[HISTORY: Adopted by the City Council of the City of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 134 of the 2000 Code; amended in its entirety 3-23-2023 by Ord. No. 23-02]
The purpose of this article is to provide minimum standards
and regulations applicable to burglar and holdup alarm systems, alarm
businesses, alarm agents and alarm users as defined in this article.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
An assembly of equipment and devices (or a single device
such as a solid-state unit), arranged to signal the presence of a
hazard requiring urgent attention, and to which police or alarm agents
are expected to respond. In this article, the term "alarm system"
includes the terms "automatic holdup alarm system," "burglar alarm
system," "holdup alarm system" and "manual holdup alarm system," as
those terms are hereinafter defined. Alarm systems which monitor temperature,
humidity or any other condition not directly related to the detection
of an unauthorized intrusion into a premises are specifically excluded
from the provisions of this article.
Any person or business on whose premises an alarm system
is maintained within the City, except for alarm systems on motor vehicles
or proprietary systems. If, however, an alarm system on a motor vehicle
is connected with an alarm system at a premises (other than a proprietary
system), the person or business using such a system is an alarm user.
Also excluded from this definition and from the coverage of this article
are persons who use alarm systems to alert or signal persons within
the premises in which the alarm system is located of an attempted
unauthorized intrusion or holdup attempt. If such a system, however,
employs an audible signal, emitting sounds or a flashing light or
beacon designed to signal persons outside the premises, such system
is within the definition of an "alarm system" and shall be subject
to this article.
An alarm system in which the signal transmission is initiated
by the action of a person.
An alarm system signaling an entry or attempted entry into
the area protected by the system.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner
or lessee of an alarm system or of their employees or agents. Such
terminology does not include, for example, alarms caused by hurricanes,
tornadoes, earthquakes or other violent conditions.
[Amended 8-17-2023 by Ord. No. 23-21]
An alarm system signaling a robbery or attempted robbery.
An alarm system in which the signal transmission is initiated
by the direct action of the person attacked, or by an observer of
the attack.
An alarm system sounding and/or recording alarm signals at
a control center located within the protected premises, the control
center being under the supervision of the proprietor of the protected
premises. If a proprietary system includes a signal line connected
directly or by means of an automatic dialing device to a police communication
center, a central station, modified central station or answering service,
it thereby becomes an "alarm system" as defined in this article.
The transmission line through which the signal passes from
one of the elements of the signal transmission to another.
A.
An alarm user will be charged
a fee for each false alarm to which the Police Department responds
pursuant to the false alarm charge schedule adopted by resolution
of the Council.
B.
If any alarm user fails to pay
a false alarm charge within 30 days after being billed, the Police
Chief may issue written notice by ordinary mail of their intentions
to refuse to authorize response by Police Department personnel to
future alarms from the alarm user's alarm system.
C.
An alarm user who is disconnected
shall be entitled to a hearing. Written notice of the time and place
of the hearing shall be served on the alarm user by the Police Chief
by ordinary mail at least 10 days prior to the date set for the hearing.
D.
At the hearing before the Police
Chief, the alarm user or their authorized representative shall have
the right to confront and examine witnesses and to present evidence
as to their delinquency. After the hearing, the Police Chief may refuse
to respond to future alarms from that alarm user's alarm system, or
may withdraw the notice if they are satisfied there is no delinquency.
[Amended 8-17-2023 by Ord. No. 23-21]
E.
Any alarm user whose alarm system
the Police Chief has determined no future response will be made pursuant
to this section shall have the right, within 10 days after receiving
notice of said action from the Police Chief, to file a written appeal
by ordinary mail or hand delivery with the Council, and no alarm user
shall be required to discontinue use of their alarm system prior to
the expiration of such ten-day period. Such appeal shall set forth
the specific ground or grounds on which it is based. The Council shall
hold a hearing on the appeal and shall cause the appellant to be given
at least seven days' written notice of such hearing. At the hearing,
the appellant or their designated representative shall have the right
to present written or oral argument, or both, in support of the appeal.
The Council shall issue its decision within seven days after the hearing.
[Amended 8-17-2023 by Ord. No. 23-21]
A.
An alarm user will be charged
a fee for each false alarm to which the Fire Department responds beyond
two in a calendar year. The fee for false fire alarms shall be established
by City Council resolution.
B.
If any alarm user fails to pay
a false alarm charge within 30 days of billing, the Fire Chief may
issue written notice by ordinary mail of the Fire Chief's intention
to disregard all future alarms relating to the premises of the alarm
user.
C.
An alarm user who is so notified
shall be entitled to a hearing before the Fire Chief. Written notice
of the time and place of the hearing shall be served on the alarm
user by the Fire Chief by ordinary mail at least 10 days prior to
the date set for the hearing.
