755.01 PURPOSE AND SCOPE.

   (a)   Purpose. The purpose of these sections is to protect the police and fire emergency services of the City from misuse and to encourage alarm users and alarm businesses to properly use and maintain the operational effectiveness of alarm systems in order to improve the reliability of alarm systems and reduce or eliminate false alarms.

   (b)   Scope. These sections govern and regulate alarm systems, alarm users and alarm businesses; require licensure; establish fees; provide for revocation of permits; and provide for the punishment of violations within these sections.

(Ord. 21-146. Passed 9-7-21.)

755.02 AUTHORITY TO INSTALL ALARMS.

   No residence or business located within the City may be equipped with an emergency alarm system, except for interior smoke alarms or carbon monoxide detectors, for the purpose of detecting and signaling the presence of an unauthorized intrusion or a fire, except upon compliance with the provisions hereinafter set forth.
(Ord. 04-269. Passed 12-21-04.)

755.03 DEFINITIONS.

      (a)    "Alarm business" means the business by any person, partnership, corporation or other entity selling, leasing, testing, inspecting, monitoring, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system, or causing to be sold, leased, maintained, serviced, tested, monitored, inspected, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility.

      (b)    "Alarm system" means any assembly of equipment, mechanical, or electrical, audio, video, GPS, internet based, or cellular arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police or fire are expected to respond.

   (c)   “Alarm user" means a person, firm, partnership, association, corporation, company or organization of any kind, in control of any building, structure or facility where an alarm system is maintained. Exclusion: The term "alarm user" does not include alarms being monitored by a licensed alarm business.

    (d)   "Applicant" means any person, partnership, corporation or other entity who files an application for a new or renewal license or permit as provided in this chapter.

   (e)    "Subscriber" means any person, partnership, corporation or other entity who is under contract with or has an alarm business monitor, service or maintains its alarm system.

   (f)   "Automatic dialing device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by a voice message, cellular communicator, or network connection or code signal, an emergency message indicating the need for an emergency response.

   (g)   "False alarm" means an alarm dispatch request to city safety forces, when the responding safety force official finds no evidence of an emergency, criminal offense, or attempted criminal offense after having completed a timely investigation of the alarm site, or the activation of an alarm system through mechanical failure, malfunctioning, improper installation or the negligence of the owner or lessee of an alarm system, or of his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other similarly violent conditions. Some examples of false alarms include, without limitation, the following:

      (1)   When an individual user fails to properly utilize the alarm system. For example:

         A.    Neglects to turn off the alarm before entering a protected property.

         B.    Fails to call a central station or monitoring agency advising them that the entry is authorized.

         C.    A user fails to properly instruct an employee or representative who has access to a protected property of the correct use of the alarm.

            (2)    When a fire or burglary system is activated requiring a response because the system and/or equipment is not in compliance with manufacturer's recommendations.

            (3)    When an Alarm Business employee fails to put the system on test.

            (4)    When an Alarm Business provides an incorrect address.

   (h)   "Interconnect" means to connect an alarm system, including an automatic dialing device to a telephone line either directly or through a mechanical device that utilizes the telephone, network, cellular communicator, or network connection for the purpose of using the telephone line to transmit a message upon activation of the alarm system.

   (i)   "Alarm Ordinance Administration" means the department of the City designated as such by the Mayor and which is authorized to issue permits and licenses and collect the fees for same as provided herein.

   (j)   "Local alarms" means those alarm systems which activate an audible or visual signal within the proximity of the premises only.

   (k)   "Permit year" means a twelve-month period beginning with the first day of March and ending the last day of February of each year.

   (l)   "Primary trunkline" means a telephone line leading directly into the Public Safety Communications Center which is for the purpose of handling emergency calls on a person-to-person basis, and which is identified by a specific number in the telephone directory.

   (m)    "Safety-Service Director's Designee" means the employee of the City whose responsibility is to coordinate the administration and documentation of alarm business and alarm systems performance as it relates to the effective enforcement of the provisions of these sections.

(Ord. 21-146. Passed 9-7-21.)

