In this article, the following words and phrases shall be defined
as follows:
A notification intended to summon public safety personnel,
which is designed either to be initiated purposely by a person or
by an alarm system that responds to a stimulus characteristic of unauthorized
intrusion or fire alarm.
The person assigned by the police chief to administer alarm
services.
A premises or location with one (1) street address and served
by an alarm system or multiple systems that are under the control
of one (1) owner or lessee. Establishments doing business under different
names with the same owner/lessee are considered separate alarm sites.
A device or system that emits, transmits, or relays a broadcast
signal intended to summon, or that would reasonably be expected to
summon, police or fire services of the city. Alarm system does not
include:
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure.
The fire chief or the chief of police of the city or his
or her authorized representative.
A site used primarily for the purpose of conducting a business
or trade. In the case of joint commercial and residential uses, the
use of the unit wherein the alarm device is located classifies the
site for the purposes of this article.
Any enterprise, public, private, or social operating at an
alarm site.
An alarm notification which the responding emergency personnel
finds no evidence of an attempted or actual intrusion, burglary, robbery,
hostage taking, or indication of fire.
An alarm permit that has expired. The alarm permit status
has been set to inactive.
An alarm system that emits a signal at an alarm site which
is audible or visible from the extension of the alarm site.
An individual, corporation, partnership, association, organization,
or similar entity.
A site used primarily as a dwelling. In the case of joint
commercial and residential uses, the use of the unit wherein the alarm
device is located classifies the site for the purposes of this article.
An alarm permit with outstanding fees due. The alarm permit
status has been set to revoked.
When a permitted alarm system has experienced eleven (11)
false alarms within a calendar year, it will be classified as unreliable
and be subject to suspension, or when in the determination of the
alarm permit administrator the alarm may not meet technical standards
as adopted by the city.
An alarm permit with eleven (11) false alarms within a calendar
year. The alarm fees and alarm inspection documentation have not been
received. The alarm permit status has been set to suspended.
A portion of an alarm site that contains a separately operated
alarm system.
An extreme weather event affecting a large area of the city.
(Ordinance 18-017 adopted 4/10/18)
This article shall apply to an alarm system required to be registered pursuant to section 6.06.005, and to an owner or lessee required to obtain an alarm permit pursuant to section 6.06.051, and to any person who operates, causes or permits to be operated an alarm system at an alarm site in the city.
(Ordinance 18-017 adopted 4/10/18)
All of the regulations provided in this article are hereby declared
to be governmental and for the health, safety and welfare of the general
public. Any member of the city council or any city official or employee
charged with the enforcement of this article acting for the city in
the discharge of his or her duties shall not thereby render himself
or herself personally liable, and he or she is hereby relieved from
all personal liability for any damage that might accrue to persons
or property as a result of any act required or permitted in the discharge
of his or her said duties.
(Ordinance 18-017 adopted 4/10/18)
The police chief shall monitor the enforcement and effect of
this article and make a report annually to the city manager.
(Ordinance 18-017 adopted 4/10/18)
The chief of police, in the case of holdup or intrusion alarms,
or the fire chief, in the case of supervisory or fire alarms, is authorized
to establish and enforce reasonable administrative rules and procedures
to regulate the installation and operation of alarm systems, including,
but not limited to, alarm installation, registration, response and
removal, and further authorizing the enforcement of technical standards
as may be adopted by the city. All burglar alarms and fire alarm systems
shall be registered at the police and courts building.
(Ordinance 18-017 adopted 4/10/18)
(a)
General.
A person commits an offense if he or she violates,
by commission or omission, any provision of this article of the code
of the city that imposes upon him or her a duty or responsibility.
(b)
Unauthorized activation.
A person commits an offense
if he or she operates, causes or permits an alarm system to be operated
without an alarm permit issued by the city.
(c)
Intentional activation.
A person commits an offense
if he or she intentionally activates or causes to be activated any
holdup, intrusion, supervisory, or fire alarm without the existence
of an emergency situation and with the intent of causing the response
of the city police or fire department.
