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It shall be unlawful for any person to intentionally activate any robbery alarm for any reason other than to warn of an actual robbery or to intentionally activate any burglar alarm for any reason other than to warn of an unauthorized entry into an alarm protected premises or to intentionally activate any commercial panic alarm for any reason other than to signal a life threatening or emergency situation requiring law enforcement response. An alarm user who violates any provision of this section is responsible for a civil infraction and may be fined in an amount not to exceed two hundred fifty dollars ($250.00).
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
A person shall not use or cause to be used any telephone device or telephone attachment that automatically selects a public primary telephone trunk line of the city and then reproduces any prerecorded message or signal.
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
The information furnished and secured pursuant to this division shall be confidential and shall not be subject to public inspection consistent with Arizona public records laws. The city shall take reasonable precautions to protect the confidentiality of the proprietary records of the alarm businesses.
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
An alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the police department response may be influenced by factors such as the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, and prior response history.
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
Newly installed and reinstalled alarm systems shall not be subject to the provisions of this division relating to the counting and assessment of false alarms for a period of thirty (30) days from the date the alarm system becomes operational. The grace period shall apply only if the alarm business or proprietor alarm owner notifies the alarm administrator in writing within ten (10) days of the completion of installation or reinstallation. The written notice shall specify the date the system was installed or reinstalled. For reinstalled alarm systems, the notice shall also describe the nature and extent of the reinstallation.
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
(a) An alarm user shall not operate, or cause to be operated, an alarm system at its alarm site without a valid alarm registration. Operating an alarm while an alarm registration is suspended is deemed to be operating an alarm without an alarm registration if the alarm administrator or police officer has made reasonable effort to notify the alarm user of excessive false alarms.
(b) Each alarm user and proprietor alarm owner shall apply for and receive an alarm user registration from the alarm administrator. An alarm user registration shall be kept within the premises protected by the alarm and shall be available for inspection by the police department. A separate registration is required for each address or separate units.
(c) An alarm registration application and fee shall be submitted within ten (10) calendar days of the installation date of a new alarm system or alarm system takeover. Alarm user registration will be on forms or by electronic means approved by the alarm administrator and are valid for three hundred sixty-five (365) days unless suspended pursuant to section 7-477. It is the responsibility of the alarm user to submit an application prior to the registration expiration date. Failure to renew will be classified as use of a non-registered alarm system and citations and penalties shall be assessed without waiver.
(d) The fee for an alarm registration or an alarm registration renewal shall be twenty dollars ($20.00).
(e) If an alarm user has multiple alarm systems at one location, an alarm user registration is required for each system. For the purposes of this division:
(1) The owner of an apartment complex or other residential rental property that has an existing alarm system shall be deemed to be the alarm user. Each unit shall be considered a separate address. The common areas of offices of the apartment complex will be considered one address.
(2) The tenant of an apartment or other residential rental property who installs, purchases, or rents an alarm system or initiates monitoring services shall be deemed to be the alarm user and must apply for an alarm user registration.
(f) Upon receipt of a completed alarm user registration application and the alarm registration fee, the alarm administrator shall register the applicant unless the applicant has:
(1) Failed to pay an assessment under section 7-475; or
(2) Had an alarm registration for the alarm site suspended or revoked and the violation causing the suspension or revocation has not been corrected.
(g) Each alarm user registration application must include the following information:
(1) The name, complete address (including apt/suite number), and telephone numbers of the person who will be the registration holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article;
(2) The classification of the alarm site as either residential (includes apartment, condominium, mobile home, or other multifamily dwelling) or commercial;
(3) For each alarm system located at the alarm site, the classification of the alarm system (i.e. burglary, holdup, duress, panic alarms or other) and for each classification whether such alarm is audible or silent;
(4) Mailing address, if different from the address of the alarm site;
(5) Any dangerous or special conditions present at the alarm site;
(6) Names and telephone numbers of at least two (2) individuals who are able and have agreed to receive notification of an alarm system activation at any time, respond to the alarm site within sixty (60) minutes when requested, and upon request can grant access to the alarm site and deactivate the alarm system if necessary;
(7) Type of business conducted at a commercial alarm site;
(8) Signed certification from the alarm user stating the following:
(A) The date of installation, conversion or takeover of the alarm system, whichever is applicable;
(B) The name, address, and telephone number of the alarm business or companies performing the alarm system installation, conversion or takeover and of the alarm business responsible for providing repair service to the alarm system;
(C) That a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, have been left with the applicant by the alarm business; and
(D) That the alarm business has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms.
