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 site.
A location or premises served by an alarm system.
Alarm system.
A device or system which transmits a signal which summons an emergency service of the city. The categories of alarm systems are robbery, burglary, fire, emergency medical assistance, and emergency assistance. The term “alarm system” does not mean an alarm installed on a vehicle, unless used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within premises, but does include an alarm that emits an audible signal on the exterior of a structure.
Alarm systems company.
Any person or company that sells, installs, services, monitors, or responds to burglar alarm signal devices, burglar alarms, television cameras, still cameras or any other electrical, mechanical, or electronic device used:
(1) 
To prevent or detect burglary, theft, shoplifting, pilferage, or other losses of that type;
(2) 
To prevent or detect intrusion; or
(3) 
Primarily to detect and summon aid for other emergencies, and includes persons relaying alarm notifications.
Burglar alarm notification.
A notification which summons the police, which is initiated or triggered by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion.
Commercial alarm.
An alarm that is directly monitored by the public safety communications department.
Director.
The police chief or his authorized representative.
Emergency assistance alarm.
Any automatic notification system other than those defined herein which summons emergency assistance from the city.
Emergency medical assistance alarm notification.
An alarm system which summons emergency medical assistance.
False burglar alarm notification.
A burglar alarm notification to the police, when the responding police officer reasonably finds there is no evidence of unauthorized intrusion or attempted unauthorized intrusion.
False emergency medical assistance alarm notification.
An emergency medical assistance alarm notification to the fire department, when the responding fire department personnel reasonably find there is no evidence of need for emergency medical assistance.
False fire alarm notification.
A fire alarm notification to the fire department, when the responding fire department personnel reasonably find there is no evidence of a fire having occurred.
False robbery alarm notification.
A robbery alarm notification to the police, when the responding police officer reasonably finds there is no evidence of a robbery.
Financial institution.
An institution required to have an alarm system by the provisions of the Bank Protection Act of 1968 (12 USC 1882, as amended).
Fire alarm notification.
A notification which is initiated or triggered by an alarm system designed to react to any of the visual or physical characteristics of fire.
Local alarm.
An alarm system that emits a signal at an alarm site that is audible from the exterior of a structure.
Robbery alarm notification.
A notification when a robbery occurs by means of an alarm system designed to be purposely activated by an individual.
(1993 Code, sec. 98.01; 2006 Code, sec. 6-1; Ordinance 375 adopted 4/3/95)
(a) 
Required.
A person commits an offense if he installs, operates or causes to be operated an alarm system without first obtaining a permit from the chief. A separate permit is required for each alarm site.
(b) 
Contents of application.
Each permit application must contain the name, address and phone number (home and business) 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. Each permit application must also contain the name, address and phone number (home and business) of at least two persons who are able and have agreed to receive notification from a member of the police department or fire department at any time and to come to the alarm site within 30 minutes after receiving notification. 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.
(c) 
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 suspension of a permit.
(d) 
Fees; term; renewal.
A nonrefundable fee as established by the fee schedule in appendix A of this code is required for each alarm system permit, which includes the operation of the alarm for one year. A permit for each residential or commercial alarm permit or renewal of a permit as determined from time to time by the city council is due no later than January 31st of each year thereafter and prorated for any period included within the first year of operation depending upon the date of the original permit application. (As an example, a permit issued in June would be prorated at renewal by six months and would expire December 31 of the first year.) Each year thereafter, the full permit fee would be due as specified in appendix A. It is the responsibility of the permit holder to pay the renewal fee no later than the end of the month following the renewal month. If the permit is not renewed by the end of the month, the alarm permit is cancelled.
(e) 
Issuance.
Upon receipt of the required fee and completed application form, the chief shall issue a permit unless there is reasonable cause to believe the equipment responsible for initiating an alarm will not be maintained or operated in accordance with this article or the applicant will not comply with each provision of this article. Burglary/robbery commercial alarms will be limited to financial institutions. Fire commercial alarms will be limited to high-risk loss of life occupancies such as hotels, motels, hospitals, nursing homes, residential care facilities, educational uses, including day care centers, and theaters.
(f) 
Transferability; change of individual designated to respond.
An alarm permit cannot be transferred to another person. However, the individual designated to respond to an alarm or relay an alarm may be changed. A permit holder must promptly inform the chief in writing of any change that alters information listed on the permit application. No fee will be assessed for such changes.
(g) 
Denial of issuance; suspension.
(1) 
Written notification; right of appeal; hearing.
