For the purpose of this article, the following words shall have
the following meanings respectively as set forth:
Alarm notification.
A notification intended to summon the police or fire department,
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 site.
A single premises or location (one street address) 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 or premises from criminal acts or unauthorized entries by
warning persons of a crime or unauthorized entry, or fire through
the emission of a sound or the transmission of a signal or message.
“Alarm system” does not include an alarm installed on
a vehicle unless the vehicle is permanently located at a site.
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 his authorized representative.
False alarm notification.
An alarm notification to the police department, when the
responding officer finds no evidence of unauthorized intrusion, attempted
unauthorized intrusion, robbery, attempted robbery, an attempt to
take a person hostage, or fire.
Licensed installer.
A person, contractor or repairman licensed by the city to
install, repair or maintain an alarm system within the city.
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 section
4.02.002 who is responsible for responding to alarms and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and payment of fees.
Person.
An individual, corporation, partnership, association, organization
or similar entity.
(1987 Code, ch. 3, sec. 13A; 2004
Code, sec. 3.1101; Ordinance adopting 2021 Code)
(a) Permit required.
A person commits an offense if he operates
or causes to be operated an alarm system without an alarm permit issued
by the chief. A separate permit is required for each alarm system.
(b) Fee.
An initial fee as set forth in the fee schedule in appendix
A of this code shall be charged for the issuance of each permit for both residential and commercial. The renewal fee shall be as set forth in the fee schedule in appendix
A.
(c) Issuance.
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
4.02.014 hereof or has had an alarm permit for the alarm system revoked, and the violation causing the revocation has not been corrected.
(d) Application.
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;
(3) For each alarm system located at the alarm site, the purpose of the
alarm system, i.e., burglary, robbery, or personal hostage robbery
or fire;
(4) Other information required by the chief which is necessary for the
enforcement of this article.
(e) False statements in application.
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.
(f) Transfer; changes of information.
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
(2) business days. No fee will be assessed for such changes.
(g) Cancellation by permit holder.
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.
(h) Payment of fees.
All fees owed by an applicant must
be paid before a permit may be issued or renewed.
(1987 Code, ch. 3, sec. 13B; 2004
Code, sec. 3.1102; Ordinance adopting 2021 Code)
A permit is issued for one (1) year and must be renewed every
year upon submission of an updated application. It is the responsibility
of the permit holder to submit an application prior to the permit
expiration date. The chief shall determine the first expiration date
of a permit.
(1987 Code, ch. 3, sec. 13C; 2004
Code, sec. 3.1103)
(a) The
chief shall revoke an alarm permit if he determines that:
(1) There is a false statement of a material matter on the application
for a permit;
(2) The permit holder has violated any part of this article;
(3) The permit holder has failed to make payment of a service fee assessed under section
4.02.014 hereof within thirty (30) days of receiving notice to do so.
(b) A
person commits an offense if he operates an alarm system during the
period in which his alarm permit is revoked.
(1987 Code, ch. 3, sec. 13D; 2004
Code, sec. 3.1104)
(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 manager or his/her designee
by written request for a hearing, setting forth the reason for the
appeal, within ten (10) days after receipt of the notice from the
chief. The filing of a request for an appeal hearing with the city
manager or his/her designee stays an action of the chief in revoking
a permit until the city manager or his/her designee or his or her
designated representative 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 his/her 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 manager or his/her
designee, or his or her representative, shall serve as hearing officer
at an 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 present evidence and shall have the right of cross-examination.
The hearing officer shall make his decision on the basis of a preponderance
of the evidence within fifteen (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 hearing officer shall affirm, reverse,
or modify the action of the chief. The decision of the hearing officer
is final as to administrative remedies with the city.
(1987 Code, ch. 3, sec. 13E; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 3.1105)
(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 chief 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 for no longer than
thirty (30) minutes after being activated.
(1987 Code, ch. 3, sec. 13F; 2004
Code, sec. 3.1106)
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.
(1987 Code, ch. 3, sec. 13G; 2004
Code, sec. 3.1107)
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) Comply
with the requirements of this article and any rules and regulations
promulgated by the chief.
(1987 Code, ch. 3, sec. 13H; 2004
Code, sec. 3.1108)
Following the effective date of this article, no permit will
be issued for the use of systems using automatic telephone dialing
to report an alarm condition by means of a recorded message directly
to the police department.
(1987 Code, ch. 3, sec. 13I; 2004
Code, sec. 3.1109)
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.
(1987 Code, ch. 3, sec. 13J; 2004
Code, sec. 3.1110)
(a) License required; fee.
No person, firm or corporation shall engage in, conduct or carry on the business of installing, causing to be installed, maintaining, servicing, repairing, altering, replacing or moving in or on any building, place, or premises with the city, any device known as a burglar or hold-up alarm, without first being registered and licensed with the state, or licensed by the city, and then having made application and received a permit for the installation of new alarms or the repair of existing alarms that have not theretofore been permitted. An installer, constructor or repairman may be issued a license by making application to the city and paying the required fee as set forth in the fee schedule in appendix
A of this code. Homeowners may obtain a homeowner’s license for a fee as set forth in the fee schedule in appendix
A.
(b) Issuance of license.
A license shall be issued upon
written application to the city or its designated agent. A license
shall not be issued to any person convicted of a felony or misdemeanor
involving moral turpitude.
(c) Term of license.
A license shall be valid for a period
not to exceed one (1) year.
(d) Transfer of license.
The license issued hereunder is
nontransferable.
(e) Employment of certain persons prohibited.
