Alarm site.
The single premises or location (one (1) street address)
served by an alarm system or systems that are under the control of
one (1) registration holder.
Alarm system.
A device or system that emits, transmits, or relays signals
intended to summon, or that would reasonably be expected to summon,
police or fire services of the city, including but not limited to
local alarms. Alarm systems will not include:
(1)
An alarm installed in a vehicle unless the vehicle is permanently
located at a site; or
(2)
An alarm designed to alert only the inhabitants of premises
which do not have a local alarm.
Audible on-site alarm.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure.
Burglar alarm notification.
A notification intended to summon the police which is triggered
manually or by an automated system warning of an intrusion.
Chief.
The chief of the fire or police department or his/her authorized
representative.
False alarm.
The activation of any alarm system which was not the result of an emergency or threat of an emergency of the kind for which the alarm system was designed to give notice nor the result of a severe weather condition or power failure that causes physical damage to or the malfunction of the alarm system, subject to section
4-13-7(b) and to appeal procedures.
False alarm notification.
An alarm notification to the police or fire department, subject to section
4-13-7(b), when the responding officer finds no evidence of an attempted criminal offense or fire or threat of fire, or if there is or is not a criminal offense to which the police or fire department responds and the registration holder or his or her representative who issues the notification does not respond within thirty (30) minutes of notification. The person in control of the property is obligated to immediately notify the city police department or fire department and advise whether or not a key carrier is en route.
Fire alarm notification.
A notification to the fire department intended to summon
firefighting forces which is triggered manually or by an alarm system
designed to react to any of the visual or physical characteristics
of a fire.
Local alarm.
An alarm system that emits a signal at an alarm site which
is audible and/or visible from the exterior of a structure.
Person.
An individual, corporation, partnership, association, organization,
governmental entity or similar entity.
Robbery.
The offense committed when a person in the course of committing
theft with the intent to obtain or maintain control of the property
of another intentionally causes, threatens or places another in fear
of bodily injury or death.
Robbery alarm notification.
A notification intended to summon the police when a robbery
occurs by means of an alarm system designed to be purposely activated
by a human.
Registration holder.
The person designated in the registration as required in section
4-13-31 who is ultimately responsible for responding to an alarm and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and the payment of fees.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-40)
(b) A person
who violates any of the above-listed provisions is guilty of a separate
offense for each day or portion of a day during which the violation
is committed, continued, or permitted, and each offense is punishable
by a fine of not more than five hundred dollars ($500.00).
(c) 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 in behalf of the corporation, partnership,
or other association, and acting within the scope of his/her employment.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-48)
(a) The
person in control of the property in which the alarm system is installed
shall train all persons who may activate the alarm system in the proper
operation and deactivation of the alarm system.
(b) Any
person in control of the property in which an alarm system is installed
who is notified of the activation of an alarm system shall come to
the alarm site within thirty (30) minutes of the time such person
is notified of such activation and shall provide the police or fire
department with the necessary access to the building. The person in
control of the property is obligated to immediately notify the city
police department or fire department and advise whether or not a key
carrier is en route. Failure to respond to the site will result in
a false alarm determination.
(c) The
city will respond to proper notification of activation of an alarm
system without charge except:
(1) The person in control of the property on which an alarm system is
installed will be charged an administrative fee of fifty dollars ($50.00)
when he, his agent or his employee intentionally activates the alarm
system for any reason other than any emergency or threat of an emergency
of the kind for which the alarm system was designed to give notice.
The alarm installer or his agent may test the fire alarm, if prior
notification is given to the fire department for fire alarms only,
for routine maintenance without charge or fee;
(2) If a mechanism sounds an alarm signal for longer than twenty (20)
minutes after being activated, and the city ordinance or state law
prohibits such noise, the chief or designated representatives are
authorized to disable the alarm. All reasonable cost to the city in
disabling such alarm shall be assessed to the permit holder of the
alarm system and shall be paid to the city within thirty (30) days
after the operator has received notice that the costs have been assessed.
Registration under the provisions of this article constitutes a grant
of approval by the registration holder of the alarm system for the
city to deactivate the local alarm system under the provisions of
this subsection.
(d) A person
in control of property on which an alarm system is installed shall
maintain, at each alarm site, a complete set of written operating
instructions for each alarm system. Special codes, combinations or
passwords should not be included in these instructions.
(e) An
intermediary who is engaged in the business of relaying alarm notifications
to the city shall:
(1) Report alarms only over special trunklines designated by the chief;
(2) Communicate alarm notifications to the city in a manner and form
determined by the chief;
(3) Be licensed by the private security bureau if required by state law.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 1, adopted 9/27/94; 1957
Code, sec. 9-42)
(a) It
shall be unlawful for any person to install, cause to be installed
or permit to be installed any alarm system or operate any alarm system
unless the requirements of this section are met.
