CHAPTER 116: ALARM SYSTEMS
Section
   116.01   Definitions
   116.02   Alarm user permits required
   116.03   Prohibited alarm systems
   116.04   False alarms; permit revocation
   116.05   Allocation of revenue
§ 116.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALARM SYSTEM BUSINESS. Any person, firm, association or corporation which installs, services or responds to electrical, electronic or mechanical alarms, signal devices, burglar alarms, television cameras or still cameras used to detect burglary, breaking and entering or intrusion, shoplifting, pilferage, theft, fire or any emergency situation, for a fee or other valuable consideration. Provided, however, it shall not include a business which merely sells or manufactures alarm systems unless business services, installs or responds to alarm systems at the protected premises. Provided further, this definition does not include a person, firm, association or corporation which owns and installs an alarm system on property owned or leased by itself. Provided further this definition of ALARM SYSTEM BUSINESSES shall not include the installation or servicing of local alarm systems.
   ALARM SYSTEMS. Any mechanism, equipment or device which is designed to operate automatically to transmit to the Police Department or Fire Communications or other receiving station, or communications center a signal, message or warning of an occurrence requiring urgent attention and to which emergency personnel are expected to respond. This definition shall not include local ALARM SYSTEMS.
   ALARM USER. Any person, firm, association or corporation of any kind in control of any building, structure or facility wherein an alarm system is installed, operated and maintained.
   FALSE ALARM. Activation of an alarm system eliciting a response by emergency personnel when a situation requiring a due response does not in fact exist. This includes accidental, avoidable and unnecessary alarm activation due to user error, equipment malfunction/or improper or unsuited equipment, but does not include alarm activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user or alarm system business.
   FALSE ALARM DAY. Any 24-hour period that begins with the occurrence of a false alarm.
   LOCAL ALARM SYSTEM. A signaling system which when activated, causes an audible and/or visual signaling device to be activated only in or on the premises wherein the system is installed, operated and maintained.
   SPECIAL TRUNKLINES. A telephone line leading into the Town of Wilkesboro Police or Fire Department or other communications center having the primary purpose of receiving alarm signals or messages.
   TOWN COUNCIL. The Board of Commissioners of the Town of Wilkesboro.
(Ord. passed 2-3-1992)
§ 116.02 ALARM USER PERMITS REQUIRED.
   (A)   Within 60 days after the effective date of this chapter every alarm user shall obtain an alarm user permit for each alarm system he or she operates within the Town of Wilkesboro from the office of the Chief of Police or Fire Chief. This does not require that a licensed alarm system business obtain a permit under this section when it leases or provides services to alarm system users. If a licensed alarm business does, however, use an alarm system to protect its own premises, it shall obtain a permit for systems as required in this section. Local alarm system users are not required to obtain user permits required under this section.
   (B)   (1)   The alarm user applying for the permit required in division (A) of this section shall state on the permit application form: his or her name, the address of the residence or business in or upon which the alarm system has been or will be installed, his or her telephone number, the type of alarm system, the alarm system business selling, monitoring, inspecting, responding to and/or maintaining the alarm system and the name, address and telephone number of at least 2 other persons who can be reached at any time, day or night, and who are authorized by the alarm user to respond to and open the premises in which the system is installed.
      (2)   At the time any information required as provided in division (B)(1) of this section is revised, modified, updated or in any manner changed, the alarm user shall make changes known by applying for a renewal application obtained and completed in the manner as provided in divisions (A) and (B)(1) of this section.
      (3)   A $10 fee shall be charged for each initial permit application approved by the Chief of Police or Fire Chief or his or her designee. No charge shall be levied for any subsequent renewal application unless renewal is the result of a permit revoked from an alarm user as provided in § 116.04 of this chapter. A renewal fee of $25 shall be charged for any renewal of a revoked users permit.
   (4)   The information contained in alarm user permit applications required by the section shall be securely maintained and restricted to inspection only by the Chief of Police or Fire Chief or his or her delegate assigned the responsibility for handling and processing alarm user permits in the course of official duties.
   (C)   The Chief of Police or Fire Chief or his or her designees shall approve alarm user permit applications if he or she finds that:
      (1)   The alarm system will not interfere with the orderly conduct of the Town of Wilkesboro business;
      (2)   The installer of the alarm system maintains a service organization capable of making necessary repairs within a reasonable period of time after notice of equipment malfunctions; and
      (3)   The installer of the alarm system is licensed by the State of North Carolina under G.S. Chapter 74C and subsequent revisions, rules and regulations adopted thereto.