(d)
Failure to obtain permit.
A person who is required to
have a permit under this article commits an offense if he or she knowingly
operates, causes or permits to be operated an alarm system after provided
notice that the alarm system lacks a current city permit.
(e)
Inactive permit.
A person commits an offense if he or
she operates, causes, or permits to be operated an alarm system during
the period in which the alarm permit is inactive.
(f)
Revoked permit.
A person commits an offense if he or
she operates, causes, or permits to be operated an alarm system during
the period in which the alarm permit is revoked.
(g)
Suspended permit.
A person commits an offense if he
or she operates, causes, or permits to be operated an alarm system
during the period in which the alarm permit is suspended.
(h)
Penalty.
A person who violates a provision of this article
is guilty of a separate offense for each violation committed, continued,
or permitted, and each offense is a misdemeanor punishable by a fine
not to exceed $500.00. A court may dismiss the charge of unauthorized
activation, inactive permit, revoked permit, and suspended permit
if the defendant:
(Ordinance 18-017 adopted 4/10/18)
In addition to prohibiting or requiring certain conduct of individuals,
it is the intent of this article to hold a corporation, partnership,
or other association criminally responsible for acts or omissions
performed by an agent, acting on behalf of the corporation, partnership,
or other association, and within the scope of his or her employment.
(Ordinance 18-017 adopted 4/10/18)
A permit holder or person in control of an alarm system shall
respond or cause a representative to respond within a reasonable period
of time (not to exceed twenty (20) 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.
(a)
A
permit holder or person in control of an alarm system shall adjust
the mechanism or cause the mechanism to be adjusted so an alarm signal
will sound for no longer than thirty (30) minutes after being activated.
(b)
If
an alarm system sounds a broadcast signal for longer than thirty (30)
minutes after being activated, a police officer or fire personnel
is authorized to disable the alarm. All costs to the city in disabling
the alarm shall be assessed to the person required to have a permit
and shall be paid to said city within thirty (30) days after the person
has received notice that the costs have been assessed. Application
for a permit constitutes a grant of approval to said city to disable
the alarm as provided herein.
(Ordinance 18-017 adopted 4/10/18)
A permit holder or person in control of any alarm system, that
causes an alarm notification to be sent to the city communications
center, 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.
(Ordinance 18-017 adopted 4/10/18)
(a)
A
permit holder or person in control of an alarm system shall not allow
alarm signals to be directly reported or reported through a relaying
intermediary by a signal or recorded message to the public safety
communications center unless mandated by federal law.
(b)
A
permit holder commits an offense if he or she allows alarm signals
to be reported through a relaying intermediary that is not licensed
by the state private security bureau.
(Ordinance 18-017 adopted 4/10/18)
A permit holder or person in control of an alarm system whose
alarm system transmits alarm notifications to a central monitoring
location shall:
(1)
Transmit
the alarm in the form and with the content specified by the alarm
permit administrator;
(2)
Ensure
no recorded message is transmitted to the communications center; and
(3)
Not
install a holdup, intrusion, fire or supervisory alarm device which
causes the police/fire emergency telephone to ring.
(Ordinance 18-017 adopted 4/10/18)
A permit holder or person in control of an alarm system shall
maintain a complete set of written operating instructions for each
alarm system at each alarm site. Special codes, combinations, or passwords
must not be included in these instructions.
(Ordinance 18-017 adopted 4/10/18)
Alarms must be monitored by a service provider and reported
by a representative of the alarm company to the communications center.
No alarms will be connected directly to the communications center
except alarms installed on city-owned or -controlled property.
(Ordinance 18-017 adopted 4/10/18)
The city public safety personnel shall cause to be recorded
such information as necessary to permit said city to maintain records
of calls made in response to an alarm, including but not limited to
the following information, if available:
(1)
Identification
of the permit holder;
(2)
Identification
of the alarm site;
(3)
Arrival
time and time call cleared;
(4)
Time
of day and date;
(5)
Reason
for alarm;
(6)
Physical
damage to the structure likely to have caused the alarm; and
(7)
Name
of the permit holder’s representative on premises and the relationship,
if any.
