(A) This
chapter, as amended from time to time may be cited as the “County
Alarm Code.”
(B) It is
hereinafter referred to as the “alarm code” or “this
chapter.”
(Ordinance 1995-03 adopted 6/13/95)
(A) The
purpose of the alarm code is:
(1) To
regulate the activity and responsibility of persons who:
(a) Install or use alarm devices or alarm systems;
(b) Engage in the business of selling, leasing, servicing or maintaining
alarm devices or alarm systems; or
(c) Engage in the business of providing services to alarm devices or
alarm systems such as telephone alarm relay services, telephone answering
service, fire, burglar or protective services incidental to or in
response to a device or alarm system which affects the public.
(2) To
set standards for alarm devices and alarm systems;
(3) To
encourage improvement in the reliability of alarm devices and alarm
systems; and
(4) To
eliminate undue burdens on public facilities and assure that law enforcement,
fire and other personnel are not unduly diverted from normal activities
in response to false alarms.
(B) This
alarm code shall not regulate any private alarm device or alarm system
which will not be seen or heard or which will not be communicated
or transmitted to the sheriff’s department, fire department
or the general public.
(Ordinance 1995-03 adopted 6/13/95)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Alarm system.
(1)
Any mechanical or electrical device which is designed primarily
for the detection of an unauthorized entry into a building, structure
or facility or for alerting others of a medical emergency situation
or of the commission of a robbery within a building, structure or
both and which emits a sound or transmits a signal or message when
activated, which causes notification to be made directly or indirectly
to the sheriff’s department.
(2)
The representation in the ordinary course of business by a person
selling or leasing a device that the device is sold or leased for
the purpose of detection shall create a presumption that the device
is an alarm system.
(3)
For the purposes of this definition, an alarm system shall not
include:
(a)
A device installed on a motor vehicle; or
(b)
Devices which are not designed or used to register alarms that
are audible, visible or perceptible outside of the protected building,
structure or facility or devices installed in buildings, structures
or facilities controlled by the state or any of its agencies, institutions
or political subdivisions.
Alarm system business.
The business of any individual, partnership, corporation
or other entity engaged in selling, leasing, maintaining, servicing,
repairing, altering, replacing, monitoring or installing any alarm
system or in causing any alarm system to be sold, leased, maintained,
serviced, repaired, altered, replaced, monitored or installed in or
on any building, structure or facility.
Alarm user.
Any person in control of any building, structure or facility
or portion thereof wherein an alarm system is maintained.
Alarm user permit.
A permit issued by the county allowing the operation of an
alarm system within the county, but excluding those areas that are
within the City of Santa Fe.
Answering service.
Any telephone answering service providing, among its services,
the service of receiving, on a continuous basis, through employees,
emergency signals from alarm systems and thereafter immediately relaying
the message, by live voice, to the county sheriff’s department.
Automatic dialing device.
Any alarm system which automatically sends over regular telephone
lines, by direct connection or otherwise, a pre-recorded voice message
or coded signal indicating the existence of the emergency situation
that the alarm system is designed to detect.
Central station.
The part of an alarm business which intercepts signals indicating
the activation of an alarm device and which relays this information,
by live voice, to the sheriff’s department. A central station
is not an answering service.
Direct line.
A telephone line leading directly from a central station
to the communication center of the sheriff’s department that
is for use only to report emergency signals on a person-to-person
basis.
False alarm.
The activation of any alarm system which was not the result
of an emergency of the kind for which the alarm system was designed
to give notice.
Fire department.
The county fire marshal or his or her representative or any
authorized agent thereof.
Hearing officer.
The manager of the county or a person designated by the manager
to act as an impartial arbitrator at hearings related to the enforcement
of this chapter.
Interconnect.
To connect an alarm system to a voicegrade telephone line,
either directly or through a mechanical device that utilizes standard
telephone, for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
Local alarm system.
Any signaling system which, when activated, causes an audible
and/or visual signaling device to be activated in or on the premises
within which the system is installed.
Manager.
The county manager or his or her designated representative.
Person.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Primary trunkline.