(b) Any
alarm system which may be activated as a result of different types
of emergency situations shall give a unique signal to designate activation
as a result of a robbery, a burglary, a fire or other type of emergency
situations, so that the proper notification and proper response can
be made.
(c) Any
audible local alarm system, except a fire alarm system, shall have
a twenty-minute shutoff and shall not make a sound similar to that
of a siren of an emergency vehicle or a civil defense warning system.
There shall be an exception to this subsection for an alarm system
without a twenty-minute shutoff which is operating on the effective
date of this section. Such an existing alarm system need not comply
with this subsection for a period of twelve (12) months from the effective
date of this article.
(d) No
robbery alarm which can cause an inadvertent activation shall be installed;
and any robbery alarm shall be designed so it can be activated only
by intentional and deliberate human actions, which may include a money
clip, pressure pad, or similar device if properly installed.
(e) No
person shall operate, install, cause to be installed or permit the
installation of any alarm system equipped with an automatic dialing
device unless the device is connected directly to a third party, who
shall screen the alarms before calling the police or fire department.
For the purposes of this subsection, an automatic dialing device is
any device connected to any alarm system which automatically sends
a prerecorded message indicating the activation of the alarm system
to the police or fire department. There shall be an exception to this
subsection that a person in control of property upon which an alarm
system is operating on the effective date of this article shall not
be deemed in violation of this subsection for a period of three (3)
months from the effective date of this article.
(f) No
person shall intentionally activate an alarm system for any purpose
other than an emergency or threat of an emergency of the kind for
which the alarm system was designed to give notice; provided, however,
it shall be an affirmative defense to prosecution under this section
that the alarm system was sounded internally only 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 police department,
fire department, or other department of the city.
(g) The
sensitivity of any alarm system will be set at levels so that the
alarm will not be activated by changes in atmospheric conditions,
noise, exterior motion or sunlight.
(h) All
contractors that install, or cause their agents to install, any alarm
system shall meet all applicable state requirements as to licenses,
registrations, and certifications.
(i) No
person shall use, or cause or permit to be used, any alarm device
which automatically selects a telephone trunkline of the police department
of the city or 911, and then reproduces any prerecorded voice messages
to report any robbery, burglary, or other emergency.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-43)
(a) The
chief may set reasonable standards and procedures to be followed by
the permit holder or telephone answering service when giving notice
to the police or fire department of activation of an alarm system.
(b) The
officer or appropriate fire department personnel responding to an
alarm call resulting from an attempted criminal offense, fire emergency
or false alarm notification shall record such information necessary
to permit the chief of his/her respective department to maintain records,
including but not limited to the following information:
(1) Identification of the registration holder;
(2) Identification of the alarm site;
(3) The time the officer is dispatched to the alarm site, the time the
officer arrives at the site and the time he/she is cleared from the
site;
(6) Area and subarea description;
(7) Name of the permit holder’s representative on the premises,
if any;
(8) Whether or not the call was a false alarm.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-44)
Whenever any person, partnership, or corporation conducts the
business of installing, servicing, or maintaining alarm systems at
alarm sites within the limits of the city, such entities shall:
(1) Insure
that sufficient personnel or contractors are available to provide
service and to repair any alarm system installed and maintained. Such
repair shall be completed within seventy-two (72) hours after notification
from any person in control of the alarm site.
(2) Keep
and maintain a written record of the date and time of repair and description
of the specific repair which was performed on any alarm system when
such repair was made in response to notification by the person in
control of the property or by an employee of the city that such alarm
system was in need of repair; such written record shall be maintained
for at least two (2) years and shall be made available during the
regular business hours of said entities for the inspection and duplication
by any employee of the city as directed by the city manager or the
chief.
(3) It shall be an offense if an installer who is not required to register as provided by section
4-13-31 installs an alarm system in the city and fails to file with the police department a notice that specifies the same information as required by section
4-13-31(c).
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-45)
(a) If
a person has more than five (5) false police alarms or more than two
(2) false fire/EMS alarms within a 365-day period, he or she shall
be assessed an administrative fee of fifty dollars ($50.00) for each
violation over the allotted five (5) police alarms or two (2) ambulance
or fire false alarms.
(b) A false alarm is defined in section
4-13-1 (definitions) of this article and is subject to the following procedure:
(1) The designated police or fire personnel assigned to respond to an
alarm site will make the initial determination as to whether or not
the alarm notification is false. This officer will prepare a report
for the chief or his/her representative. The chief or his/her representative
will make the final determination of whether or not the alarm notification
is false. The determination of the chief shall be final;
(2) A false alarm will not be considered to have occurred unless a response
is made by the police or fire department within thirty (30) minutes
of the alarm notification and the designated police or fire personnel
assigned to respond to the alarm site determine from an inspection
of the interior or exterior of the premises that the alarm was false;
(3) The police department and/or fire department will maintain records
necessary to carry out the provisions of this article concerning the
alarms under their jurisdictions.