No burglar
alarm system contractor or installer shall employ an individual who
has been convicted of a felony or misdemeanor involving moral turpitude.
However, any burglar alarm system contractors desiring to avail themselves
of knowledge and expertise of a person who has been convicted of a
felony or misdemeanor involving moral turpitude must first receive
prior approval to hire such individuals from the chief of police.
(f) Suspension, revocation or denial.
Any such license may
be revoked, suspended or denied renewal for cause, which shall include
the following:
(1) Conviction of a felony or any offense involving moral turpitude;
or
(2) Violation of an provision of this article.
(g) Users to be informed of permit requirement.
Installers
of alarm systems shall make the user aware that a permit must be obtained
from the city, for which a fee is required.
(h) Instructions to user.
The installer shall also instruct
the user regarding the operation of the system, including but not
limited to the criteria for use of the police alert button device,
stressing it is for the summoning of police only in the event of a
real and immediate threat to life.
(i) Violations.
The installer shall not install an alarm
system contrary to the provisions of this article. Alarm systems that
are installed that are contrary to the provisions of this article
are in violation of this article for the day the alarm system is installed
and each day or portion of a day thereafter are separate offenses
until the alarm system adheres to the provisions of this article.
(j) Prevention of accidental activation.
Any keyless configuration
activating or deactivating device which contains only a single button
to activate a police alert alarm shall provide for a design of such
equipment that accidental activation will not occur and that activation
is a deliberate act.
(k) Delay code.
Alarm systems shall include a delay code
which will be so engineered so as an alarm will not be sent due to
momentary breaks in electrical current caused by lightning.
(l) Electrical equipment.
All electrical equipment used
for the installation of alarm systems shall be Underwriters’
Laboratories Inc., approved.
(1987 Code, ch. 3, sec. 13K; Ordinance 799, sec. 3, adopted 7/12/05; 2004 Code, sec. 3.1111; Ordinance
adopting 2021 Code)
(a) The
police dispatcher receiving the alarm notification and/or the police
officer responding to a dispatch resulting from a burglar, robbery,
personal hostage or fire alarm notification shall cause to be recorded
in the police information systems such information as necessary to
permit the 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;
(5) Name of the permit holder’s representative on the premises,
if any.
(b) The
responding police officer shall prepare and submit the appropriate
reports in regard to any criminal offenses, attempts, fire or other
incidents which contributed to the alarm notification as determined
by investigation.
(1987 Code, ch. 3, sec. 13L; 2004
Code, sec. 3.1112)
(a) If
there is reason to believe that an alarm system is not being used
or maintained in a manner that insures proper operation and suppresses
false alarms, the chief may require a conference with an alarm permit
holder to review circumstances of each false alarm.
(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.
(1987 Code, ch. 3, sec. 13M; 2004
Code, sec. 3.1113)
(a) Except as provided in subsections
(b),
(c), and
(d) below, the holder of an alarm permit shall pay a service fee as set forth in the fee schedule in appendix
A of this code for each false alarm notification emitted from an alarm system that is in excess of five (5) false alarms during the preceding twelve (12) 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 sixty (60) 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 unauthorized intrusion, attempted unauthorized intrusion,
robbery, attempted robbery, an attempt to take a person hostage, or
fire (to include smoke), 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.
(1987 Code, ch. 3, sec. 13N; 2004
Code, sec. 3.1114; Ordinance adopting 2021 Code)
(a) For
the purpose of enforcing the provisions of this article, the city
or its designated agent shall have the authority, at reasonable oral
notice, to enter any premises in the city in or upon which the alarm
system subject to this article is located, to inspect the installation
and operation of such alarm system.
(b) If
such inspection reveals any violations of provisions of this article,
a written report detailing such violations shall be promptly sent
to the owner, lessors, or other person responsible for the alarm system.
Such report shall require the correction within thirty (30) days after
receipt of a notice of the violation discovered, and shall state that
a failure to comply may result in permit being suspended.
(c) It
shall be unlawful to continue to operate such alarm system until the
violation is corrected.
(d) The
city or its designated agent shall have the authority to revoke or
suspend the operation of an alarm system if the inspection reveals
violations of this article which are not corrected.
(1987 Code, ch. 3, sec. 13O; 2004
Code, sec. 3.1115)
The application to the city or its designated agent shall contain
a provision that the city shall not be liable for any failure of service
or damages, including damages resulting from breaking to gain entrance,
that might result from the installation or operation of any receiving
station alarm, automatic dialing device, or local alarm. All applicants
must agree to indemnify the city for all claims, demands, judgments,
and liability.
(1987 Code, ch. 3, sec. 13P; 2004
Code, sec. 3.1116)
It shall be unlawful for any person, corporation, partnership or other association to violate any of the provisions of this article, and any such person, corporation, partnership or other association which 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 in accordance with the general penalty provision set forth in section
1.01.009 of this code.
(1987 Code, ch. 3, sec. 13Q; 2004
Code, sec. 3.1117)
(a) Applicability.
This article shall apply to any person
who operates or causes to be operated an alarm system at any alarm
site.
(b) Systems operated by governmental entity.
This article
shall not apply to alarm systems operated by local, state or federal
governmental entities.
(c) Existing systems.
Alarm systems which are presently
in operation within the city must be approved and a permit issued
in accordance with this article within sixty (60) days from the effective
date of this article. The person operating such system shall remove
and cause it to be inoperative unless a permit is issued.
(1987 Code, ch. 3, sec. 13R; 2004
Code, sec. 3.1118)