(h) Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm registration shall be sufficient cause for refusal to issue a registration.
(i) An alarm registration may not be transferred to another person or alarm site. An alarm user shall inform the alarm administrator of any change that alters any of the information listed on the alarm registration application within five (5) business days of such change.
(j) All assessments and fees owned by an applicant must be paid before an alarm registration may be issued or renewed.
(k) Alarm systems that are operated by the city, county, state, or federal government and installed on premises that such entity occupies or uses for governmental purposes are not subject to this division. However, such entities shall apply for and obtain a registration for each alarm system it operates and the registration fee shall be waived. Any government entity having excessive alarms may be subject to the alarm user awareness class or suspension of response.
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
(a) It is found that two (2) or more false alarms within a three hundred sixty-five (365) day period is excessive and constitutes a public nuisance. A fee for false alarms within a three hundred sixty-five (365) day period shall be assessed as follows:
(1) If the alarm site has a properly registered alarm user:
(A) For the first false alarm, whether a burglary alarm or a panic, holdup, or duress alarm activation there shall be no assessment;
(B) For the second false alarm whether a burglary alarm or a panic, holdup, or duress alarm activation the assessment shall be one hundred dollars ($100.00) but is eligible to be waived under subsection (g) if the alarm user completes an alarm user awareness class within ninety (90) days of receipt of the invoice;
(C) For the third through seventh burglary false alarms the assessment shall be one hundred dollars ($100.00) except that for a panic, holdup, or duress false alarm the assessment shall be two hundred dollars ($200.00);
(D) For all subsequent false alarms after the seventh burglary false alarm, the assessment shall be two hundred dollars ($200.00) except that for a panic, holdup, or duress false alarm the assessment shall be three hundred dollars ($300.00) and police response may be suspended after the seventh false alarm regardless of alarm type.
(2) If the alarm site does not have a properly registered alarm user:
(A) The assessment for the first false alarm shall be the same as specified in paragraph (1)(b), but shall be waived if the person applies for and obtains an alarm user registration within ten (10) days of receipt of the invoice and completes an alarm user awareness class within ninety (90) days of receipt of the invoice.
(B) The assessment for the second through seventh burglary false alarms and panic, holdup, or duress false alarms shall be the same as specified in paragraph (1)(c); and
(C) For all subsequent false alarms after the seventh burglary false alarm and panic, holdup, or duress false alarm, the assessment shall be shall be the same as specified in paragraph (1)(d) and police response may be suspended after the seventh false alarm regardless of alarm type.
(b) Fees shall be paid within thirty (30) days from the date of the invoice.
(c) Operating an alarm without an alarm registration is subject to a one hundred dollar ($100.00) service fee, in addition to the assessments provided for in subsection (a) for each false alarm activation to partially recover the costs of the police response.
(d) Failure to pay any fee within ninety (90) days of its due date may result in the immediate suspension of the alarm registration and police response.
(e) An alarm user at an alarm site with ten (10) or more false alarms within a three hundred sixty-five (365) day period is guilty of a class 1 misdemeanor and shall discontinue operation of the alarm system. Failure to do so may result in the immediate suspension of the alarm registration and police response.
(f) The three hundred sixty-five (365) day period specified in section (a) shall begin upon submission of a completed registration application.
(g) The completion of the alarm user awareness class will result in the waiver of one hundred dollars ($100.00) in assessment fees and may be applied to any false alarm occurrence within the three hundred sixty-five (365) day period.
(h) If the alarm user presents a written agreement with their alarm business that the business must contact the user prior to notifying police and can produce evidence that a false alarm was the result of the business not contacting the user, the assessment shall be waived.
(Ord. No. 10967, § 5, 2-28-12, eff. 4-1-12)
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