(c) A person
shall have five (5) days after notification of a false alarm to appeal
such determination. In making a determination on the appeal, the chief
may take into consideration exigent circumstances.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-46)
(a) A
person commits an offense if he operates or causes to be operated
an alarm system without an alarm registration approved by the chief.
A separate registration is required for each alarm site. The fire
chief will approve all fire alarm registrations and the police chief
will approve all other types of alarm registrations.
(b) Upon
receipt of a properly completed registration form showing compliance
with all other sections of this article, the chief shall approve an
alarm registration of a person, unless the person has failed to pay
a service fee assessed or has had an alarm registration for the alarm
site revoked, and the violation causing the revocation has not been
corrected.
(c) Each
application for registration must contain the following information:
(1) Name, address, and telephone number of the person who will be the
registration holder and will be responsible for the proper maintenance
and operation of the alarm system and payment of fees assessed under
this article;
(2) Classification of the alarm site as either residential or commercial;
(3) For each alarm system located at the alarm site, the purpose of the
alarm system, i.e., burglary, robbery, fire, etc., shall be outlined
in the application;
(4) Other information required by the chief, such as the name of the
alarm vendor, which is necessary for enforcement of this article.
(d) Any
false statement of a material fact made by a person for the purpose
of obtaining approval of an alarm registration shall be sufficient
cause for refusal to approve a registration.
(e) An
alarm registration cannot be transferred to another person. A registration
holder shall inform the chief of any change which alters any information
listed on the registration within three (3) business days. No fee
will be assessed for such changes.
(f) Applications
for alarm registration must be accompanied by a non-refundable fee
of $20.00 for residential applications and $25.00 for commercial applications.
(g) All
fees owed to the city by any applicant must be paid before a registration
may be approved or renewed.
(h) A
registration is valid for one (1) year unless revoked for disciplinary
reasons by the city or terminated by the owner. Registrations may
be renewed at the end of the year upon submission of an updated application
and a renewal fee of $15.00 for residential renewals and $20.00 for
commercial renewals. The city shall give a permit holder thirty (30)
days’ notice prior to terminating an alarm registration for
nonrenewal. Notices of termination shall be mailed to the address
contained in the registration application. If a registration is terminated,
a subsequent application shall be considered a new registration.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-41; Ordinance 2012-28 adopted 6/12/12)
(a) The
chief shall revoke an alarm registration if he/she determines that:
(1) The registration holder has made a false statement of a material
fact on the application for a registration;
(2) The registration holder has violated any of the provisions of this
article;
(3) The registration holder has accumulated more than five (5) false
alarms within a 365-day period, and has failed to pay any required
fees;
(4) The permit holder has failed to make payment of the administrative fee listed in section
4-13-7(a) within thirty (30) days after he/she has received written notice of the assessment of the fee.
(b) A
person commits an offense if he/she operates an alarm system during
the period in which his/her alarm registration is revoked or is not
renewed.
(c) Once
a person has had his/her registration revoked, it shall not be reinstated
until that person shows that the conditions which have caused the
permit to be revoked have been alleviated. If the registration for
a person is revoked a second time within any twenty-four-month period
under this article, he or she shall not be eligible for reinstatement
for a period of twelve (12) months from the time of the second registration
revocation.
(d) If
the chief refuses to issue a registration or revokes a registration,
he/she shall send the applicant or registration holder written notice
of his/her action by certified mail, return receipt requested. Included
will be a statement that the action will not become final for thirty
(30) days, during which time the applicant or registration holder
may appeal the decision of the chief to the city manager. Such appeal
may be made by filing a written request, at the city manager’s
office, for a hearing, setting forth the reason(s) for the appeal.
The filing of a request for an appeal hearing with the city manager
stays the action of the chief in revoking or refusing to renew the
registration until the city manager, or his designated representative,
makes a final decision. If a request for an appeal hearing is not
made within the thirty-calendar-day period, the action of the chief
is final and no appeal shall be allowed.
(e) The
city manager or his representative shall serve as the hearing officer
during an appeal and may consider evidence presented by any interested
person. The formal rules of evidence do not apply at the appeal hearing
and the hearing officer shall make the decision on the basis of the
preponderance of the evidence presented at the hearing. The hearing
officer must render a decision within thirty (30) days after the hearing.
The hearing officer shall affirm, reverse or modify the action of
the chief. The decision of the hearing officer is final and no further
right of appeal shall be allowed.
(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957
Code, sec. 9-47)