The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them as follows:
A business which sells, leases, maintains, services, repairs,
alters, replaces, moves, installs or responds to any alarm system,
or which causes to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved, installed or responded to any alarm system.
Any mechanical or electrical device which is used to summon
police, fire, or emergency medical assistance, or to protect buildings
or premises, both residential and commercial, from criminal acts or
unauthorized entry by warning persons or agencies of a fire, medical
emergency, crime, or unauthorized entry through the emission of a
sound, or by the transmission of a signal or message.
Any person in control of premises who or which purchases,
leases, contracts for, or otherwise obtains an alarm system, or the
servicing or maintenance of an alarm system from an alarm business
which is responsible to cause the proper maintenance and operation
of the alarm system.
The individual designated in the application, as required
herein, who is responsible for responding to alarms and giving access
to the site and who is also responsible to cause the proper maintenance
and operation of the alarm system and payment of fees.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
(1991 Code, sec. 1.1901)
(a)
No
person shall operate or cause to be operated an alarm system within
the city without an alarm permit issued by the city secretary or her
representative. A separate permit is required for each alarm system.
(b)
A
permit is valid for a period of two (2) years from the date of issuance
and must be renewed by submitting an updated application and payment
of the fee required. It is the responsibility of the permit holder
to submit an application prior to the permit expiration date.
(1991 Code, sec. 1.1902)
(a)
Applications
for alarm permits shall be filed with the chief of police or his representative
on forms provided by the city.
(c)
Each
permit application must contain the following information:
(1)
Name, address and telephone number of the permit holder who will
be responsible for the proper maintenance and operation of the alarm
system and payment of fees assessed by this article;
(2)
Address, telephone number and location (if p.o. box number used)
of the alarm business office;
(3)
A description, by brand, serial number and general type of alarm
system in use stating the manner in which the alarm will be given
and, if the alarm is to be transmitted to a central office, the address
and telephone number of the central office;
(4)
The name and telephone number of contact persons who possess information
necessary to deactivate the alarm system in the event the permit holder
is unavailable;
(5)
Other reasonable information required by the chief of police, fire
chief or their representatives which is necessary for the administration
or enforcement of this article.
(Ordinance 11-490, sec. 3, adopted 9/6/11)
(a)
An
alarm permit cannot be transferred to another alarm system or to another
permit holder except by written authorization of the chief of police
or his representative. A permit holder shall inform the chief of police
or his representative of any change that alters any information listed
on the permit application within five (5) business days. No fee shall
be assessed for such a change.
(b)
A
permit holder shall cancel a permit for any alarm system which is
removed from an alarm site or which otherwise ceases to come under
the permit requirements of this article. Cancellation may be accomplished
by returning the permit to the chief of police or his representative.
(Ordinance 11-490, sec. 3, adopted 9/6/11)
(a)
The
chief of police or his representative may revoke or refuse to issue
an alarm permit if he determines that:
(1)
There is a false statement of material matter in the application
for permit;
(2)
The applicant has failed to make payment of the required application
fee;
(3)
The permit holder has failed to make payment of a service fee assessed
by this article within twenty (20) days of receiving notice to do
so;
(4)
The applicant or permit holder has violated any provision of this
article;
(5)
The alarm system directly or indirectly, either by malfunction or
accidental act of the alarm user, has caused more than nine (9) police
and/or fire responses to a false alarm within any twelve-month period;
(6)
An alarm permit for the same address has previously been revoked
and the violation causing the revocation has not been corrected.
(b)
An
alarm user commits an offense if he operates an alarm system during
the period in which his alarm permit is revoked or during any period
in which the alarm user does not have a valid alarm permit.
(Ordinance 11-490, sec. 3, adopted 9/6/11)
(a)
A
permit holder shall:
(1)
Maintain the premises containing an alarm system in a manner that
assures proper operation of the alarm system;
(2)
Maintain the alarm system in a manner that will minimize false alarm
notification;
(3)
Respond or cause a representative of the alarm business to respond,
within a reasonable period of time, to a malfunctioning alarm system,
for the purpose of deactivating or repairing the alarm system, for
providing access to the premises or for providing security for the
premises;
(4)
Refrain from manually activating an alarm without prior notification
to the police department for any reason other than the occurrence
of an event that the alarm system was intended to report;
(5)
Notify the police department prior to activating an alarm for maintenance
and/or test purposes.
(b)
A
permit holder shall not utilize any alarm system which causes an audible
signal to be emitted for more than fifteen (15) minutes after being
activated or which emits a subsequent alarm without being manually
reset.