A telephone line leading directly into the communications
center of the sheriff’s department that is for the purpose of
handling emergency calls on a person-to-person basis, and which is
identified as such by a specific number included among the emergency
numbers listed in the telephone directory issued by the telephone
company and covering the service area within the sheriff’s department’s
jurisdiction. The “911” emergency number is a primary
trunkline.
Sheriff.
The county sheriff or his or her designated representative.
Sheriff’s department.
The publicly supported sheriff’s department of the
county or any authorized agent thereof.
(Ordinance 1995-03 adopted 6/13/95)
(A)
(1) It
shall be a violation of this chapter for any person to operate an
alarm system without a valid alarm user permit.
(2) No
person shall operate or permit the operation of an alarm system which
was installed on the person’s property prior to the effective
date of this chapter unless a permit for the alarm system is obtained
within 90 days or the effective date of this chapter. To obtain such
a permit, the person in control of the property shall file an application
with the county sheriff’s department.
(3) Within
30 days of the installation of an alarm system after the effective
date of this chapter, the person in control of the property on which
the alarm system is installed shall obtain an alarm user permit by
filing an application therefor, pursuant to subsection (B) below.
(B)
(1) Application
for an alarm user permit for the operation of an alarm system shall
be made by the person having control over the premises on which the
alarm system has been or is to be installed and operated. The application
shall be in writing to the county sheriff’s department on a
form designated by the county for that purpose.
(2) On
the application, the applicant shall set forth:
(a) The name, address and telephone number of each person in control
of the property or premises;
(b) The street address of the premises on which the alarm system is to
be installed and operated and if there is no street address for the
property or premises, a reasonable description of the property referencing
the nearest county road;
(c) Any business name used for the premises on which the alarm system
is to be installed and operated;
(d) The type of alarm system or systems and the purpose for which they
are designed;
(e) The name and telephone numbers of two people who are able and who,
if contacted at any time, will come to the alarm site within 45 minutes
after receiving a request from a member of the sheriff’s department
to do so and grant access to the alarm site and to deactivate the
alarm system if it becomes necessary; and
(f) The names of the company servicing the alarm, if any.
(3) The
county sheriff’s department shall issue a permit to the person
in control of the property upon submission of an application therefor
in accordance with this section unless the sheriff’s department
finds that a statement made in the application was incomplete or false.
(4) The
sheriff’s department shall treat all information on the application
as confidential information; provided, however, nothing in this chapter
shall prohibit the use of the information for legitimate law enforcement
purposes and for enforcement of this chapter.
(5) Whenever
a person listed on the application or listed on an amendment to the
application is unable or unwilling to perform the duties set out in
subsection (B)(2)(e) above, the permit holder shall file an amendment
to the permit application listing a person who is able and willing
to perform those duties so that, at all times, the application on
file with the sheriff’s department designates at least two persons
who are able and willing to perform the duties.
(Ordinance 1995-03 adopted 6/13/95)
A one-time, nonrefundable fee of $25.00 is required for each
permit.
(Ordinance 1995-03 adopted 6/13/95)
(A)
(1) Any
person whose business it is to repair, install or cause to be installed
an alarm system must possess a valid license issued by the construction
industries division of the regulation and licensing department of
the state.
(2) The
license must be presented to the sheriff’s department, the county
manager or his or her designated representative, upon request.
(B) Whenever
an alarm company agrees with any person to maintain or service any
alarm system, the business shall:
(1) Ensure
that personnel of the business who are able to render effective assistance,
arrive at the alarm site within 72 hours of a request by a member
of the sheriff’s department or fire department for assistance
if the alarm company has agreed with any person; or
(2) Keep
a written record of the date and time of repair and a description
of the specific repair which was performed on any alarm system when
the repair was made in response to notification by the person in control
of the property or a member of the sheriff’s department or fire
department that the alarm system was in need of repair. The written
records shall be maintained for at least 12 months and shall be made
available for inspection and duplication upon request by the county
manager, his or her designee, a member of the county sheriff’s
department or a member of the county fire department at the office
of the alarm company during regular business hours.
