the alarm system to fail to notify the Police Communications Center of the malfunction.
(J) It shall be unlawful to have or maintain an alarm system on any premises without providing address numbers which are clearly visible from a distance of 100 feet or more. The address numbers shall be posted to the left, right or overhead to the main entrance of the building, structure or facility, and if the building, structure or facility is on a corner lot, the address number shall face the street named in the official address, as designated by the United States Postal Service.
(K) The Chief of Police or Fire Chief shall establish, distribute and cause the enforcement of rules and regulations, subject to the provisions of this chapter, as from time to time the Chief deems it necessary for the implementation of this chapter.
(Prior Code, § 93.04) (Ord. 98-07, passed 3-16-1998) Penalty, see § 93.99
(A) Any alarm system, other than fire alarm systems, which has recorded more than four false alarms within a permit year shall be subject to a false alarm fee as set by resolution.
(B) The payment of the fee provided for in division (A) above shall be submitted to the City Clerk’s office within ten days of receiving notice that the fee is due.
(C) Should a false fire alarm call be caused by defective or malfunctioning fire alarm systems, one call per location would be responded to at no charge every six months. Any subsequent calls received within any six-month period caused by a malfunctioning or defective fire alarm system, the party initiating the call would be billed a fee as set by resolution for each subsequent call, and the bill shall be paid immediately to the City Clerk’s office.
(D) A fee for each false alarm from a non-registered alarm system shall be paid in addition to those fees as established in division (A) above.
(Prior Code, § 93.05) (Ord. 98-07, passed 3-16-1998) Penalty, see § 93.99
(A) It is unlawful for any person to program an automatic dialing device to select a primary trunk line, and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device within 12 hours of receipt of written notice from the Alarm Coordinator that it is so programmed.
(B) It is unlawful for any person to program an automatic dialing device to select a secondary trunk line, and it is unlawful for an alarm user to fail to disconnect or reprogram the device within 12 hours of receipt of written notice from the Alarm Coordinator that an automatic dialing device is so programmed.
(Prior Code, § 93.06) (Ord. 98-07, passed 3-16-1998) Penalty, see § 93.99
(A) All information submitted in compliance with this chapter shall be held in strictest confidence, shall be deemed a public record exempt from disclosure and shall be kept so that the contents thereof shall not be known except to persons authorized to carry out the administration and enforcement of this chapter. The Alarm Coordinator shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under this chapter.
(B) Subject to the requirements of confidentiality, the Alarm Coordinator shall develop and maintain statistics having the purpose of assisting alarm system evaluation, for use by members of the public and governing body.
(Prior Code, § 93.07) (Ord. 98-07, passed 3-16-1998) Penalty, see § 93.99
Any person convicted of a violation of any of the provisions of this chapter, or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense and punished by a fine of not more than $300. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person.
(Prior Code, § 93.99) (Ord. 98-07, passed 3-16-1998)