755.04 ALARM BUSINESS LICENSE; FEE.

   (a)   Any individual, partnership, corporation or other entity engaging in an alarm business within the City, defined as having accounts with alarms or alarm monitoring at addresses located within said City, shall apply to the Safety-Service Director's Designee for the City, for a license to operate.

   (b)   The application for an alarm business license shall be on a form to be furnished by the alarm license section and signed by the individual proprietor of such business, by a partner or by the corporate official, as is appropriate for the form of the business seeking the license, and shall include:

      (1)    The name, address and telephone number of the alarm business, and the type of business entity it is (individual, partnership or corporate). The name, address and telephone number of the individual proprietor, partners or directors and principal officers, depending on the nature of the entity applying.

      (2)   A description of the alarm systems and devices offered for sale and lease to the public and a description of any services related to alarm devices offered to the public.

            (3)    A list of all felony convictions of individual proprietors, partners, directors and principal officers of the applicant business. The date and location of each conviction shall also be included.

            (4)    A statement as to whether the applicant has ever been denied a license or permit in any jurisdiction to engage in the alarm business, or has had such license or permit revoked.

            (5)    A statement as to the length of time the applicant has been engaged in the alarm business, and where engaged.

   (c)   License applications shall be accompanied by a nonrefundable fee of two hundred dollars ($200.00) to cover the costs to the City, of processing the applications as described herein.

   (d)   The Safety-Service's Director's Designee shall review each application for a license and may conduct an investigation to determine whether the facts set forth in the application are true. He shall, within sixty (60) days after receipt of an application for such license, either approve or deny issuance of same and, accordingly, forward notification to the applicant of the decision. A written notification of denial shall include the basis for such finding and if the grounds for denial are subject to correction, the applicant shall be given thirty (30) days after receipt of such notice within which to make the required correction.

      (1)    The Safety-Service Director's Designee shall deny the application for an alarm business license if he finds that applicant business fails to meet the experience requirement set forth in subsection (e) hereof.

            (2)    The Safety-Service Director's Designee may deny the application for an alarm business license if he finds that the applicant, or the individual having the authority and the responsibility for the management and operation of the applicant's alarm business within the City or the individual upon whom the applicant relies to comply with this chapter, or any of the applicants, owners, partners or principal corporate officers have:

                  A.    Committed any act which if committed by a licensee would be grounds for revocation of a license under subsection (g) hereof; or

                  B.    While unlicensed, knowingly and willfully committed or aided and abetted in the commission of any act for which a license is required by this chapter; or

                  C.    Been convicted in any jurisdiction of a felony, if the Safety-Service Director's Designee finds that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business.

   (e)   Every alarm business shall meet the following experience requirement of this subsection before it may engage in the alarm business:

            (1)    At least one individual, who is an owner, officer, partner or employee of the applicant shall establish that he was engaged in, or employed by, an alarm business, in sales, service or installation; or equivalent, for an aggregate period of two (2) years prior to filing this application. Such individual shall file with the Safety-Service Director's Designee sworn statements of such experience by at least two (2) citizens of the community or communities in which such individual was so engaged or employed. The individual whom the applicant relies upon to comply with this paragraph shall be a person who devotes a substantial portion of their time to engaging in and/or supervising the sale, installation or servicing of alarm systems on behalf of the applicant.

            (2)    For the purpose of the two year experience requirement of subsection (e)(1) above, employment by, or engagement in an alarm business in one or more communities within the State may be aggregated.

            (3)    In the event that the individual upon whom the applicant relies to comply with subsection (e)(1) above shall within a period of three (3) years after such compliance or qualification, for any reason cease to perform their duties on a regular basis, the alarm business shall promptly notify the Safety-Service Director's Designee by certified or registered mail, and shall obtain, as promptly as possible, a substitute eligible individual acceptable to the Safety-Service Director's Designee. If the alarm business fails to obtain such substitute eligible individual within six (6) months from and after the disqualification of such individual, the Safety-Service Director's Designee may revoke the alarm business license, or may, at his discretion, extend for a reasonable period of time, the period for obtaining a substitute qualified individual; or, such Safety-Service Director's Designee may determine, based upon experience and performance of the alarm business, that the alarm business need not obtain such substitute qualified individual.