(C) Any
alarm company which operates a central station and any telephone answering
service shall:
(1) Have
sufficient personnel trained in the procedures to be followed in receiving
and relaying notice of the activation of any alarm on duty at all
times to ensure that emergency messages or alarm signals received
by the business can be relayed immediately to the sheriff’s
department or to the fire department;
(2) Notify
the person in control of the property or his or her designee of the
activation of the alarm system within 24 hours of the time the alarm
was activated by telephone or by placing the notice in the mail addressed
to the person in control of the property (in the case of a local alarm
where the alarm company was not notified of the activation, the alarm
company shall be exempt from the requirements of this subsection (C)(2));
(3) Submit
the name, address and telephone number of the central station providing
monitoring services, if other than a licensed alarm company; and
(4) Provide,
upon request of the manager, sheriff or his or her designated representative,
a listing of all subscribers.
(D)
(1) All
alarm company personnel responding to alarms, repairing or installing
alarm systems shall have an identification card on their outer garments,
which designates the alarm company the person represents. Sales and
administrative personnel shall also carry identification.
(2) This
identification card shall be issued by the sheriff’s department
or fire department after an application has been made on the form
designated by the sheriff’s department or fire department and
after a background investigation has been conducted on that individual.
(3) In
the event that the alarm company personnel possesses a valid and current
City of Santa Fe alarm identification card, the sheriff’s department
will recognize the identification and not require an additional county
identification card.
(4) No
identification card shall be issued:
(a) If the applicant has been convicted of a felony; and/or
(b) If the application contains any false statements made willingly and/or
knowingly.
(E)
(1) All
alarm companies shall keep a written record of the date and time each
notification of the activation of an alarm system is received and
the date, time and method by which the person in control of the property
or his or her designated employee was notified.
(2) The
records shall be retained for at least 12 months and shall be made
available for inspection and duplication upon request by the manager
or a member of the sheriff’s department, fire department or
any other designated emergency responding agency at the office of
the alarm company or telephone answering service during regular business
hours.
(Ordinance 1995-03 adopted 6/13/95)
(A) No automatic
dialing device shall be interconnected to a primary trunkline after
the effective date of this chapter. Within 90 days after the effective
date of this chapter, all automatic dialing devices interconnected
to a primary trunkline shall be disconnected. The owner or lessee
of the device shall be responsible for having the device disconnected
within the 90-day time period.
(B)
(1) Any
person leasing an automatic dialing device may have the device interconnected
to a telephone line transmitting directly to:
(b) A telephone answering system.
(2) The
relaying of messages by intermediate service to the sheriff’s
department shall be over a primary trunkline, except that central
stations may relay messages over a direct line, by live voice.
(3) Automatic
dialing devices may also be interconnected to one or more telephone
numbers available to the owner or lessee of the devices or their designated
representatives at another location.
(4) No
automatic dialing device shall be interconnected to other sheriff’s
department offices or trunklines, other county offices or to telephone
company operators.
(5) The
devices, within 90 days after the effective date hereof, shall be
disconnected by the owner or lessee.
(6) Upon
receiving an automatic recorded message over a police telephone line,
the sheriff’s department will notify, in writing, the party
concerned of the violation of this chapter. The sending of any subsequent
automatic recorded messages will be a violation of this chapter and
subject the person doing so to the penalties specified in this chapter.
(Ordinance 1995-03 adopted 6/13/95 Penalty, see section 91.99)
(A) No person
shall intentionally activate an alarm system for any purpose other
than an emergency or threat of emergency of the kind for which the
alarm system was designed to give notice.
(B) It shall
be an affirmative defense to prosecution under this section, however,
that the alarm system was sounded solely for the purpose of testing
the alarm and the person who tested the alarm took reasonable precautions
to avoid any request being made to the sheriff’s department
to respond to the alarm.
(Ordinance 1995-03 adopted 6/13/95 Penalty, see section 91.99)
(A) The
sheriff’s department will respond to proper notification of
activation of an alarm system without charge, except that the following
fees shall be charged the permit holder for each response by the county
to notification or activation of an alarm system in excess of five
alarms of the alarm system within a 12-month period.
(1) Twenty-five
dollars for each response to notification of activation of an alarm
system in excess of five alarms, but not more than ten alarms within
a 12-month period; or
(2) Forty
dollars for each response to notification of activation of an alarm
system in excess of ten alarms within a 12-month period.
