The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm business
means the business by an individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any system in or on any building, structure or facility.
Alarm system.
(1) 
The term “alarm system” means a device or system that transmits a signal intended to summon police of a municipality in response to a burglary. The term “alarm system” includes an alarm that emits an audible signal on the exterior of a structure.
(2) 
The term “alarm system” does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises.
Alarm user
means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility wherein an alarm system is maintained which is monitored by the city police department.
Automatic dialing device
means an alarm system which automatically sends over regular telephone lines a pre-recorded voice message.
Burglary alarm system
means an alarm system signaling an entry or attempted entry into the area protected by the system.
Chief of police
means the chief of police of the city or his designated representative.
False alarm
means an alarm signal, received and answered by police when a situation requiring a response by the police does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Unless otherwise provided, the chief of police shall be the sole and exclusive judge of whether an alarm is a false alarm for the purpose of this article.
Permit year
means the period beginning on the date of the issuance of an alarm user’s permit and extending for 12 months thereafter.
Robbery alarm system
means an alarm system signaling a robbery or attempted robbery.
(1988 Code, ch. 1, sec. 20.02; 2010 Code, sec. 20-21)
(a) 
The purpose of this article is to:
(1) 
Protect the emergency services of the city from misuse; and
(2) 
Defray the cost of administering this article through license fee charges.
(b) 
The provisions of this article shall apply only to alarm systems which:
(1) 
Send an alarm signal directly to the police department;
(2) 
Send an alarm signal to a location where the signals are continuously monitored and an alarm message is relayed to the police department; or
(3) 
Produce an audible or visual alarm which can be heard or seen outside of the premises and are not equipped with an automatic shutoff device which will shut off all external alarms within 30 minutes of being activated.
(c) 
The provisions of this article shall not apply to alarm systems which produce an audible or visual alarm which can be heard or seen outside the premises provided that the alarm system is:
(1) 
Equipped with an automatic shutoff device which will shut off all external audible and visual alarms within 30 minutes of being activated; and
(2) 
Not continuously monitored at an off-premises location.
(1988 Code, ch. 1, sec. 20.01; 2010 Code, sec. 20-22)
(a) 
Every alarm user shall obtain an alarm user’s permit for each system from the chief of police prior to use of an alarm system. An alarm user’s permit shall entitle the holder to operate all burglary and robbery alarm systems at the location specified on the permit. A user that maintains alarm systems at more than one location shall be required to obtain an alarm user’s permit for each street address where alarm systems are maintained. Application for an alarm user’s permit for each street address shall be filed with the chief of police. Each permit shall bear the signature of the chief of police and be for a one-year period. The permit shall be physically kept upon the premises using the alarm system and shall be available for inspection by the chief of police or his representative. A permit fee shall be paid by every alarm user prior to issuance of the alarm permit in accordance with appendix A of this code. The fee schedule referenced herein may be amended from year to year within the discretion of the city council. Annual renewal permits may be acquired from the chief of police free of charge provided that the renewal permit is filed with the chief of police prior to the end of the permit year. The user shall acknowledge in the application for a permit that service is desired and that all information in the original application is current, or if not current, the applicant shall update all incorrect entries to the original application. Every alarm user shall sign any release form required by the chief of police in accordance with section 4.02.007.
(b) 
A revoked alarm user’s permit shall be obtained from the chief of police by filing an application and paying a fee as found in appendix A of this code. Each permit shall bear the signature of the chief of police and shall bear the same expiration date as the revoked permit. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the chief of police or his representative.
(c) 
An alarm user required by federal or state statute, regulation or rule to install, maintain and operate an alarm system shall be subject to this section, provided:
(1) 
A permit shall be designated a special alarm user’s permit.
(2) 
A special alarm user’s permit for a system which has ten or more false alarms in a permit year shall not be subject to revocation under section 4.02.006, but the holder of the permit shall pay a fee, as found in appendix A of this code, with the submission of the report required by section 4.02.006(c).
(3) 
Upon written demand by the chief of police the holder of a special user’s permit shall pay a fee as found in appendix A of this code for each set of ten false alarms in the permit year.
(4) 
The payment of any fee provided for in this subsection (c) and subsection (b) of this section shall not be deemed to extend the term of the permit.
(d) 
An alarm user which is a governmental political unit shall be subject to this section, but a permit shall be issued without payment of a fee and shall not be subject to the imposition of any penalty provided herein.
(1988 Code, ch. 1, sec. 20.03; 2010 Code, sec. 20-23)
(a) 
Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in the area subject to this article shall furnish the user with instructions that provide information to enable the user to operate the alarm system properly and to obtain service for the system at any time.