(Ordinance 18-017 adopted 4/10/18)
The responding public safety personnel shall report whether
the notification was caused by a criminal offense, fire, weather condition,
or other physical damage to the structure likely to have caused the
alarm, which classification will determine whether the alarm is a
true, uncertain, or false alarm notification.
(Ordinance 18-017 adopted 4/10/18)
(a)
Except as provided in sections 6.06.018 and 6.06.019 hereof, a person who is required to obtain a permit shall pay a service fee by the last day of the month in which the fee was invoiced for each false alarm notification emitted from an alarm site, in accordance with the service fees found in appendix A of this code.
(b)
The
alarm permit administrator shall, on a monthly basis, send to the
permit holder, at the mailing address stated on the application, a
statement for fees due. Such fees shall be paid by the permit holder
by the last day of the month in which the fee was invoiced. If the
fees are not paid in a timely manner, a late fee will be added to
the next month’s invoice.
(c)
The
fees assessed in article A6.06 shall be paid to reinstate an alarm
permit that has been set to inactive, revoked, or suspended.
(d)
The
alarm permit administrator shall submit to the chief of police a monthly
summary report of the alarm activity.
(e)
Burglar
and fire alarms are counted together on the same invoice resulting
in a cumulative total.
(Ordinance 18-017 adopted 4/10/18)
If a person applies for an alarm permit before the installation
of a new alarm system begins, no service fee will be assessed during
the first thirty (30) days after installation, and alarm notifications
during that period will not be counted in determining when a service
fee will be assessed.
(Ordinance 18-017 adopted 4/10/18)
If the responding public safety officer determines an alarm
notification was caused by a criminal offense, weather condition,
or other physical damage to the structure likely to have caused an
alarm, no service fee will be assessed for that notification, and
that notification will not be counted in determining when a service
fee will be assessed.
(Ordinance 18-017 adopted 4/10/18)
(a)
A
separate permit is required by the owner or lessee of each alarm site
where an alarm system is provided by the owner or lessee, except at
nonresidential sites, in which case a separate permit is required
by the owner or lessee of the establishment located on the site.
(b)
No
exemptions shall apply except as required by federal law, state law,
or fire prevention code. The burden of proof shall be with the person
asserting the exemption.
(c)
A nonrefundable fee shall be paid by the applicant prior to the issuance of a permit for a burglar alarm system, fire alarm system, or any combination thereof, as provided for in section A6.06.051 of the fee schedule in appendix A to this code.
(d)
The
alarm permit shall be kept at the alarm site and produced for inspection
on request of the chief’s representative.
(Ordinance 18-017 adopted 4/10/18)
(a)
Application
for a permit required by the provisions of this article shall be filed
with the alarm permit administrator’s designee at the police
department records office.
(b)
(c)
Must
notify the alarm permit administrator immediately upon any change
of response designees.
(d)
Any
individual signing a permit application must be at least eighteen
(18) years of age.
(e)
The
application shall state the address site for the location of the alarm
system and whether it is residential or commercial.
(f)
Any
other information required by the alarm permit administrator to insure
compliance with all the provisions of this article.
(Ordinance 18-017 adopted 4/10/18)
(a)
Upon
receipt of a completed application form, the alarm permit administrator
or designee shall issue an alarm permit to an applicant unless the
applicant:
(b)
No
permit will be issued for alarm sites outside the corporate limits
of the city, with the following exception: businesses with fire service
contracts with the city.
(Ordinance 18-017 adopted 4/10/18)
An alarm permit cannot be transferred to another person or site.
A permit holder shall inform the alarm permit administrator of any
change that alters any information listed on the permit application
within five (5) business days of such change in writing with a date
and authorized signature. No fee will be assessed for such changes.