   (f)   No license issued pursuant to the provisions of this chapter shall be assigned or transferred either by operation of law or otherwise.

   (g)   Renewal of License. Application for renewal of an alarm business license shall be made every year within thirty (30) days before the expiration date of the last day of February, and shall be accompanied by a non-refundable fee of one hundred dollars ($100.00). Applicants for renewal may continue to do business while the renewal application is being processed. The application for renewal of an alarm business license shall be on a form to be furnished by the Alarm Ordinance Administration and signed by the individual proprietor of such business, or by a partner or by the corporate official, as is appropriate for the form of the business seeking the license, and shall include an update of the information provided in the initial application.

            (1)    The Safety-Service Director's Designee shall deny the application for renewal of an alarm business license if he finds that applicant business fails to meet the experience requirement set forth in subsection (f) hereof.

            (2)    An application for an alarm business renewal may not be renewed by the Safety-Service Director's Designee in the manner hereinafter set forth if the licensee, or any of its owners, partners, principal corporate officers, or the individual having the authority and the responsibility for the management and operation of the alarm business within the City are:

                  A.   Found to have violated any of the provisions of this chapter.

                  B.    Found to have knowingly and willfully given any false information of a material nature in connection with an application for a license or a renewal or reinstatement of a license or in a notice of transfer of an alarm business license under this chapter.

                  C.    Found to have been convicted, in any jurisdiction, of a felony, if the Safety-Service Director's Designee determines that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business; or

                  D.    Found to have committed any act while the license was not in effect which would be cause for the revocation of a license, or grounds for the denial of an application for a license.

(h)    Failure to Renew Alarm Dealer License. All Alarm Businesses licensed in accordance with the terms of Section 755.04 shall have their license renewed for each succeeding year prior to the date of expiration, if applicable fee requirements and other requirements of the Codified Ordinances of Mansfield are met. Failure to renew an alarm dealer license prior to the date of expiration shall result in a late fee in the amount of twenty-five dollars ($25.00) per month and must be paid prior to the issuance of a valid alarm business license. A renewal may be denied if an alarm dealer's current license is revoked pursuant to the provisions of this Section.

      (1)   Failure to renew an alarm dealer license within sixty (60) days from the date of expiration may result in the Safety-Service Director's Designee revoking said license.

         (Ord. 21-146. Passed 9-7-21.)

755.05 ALARM USERS PERMIT.

   (a)   Every alarm user in the City of Mansfield shall apply to the Alarm Ordinance Administration for an alarm user permit for each system in use. Excluding those alarm systems being monitored by contract under the alarm business licensee or those local alarm systems as defined in Section 755.03( j).

   (b)   Applications for an alarm user permit are broken down into the three categories and all fees indicated in this subsection are due for application received during the period of March 1 to August 31 of any year. The alarm user's permit application shall include the following information:

   (c)   The alarm user's permit application shall include the following information:

      (1)    The name, address, zip code and telephone number of the protected business, home, etc.

      (2)    The name, address, zip code and telephone number of the alarm company, if any, which installed or maintains applicant's alarm system.

      (3)    In the case of a business entity, the names, addresses, zip codes and telephone numbers of three responsible employees of the business who can be contacted by the Public Safety Communications Center.

      (4)    Other information such as special hazards or instructions as required.

   (d)   All initial applications for alarm user permits submitted after September 1 of any year shall be accompanied by a non-refundable fee exactly one-half of the full initial application fee as indicated in subsection (b) hereof.

   (e)   Application for renewal of alarm user's permit shall be made each year within thirty (30) days immediately preceding the first of March of every year and shall be accompanied by a non-refundable fee of two hundred dollars ($200.00).

   (f)   An application fee will be charged in addition to the fee provided in subsection (d) above to an alarm user who is more than sixty (60) days delinquent in renewing a permit, which additional fee shall be equal to twenty-five percent (25%) of the appropriate category fee set forth in subsection (b) above.

   (g)   A User's permit may be revoked for non-payment of fees pursuant to Section 755.13 . (Ord. 21-146. Passed 9-7-21.)