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 notification.
A notification intended to summon the police, 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.
Alarm site.
A single premises or location (one street address) to include suites, sections, or units served by an alarm system or systems that are under the control of one owner.
Alarm system.
Any mechanical or electrical device which is used to protect buildings, premises, or persons from criminal acts, unauthorized entries, or fire by warning persons of a crime, unauthorized entry, or fire through the emission of a sound or the transmission of a signal or message intended to summon the police or fire department of the city in response to a burglary, robbery, or fire. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include:
(1) 
An alarm installed on a vehicle unless the vehicle is used for a habitation at a permanent site; or
(2) 
An alarm designed to alert only the inhabitants within the premises which does not have a local alarm.
Applicant.
The person applying to be a permit holder pursuant to this article.
Automatic alarm notification.
An alarm notification sent over telephone lines, by direct connection or otherwise, a prerecorded voice message, synthesized voice message, or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
Central station.
An office to which remote and supervisory signaling devices are connected, where operators supervise the circuits, and/or where guards are maintained continuously to investigate signals.
Chief.
The chief of police of the city or the chief’s authorized representative.
Local alarm.
An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure.
Permit holder.
The person designated in the application as required in this article upon whom a duty or responsibility is imposed.
(Ordinance 443 adopted 3/3/94; Ordinance 511-A adopted 1/13/98)
(a) 
A person who operates or causes to be operated an alarm system at an alarm site which is a one-family or two-family dwelling is not required to obtain a permit until after an alarm notification has been received based upon an alarm signal from the system.
(b) 
Other governmental entities that operate alarm systems in the city are required to obtain a permit; except, that they are not required to pay permit fees or service fees. No permits shall be required of state and federal governmental entities.
(Ordinance 443 adopted 3/3/94)
(a) 
A person commits an offense if the person operates or causes to be operated an alarm system without a valid alarm permit issued by the chief, except as provided in section 4.04.002(a). A separate permit is required for each alarm system at each alarm site, except multifamily dwellings, apartment buildings, or apartment complexes, for which a permit is issued pursuant to subsection (c).
(b) 
A fee of $25.00 shall be charged for the issuance of each permit other than permits issued pursuant to subsection (c) of this section.
(c) 
A multifamily dwelling, apartment building, or apartment complex, in lieu of the fee imposed by subsection (b), may obtain a permit for each 100 units or less and pay a fee of $50.00 for each permit.
(d) 
Upon receipt of a completed application form and the required fee, the chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under section 4.04.014 or has had an alarm permit revoked, and the violation causing the revocation has not been corrected.
(e) 
Each permit application must contain the following information:
(1) 
Name, address and telephone number of the permit holder who 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, and if the alarm site is an apartment, including the building number and apartment number, if so numbered;
(3) 
For each alarm system located at the alarm site the purpose of the alarm system, i.e., unauthorized intrusion, burglary, robbery, fire or personal hostage or robbery;
(4) 
Other information required by the chief which is necessary for the enforcement of this article.
(f) 
Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
(g) 
An alarm permit cannot be transferred to another alarm system except by authorization of the chief. A permit holder shall inform the chief of any change that alters any information listed on the permit application within two business days of the change. No fee will be assessed for such changes.
(h) 
A permit holder shall cancel a permit for any alarm system which is removed from an alarm site or which otherwise ceases to come under the permitting requirements of this article. Cancellation may be accomplished by returning the permit to the chief.
(i) 
All fees owed by an applicant must be paid before a permit may be issued or renewed.
(j) 
No permit fee shall be required for a permit obtained for an alarm system at a one-family or two-family dwelling when the alarm site is determined by the chief to be occupied by a low-income family. In making this determination, the chief shall consult applicable U.S. government guidelines for housing and other assistance, and may require the applicant to furnish appropriate documentation regarding household income.
(Ordinance 443 adopted 3/3/94; Ordinance 511-A adopted 1/13/98)
(a) 
The chief shall revoke an alarm permit if he determines that:
(1) 
There is a false statement of a material matter in the application for a permit;
(2) 
The permit holder has violated section 4.04.003, 4.04.006(c), 4.04.007, 4.04.008, 4.04.009 or 4.04.010; or
(3) 
The permit holder has failed to make payment of a service fee assessed under section 4.04.014 within 30 days of receiving notice to do so.
(b) 
A person commits an offense if the person operates an alarm system during the period in which the person’s alarm permit is revoked.
(Ordinance 511-A adopted 1/13/98)
(a) 
If the chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city council by filing with the city manager or designee a written request for a hearing, setting forth the reasons for the appeal, within 10 days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager or designee stays an action of the chief in revoking a permit until the city council makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final.
(b) 
The city manager or designee shall set a time and place for the hearing, which shall be served upon the applicant or permit holder by certified mail, return receipt requested. The city council shall hear any appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing. All parties to the hearing shall have the right to present evidence and shall have the right to cross-examination. The city council shall make a decision on the basis of a preponderance of the evidence within 15 days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The city council shall affirm, reverse or modify the action of the chief. The decision of the city council is final as to administrative remedies with the city.
(Ordinance 1239-2019, sec. 21, adopted 8/13/19)
(a) 
An alarm permit is issued for two years and must be renewed every two years upon submission of an updated application and the required permit fee. It is the responsibility of the permit holder to submit an application and the required permit fee prior to the permit expiration date. The chief shall determine the first expiration date of a permit.
(b) 
A permit shall not be renewed if the applicant has past due, outstanding service fees at another alarm site for which he is the permit holder unless the service fees are under review in an appeal pursuant to this article.
