[HISTORY: Adopted by the City Council of the City of Papillion 6-3-2003 by Ord. No. 1408. Amendments noted where applicable.]
Editor's Note: Ordinance No. 1408 adds new regulations concerning alarm systems. These regulations were adopted as §§ 109-2 through 109-2(h) as amendments to the Fire Prevention Chapter. Because of a duplication of an already existing section number, as well as the fact that the regulations concern more than just fire alarms, it was determined that these regulations should be included as a separate chapter. Resolution No. 1338, adopted 7-1-2003, provided for the redesignation of these regulations as a new Chapter 80, Alarm Systems, with the sections designated as§§ 80-1 through 80-9.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
- ALARM BUSINESS
- Any person who installs alarm systems, other than a principal, or who, pursuant to an agreement with a principal, communicates the presence of an emergency by an alarm system sound or signal to the City Public Safety Department Communications Center (PSDCC).
- ALARM SYSTEM
- Any device (other than a device installed upon premises occupied by the City) to detect, deter, prevent, sound, or otherwise signal an intrusion, other criminal activity, fire, rescue, or other emergency situation (collectively "emergency") which, when activated, employs the use of:
- AUDIBLE ANNUNCIATOR
- That part of an alarm system which, when activated, sounds or signals an emergency by means of a bell, siren, buzzer or similar sound-producing device which is audible at a distance of 50 feet from the protected premises.
- The Papillion City Administrator or the individual or department designated by the City Administrator to perform such duties as are imposed by this chapter.
- FALSE ALARM
- Any sound or signal from an alarm system resulting in a response by the Police, Fire and/or Rescue Department when an emergency does not exist.
- The person, firm, partnership, association, corporation, company, or organization whose premises are or will be protected by an alarm system. If the premises are leased, the principal shall be the person in possession or control of the protected premises, unless more than one tenant is served by a single alarm system, in which event, "principal" shall mean the owner of the protected premises.
- PROTECTED PREMISES
- The area to be covered by an alarm system.
It shall be unlawful for any person to install, use, or maintain an alarm system in violation of any of the requirements of this chapter, and any person doing so shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50 nor more than $500. Such fines shall be in addition to any other cost that is imposed by the requirements of this chapter, including, but not limited to, any required cost of application for an alarm system and/or cost of reimbursement to the City for a false alarm.
From and after the effective date of this chapter, any alarm system installed on protected premises shall be registered with the coordinator as set forth below.
Existing alarm systems. No person shall use or operate any alarm system on protected premises located within the corporate boundaries of the City without a current valid alarm system registration therefor. Notwithstanding the foregoing, with respect to any property which has been or may be in the future annexed by the City, persons have a period of 90 days from the effective date of such annexation to comply with the requirements of this chapter.
New alarm systems. Any alarm business that installs an alarm system on protected premises located within the corporate boundaries of the City shall have 10 days from the date of installation to register the alarm system as required by this article. Renewals of alarm system registrations shall be made by the principal in accordance with section § 80-4. Failure of an alarm business to register a new alarm system within 10 business days of installation shall result in a $100 fee.
Existing alarm systems. Within 30 days of being notified, alarm businesses shall provide the coordinator the necessary information to enable the coordinator to notify the principals by United States mail about this chapter and the need to register their existing alarm systems. Failure of an alarm business to disclose existing alarm system information within 30 days of notification will result in a $100 fee per each existing alarm system omitted.
Each application for an alarm system and/or renewal shall be made by the alarm business or principal, as applicable, on a form prescribed by the coordinator. At a minimum, the forms prescribed by the coordinator for alarm system registration or renewal shall contain the following information:
The name, address and telephone number of the principal.
The type of premises (e.g., home, office, variety store, etc.) and the name of any business operating in the protected premises by which the protected premises is known.
The address of the protected premises. If the protected premises is in a residential, commercial or industrial complex (e.g., office building, apartment house, shopping center, etc.), the address shall include the name, if any, by which the complex is commonly known.
The names, addresses and telephone numbers, including home phone numbers, of at least three natural persons and, if applicable, an alarm business who have access to the protected premises and who may be notified in the event the alarm system is activated.