If the chief denies the issuance of a permit, or suspends a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action setting forth the reason for such action and advising the applicant or permit holder of the right to an appeal. The applicant, or permit holder, may appeal the decision of the chief to the municipal court of the city by filing with the court a written request for a hearing, setting forth his objections to the action of the chief, within ten days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the municipal court shall stay the action of the chief in denying the issuance of or suspending a permit until a final decision on the appeal is made by the municipal court. If a request for an appeal hearing is not made within the ten-day limit, the action of the chief is final.
(2) 
Conduct of hearing; evidence; decision.
The judge of the municipal court shall preside at any administrative hearing conducted under the provisions of this section and shall consider evidence offered by any interested person. The formal rules of evidence shall not apply at such hearing. The judge of the municipal court shall make a decision on the basis of a fair preponderance of the evidence presented and matters officially noticed at the hearing. The judge of the municipal court shall render a written decision setting forth findings of fact and conclusions of law within 30 days after the request for an appeal hearing is filed. Such decision shall affirm, reverse, or modify the action of the chief and the judge’s decision is final.
(h) 
Penalty for operation without permit.
A person commits an offense if he operates any alarm system as defined in this article without having a valid permit in accordance with the provisions of this article, and upon conviction thereof shall be punished as provided in section 1.01.009.
(i) 
Verification of city permit required by alarm vendor.
No alarm vendor may install a burglar or fire alarm without first verifying that the homeowner or business owner has obtained a city permit for the operation and installation of an alarm system.
(1993 Code, sec. 98.02; 2006 Code, sec. 6-2; Ordinance 375 adopted 4/3/95; Ordinance 09-05-801, sec. 2, adopted 5/18/09; Ordinance adopting 2015 Code)
Upon reasonable notification, the police chief or his designee, or fire chief or his designee, may inspect an alarm site and alarm system of a permit holder during regular business hours.
(1993 Code, sec. 98.03; 2006 Code, sec. 6-3; Ordinance 375 adopted 4/3/95)
(a) 
Generally.
A permit holder must:
(1) 
Adjust or modify the sensory mechanism of his 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;
(C) 
Wind noise caused by the rattling or vibrating of doors or windows;
(D) 
Vehicular noise adjacent to the installation; and
(E) 
Other forces unrelated to actual emergencies.
(2) 
Maintain the premises containing an alarm system in a manner that ensures proper operations of the alarm system. It is the responsibility of the alarm permit holder to properly maintain the alarm system to prevent false activations. Should a permit holder have more than two activations within 30 days, an inspection of the alarm system will be required by a licensed repairman. Notice must be made in writing to the police alarm coordinator from the repairman of findings of the inspection within 30 days. Failure to do so will result in cancellation of the alarm permit.
(3) 
If the permit holder or an emergency contact person is contacted to inspect an unsecured building or residence, and fails to respond to the scene in the allowed time of 30 minutes to secure the building or residence, a fee as established in the adopted fee schedule in appendix A of this code will be charged to the operator if city representatives have to secure the premises. The city is not responsible for loss or damage. Failure of the operator to pay the assessed fee will result in cancellation of the permit.
(b) 
Automatic alarm notifications.
A permit holder whose alarm system transmits automatic alarm notifications, other than alarm notifications from financial institutions, directly to the city over the normal telephone system shall:
(1) 
Transmit the alarm in the form and content specified by the city;
(2) 
Transmit over telephone lines designated for such use;
(3) 
Design his system so that it will notify the permit holder, or his designated agent identified on the permit application, when an alarm is transmitted to the city; and
(4) 
Furnish the name, address, and telephone number of a licensed alarm company responsible for correcting any malfunction that may occur.
(c) 
Reporting alarm signals through relaying intermediary person.
A permit holder shall not report his alarm signals through a relaying intermediary person that does not meet the requirements of this article.
(1993 Code, sec. 98.04; 2006 Code, sec. 6-4; Ordinance 375 adopted 4/3/95; Ordinance adopting 2015 Code)
(a) 
General responsibilities.
A person who is engaged in the business of relaying alarm notifications to the city shall:
(1) 
Send notification of an alarm to the city by an individual;
(2) 
Keep his business premises locked and secured at all times;
(3) 
Allow an inspection of his business premises by authorized agents of the police chief or the fire chief at any time;
(4) 
Report alarms only to a telephone number, or numbers, designated by the city;
(5) 
Send alarm notifications to the city in a manner and form determined by the city;
(6) 
Maintain sufficient staff to ensure that valid alarms are relayed immediately to the city;
(7) 
Inform their customers of permit requirements; and
(8) 
Relay current permit numbers with all alarms.
