(a) Authority to Install Alarm; Definitions. Any residence or lawful business located within the City may be equipped with an alarm system for the purpose of detecting and signaling the presence of smoke, fire or unauthorized intrusion upon compliance with this section. Existing installations shall be subject to the requirements of this section including those pertaining to permits.
As used in this section "automatic dialing service" means an alarm system which automatically sends over the telephone switching network a prerecorded voice message or coded signal indicating the existence of smoke, fire or an unlawful act to which Fire and/or Police Department response is requested.
As used in this section "alarm system" means an assembly of equipment and devices, mechanical or electrical (or a single device such as a solid state unit) which is arranged, designed or used for the detection and signaling the presence of a hazard requiring urgent attention and to which police or firefighter/paramedic response is expected. The term "alarm system" shall include:
(1) "Automatic hold-up alarm system" means an alarm system in which a signal transmission is initiated by the action of a robber.
(2) "Burglar alarm system" means an alarm system signaling an entry or attempted entry into the area protected by the system.
(3) "Hold-up alarm system" means an alarm system signaling a robbery or attempted robbery.
(4) "Manual hold-up alarm system" means an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.
(5) "Fire alarm system" means an alarm system which monitors temperature, humidity or other condition of a fire hazard nature, and not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at the premises.
The term "alarm system" does not include audible alarms on motor vehicles unless the vehicle is permanently located at a site or an alarm designed to alert the inhabitants of a premises only.
(b) Automatic Dialing Devices.
(1) The City may subscribe to one or more telephone lines for burglar alarms, hold-up alarms, occurrence of fire or for similar purposes; and when any line is designated as provided for in subsection (a) hereof, persons may, upon proper application and compliance with applicable laws, be granted a permit to install a device or devices which automatically select the designated telephone line for purpose of playing a recorded message or to otherwise report an intrusion or other emergency.
(2) Except as otherwise provided herein, no person shall install, operate, maintain, use or otherwise cause any telephone device or telephone attachment that automatically selects any telephone line allocated by the telephone company to the City or any of its departments or divisions except a telephone line which may be specifically designated by the Police Chief for such purpose. Such designated telephone line or lines shall terminate at the police station communication center.
(3) No person shall install, operate, maintain, use or otherwise cause any telephone device or attachment that automatically selects the number 9-1-1 to report a recorded message or coded signal.
(4) For alarms of the type described in subsection (a) hereof, the message shall comply with the following:
A. Length of message shall be fifteen seconds maximum;
B. The message shall not be repeated more than three times for each dialing;
C. Contents of the message shall first state: "This is a recording". The balance of the message shall be appropriate to the purpose for which the alarm is installed and shall be subject to the approval of the Chief of Police. The entire message shall be intelligible.
(5) For alarms of the type described in subsection (b)(2) hereof, each such device shall be programmed to first dial the Division of Police using an unlisted number assigned for that purpose. The device shall next dial a number selected by the applicant, such second number being that at which a person having a key to the building where the alarm is installed can normally be found. A third number subject to the approval of the Chief of Police may be programmed for the next dialing. No more than three such dialings may be programmed except under unusual circumstances and upon approval of the Chief of Police. No enforcement agency other than the City Police Department may be selected.
(6) The cost of providing the service described above, including any fee or payment charged by the telephone company, shall be paid by the applicant.
(7) The fee to be charged by the City under subsection (b)(6) hereof, shall be determined on an annual basis by dividing the cost of telephone service to the City by the number of holders of permits for alarms, as described in subsection (b)(1) hereof, adding fifteen percent (15%) for administration and rounding it off to the next dollar, except that the minimum charge shall be five dollars ($5.00) per month, payable in advance. Delinquency in excess of ten days shall result in cancellation of the permit or permits.
(c) Police Signal Alarm Connection; Fee and Noncompliance.
(1) There is hereby established a tie-in charge fee of ninety dollars ($90.00) for each connection to be collected from all persons or firms connecting a police alarm signal to a central electronic panel alarm signal installed and located at the Police Department. There shall also be established an annual charge in the amount of ninety dollars ($90.00) for each tie-in connection payable at the beginning of each calendar year or prorated from the date of the connection for that year.