Certification by the principal that the principal's immediate family, tenants or employees (as appropriate under the circumstances) who have access to the protected premises have been given training which includes procedures and practices to avoid false alarms and steps to follow in the event the alarm system is accidentally activated.
The principal shall remit, together with an alarm system initial registration and/or annual renewal application, a registration fee to the coordinator, which shall accompany the registration and/or renewal applications. The initial registration and renewal fees shall be established by resolution of the City Council. A late charge as established by resolution shall be assessed against any alarm business or principal that fails to pay the initial registration or renewal fee in a timely manner. The coordinator shall not be obligated to accept any alarm system registration application, or any renewal thereof, if the principal has failed to pay any registration fees, any corresponding late charges or any false alarm charges imposed on such principal as provided in this chapter.
[Amended 7-6-2004 by Ord. No. 1445]
Upon receipt of a registration or renewal application from an alarm business or principal, as applicable, the coordinator shall register such alarm system installed on the protected premises. The coordinator shall register the alarm system by issuing to the principal a registration form bearing the name of the principal, the address of the protected premises, and an identification number; and setting forth the expiration date of the registration. The registration of any alarm system shall not obligate the City or the PSDCC to respond or accord any priority to any emergency.
The term of any registration shall automatically expire upon the earlier of 12 calendar months from the date of issuance or whenever there is a change of the principal.
Within 10 days following any change of the circumstances contained in the registration on file, the principal shall supplant or amend all information which was provided to the coordinator at the time of registration. No additional fee shall be due unless the change has terminated the registration as provided in § 80-4.
The principal shall, at all times, be responsible for the proper maintenance and repair of the alarm system, including the repair or replacement of any component or design feature.
Each alarm system shall be maintained so that each audible annunciator will automatically silence within 15 minutes after being activated and will not be reactivated unless a new emergency occurs.
An alarm system incorporating an audible annunciator shall not be tested between the hours of 8:00 p.m. of any day and 7:00 a.m. of the following day.
Any alarm business communicating the presence of an emergency to the PSDCC shall provide the following information:
The name of the principal, the address of the protected premises, the type of premises (home, office, etc.) and the business name, if any, by which the premises are known. Such information shall be repeated a second time at the end of the message.
The name and telephone number of the principal, business, or its agent having ready access to the protected premises.
The apparent nature or type of an emergency indicated, e.g., burglary in progress, robbery, fire, rescue or other emergency.
The principal shall pay a fee to the City for such false alarm within 30 days of invoice in accordance with the following schedule:
For purposes of this section, a "year" is defined as the start of a principal's annual registration. For purposes of the above fee schedule, a false alarm shall not be included if an activation of the alarm system was, as determined by the coordinator, caused by extraordinary circumstances not reasonably subject to control by the principal or the principal's immediate family, tenants, or employees (as may be appropriate under the circumstances). There is a presumption that a false alarm was reasonably subject to control by the principal.
In addition to the false alarm fees provided in this section, the coordinator may revoke the registration of any alarm system having over 15 false alarms within one year or whenever a false alarm fee becomes delinquent. Written notice of the revocation or registration shall be mailed to the principal. The principal shall cause the alarm system to be removed from the protected premises within 15 days thereafter, unless the principal has appealed such revocation in accordance with Subsection D of this section.
Any principal who has been assessed a false alarm fee may, within 10 days of mailing the invoice assessing such charge, in writing, request the coordinator to review the assessment. Such request shall mean that the false alarm fee shall not be due until 10 days following a response by the coordinator. The principal may communicate factual information to support the assertion that the false alarm should not be assessed. The burden of proving that an alarm was not a false alarm shall be on the principal. The coordinator shall make a determination in writing within 10 days of such a request.
Any principal may appeal the coordinator's decision to:
Notice or billing from the City to any alarm system registration holder shall be deemed to have been given or rendered on the date such notice or billing is deposited in the United States mail, first class postage prepaid, addressed to the registration holder at the address shown in the City's registration records. A certificate signed by the person who mailed the notice or billing shall be prima facie evidence of the facts stated thereon with respect to such notice or billing.
Notice to the City or payment under this article shall be effective when received at the appropriate City office or designee.