For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Alarm-actuating device.
A device that is designed to respond either manually or automatically to smoke, fire, or activation of a fire-extinguishing system.
Alarm site.
A single location or premises served by an alarm system or that is under the control of one person.
Alarm system.
A device or system which transmits a signal which summons an emergency service of the city. “Alarm system” does not include:
(1) 
An alarm designed to alert only the inhabitants of the premises and the alarm system does not omit a signal that is audible or visible outside the premises that it is installed upon; nor
(2) 
An alarm installed upon the premises occupied by the city.
Alarm systems company.
Any person or company that sells, installs, services, monitors, or responds to fire alarm signal devices or any other electrical, mechanical, or electronic device used (i) to prevent or detect fire, or (ii) primarily to detect and summon aid for fire emergencies, and includes persons relaying alarm notifications.
Alarm user.
The person, firm, partnership, association, corporation, company or organization of any kind which owns, controls or occupies any building, structure, facility or vehicle used for habitation wherein an alarm system is maintained.
Automatic dialing device.
An alarm system device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.
Business owner.
The business owner of a retail establishment or commercial establishment or manager on duty.
False alarm.
(1) 
The activation of an alarm system which elicits a response from the fire department, when the situation requiring such a response does not in fact exist. False alarms include, but are not limited to:
(A) 
Error or mistake: Any action by any person, firm or corporation, association, or other entity or agency thereof owning or operating any dwelling, building, or place, which results in the activation of any alarm system when no emergency exists;
(B) 
Malfunction: Any activation of any alarm system caused by a flaw in the normal operation, design, installation, or maintenance of the system, by faulty equipment, or by a change in the environment or premises upon or within which the alarm system is operating;
(C) 
Intentional misuse: Any activation of an alarm system when one knows, has reason to know, or should have known no fire or other emergency is in progress; and
(D) 
Testing: Failure to notify the alarm monitoring service of testing. Any alarm transmitted to the fire department while an alarm is being tested by personnel without notifying the alarm service of test status.
(2) 
An alarm will not be considered to be a false fire alarm if determined by the officer in charge that the fire alarm was caused by:
(A) 
A natural or man-made catastrophe or an act of God. Such events include but are not limited to tornadoes, floods, lightning (causing physical damage to the protected premises), or similarly violent conditions or adverse weather conditions;
(B) 
Activation by other extraordinary circumstances not reasonably subject to control by the alarm user; or
(C) 
An alarm caused by a resident of the premises or other person who has pulled an alarm lever that does not understand the consequences of their actions (i.e., small child, elderly person).
False fire alarm notification.
A fire alarm notification to the fire department, when the responding fire department personnel find no evidence of smoke or fire having occurred.
Fire alarm notification.
A notification intended to summon firefighting forces, which is indicated or triggered manually or automatically by an alarm system designed to react to any of the visual or physical characteristics of fire.
Fire chief.
The fire chief or designee.
Fire marshal.
The fire marshal or designee.
Local alarm.
An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure.
Occupant.
The person responsible for having the alarm system installed or activated.
Permit holder.
The person designated in the permit application who is responsible for responding to alarms and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and payment of fees and fines assessed under this article.
Permit reinstatement fee.
A fee to be paid prior to having an alarm permit reinstated. The fee shall be established by the city council.
Person.
An individual, corporation, partnership, association, organization, or similar entity.
(1995 Code, sec. 90.01, Ordinance 4037 adopted 2/5/2008; Ordinance adopting Code)
(a) 
Any person violating any provision of this article for which no specific penalty is prescribed shall be subject to section 1.01.009.
(b) 
Any person, firm or corporation that violates any of the provisions or terms of this article shall be subject to penalty and upon conviction shall be punished by a fine not to exceed $2,000.00.
(c) 
An offense committed before the effective date of the ordinance codified herein is governed by prior law and the Code of Ordinances of the city, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose.
(1995 Code, sec. 90.99; Ordinance 4037 adopted 2/5/2008)
(a) 
Permit required.
A person commits an offense if the person activates, operates or causes to be operated an alarm system without first obtaining a permit from the fire chief, or while the permit has not been renewed.