   (D)   Each permit shall be physically placed upon the premises wherein the alarm system is installed and shall be available for inspection by the Chief of Police or Fire Chief or his or her delegate during normal business hours;
   (E)   Any alarm system user who operates an alarm system without a permit as required by this section shall be guilty of a misdemeanor as provided in G.S. § 14-4.
(Ord. passed 2-3-1992) Penalty, see § 10.99
§ 116.03 PROHIBITED ALARM SYSTEMS.
   (A)   It is unlawful for any alarm user to install, operate or maintain an alarm system that transmits to the Police Department a signal, message or warning of an occurrence requiring urgent attention and to which police or fire are expected to respond with the exceptions of alarm system user required by federal, state, county or Town of Wilkesboro, ordinance, regulation or rule to install, maintain and operate an alarm system: an alarm system user which is a federal, state, county or Town of Wilkesboro government agency or organization; and an alarm system business whose purpose is to relay to the Police Department notification of activation of an alarm system for which a current permit has been issued by the Chief of Police; provided that signals, messages or warnings are received by the Police Department Communications Center via a special trunkline designated for that purpose or a direct connection alarm system approved by the Police Chief or Fire Chief.
   (B)   The recording of 2 or more responses to an alarm system during any False Alarm Day shall incur upon the alarm user a response fee of $100 per response for all false alarms recorded during the False Alarm Day.
(Ord. passed 2-3-1992) Penalty, see § 10.99
§ 116.04 FALSE ALARMS; PERMIT REVOCATION.
   (A)   More than 4 false alarm days in a 4-month period from any alarm system for which a user permit has been obtained shall constitute grounds for revocation of permit.
   (B)   If the Wilkesboro Police Department Fire Department or Communications Center records 4 or more false alarm days within a 4-month period:
      (1)   The Chief of Police or Fire Chief shall notify the alarm user and the alarm system business providing service to the user by certified mail of the fact and direct that the user submit a report to the Chief of Police or Fire Chief within 10 days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms.
      (2)   If the alarm user submits a report as directed, the Chief of Police or Fire Chief shall determine if the actions taken or to be taken will prevent the occurrence of false alarms. If he or she determines that the action will prevent the occurrence of false alarms, he or she shall notify the alarm user and the relevant alarm system business in writing that the permit will not be revoked at that time, and, that if 2 more false alarm days occur within the next 4-month period, the permit may be revoked as herein provided.
      (3)   If no report is submitted or if the Chief of Police or Fire Chief determines that the actions taken or to be taken will not prevent the occurrence of false alarms, or if 2 or more false alarm days are recorded by police as provided in division (B)(2) above, the Chief of Police shall give notice by certified mail to the user that the permit will be revoked without further notice on the tenth day after the date of this notice if the user does not file within that period a written request for a hearing delivered by certified mail to the Chief of Police.
      (4)   If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Chief of Police by certified mail at least 10 days prior to the date set for the hearing, which date shall not be more than 21 nor less than 10 days after filing of the request for hearing.
      (5)   The hearing shall be before the Town Manager. The alarm user shall have the right to present written and oral evidence. If the Town Manager determines that 4 or more false alarms have occurred in a 4-month period, and that the user has not taken actions which will prevent the occurrence of false alarms, and that 2 or more have occurred in a 4-month period, and that the user has not taken actions which will prevent the occurrence of false alarms, or that 2 or more have occurred as provided in division (B)(2) above, the Town Manager shall order revocation of the user’s permit.
      (6)   An alarm system business shall immediately discontinue the relay of alarm signals to the police or fire communications upon being notified by certified mail of the revocation of a permit pursuant to division (B)(3) or (B)(5) above.
      (7)   An alarm user whose permit has been revoked may apply for a revoked user’s permit as provided in § 116.02. The Chief of Police shall not be required to issue a revoked user’s permit, unless he or she is satisfied that the user’s system has been properly serviced and its deficiencies corrected. The Chief of Police may impose reasonable restrictions and conditions upon the user before issuing a revoked user’s permit.
   (C)   An alarm user as identified in § 116.03 as an alarm user required by federal, state, county or Town of Wilkesboro statute, ordinance, regulation or rule to install, maintain and operate an alarm system shall not be subject to permit revocation as provided under this section, but the holder of the permit shall pay a fee of $50 in lieu thereof.
   (D)   An alarm user as identified in § 116.03 as an alarm user which is a federal, state, county or Town of Wilkesboro government agency shall not be subject to revocation or payment of fees as provided herein.
(Ord. passed 2-3-1992)
§ 116.05 ALLOCATION OF REVENUE.
   All fees collected pursuant to this chapter shall be general fund revenue of the Town of Wilkesboro.
(Ord. passed 2-3-1992)