(2) Each person or firm connecting to such system shall be responsible for the maintenance and operation of their respective signal line. If any signal line becomes inoperative or in a state of disrepair, the party maintaining such a line shall be given notice of such disrepair and shall from that point be given thirty days to either repair such line or give the Chief of Police notice of a good faith attempt to repair such line and intentions for any further action.
(3) If payment, as outlined in subsection (c)(1) hereof is not made in compliance with that subsection, noncompliance regarding subsection (c)(4) hereof shall be deemed to have taken place.
(4) Whoever does not comply with subsections (c)(2) or (3) hereof shall be deemed to have waived their privilege to use the system, and any line related to such noncompliance shall be disconnected.
(5) The Chief of Police shall be given the authority to determine which persons or firms are entitled to the privilege of use of such system, such determination to be made in good faith and with reasonable application.
(d) Local Alarms. A permit for the installation of a local alarm which, when activated, sounds a horn, bell, buzzer, siren or other type of audible alarm, and/or visual signaling device shall be required if the sound created by the alarm is audible beyond the premises being served. The Police Chief or his authorized representative shall issue a permit for such an alarm, provided the intensity of sound does not exceed sixty-five decibels at any location outside the premises being served, and such alarms shall have an automatic cut-off device as provided herein.
(1) Each such local alarm shall be equipped with an automatic cut-off device which deactivates the alarm noise within ten minutes of the first noise emitted by the alarm.
(2) Each violation of this section shall constitute an accidental/false alarm.
(e) Accidental/False Alarms.
(1) Except as provided in subsection (e)(3) hereof, a charge of twenty-five dollars ($25.00) shall be assessed for each accidental/false alarm received through equipment described above, or for each accidental/false alarm received through any other alarm service which the City has given permission to be installed. Such fee shall be assessed against the owner, agent or person in charge of or in possession of the premises from which the accidental/false alarm has emanated.
(2) Except as provided in subsection (e)(3) hereof, a charge of twenty-five dollars ($25.00) shall be assessed for each accidental/false alarm received by telephone from a central station system or alarm company answering service. Such fee shall be assessed against the owner, agent or other person in charge of or in possession of the premises from which the accidental/false alarm has emanated. As used in this section "central station system" means a system in which the operation of electrical protection circuits and devices are signaled to, recorded in, maintained and supervised from a central station, or any combination of the foregoing, having trained operators and/or personnel therein.
(3) No charge shall be assessed for the first accidental/false alarm nor shall there be any charge assessed for an accidental false alarm to which there is no response from the Fire and/or Police Departments.
(4) As used in this section, accidental/false alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, improper operation or through the negligence of or misuse by the owner, lessee, employee or agency whereby the Fire and/or Police Departments are summoned when there is no incident occurring or having occurred as reported by the alarm. Alarms attributable to tornadoes, earthquakes and other similar comparable abnormal conditions are not included within the scope of this provision provided that the burden of proof of such exception shall be upon the alarm subscriber and/or alarm business.
(f) General Maintenance Requirements.
(1) All equipment used in installations for which a permit is required shall meet the applicable standards of the Underwriters' Laboratory and/or other recognized testing laboratory. An applicant shall be required to submit evidence of the reliability and suitability of the equipment to be installed.
(2) The sensory mechanism used in connection with any alarm system shall be maintained to suppress false indications of heat, fire, smoke or intrusion so that the alarm system will not be activated by impulses due to transient pressure change in water pipes, short flashes of light, wind noises, vehicular noise or other forces unrelated to a genuine alarm. The sensitivity of an alarm system shall not be such that the simple vibration or motion of a protected door or window shall cause the activation of the alarm system without the actual breaking or opening leading to forcible entry.
(3) All components comprising any alarm system shall be maintained by the owner and/or lessee in good repair to assure reliability of operation.
(4) Every alarm business that sells or leases to any person any alarm system which is installed on such person's residence or place of business shall furnish such person with instructions as to the manner in which the alarm system operates, along with the maintenance instructions. "Alarm business" means and includes any business engaged in any of the activities of selling, leasing, leasing with an option to purchase, installing, servicing, altering, repairing, maintaining, replacing, moving, monitoring, responding to a fire, burglary, hold-up or other similar alarm systems, or causing any of such of the foregoing activities to take place.