(b) 
Fee schedule.
Any person using an alarm system shall pay such permit fees, renewal fees, and service fees as provided for in the fee schedule which is adopted by the city council.
(c) 
Eligibility for permit; transfer.
A permit shall only be issued to the resident of a single-family dwelling, the tenant occupying the unit of a multifamily complex, and the business owner of any retail or commercial establishment. Permits are not transferable.
(d) 
Contents of application.
(1) 
Each permit application shall contain the name, address, and telephone number of the person who is responsible for the proper maintenance and operation of the alarm system and payment of fees or charges levied under this article.
(2) 
The permit application shall contain the names and phone numbers (home and business) of two people that when notified by the police or fire department will come to the alarm site within 30 minutes if requested, to terminate the alarm signal and secure the property.
(3) 
Application for a permit under the provisions of this article constitutes a grant of approval to the city to deactivate an alarm system that sounds an alarm signal for longer than 30 minutes after being notified.
(e) 
False statements.
Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining an alarm permit or renewal, or for the purpose of making a change thereto, shall be sufficient cause for refusal to grant or suspend a permit.
(f) 
Issuance.
Upon receipt of a completed application form and the required permit fee (where applicable), the fire chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a late fee, service fee and/or fines assessed under this article for which a bill has been issued.
(g) 
Changes in information.
An alarm permit is issued to a specific individual and a specific address. An alarm permit cannot be transferred to another person or another address. However, the individual designated to respond to an alarm or relay an alarm can be changed. A permit holder must inform the city of any change that alters information listed on the permit application. No fee will be assessed for such changes.
(h) 
Payment of bills.
All fees owed by an applicant for whom a bill has been issued must be paid before a permit may be issued.
(i) 
Failure to renew permit.
Failure of the alarm user to renew an alarm permit by December 31 of each calendar year shall be considered as not having a valid permit.
(j) 
Combination fire and police alarm permit.
An alarm user may utilize one permit for a combination fire and police alarm.
(1995 Code, sec. 90.02; Ordinance 4037 adopted 2/5/2008; Ordinance adopting Code)
(a) 
A permit expires each year on December 31 and must be renewed annually by submitting an updated application and a permit renewal fee to the fire chief.
(b) 
It is the responsibility of the permit holder to submit an application prior to the permit expiration date.
(c) 
All service fees and late fees assessed under this article must be paid prior to renewal of the permit.
(1995 Code, sec. 90.03; Ordinance 4037 adopted 2/5/2008)
(a) 
Generally.
A permit holder in control of an alarm system shall:
(1) 
Adjust or modify the sensory mechanism of the alarm system to suppress false indications of force so that the alarm system will not be activated by impulses due to:
(A) 
Transient pressure changes in water pipes;
(B) 
Flashes of light; or
(C) 
Other forces unrelated to actual emergencies;
(2) 
Maintain the alarm system in a manner that will minimize false alarm notifications;
(3) 
Respond or cause a representative to respond within 30 minutes when notified by the city to repair or inactivate a malfunctioning alarm system, to provide access to the premises [or] to provide security for the premises;
(4) 
Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report; and
(5) 
Notify the fire chief in writing of the date a permit is to be cancelled or that the permit will not be renewed. The notification must include the date the document was signed and signature of the permit holder. The city must receive the cancellation or nonrenewal notice in writing no later than 15 days before the permit expiration date.
(b) 
Response to alarm site.
If a permit holder or an emergency contact person is contacted to inspect an unsecured building or residence and fails to respond to the alarm site in the allowed time of 30 minutes to secure the building or residence, a fee as set forth in the fee schedule will be charged to the permit holder if the city representatives have to secure the premises. The city is not responsible for loss or damage.
(1995 Code, sec. 90.04; Ordinance 4037 adopted 2/5/2008; Ordinance adopting Code)
Any alarm company engaged in the business of monitoring alarm systems shall:
(1) 
On the installation or activation of an alarm system, distribute to the occupant of the alarm system location the following information:
(A) 
A copy of this article;
(B) 
Information on how to prevent false alarms; and
(C) 
Information on how to operate the alarm system;
(2) 
Report alarm signals only by using telephone numbers designated by the fire chief;
(3) 
Communicate alarm notifications to the city in a manner and form determined by the fire chief; and
(4) 
On a monthly basis, provide to the fire chief a report which contains the name, address, telephone number, and date of activation of all current subscribers within the city.