(B)
(1) No
notification, however, of the activation of an alarm system shall
be considered in determining the fees set out above, nor shall any
fee be charged if the permit holder shows that the activation was
not a false alarm and any response by the county to notification of
activation of an alarm system will not be included in determining
the fees set out above if the permit holder shows that the activation
was not a false alarm.
(2) For
purposes of determining the fees set out above, the burden shall be
on the permit holder to prove that the activation of the alarm system
was not a false alarm.
(C)
(1) The
permit holder shall be given written notice of any fees chargeable
under this section.
(2) The fees shall be paid to the sheriff’s department within 30 calendar day of the date of the notice of fees due unless the permit holder requests a hearing pursuant to section
91.11, in which event, the payment of the fees shall be suspended pending the decision of the hearing officer.
(Ordinance 1995-03 adopted 6/13/95)
(A) If the
manager has probable cause to believe that a permit holder has:
(1) Violated
any provision of this chapter; or
(2)
(a) Made fraudulent misrepresentations or false statements in the application
for an alarm user permit, the manager shall give the permit holder
written notice by certified/registered mail of a hearing to be held
within 30 calendar days before a hearing officer to determine whether
or not the permit should be suspended and/or revoked.
(b) This notice must contain a statement of the facts upon which the
manager has acted.
(B) Any
alarm user permit may be suspended and/or revoked if the permit holder
has been found, following notice and hearing, to have violated any
provision of this chapter or to have made any fraudulent misrepresentations
or false statements in the application for an alarm user permit.
(C) Any
person whose alarm user permit has been revoked shall not be permitted
to apply for another alarm user permit for one year after the filing
of a written statement by the hearing officer revoking the permit
unless the hearing officer deems that proper corrective measures have
been taken.
(Ordinance 1995-03 adopted 6/13/95)
(A) Upon receipt of a notice of fees due, as set forth in section
91.09, the alarm user may request a hearing before the hearing officer to show cause why the alarm user should not be charged the fees specified in the notice. The requests must be filled in writing within 30 days of the notice of fees due. The alarm user shall be given written notice by certified/registered mail of the hearing at least ten calendar days before the hearing.
(B)
(1) An applicant may request a hearing before the hearing officer to show cause why the applicant should be issued an alarm user permit pursuant to section
91.04 or an identification card pursuant to section
91.06.
(2) The
requests must be filed, in writing, with the sheriff within 30 calendar
days of the notice to the applicant that the alarm user permit or
identification card will not be issued. The applicant shall be given
written notice by certified/registered mail of the hearing at least
ten calendar days before the hearing.
(C) All
hearings shall be open to the public and shall be held only after
notice is given to the applicant, permit holder or alarm user, as
provided herein. Notice of the hearing shall be posted in the lobby
of the county courthouse at least 72 hours prior to the time of the
hearing.
(D)
(1) The
hearing shall be conducted by the hearing officer.
(2) Formal
rules of evidence shall not apply to the conduct of the hearing.
(3) Cross-questioning
is neither prohibited nor encouraged. The hearing officer has full
discretion whether to allow it.
(4) The
hearing officer may hear testimony from any expert witness.
(5) After
calling the meeting to order, the hearing officer shall outline the
procedure to be followed in the conduct of the hearing.
(6) The
hearing may be recessed or adjourned to another time and/or place
upon the discretion of the hearing officer.
(E) The
decision of the hearing officer is the final step in the administrative
procedures and is conclusive upon the applicant, permit holder or
alarm user. Once an applicant, permit holder or alarm user receives
the decision of the hearing officer, they shall be considered to have
exhausted all administrative remedies available under this chapter.
(Ordinance 1995-03 adopted 6/13/95)
The manager shall adopt rules and regulations as necessary for
the safe and equitable administration of this chapter. The issuance
of an alarm user permit does not constitute a waiver of any requirement
or provision contained in any ordinance of the county, contained in
any law or regulation of the state or contained within federal law.
(Ordinance 1995-03 adopted 6/13/95)
Every person convicted of a violation of any provision of this
chapter shall be guilty of a misdemeanor and shall be punished by
a fine of not more than $300.00 or by imprisonment for not more than
90 days, or both by the fine and imprisonment. Every day the violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
(Ordinance 1995-03 adopted 6/13/95)