(5) Every alarm business as described in subsection (f)(4) shall also furnish the Chief of Police with a copy of the instructions as to the manner in which the alarm system operates. If the Chief finds such to be incomplete, unclear or inadequate, he shall require the alarm business to have same revised to meet his approval and then promptly have copies distributed to persons for whom installations of such systems are made.
(6) No person shall manually activate an alarm system for any reason other than the occurrence of an event for which such alarm system was installed and intended.
(7) Any alarm business that sells or leases to any person an alarm system which is installed on such person's residence or business shall provide for the receiving of calls for service, maintenance or repairs, whether directly or through an agent, on a twenty-four hour, seven day a week basis and shall respond to such calls within four hours of the time such are received. Such alarm system shall be installed in accordance with all applicable laws of the City.
(8) At the time of installation of any alarm system, the alarm business shall furnish to the person for whom the alarm system has been installed, written information as to how service, maintenance or repair can be obtained at any time, including the telephone number to call for such service, maintenance or repair. Such person shall be responsible for having the alarm system serviced, maintained or repaired after it is learned from any source, including the City, that the alarm system is not operating properly.
(9) All alarm systems shall be maintained in good operating condition, in the manner for which such system was designed and in compliance with City building and electrical codes. The Chief of Police shall require that repairs be made when the Chief determines such are necessary to assure proper operation.
(10) For a violation of this section, for failure to properly maintain any installation, or when the number of accidental/false alarms reaches six in any twelve month period, or three in any sixty day consecutive period, the Chief of Police shall serve written notice upon a permit holder of intent to revoke their permit. Such notice shall be given not less than seven days prior to revocation. Such notice shall state the right of the permit holder to appeal to the Mayor. If an appeal is filed in writing, the Mayor shall hold a hearing on the matter and shall render a decision on the basis of the facts presented. The Mayor’s decision shall be final. No person shall operate an alarm system during the period in which the permit for such alarm system has been revoked.
(g) Liability of City. The issuance of any permit or permits in conjunction with this section shall not constitute acceptance by the City of any liability to maintain any equipment, to answer alarms or for anything in connection therewith.
(h) Rules and Regulations. The Police Chief or his authorized representative shall make and enforce such rules and regulations as he may deem necessary for the enforcement of the provisions hereof, and for the proper determination and collection of the fees and charges herein provided.
(i) Permit and Inspection Fee. A fee of fifty dollars ($50.00) shall be paid to the City for each permit issued as provided herein, to cover administrative and inspection costs. A separate permit and fee shall be required for an intrusion alarm and a fire alarm emanating from the same premises. Such permit shall not be transferable or assignable.
(j) Financial Institutions.
(1) Any financial institution required to have an alarm system pursuant to Federal or State law, rule or regulation, may install any such specialized equipment thus mandated, and such costs of installation, maintenance, repair and operation shall be borne solely by the institution installing the same.
(2) In the event that the specialized equipment permitted in subsection (j)(1) is installed over or upon City property, the Police Chief shall have full, complete and final authority to mandate the placement of such specialized equipment, the continuous inspection of the same as may be necessary, and the repair or replacement of inoperative or damaged equipment, the same being at the sole expense of the financial institution placing such specialized equipment.
(3) A financial institution which places specialized alarm equipment over or upon property of the City may, at any reasonable time, remove such specialized equipment from City property, but no fee previously charged for such installation or permit, or portion of such fee, shall be refundable to such financial institution.
(4) All financial institutions coming within the purview of this subsection (j) shall remain amenable to all other provisions of this chapter and shall make whatever application, receive whatever permits, and pay whatever fees which may be applicable to the ownership and operation of any other alarm system within the City by any other person.
(Ord. 87-61. Passed 4-4-88.)
(k) Penalty. Whoever violates any provision of this section shall be guilty of a minor misdemeanor for the first offense. Whoever violates any provision of this section shall be guilty of a fourth degree misdemeanor for the second offense or subsequent offense.
(Ord. 94-31. Passed 5-2-94.)