(1995 Code, sec. 90.05; Ordinance 4037 adopted 2/5/2008)
Newly installed alarms on sites which have not previously had an alarm system shall have a 30-day grace period. During the first 30 days the system is in operation, false alarms will not count toward those which result in fees being charged for excessive false signals.
(1995 Code, sec. 90.06; Ordinance 4037 adopted 2/5/2008)
(a) 
A person in control of a local alarm or an alarm system that causes an alarm notification to be sent directly to the city shall adjust the mechanism or cause the mechanism to be adjusted so that, upon activation, the system will not transmit another alarm signal without first being manually reset.
(b) 
Each alarm notification shall be treated as a false alarm.
(1995 Code, sec. 90.07; Ordinance 4037 adopted 2/5/2008)
A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this article and any rules and regulations promulgated by the fire chief or designee or that is not licensed by the state private security bureau, or the state commission on fire protection, as the case may be.
(1995 Code, sec. 90.08; Ordinance 4037 adopted 2/5/2008)
(a) 
Payment; late charge.
A permit holder must pay any service fees as assessed under the provisions of this article within 30 days after receiving notification from the city that a call-out fee has been assessed. If the assessed fees become 90 days delinquent, a 10% late charge will be added.
(b) 
Excessive number of false alarms.
A permit holder will be assessed a fee established by the city council for the signaling of a false alarm by a fire alarm system in excess of five false alarms which will have occurred during the 12-month period beginning January 1 of each calendar year and ending December 31 of same calendar year at the alarm site.
(1995 Code, sec. 90.09; Ordinance 4037 adopted 2/5/2008; Ordinance adopting Code)
A person whose alarm permit has not been renewed by December 31 may be issued a new permit if the person:
(1) 
Submits an updated application and pays a reinstatement fee established by the city council;
(2) 
Pays or otherwise resolves all citations in municipal court issued to the person under this article;
(3) 
Pays all outstanding late fees and/or service fees assessed under this article for which a bill has been issued; and
(4) 
Submits documentation to the fire chief stating that the permit holder has performed all necessary repairs or adjustments required by the city, and has complied with all provisions of this article.
(1995 Code, sec. 90.10; Ordinance 4037 adopted 2/5/2008; Ordinance adopting Code)
If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the chief may require a conference with an alarm permit holder and the alarm company responsible for maintenance of the alarm system, and the fire marshal, to review the circumstances of each false alarm.
(1995 Code, sec. 90.11; Ordinance 4037 adopted 2/5/2008)
It is unlawful for any person to program an automatic dialing device to select a primary telephone line belonging to the city, and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary telephone line belonging to the city within 12 hours of receipt of written notice from the chief.
(1995 Code, sec. 90.12; Ordinance 4037 adopted 2/5/2008)
All information submitted in compliance with this article shall be deemed confidential and not subject to public disclosure unless required by law.
(1995 Code, sec. 90.13; Ordinance 4037 adopted 2/5/2008)
(a) 
The alarm user may appeal to the chief his or her decision in writing within 14 days, who shall conduct an investigation within a reasonable time. Within 30 days of the investigation, and after consideration of the evidence, the chief will render a decision in writing. The chief shall then notify the alarm user of the decision and advise the alarm user of the right to appeal to the city manager.
(b) 
In the event the alarm user desires to appeal the chief’s decision to the city manager, notice must be given in writing to the city manager within 14 days of the chief’s decision. The city secretary will place the matter before the city manager and notify the alarm user of the date and time of the meeting when the appeal will be heard.
(c) 
The city manager will render his or her decision in writing, which shall be final. In the event the alarm user fails to appear at the hearing before the council, he or she will be deemed to have waived his or her right to appeal and no other recourse will be available to the alarm user.
(1995 Code, sec. 90.14; Ordinance 4037 adopted 2/5/2008)