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(1) Any person or business entity installing an alarm system for use upon that person's or entity's premises or using an alarm system previously installed upon that person's or entity's premises shall submit an application for an alarm system user's permit to the alarm administrator or his designee. Such application shall be on standard forms furnished by the alarm administrator and shall contain, but not be limited to, the following information:
(a) Name, address and telephone number of the permittee;
(b) Type of alarm system and the address of the premises where the alarm system is installed;
(c) Name, address and telephone number of the individual primarily responsible for maintenance of the alarm system; and
(d) Name, address and telephone number of the individual who will be responsible for maintenance of the alarm system if the primary individual should not be available.
(2) The alarm administrator shall, upon receipt of properly completed application form, furnish the applicant or the applicant's designated agent or representative with written notification of the approval of the same for presentation to the division of revenue. The division of revenue shall issue an alarm system user's permit upon presentation of an approval notice from the alarm administrator and payment of a nonrefundable administrative fee of fifteen dollars ($15.00). Federal, state and urban county agencies and facilities shall be exempt from payment of the aforementioned administrative fee.
(3) Whenever any change occurs relating to the written information required by subsection (1) of this section, the applicant or permittee shall give written notice thereof to the alarm administrator within fifteen (15) days of such change.
(4) An alarm user's permit shall not be assigned or transferred without the written approval of the alarm administrator.
(Ord. No. 52-83, § 3, 4-7-83; Ord. No. 110-84, § 1, 7-12-84; Ord. No. 209-85, § 3, 10-17-85; Ord. No. 56-2005, § 10, 3-10-05)
To the extent permitted by KRS 61.878, the information furnished and secured pursuant to sections 13-71 through 13-74 shall be confidential in character and shall not be subject to public inspection and shall be kept and maintained so that the contents thereof shall not be known except to persons charged with administration of sections 13-71 through 13-74.
(Ord. No. 209-85, § 4, 10-17-85; Ord. No. 56-2005, § 11, 3-10-05)
(1) When an alarm system generates a false alarm in any calendar year, the alarm administrator shall issue a warning notice to the alarm user and the alarm company providing service for that alarm system informing them that subsequent false alarms within the same calendar year may subject the alarm user to civil fine. Unless otherwise specified herein, the provisions of chapter 2B of the Code of Ordinances shall apply to all civil enforcement.
(2) Any alarm system that has four (4) or more false alarms in any calendar year shall subject the alarm user to a maximum civil fine, which must be issued in the form of the citation specified in section 2B-6 of the Code of Ordinances, as follows:
Violation | Maximum Civil Fine |
Fourth | $25.00 |
Fifth | 60.00 |
Sixth | 125.00 |
Seventh | 200.00 |
Eighth | 250.00 |
Ninth | 300.00 |
If the alarm user does not contest the citation issued for a false alarm, then the civil fine shall be in the amount of the citation.
(3) The alarm administrator may suspend the permit for any alarm system that has five (5) or more false alarms in any calendar year and shall revoke the permit for any alarm system that has ten (10) or more false alarms in any calendar year. The suspension period shall be for a period of up to sixty (60) days and the revocation period shall be for a period of up to one (1) year.
(4) The alarm administrator may suspend or revoke a license and/or a permit if the alarm company fails to arrange for the alarm user or other responsible party to go to the premises of an activated alarm, as required by subsection 13-72.2(3)(j), or if the alarm user fails to respond or make arrangements for a responsible party to respond to the alarm site, as required by subsection 13-73.3(3).
(5) It shall be an affirmative defense to a false alarm civil fine that the false alarm was caused by an act of God, common cause, action of a telephone company, telephone line outage, power outage lasting more that the life of a fully charged battery, and other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user.
(6) Alarm users shall have the option of attending the alarm user awareness class approved or created by the alarm administrator in lieu of paying one (1) civil fine. An alarm system user who elects to attend an alarm user awareness class shall not be eligible to attend the alarm user awareness class more than once and must notify the alarm administrator in writing of the decision to take the class prior to the deadline for filing an appeal.
