§ 3A-1. Definitions.
§ 3A-2. Alarm business licenses.
§ 3A-3. Alarm user registration.
§ 3A-4. Alarm response fee; request for police response.
§ 3A-5. Appeal.
§ 3A-6. Installation standards; inspections.
§ 3A-7. Time limit on audible alarm systems.
§ 3A-8. License revocation and appeals.
§ 3A-9. Penalties.
§ 3A-10. Applicability and regulations.
§ 3A-11. Report.
Cross reference-Standards and requirements for fire and burglar alarm systems, § 17-37.
Notes
| [Note] | *Editor's note-Section 2 of 1997 L.M.C., ch. 29, reads as follows: "The enforcing agency, as defined in Section 3A-1 of the Code, as amended by Section 1, should inform alarm users and alarm businesses about the requirements and penalties of Chapter 3A of the Code, including changes to existing law made by this Act." Section 1 of 1993 L.M.C., ch. 14, enacted this chapter to read as set out in §§ 3A-1-3A-11. Sections 2 and 3 read as follows: "Sec. 2. Effective date. This Act [chapter] is effective on January 1, 1994, except that: (a) Section 3A-3 is effective September 1, 1993, except that a residential alarm user using their alarm system on September 1, 1993 must register under Section 3A-3 before November 1, 1993; (b) Section 3A-6(a) and Section 3A-6(b) [§ 3A-9(a), (b)] are effective September 1, 1993; and (c) Effective September 1, 1993, an alarm business must comply with procedures established by the County Executive by executive regulation under method (2) to: (1) issue a County alarm user registration form to any alarm user if the alarm business sells, installs, leases, maintains, monitors, repairs, replaces, services, or responds to the user's alarm system; and (2) return completed forms and registration fees to the County Executive or designee. "Sec. 3. Transition. (a) The County Executive must submit the first annual report required under Section 3A-11 by January 1, 1995. (b) The County Executive or designee must not permit a nonresidential alarm user to register under Section 3A-3 until that user has paid all unpaid alarm user permit fees from prior years and the following alarm user permit fees for alarm signals from the user's alarm system resulting in dispatch of a police officer between January 1, 1993 and December 31, 1993: (1) $30 for each alarm signal between 8 and 10; (2) $60 for each alarm signal between 11 and 15; (3) $100 for each alarm signal between 16 and 20; and (4) $250 for each alarm signal over 20." In some cases, existing provisions were retained but were given a different section number. In those cases, a complete history note has been given, and a note has been appended giving the former section number. Completely new material will carry reference only to 1993 L.M.C., ch. 14. |
When used in this Chapter:
Alarm business means any business which alters, installs, leases, maintains, monitors, repairs, replaces, sells at retail, services, or responds to an alarm system.
Alarm signal means the activation of an alarm system.
Alarm system means any mechanical or electrical equipment arranged to signal an unauthorized entry or other illegal activity. Alarm system includes devices activated automatically, such as burglar alarms, and devices activated manually, such as hold up alarms. Alarm system does not include telephone lines maintained and operated by public utilities under the regulation of the public service commission over which such signals might be transmitted, or alarm systems installed in motor vehicles, boats, or aircraft.
Alarm user means:
(a) the owner or lessor of any alarm system;
(b) the occupant of any dwelling unit with an alarm system; and
(c) each tenant that uses an alarm system in a multi-tenant building.
Enforcing agency means:
(a) the Police Department; or
(b) any other agency of County government that the Chief Administrative Officer assigns to enforce this Chapter; or
(c) in any municipality in which this Chapter applies, an agency designated by the municipality to enforce this Chapter.
False alarm means any alarm signal:
(a) that elicits a response by police personnel; and
(b) for which there is no evidence of criminal activity to justify a police response.
License means a license issued to an alarm business by the enforcing agency.
Nonresidential alarm user means any alarm user that is not a residential alarm user.
Residential alarm user means the occupant of any dwelling unit with an alarm system.
(1983, L.M.C., ch. 19, §1; 1989 L.M.C., ch. 6, §1; 1993 L.M.C., ch. 14, §1; 1997 L.M.C., ch. 29, §1.)
(a) A person must not engage in the alarm business in Montgomery County unless the person obtains an alarm business license.
(b) The County Executive must establish by regulation adopted under method (2) procedures to issue licenses to all alarm businesses that operate in Montgomery County. The Executive must set an alarm business license fee by regulation adopted under method (2).
(c) An alarm business without a current County license must not request a police response to an alarm signal from an alarm system in the County. The Police Department must not respond to a request for police response from an unlicensed alarm business.
(d) The enforcing agency may collect, analyze, and disclose statistical or other information about the false alarm experience of specific alarm businesses. The authority in this subsection does not limit any other data collection or disclosure authority of any County agency.
(1989 L.M.C., ch. 6, § 1; 1993 L.M.C., ch. 14, § 1; 1997 L.M.C., ch. 29, §1.)
Every alarm user must register the user's alarm system with the enforcing agency before the user begins using the system and must renew the registration periodically as provided by regulation. The alarm user must pay alarm user registration and renewal fees. The County Executive must establish procedures in regulations adopted under method (2) for alarm businesses to issue County alarm user registration forms, and return completed forms and registration fees to the enforcing agency. The Executive must set residential and nonresidential alarm user registration and renewal fees by regulation adopted under method (2). (1993 L.M.C., ch. 14, § 1; 1997 L.M.C., ch. 29, §1; 2002 L.M.C., ch. 33, § 1.)
(a) The enforcing agency must collect an alarm response fee from the alarm user for false alarms from the user's alarm system in a calendar year, unless the enforcing agency excuses the false alarm for good cause. The Executive must establish in regulations adopted under method (2):
(1) whether an alarm system may produce a certain number of false alarms during a calendar year before alarm response fees apply; and
(2) the conditions under which the enforcing agency will excuse a false alarm, including an alarm signal caused by severe weather.
A false alarm excused by the enforcing agency under paragraph (2) does not count toward any fee or sanction under this Chapter for a later false alarm.
(b) The Executive must set alarm response fees by regulation adopted under method (2). The Executive may set lower alarm response fees for residential alarm users than the corresponding fees for nonresidential alarm users. The alarm response fee must increase for larger numbers of false alarms from an alarm user's alarm system. In addition to any other fee required under this Chapter, the regulation may impose a special fee for any police response to a false alarm from an unregistered alarm system, including a system whose registration has expired.
(c) The Executive must establish procedures in regulations adopted under method (2) for an alarm business to request a police response to an alarm signal, including procedures to verify an alarm signal before requesting a police response. The regulations must prohibit the alarm business from requesting a police response until a specified number of days after the alarm user registers the alarm system under Section 3A-3, unless the enforcing agency waives this prohibition because of an imminent danger to people or property. An alarm business must comply with these procedures when the business requests a police response to an alarm signal. The Police Department may refuse to respond if the alarm business does not follow these procedures.
(d) An alarm user may recover an alarm response fee from the alarm business that sold, installed, or monitored the user's alarm system if the false alarm is the result of:
(1) faulty, defective, or malfunctioning equipment supplied by the alarm business;
(2) improper installation or maintenance by the alarm business; or
(3) improper monitoring by the alarm business. (1989 L.M.C., ch. 6, § 1; CY 1991 L.M.C., ch. 7, § 1; 1993 L.M.C., ch. 14, § 1; 1997 L.M.C., ch. 29, §1; 2002 L.M.C., ch. 33, § 1.)
Note—Formerly, § 3A-3.
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