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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ALARM COMPANY. Any person who sells, installs, services or monitors an alarm system.
ALARM NOTIFICATION. A notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion.
ALARM SITE. A single premises or location (one street address) to include suites, sections or units served by an alarm system or systems that are under the control of one owner.
ALARM SYSTEM. Any mechanical or electrical device which is used to protect buildings, premises or persons from criminal acts or unauthorized entries by warning persons of a crime or unauthorized entry through the emission of a sound or the transmission of a signal or message intended to summon police of a municipality in response to a burglary or robbery. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises, which does not have a local alarm.
ALARM UNIT. City personnel assigned to the planning and development department who issue permits, monitor false alarms and manage permit revocations on behalf of the chief of police.
AUTOMATIC ALARM NOTIFICATION. An alarm notification sent over telephone lines, by direct connection or otherwise, a prerecorded voice message, synthesized voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
CENTRAL STATION. An office to which remote and supervisory signaling devices are connected, where operators supervise the circuits, and/or where guards are maintained continuously to investigate signals.
DURESS ALARM .The deliberate activation of a silent alarm by entering at a keypad a code that is different from the normal arm/disarm code or by a separate deliberate act at another device.
CHIEF. The chief of police of the city or his or her authorized representative.
FALSE ALARM NOTIFICATION. An alarm signal received by a law enforcement official and upon inspection of the premises, the law enforcement official determines that there is no evidence of a criminal offense, attempted criminal offense, fire or other emergency.
LOCAL ALARM. An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure.
PANIC ALARM. An audible alarm generated by the deliberate activation of a panic device.
PERMIT HOLDER. The person designated in the application who is responsible for responding to alarms and giving access the site and who is responsible for proper maintenance and operation of the alarm system and payment of fees.
PERSON. An individual, corporation, partnership, association, organization or any legal entity.
SERVICE FEE. The fee paid for each false alarm notification when a burglar alarm system has signaled at least three other false alarms during the preceding 12-month period.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16622, § 1, passed 9-27-2005; Ord. 16908, § 1, passed 4-25-2006; Ord. 17522, § 5, passed 4-24-2007)
(a) A valid alarm permit issued by the chief of police is required if a permit holder operates or causes to operate an alarm system and the permit holder desires to receive police response to an alarm site. A separate permit is required for each alarm site.
(b) The chief shall refuse police response to any alarm notification from an alarm site that does not have a valid alarm permit unless the alarm notification is a duress alarm, a hold-up alarm, a panic alarm or a report to 911 emergency telephone or to the police department by a person other than an alarm company.
(c) The fee for annual permit, an annual permit renewal or a permit reinstatement for all alarm permits is specified in § 2-321 of the City Code.
(d) Each permit issued pursuant to this chapter shall be valid for a 12-month period for the date of issuance as indicated on the permit. No refund of a permit, permit renewal or permit reinstatement fee will be made.
(e) A tenant of a multifamily dwelling, apartment building or apartment complex desiring police response for an alarm notification is required obtain a valid alarm permit from the chief before operating or causing the operating of an alarms system in the tenant’s residential unit.
(f) The owner or property manager of an apartment complex desiring police response for an alarm notification is required to obtain separate valid alarm permits for any alarm system operated in a nonresidential area of the apartment building or apartment complex, including, but not limited to, common tenant areas, office, storage and equipment areas.
(g) Within 30 days of receipt of a completed application form and the required fee, the chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee or has had an alarm permit revoked, and the violation causing the revocation has not been corrected.
(h) An alarm permit cannot be transferred to another person or to alarm system except by authorization of the chief.
(i) A permit holder shall inform the chief of any change that alters any information listed on the permit application within two business days. No fee will be assessed for such changes.
(j) A permit holder shall cancel a permit for any alarm system which is removed from an alarm site or which otherwise ceases to come under the permitting requirements of this chapter. Cancellation may be accomplished by returning the permit to the chief.
(k) All fees owed by an applicant must be paid before a permit may be issued or renewed.
(l) No permit fee shall be required for a permit obtained for an alarm system at a one-family or two-family dwelling when the alarm site is determined by the chief to be occupied by a low-income family. In making such determination, the chief shall consult applicable United States government guidelines for housing and other assistance, and may require the applicant to furnish appropriate documentation regarding household income.
(m) No permit shall be required of state and federal governmental entities.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 2, passed 4-25-2006; Ord. 23383-09-2018, § 2, passed 9-18-2018, eff. 10-1-20188; Ord. 23820-09-2019, § 2, passed 9-10-2019, eff. 10-1-2019)
(a) Grounds for denial of a permit.