(1991 Code, sec. 1.1906)
An alarm business or person who in engaged in the business of
relaying alarm notification to the city shall:
(1)
Prior
to installing any alarm system within the corporate limits of the
city register with the city and provide the police department with
proof that said alarm business has satisfied all licensing requirements
of the state;
(2)
Communicate
alarm notification to the city immediately and in a manner and form
determined by the chief of police, fire chief or their representatives;
and
(3)
Comply
with the requirements of this article and any rules and regulations
promulgated by the chief of police, fire chief or their representatives.
(Ordinance 11-490, sec. 3, adopted 9/6/11)
(a)
Except as otherwise provided in subsections (b), (c) and (d) below, the holder of an alarm permit shall pay a service fee provided for in the fee schedule in chapter 1, article 1.50 of this code for each false alarm notification emitted from any alarm system that is in excess of two (2) false alarms within any calendar month.
(b)
Grace period.
If the person notifies the chief of police
or his representative and applies for an alarm permit before a new
alarm system is put into service, no service fee will be assessed
during the first thirty (30) days after the system becomes operational,
and any alarm notification during that period will not be counted
in determining when a service fee is assessed.
(c)
If
the responding police officer determines that an alarm notification
was caused by unauthorized intrusion, attempted unauthorized intrusion,
robbery, attempted robbery, fire, medical emergency or an attempt
to take a person hostage, that notification will not be counted in
determining when a service fee will be charged.
(d)
An
alarm notification will not be counted in determining when a service
fee will be assessed if the permittee can prove that the alarm notification
was the result of a severe weather condition, such as a tornado, hurricane,
earthquake or other weather condition that causes physical damage
to the alarm site, or is the result of a malfunction in the telephone
lines for transmission of alarm signals, proof of the latter being
documented upon the telephone company work orders or time stamped
records from the alarm company showing the period of interrupted service.
A permit holder has ten (10) days to produce evidence for changing
the status of a use alarm to a true alarm.
(Ordinance 11-490, sec. 3, adopted 9/6/11)
(a)
If
the chief of police or his representative refuses to issue or renew
a permit, or revokes a permit, he shall send to the applicant or permit
holder by certified mail, return receipt requested, written notice
of his action and a statement of the right to an appeal.
(b)
The
applicant or permit holder may appeal the decision of the chief of
police or his representative to the city manager or his representative
by filing with the city manager or his representative a written request
for a hearing, setting forth the reasons for the appeal, within ten
(10 days after receipt of the notice from the chief of police or his
representative of the revocation or refusal to issue a permit.
(c)
The
filing of the request for an appeal hearing with the city manager
or his representative stays an action of the chief of police or his
representative in revoking a permit until the city manager or his
representative makes a final decision. If a request for an appeal
hearing in not made within the ten-day period, the action of the chief
of police or his representative is final.
(d)
The
city manager or his representative shall set a time and place for
the hearing, which shall be served upon the applicant or permit holder
by certified mail, return receipt requested. The city manager or his
representative shall serve as hearing officer at an appeal and consider
relevant evidence by any interested person.
(e)
The
formal rules of evidence do not apply to an appeal hearing. All parties
to the hearing shall have the right to present evidence and shall
have the right to cross-examine witnesses. The hearing officer shall
make his decision on the basis of a preponderance of the evidence
within fifteen (15) days after the hearing is held. The time for the
hearing of an appeal may be extended by an agreement of the parties
involved. The hearing officer may affirm, reverse or modify the action
of the chief of police or his representative. The decision of the
hearing officer is final as to administrative remedies within the
city.
(Ordinance 11-490, sec. 3, adopted 9/6/11)
(a)
A
person commits an offense if he violates by commission or omission
any provision of this article that imposes upon him a duty or responsibility.
(b)
A
person who violates a provision of this article is guilty of a separate
offense for each day or portion of a day during which the violation
is committed, continued or permitted, and each violation is punishable
by a fine of not less than fifty and no/100 dollars ($50.00) nor more
than five hundred and no/100 dollars ($500.00) upon first conviction
and not less than seventy-five and no/100 dollars ($75.00) nor more
than five hundred dollars ($500.00) upon second and subsequent convictions.
(1991 Code, sec. 1.1910)
A person who has an alarm system which lawfully existed before
the passage of this article (January 4, 1994) shall be required to
fully comply with all provisions of this article just as if the existing
alarm system were newly installed; however, such persons shall have
ninety (90) days from the passage of this article to comply with each
of the requirements herein.
(1991 Code, sec. 1.1911)
