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(A) Each application for an alarm system permit shall be made on a form prescribed by the city which may include any information which is necessary for effective administration of this subchapter, including the following information:
(1) Name, address and telephone number of the applicant.
(2) Name, address, and telephone number of the business or premises where the alarm system will operate.
(3) The names and telephone numbers of two or more persons who have the ability to verify and respond to the alarm site within 30 minutes, if activation occurs, during any hour of the day or night, and that the person(s) have the ability to deactivate the alarm. In the event a person able to respond to the alarm site as mentioned above cannot be located, the responsible alarm company shall release the public safety response agency(s) from the scene.
(4) A description of the alarm system, its purposes, the alarm system model number, the manufacturer's name and the name of the company performing the installation and maintenance.
(5) Any dangerous or special conditions present at the alarm site.
(6) Schedule for regular maintenance of the alarm system.
(B) The Alarm Administrator shall approve and issue the permit upon finding:
(1) The application contains the required information;
(2) The alarm system meets the standards prescribed by this chapter;
(3) That the applicable fees have been paid (pursuant to the city's Schedule of Fees and Service Charges);
(4) That the alarm system is accessible to Police or Fire;
(5) The permit is issued subject to the proper maintenance and operation of the alarm's system.
(C) Change of information on alarm permit. The permittee shall give written notice to the Alarm Administrator within seven working days of any change in the information provided on the alarm permit application.
(D) The permit is good for one fiscal year. It is incumbent upon the permittee to ensure that the permit does not expire, and that the renewal application questionnaire is completed and returned to the Alarm Administrator in a timely fashion.
(Ord. 921-C.S., passed 9-7-21)
(A) An alarm permit may be revoked by recommendation of the Alarm Administrator for any of the following reasons:
(1) False representations were made upon the permit application; or
(2) The alarm system emits excessive false alarms, deeming the system an immediate safety hazard as prescribed by this chapter; or
(3) Failure to observe any of the regulations or provisions of this chapter.
(B) Notice and effective dates. A written notice of revocation, setting the reason for the action, shall be mailed by certified mail giving the permittee ten working days from the mailing date to disconnect or remove the alarm from the premises. Any person failing to disconnect the alarm system when required by this chapter shall be subject to the penalties as set forth in § 103.14.
(Ord. 921-C.S., passed 9-7-21)
(A) Revocation of an alarm system permit may be appealed to the Alarm Administrator. The permittee may submit a written statement, setting forth the reasons why the permit should not be revoked, to the Alarm Administrator not more than ten working days from the mailing date of the notice of revocation.
(B) The alarm user may continue to operate the alarm system during the appeal process, unless the Alarm Administrator recommends the disconnection of the alarm system.
(C) The decisions of the Alarm Administrator with respect to this chapter will be final and conclusive.
(Ord. 921-C.S., passed 9-7-21)
Following the revocation of the alarm permit, the permit may be reinstated upon recommendation of the Alarm Administrator when:
(A) The cause for the revocation has been corrected; and
(B) The permittee pays a permit reinstatement fee to the city. (See the City of Eureka Schedule of Fees and Service Charges "City Fee Schedule".)
(Ord. 921-C.S., passed 9-7-21)
The sending of an alarm by an alarm system monitoring company, which results in the dispatch of Police or Fire, shall subject the alarm user or property owner to a false alarm fee whenever there is no evidence of a crime or other activity that would warrant a call for Police or Fire assistance or investigation at the premises; provided however, that no false alarm fee shall be assessed if any individual who was on or near the premises, or who had viewed a video communication from the premises, called for the dispatch and confirmed a need for police or fire response.
(A) False alarm fees, including any penalties for failure to register, shall be imposed per the city's Fee Schedule.
(B) In the event that Police or Fire were dispatched to the premises, the alarm user or property owner shall be subject to a false alarm fee per the city's fee schedule. Such amount represents the cost of dispatch and initial response incurred by Fire and/or Police.
(C) Notice and hearing on penalty for false alarms.
(1) The Department shall mail by first class mail a written notice of the false alarm fee to the permitee. The notice shall state the date and time of the false alarm, and that the permittee is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the determination that the false alarm occurred. All false alarm fees are due and payable within 60 days of the date that the Department mails or transmits the notice, unless: (1) an appeal is filed pursuant to subsection (B) of this section, in which case the fees appealed from are due and payable within ten days after the date of the written ruling, or (2) a waiver is requested and an alarm user class is scheduled pursuant to subsection (D) of this section.
(2) A permittee wanting to contest a false alarm fee shall file a written appeal with the Alarm Administrator within 30 days after the date of the notice. A hearing shall be held by the Alarm Administrator, or the Alarm Administrator designee, not more than 20 days from the date the appeal is filed. Within 20 days after the hearing, the Department shall issue a written ruling including factual findings and the Alarm Administrator's conclusion, with supporting reasons affirming or reversing the notice. The decision of the Alarm Administrator shall be final.
(3) The Alarm Administrator may, but is not required to, delegate authority to conduct hearings under this section to the Eureka Police Department or the Fire Department.
(4) The Alarm Administrator may, with cause, at his or her discretion, waive the first false alarm fee once within a 12 month period per alarm site. A current Eureka alarm subscriber that moves to a new address within Eureka shall receive a waiver for the first alarm at the subscriber's new location if the false alarm occurs within six months of the move.
(D) It shall be the policy of Police and Fire to take positive action in reducing false alarm responses through continuous evaluation and notification of offending alarm owners/users when false alarms occur.
(Ord. 921-C.S., passed 9-7-21)
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