(Ordinance 18-017 adopted 4/10/18)
All service fees and permit fees owed by an applicant must be
paid before a permit may be issued or renewed.
(Ordinance 18-017 adopted 4/10/18)
(a)
A
permit is issued for a twelve (12) month permit cycle according to
the permit renewal schedule. It is the responsibility of the permit
holder to submit a completed application to renew the permit at least
ten (10) days prior to the permit expiration date noted on the alarm
permit.
(b)
The
permit cycle is determined by the first letter of the last name of
the person listed on the application for a residential alarm permit
and by the first letter of the business name for a business. An alarm
permit shall be renewed by the applicant during the renewal cycle
month as indicated below.
|
Letter Divisions
|
Permit Cycle
(Month Of)
|
Expiration Date
(Through)
|
|---|---|---|
|
A-B
|
October
|
10/31 23:59:59
|
|
C-D
|
November
|
11/30 23:59:59
|
|
E-F
|
December
|
12/31 23:59:59
|
|
G-H
|
January
|
1/31 23:59:59
|
|
I-J
|
February
|
2/28 23:59:59
|
|
K-L
|
March
|
3/31 23:59:59
|
|
M-N
|
April
|
4/30 23:59:59
|
|
O-P-Q
|
May
|
5/31 23:59:59
|
|
R-S
|
June
|
6/30 23:59:59
|
|
T-U
|
July
|
7/31 23:59:59
|
|
V-W
|
August
|
8/31 23:59:59
|
|
X-Y-Z
|
September
|
9/30 23:59:59
|
(Ordinance 18-017 adopted 4/10/18)
A denial of a permit shall be for any period of time up to six (6) months at the discretion of the alarm permit administrator based on the severity of the violation under section 6.06.053 hereof.
(Ordinance 18-017 adopted 4/10/18)
The alarm permit administrator shall revoke an alarm permit
if he or she determines that:
(1)
There
is a false statement of a material matter in the application for a
permit;
(3)
The permit holder has failed to make timely payment of fees assessed under section 6.06.017 hereof.
(4)
If
the permit holder experiences eleven (11) false alarms within a calendar
year, the alarm system is classified as unreliable and the permit
is suspended. An inspection of the alarm system will be required.
Detailed documentation of the inspection including the status of all
inspection points and steps to correct any errors shall be sent to
the alarm permit administrator.
(5)
Revocation
of alarm permit. When the false alarm fees have not been paid for
three (3) months, the alarm permit will be revoked and subject to
the penalty set in this code.
(Ordinance 18-017 adopted 4/10/18)
A revocation or suspension shall be for any period of time up
to six (6) months at the discretion of the alarm permit administrator,
based on the severity of the violation.
(Ordinance 18-017 adopted 4/10/18)
(a)
If
the alarm permit administrator refuses to issue, or renew, or revokes,
or suspend a permit, he or she shall send to the applicant or permit
holder, within five (5) working days, written notice of his or her
action and a statement of the right to an appeal. The applicant or
permit holder may appeal the decision to the alarm permit administrator
by filing a written request for a hearing setting forth the reasons
for the appeal, within ten (10) days after the notice was mailed.
The filing of a request within ten (10) days with the alarm permit
administrator stays an action revoking or suspending a permit until
the chief of police or his or her designee makes a final decision.
If a request for an appeal hearing is not made within the ten-day
period, the refusal, revocation, or suspension is final.
(b)
The
chief of police or his or her designee shall serve as hearing officer
at an appeal and consider evidence by an interested person. The formal
rules of evidence do not apply at an appeal hearing. The hearing officer
shall make his or her decision on the basis of a preponderance of
the evidence presented at the hearing. The hearing officer must render
a decision within thirty (30) days after the request for an appeal
hearing is filed. The hearing officer shall affirm, reverse, or modify
the action appealed. The decision of the hearing officer is final
as to administrative remedies with the city.
(Ordinance 18-017 adopted 4/10/18)