D.
At the hearing before the Fire
Chief, the alarm user or the alarm user's authorized representative
shall have the right to confront or examine witnesses and to present
evidence as to the delinquency of payment and number of false alarms.
After the hearing, the Fire Chief may order notice of refusal to respond
to future alarms to remain in full force and effect or may withdraw
the notice if the Fire Chief is satisfied that there is no delinquency
or that deficiencies in the alarm system have been corrected.
E.
Any alarm user that the Fire Chief
has determined not to respond to upon future alarms shall have the
right, within 10 days after receiving notice of the action from the
Fire Chief, to file a written appeal, by ordinary mail or hand delivered,
with the Council. This appeal shall set forth the specific ground
or grounds on which it is based. The Council shall hold a hearing
on the appeal and shall cause the appellant to be given at least seven
days' written notice of the hearing. At the hearing, the appellant
or the appellant's designated representative shall have the right
to present written or oral argument, or both, in support of the appeal.
The Council shall issue its decision within 30 days after the hearing.
F.
Whenever the Fire Chief's decision
not to respond to fire alarms is made pursuant to this section and
the same is appealed, the appeal shall operate as a stay of the Chief's
decision. The Fire Department shall respond to fire alarms during
this stay. Should additional false alarms occur during a stay, the
alarm user will be subject to additional fees as set forth in this
section.
[Adopted as Ch. 129 of the 2000 Code]
As used in this article, the following terms shall have the
meanings indicated:
Any mechanical, electrical, visual or radio-controlled device
which is designed to be used for the detection of any unauthorized
entry into a building, structure or facility, or both, which emits
a sound or transmits a signal or message when activated. Without limiting
the generality of the foregoing, alarm systems shall be deemed to
include audible/visual alarms at the site of installation of the detection
device, proprietor alarms and automatic telephone direct-dial devices
or digital alarm communicator systems.
[Added 3-23-2023 by Ord.
No. 23-02]
All food which is subject to sales tax and all food which
is not subject to sales tax under Chapter 423 of the Code of Iowa,
except foods prepared for immediate consumption.
[Amended 3-23-2023 by Ord. No. 23-02]
Any business which sells at retail both gasoline and more
than 20 consumer products and which routinely remains open for business
20 hours to 24 hours a day or anytime between the hours of 10:00 p.m.
and 5:00 a.m.
Any person, firm or corporation who, under the laws of the
State of Iowa and/or the United States, is engaged in the business
of supplying those authorized to possess an offensive weapon as defined
in Chapter 724 of the Code of Iowa or the sale of pistols or revolvers,
or shotguns or rifles and is operating out of a retail business location
and not in the owner's residential dwelling.
A video camera or similar video recording device.
[Amended 3-23-2023 by Ord. No. 23-02]
Every convenience store and gun shop in the City shall be equipped
with a functioning surveillance camera(s) 24 hours a day or seven
days a week. The surveillance camera(s) shall be positioned so as
to view all persons entering the establishment and all persons approaching
within five feet of the cash register.[1]
[1]
Editor's Note: Original § 129.04, Video Recording
Equipment, of the 2000 Code, which immediately followed this section,
was repealed 3-23-2023 by Ord.
No. 23-02.
[Ord. No. 06-13; amended 3-23-2023 by Ord. No. 23-02]
Every gun shop in the City shall be equipped with a functioning
burglar alarm for those hours of each day when the store is not open
to business. The burglar alarm shall be connected to the premises
as directed by departmental rules. All proposed installations of burglar
alarms shall be approved in advance by the Police Department as in
conformance with the requirements of the departmental rules prior
to actual installation. The Police Chief shall develop departmental
rules and regulations setting forth the minimum specifications for
burglar alarms, for their connection to the premises and such other
matters as the Police Chief deems necessary or desirable to carry
out the objectives of this section. The specifications shall be developed
with the intent to require burglar alarms which are functionally capable
of alerting authorities of unauthorized activities with sufficient
rapidity as to aid the Police Department in the apprehension of lawbreakers.
Burglar alarms installed prior to January 18, 2001, will be deemed
to be in compliance with this article.
A business which is required to install a surveillance camera
or burglar alarm may apply to the Police Chief for exemption from
the provisions of this article. The Police Chief may exempt a business
if the Police Chief finds that the business has or will undertake
alternate security procedures which are substantially equal to or
more effective in preventing criminal activity and in assisting in
the apprehension of the perpetrators of crime or for the protection
of employees, or the Police Chief may authorize alternate procedures
on an experimental basis. The Police Chief may also authorize temporary
extensions of time for installation when a business demonstrates that
it is temporarily unable to comply for good cause shown.