(1) The chief shall issue a permit to the applicant unless one or more of the following conditions are present:
a. The applicant fails to provide all of the information requested on the application or otherwise submits an incomplete application;
b. The applicant gives false, misleading or untrue information of material fact on the application;
c. The operation, as proposed by the applicant would not comply with all applicable laws, included but not limited to, this chapter or the city building, zoning or health codes;
d. The alarm system has generated eight or more false alarms during the preceding 12-month period;
e. The applicant has failed to pay the applicable fee or any service fee assessed pursuant to this chapter that are due and owing; or
f. The application is for a location where a permit was revoked during the preceding 12-month period.
(2) Denial of an alarm permit shall be effected by written denial, setting forth the grounds for denial and mailed to the applicant by depositing the notice in the United States mail, addressed to the applicant with postage prepaid.
(b) Revocation of a permit.
(1) The chief shall revoke an alarm permit if he or she determines that:
a. The permit holder or his or her designated agent has given false, misleading or untrue information of material fact in any record or report required by this chapter;
b. The permit holder fails to maintain the alarm system in accordance with this chapter;
c. The operation of the alarm system by the permit holder has generated eight or more false alarms during the preceding 12-month period and the permit holder has not complied with the requirements of § 12-5; or
d. The permit holder has failed to make payment of an assessed service fee within 30 days of receiving notice to do so.
(2) A person commits an offense if he or she operates an alarm system during the period in which his or her alarm permit is revoked.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16622, § 2, passed 9-27-2005; Ord. 16908, § 3, passed 4-25-2006)
(a) A permit expires one year from the date of issuance and must be renewed annually by submitting an updated application and a permit renewal fee in accordance with this chapter.
(b) It is the responsibility of the permit holder to submit an application and the required permit fee prior to the permit expiration date. A permit shall not be renewed if the applicant has past due outstanding service fees at this alarm site or at another alarm site for which he or she is the permit holder, unless the service fees are under review in an appeal pursuant to this chapter.
(c) Before terminating a permit the chief shall provide 30 days prior written notice to the permit holder of the need to renew the permit and file and updated permit application.
(d) The permit holder for an alarm system shall keep such permit at the alarm site and shall produce such permit or evidence thereof for inspection upon request of any member of the police department.
(Ord. 15750, § 1, passed 11-18-2003)
(a) A person whose alarm permit has been revoked may have the permit reinstated if the person:
(1) Submits an updated application in accordance with this chapter; and
(2) Pays all outstanding service fees assessed under this chapter for which a bill has been issued and for which a payment plan has not been established and the permit holder has not been revoked for having generated eight or more false alarms during the preceding 12-month period.
(b) A permit holder whose alarm permit is pending revocation for excessive false alarms may avoid permit revocation if within 45 days after receipt of notice from the alarm unit, provides the following information or the following circumstances are met:
(1) A statement on official letterhead from the alarm company and/or a work order listing the work performed and confirmation that the system has been repaired or replaced;
(2) A written statement of proactive steps taken to resolve user-error issues that are not system related such as employee training. Final authority to accept or reject this statement rests with the chief of police;
(3) Pays all outstanding service fees assessed under this chapter for which a bill has been issued and for which a payment plan has not been established; and
(4) A permit holder has not been previously served with a revocation notice for excessive false alarms and avoided revocation with documentation of corrective action.
(c) A reinstated permit expires the same date on which the original permit would have expired had it not been revoked.
(d) A permit revoked for excessive false alarms shall not be eligible for reinstatement for 12 months from the date of revocation.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 4, passed 4-25-2006)
(a) If the chief refuses to issue or renew a permit, or revokes a permit, he or she shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his or her action and a statement of the right to an appeal. The applicant or permit holder may resolve the situation as outlined in § 12-5 if eligible or appeal the decision of the chief to the city manager by filing with the city manager a written request for a hearing setting forth the reasons for the appeal, within ten days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays the action of the chief in revoking a permit until the city manager or his or her designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final.
(b) The city manager shall set a time and place for the hearing, which shall be served upon the applicant or permit holder by certified mail, return receipt requested. The city manager or his or her representative shall serve as hearing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing. All parties to the hearing shall have the right to present evidence and shall have the right of cross-examination. The hearing officer shall make his or her decision on the basis of a preponderance of the evidence within 15 days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The hearing officer shall affirm, reverse or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies with the city.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 5, passed 4-25-2006)
A permit holder shall:
(a) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system;
(b) Maintain the alarm system in a manner that will minimize false alarm notifications;
(c) Respond or cause a representative to respond within one hour after requested by the city to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises;
(d) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report;
(e) Notify the police department prior to activation of an alarm for maintenance purposes; and
(f) A permit holder shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than 30 minutes after being activated.
(Ord. 15750, § 1, passed 11-18-2003)
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