(b) 
Service fee.
An alarm system company may be assessed a service fee as established in the adopted fee schedule in appendix A of this code for each incorrect permit number relayed to the city with an alarm notification. Notification of any such assessment and appeal therefrom shall be as provided for in section 6.03.002(g). Any service fee assessed under the provisions of this section must be paid within 30 days after receipt of notice that it has been assessed by the chief. If the assessed fees become 90 days delinquent, a ten percent late charge will be added.
(1993 Code, sec. 98.05; 2006 Code, sec. 6-5; Ordinance 375 adopted 4/3/95; Ordinance adopting 2015 Code)
(a) 
A person in control of a local alarm must:
(1) 
Adjust the mechanism so that an alarm signal will sound for no longer than 20 minutes after being activated;
(2) 
Display in a prominent exterior location an identification notice provided by the chief; and
(3) 
Come to the alarm site within 30 minutes after receiving a request from a member of the police department or the fire department to do so and grant access to the site and deactivate the alarm if necessary.
(b) 
If a mechanism sounds an alarm signal for longer than 30 minutes after notification is made, the chief of the police department, the chief of the fire department or their designated representatives are authorized to enter the building to disable the alarm. All costs of the city in disabling such an alarm shall be assessed to the operator of the alarm system and shall be paid to the city within 30 days after the operator has received notice that the costs have been assessed. Application for a permit under the provisions of this article constitutes a grant of approval by the operator of the alarm system for the city to deactivate the local alarm system under the provisions of this subsection.
(c) 
A person in control of a local alarm or alarm system that causes an alarm notification to be sent directly to the city shall adjust or modify the mechanism so that upon activation the system will transmit only one alarm signal and will not transmit another alarm signal without first being manually reset at the alarm site.
(1993 Code, sec. 98.06; 2006 Code, sec. 6-6; Ordinance 375 adopted 4/3/95)
(a) 
The chief shall not consider an alarm notification to be false if he determines that the alarm was caused by:
(1) 
A natural or man-made catastrophe;
(2) 
Severe weather that causes physical damage to the premises;
(3) 
Vandalism;
(4) 
Telephone line outage;
(5) 
Attempted entry or attempted robbery; or
(6) 
In high-risk of loss of life occupancies such as hotels, motels, hospitals, nursing homes, residential care facilities, educational uses including day care centers, and theaters where a fire alarm was:
(A) 
Caused by undetermined means; or
(B) 
Caused by conditions not under control of the building management such as manual false alarms, or smoking.
(b) 
The determination of the chief in classifying an alarm notification as false or actual is final.
(1993 Code, sec. 98.08; 2006 Code, sec. 6-7; Ordinance 375 adopted 4/3/95)
A permit holder must pay any service fee assessed under the provisions of this section in accordance with the adopted fee schedule in appendix A of this code.
(1) 
Burglar and robbery alarms.
A permit holder will be assessed a fee for the signaling of a false alarm by a burglar/robbery alarm system in excess of three false alarms which have occurred during the previous 12-month period. This fee will be determined by the city council from time to time and as printed in appendix A to this code for each such false alarm in excess of three false alarms.
(2) 
Fire alarms.
A permit holder will be assessed a fee for the signaling of a false alarm by a fire alarm system in excess of three false alarms which have occurred during the previous 12-month period. This fee will be determined by the city council from time to time and as printed in appendix A to this code.
(3) 
Medical assistance alarms.
A permit holder will be assessed a fee for the signaling of a false alarm by a medical assistance alarm system in excess of three false alarms which have occurred during the previous 12-month period. This fee will be determined by the city council from time to time and as printed in appendix A to this code.
(4) 
Emergency assistance/personal distress alarms.
A permit holder will be assessed a fee for the signaling of a false alarm by an emergency assistance/personal distress alarm system in excess of three false alarms which have occurred during the previous 12-month period. This fee will be determined by the city council from time to time and as printed in appendix A to this code.
(1993 Code, sec. 98.09; 2006 Code, sec. 6-8; Ordinance 375 adopted 4/3/95; Ordinance 09-05-801, sec. 2, adopted 5/18/09; Ordinance adopting 2015 Code)
The chief shall suspend or refuse to renew an alarm system permit for failure to pay any service fee.
(1993 Code, sec. 98.10; 2006 Code, sec. 6-9; Ordinance 375 adopted 4/3/95)