(7) Any person operating an alarm system without the required license or permit or while the required license or permit is suspended or revoked shall be subject to an additional civil fine of one hundred dollars ($100.00) for each false alarm, which shall be issued in the form of the citation specified in section 2B-6 of the Code of Ordinances.
(8) If cancellation occurs before the responding local law enforcement agency arrives at the alarm site the alarm will not be considered a false alarm and no warning notice or citation will be issued.
(9) The civil fines imposed against an alarm user in subsection (2) above may be imposed against the alarm company if the alarm administrator determines that the alarm company did not verify a false alarm. A warning notice will not be issued and a civil fine will not be assessed against an alarm user if an alarm company is assessed a civil fine for failing to verify a false alarm.
(Ord. No. 209-85, § 5, 10-17-85; Ord. No. 56-2005, § 12, 3-10-05; Ord. No. 221-2016 , § 11, 12-6-16)
Any person who has received a warning notice, a citation or an order of suspension or revocation shall have a right to appeal such order to the alarm advisory board. Any appeal of an order of a warning notice or an order of suspension or revocation must be in writing and shall be filed with the alarm administrator within ten (10) days of receipt of the notice or order. An appeal from a citation must comport with the requirements of section 2B-6 of the Code of Ordinances (i.e., filed within seven (7) days). All appeals will be heard by an assigned hearing officer as provided in section 2B-5 of the Code of Ordinances using the process provided in chapter 2B of the Code.
(Ord. No. 209-85, § 6, 10-17-85; Ord. No. 56-2005, § 13, 3-10-05; Ord. No. 221-2016 , § 12, 12-6-16)
(1) Any person who has received an order of suspension or revocation may petition the alarm administrator for a reinstatement conference for the purpose of presenting proof that reinstatement of a suspended or revoked permit or license and renewed use of the alarm system will not result in excessive false alarms and constitute a public nuisance. The alarm administrator may require inspections of an alarm system as a condition of reinstatement.
(2) If after a reinstatement conference the alarm administrator finds that the petitioner has failed to establish that permit or license reinstatement and renewed use of the system will not result in excessive false alarms and will not constitute a public nuisance, the suspension or revocation shall remain in effect and the petitioner may appeal the ruling to an assigned hearing officer acting for the alarm advisory board.
(3) If after an appeal the assigned hearing officer finds that the petitioner has failed to establish that permit or license reinstatement and renewed use of the system will not result in excessive false alarms and will not constitute a public nuisance, the suspension or revocation shall remain in effect. If, after the initial reinstatement conference or after an appeal, the petitioner has established through proof of renewed user training, system maintenance, modification or repair that permit or license reinstatement and use of the system will not result in excessive false alarms and will not constitute a public nuisance, the order of suspension or revocation shall be dissolved upon submission of a new permit application and payment of a nonrefundable reinstatement fee of fifteen dollars ($15.00).
(4) Filing of a petition for reinstatement or an appeal of the alarm administrator's decision after a reinstatement conference shall not stay an order of suspension or revocation.
(Ord. No. 209-85, § 7, 10-17-85; Ord. No. 56-2005, § 14, 3-10-05; Ord. No. 221-2016 , § 13, 12-6-16)
There is hereby created an administrative hearing board pursuant to KRS 65.8801 to KRS 65.8839 (the Local Government Code Enforcement Board Act) to be known as the alarm advisory board. The board shall be composed of five (5) members and shall operate under and be subject to the provisions of chapter 2B of the code.
(Ord. No. 209-85, § 8, 10-17-85; Ord. No. 56-2005, § 15, 3-10-05; Ord. No. 77-2011, § 11, 6-23-11)
Any alarm system which is installed or connected on or after April 17, 1983 and which, when activated, generates an audible sound on the premises, shall have as part of the system an automatic shutoff that will deactivate the audible portion of the system within thirty (30) minutes after it is first activated.
(Ord. No. 52-83, § 3, 4-7-83; Ord. No. 209-85, § 9, 10-17-85; Ord. No. 56-2005, § 16, 3-10-05)
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