(c) 
The permit holder for an alarm system shall keep the permit at the alarm site and shall produce the permit for inspection upon request of any member of the police department.
(Ordinance 443 adopted 3/3/94)
(a) 
A permit holder shall:
(1) 
Maintain the premises containing an alarm system in a manner that insures proper operation of the alarm system;
(2) 
Maintain the alarm system in a manner that will minimize false alarm notifications;
(3) 
Respond or cause a representative to respond within a reasonable period of time when requested 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;
(5) 
Notify the police department prior to activation of an alarm for maintenance purposes.
(b) 
A permit holder shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound no longer than 30 minutes after being activated.
(Ordinance 443 adopted 3/3/94)
A permit holder of an alarm system that utilizes a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that, upon activation, the local alarm will not transmit another alarm signal without first being reset.
(Ordinance 443 adopted 3/3/94)
A person who is engaged in the business of relaying alarm notifications to the city shall:
(1) 
Communicate alarm notifications to the city in a manner and form determined by the chief;
(2) 
Provide local or toll free call-back telephone numbers when requested by the police department;
(3) 
Contact a representative of the alarm site when requested by the police department; and
(4) 
Comply with all other requirements of this article and any rules and regulations promulgated by the chief.
(Ordinance 511-A adopted 1/13/98)
An alarm system shall not transmit automatic alarm notifications directly to the city, except an alarm system located in the facility of a governmental entity or a financial institution.
(Ordinance 511-A adopted 1/13/98)
A permit holder shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations or passwords must not be included in these instructions.
(Ordinance 443 adopted 3/3/94)
(a) 
The dispatcher receiving the alarm notification or the police officer or firefighter responding to a dispatch resulting from a burglary, robbery, fire or personal hostage or robbery alarm notification shall cause to be recorded in the police or fire information systems such information as necessary to permit the chief of police or fire chief to maintain records, including but not limited to the following information:
(1) 
Identification of the permit holder;
(2) 
Identification of the alarm site;
(3) 
Dispatcher received time, dispatch time and officer arrived at scene time;
(4) 
Date of occurrence;
(5) 
Name of permit holder’s representative on premises, if any.
(b) 
The responding police officer shall prepare and submit the appropriate reports in regard to any criminal offenses, attempts or other incidents which contributed to the alarm notification as determined by investigation.
(Ordinance 511-A adopted 1/13/98)
(a) 
If there is a reason that an alarm system is not being used or maintained in a manner that insures proper operation and suppresses false alarm notifications, the chief may require a conference with an alarm permit holder to review circumstances of each alarm notification.
(b) 
If there is belief that an alarm is the result of circumstances beyond the reasonable control of the permit holder, the permit holder or the permit holder’s representative may request a conference with the chief.
(c) 
If the chief determines that an alarm is the result of circumstances within the reasonable control of the permit holder, the permit holder or the permit holder’s representative may request an appeal to the city council. The permit holder may appeal the decision of the chief to the city council by filing with the city manager or designee a written request for an appeal, within 10 days after the conference with the chief. The filing of a request for an appeal hearing with the city council stays an action of the chief until the city council makes a final decision. If a request for an appeal hearing is not made within the 10-day period, the action of the chief is final. An appeal hearing under this subsection shall be subject to the procedures provided by section 4.04.005(b).
(Ordinance 443 adopted 3/3/94; Ordinance 1239-2019, sec. 22, adopted 8/13/19)
(a) 
Except as provided in subsections (b), (c), (d), (e), and (f) of this section, the holder of an alarm permit or the user of an alarm system at an unpermitted site shall pay a service fee of $30.00 for each burglary alarm notification emitted from an alarm system that is in excess of five alarms within any twelve-month period and $60.00 for each robbery or other manually activated alarm notification emitted from the alarm system that is in excess of two alarms within any twelve-month period.
(b) 
If a person notifies the chief and applies for an alarm permit before a new alarm system is put into service, no service fee will be assessed during the first 30 days after the system is put into service, and alarm notifications during that period will not be counted in determining when a service fee will be assessed.
(c) 
If the responding police officer determines that an alarm notification was caused by fire, smoke, unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or an attempt to take a person hostage, that notification will not be counted in determining when a service fee will be assessed.
(d) 
An alarm notification will not be counted in determining when a service fee will be assessed if the permittee can prove that the alarm notification was the result of a severe weather condition, such as a tornado, hurricane or earthquake or other weather condition that causes physical damage to the alarm site, or the result of a malfunction in the operation of telephone lines for the transmission of alarm signals, proof of the latter being documented in the form of telephone company work orders or time stamped records from the alarm company showing the periods of interrupted service.
(e) 
An alarm notification will not be counted in determining when a service fee will be assessed if more than 30 minutes elapses between the time the police department’s communications division receives the notification and the time a responding officer arrives at the location of the alarm notification.
(f) 
Except as provided in subsections (b), (c), (d), and (e) of this section, the holder of an alarm permit issued under section 4.04.003(j) of this article, a “low income permit,” shall pay a service fee of $15.00 for each burglary alarm notification emitted from an alarm system that is in excess of five alarms within any twelve-month period and $30.00 for each robbery or other manually activated alarm notification emitted from such alarm system that is in excess of two (2) alarms within any twelve-month period.
(Ordinance 443 adopted 3/3/94; Ordinance 511-A adopted 1/13/98)
(a) 
A person commits an offense if he violates by commission or omission any provision of this article that imposes upon him a duty or responsibility.
(b) 
A person who violates a provision of this article 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 $500.00 but not less than $50.00 upon first conviction and not less than $75.00 upon second and subsequent convictions.
(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 within the scope of his employment.
(Ordinance 443 adopted 3/3/94)