(b) 
Standard form user instructions shall be submitted by every alarm business to the chief of police within 60 days after the effective date of the ordinance from which this article is derived. If the chief of police reasonably finds such instructions to be incomplete, unclear or inadequate, he may require the alarm business to revise the instructions to comply with subsection (a) of this section and then to distribute the revised instructions to its users.
(c) 
The alarm user shall keep the police department provided with a current list of at least three persons who should be called to turn off the alarm.
(1988 Code, ch. 1, sec. 20.04; 2010 Code, sec. 20-24)
(a) 
It shall be unlawful to operate or maintain an automatic dialing device which is designed to dial a telephone number which is assigned to the city police department or fire department.
(b) 
Nothing in this article shall prohibit the use of manually operated recording systems or other devices utilized by handicapped persons, provided such systems are approved by the chief of police.
(1988 Code, ch. 1, sec. 20.05; 2010 Code, sec. 20-25)
(a) 
Any alarm system which has ten or more false alarms within a permit year shall be subject to a fine and/or revocation as provided herein.
(b) 
If the police department records reveal five false alarms within a permit year, the chief of police shall notify the alarm user by letter sent via certified mail, return receipt requested, of such fact and remind such alarm user of the penalty provisions contained in subsection (c) of this section.
(c) 
If the police department records ten or more false alarms within a permit year for any alarm system:
(1) 
The chief of police shall notify the alarm user and the alarm business providing service or inspection to the user by certified mail of such fact and direct that the user submit a report to the chief of police within ten days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarm.
(2) 
If the alarm user submits a report as directed, the chief of police shall determine if the actions taken or to be taken will prevent the occurrence of false alarms. If he determines that the action will prevent the occurrence of false alarms, he shall notify the alarm user and the relevant alarm business in writing that no fine will be imposed at that time and that the permit will not be revoked, but if one more false alarm occurs within the permit year, the permit will be revoked.
(3) 
If no report is submitted, or if the chief of police determines that the actions taken or to be taken will not prevent the occurrence of false alarms, the chief of police shall give notice by certified mail to the user that the permit will be revoked without further notice on the tenth day after the date of the notice if the user does not file within that period a written request for a hearing.
(4) 
If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the chief of police by certified mail at the address provided by the user at least ten days prior to the date set for the hearing, which date shall not be more than 21 nor less than ten days after the filing of the request for hearing.
(5) 
The hearing shall be before the city manager. The alarm user shall have the right to present written and oral evidence, subject to the right of cross-examination. If the city manager determines that ten or more false alarms have occurred in a permit year, and that the user has not taken actions which will prevent the occurrence of false alarms, the city manager shall issue written findings to that effect and an order revoking the user’s permit unless good cause is determined by the city manager to not do so.
(6) 
An alarm user shall immediately discontinue use of the alarm system upon being notified by certified mail at the address provided by the user of the revocation of a permit.
(7) 
An alarm user whose permit has been revoked may apply for a revoked alarm user’s permit as provided in section 4.02.003(b). The chief of police shall not be required to issue a revoked alarm user’s permit unless he is satisfied that the alarm user’s system has been properly serviced and its deficiencies corrected or upon order of the city manager after a hearing as provided in subsection (c)(5) of this section. The chief of police may impose reasonable restrictions and conditions upon the user before issuing a revoked alarm user’s permit, which restrictions and conditions shall be written on the permit and shall provide additional false alarms in the permit year. Additional revoked alarm user’s permits may be issued upon the same conditions as the first revoked alarm user’s permit.
(8) 
In situations permitting summary revocation under subsection (c)(2) of this section, revocation shall be effective on the fifth day following the mailing by certified mail by the chief of police of a notice of revocation.
(9) 
All administrative actions may be appealed to the city council by giving written notice of such appeal to the city secretary within ten days of such action. The decision of the city council shall be final.
(1988 Code, ch. 1, sec. 20.06; 2010 Code, sec. 20-26; Ordinance adopting 2018 Code)
(a) 
The police department or fire department of the city shall not be under any obligation or duty to an alarm user or alarm business or any other person by reason of this article or use of any alarm system.
(b) 
The city specifically disclaims liability for any damages which may be caused by the failure of the police department of the city to monitor and/or respond to an alarm notification, transmitted by any means, or for any damages as a result of any delay in response to any such alarm or notification.
(1988 Code, ch. 1, sec. 20.07; Ordinance 1992-23, adopted 12/22/92; 2010 Code, sec. 20-27)