For the purpose of this article, the following words shall have
the following meanings, respectively, as set forth:
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.
A single premises or location (one street address) served
by an alarm system or systems that are under the control of one owner.
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 through the emission
of a crime or unauthorized entry, or fire through the emission of
a sound or the transmission of a signal or message. Alarm systems,
does not include an alarm installed on a vehicle unless the vehicle
is permanently located at a site.
An alarm notification sent over telephone lines, by direct
connection or otherwise, a prerecorded voice message, synthesized
voice message, or coded signal indication the existence of the emergency
situation that the alarm system is designed to detect.
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.
The chief of police of the city or his authorized representative.
The City of Sansom Park.
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.
A person, contractor or repairman licensed by the state to
install, repair or maintain an alarm system within the city.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure.
The person designated in the application as required in section 4.15.002 hereafter who is responsible for responding to alarms and giving access to the site and who is responsible for proper maintenance and operation of the alarm system and payment of fees.
An individual, corporation, partnership, association, organization
or similar entity.
(Ordinance 487-15 adopted 1/15/15)
(a)
A
person commits an offense if he operates or causes to be operated
an alarm system without an alarm permit issued by the city. A separate
permit is required for each alarm system.
(b)
An initial fee, referenced in the fee schedule found in appendix A to this code, shall be charged for the issuance of each permit for both residential and commercial. A renewal fee, as referenced in the fee schedule found in appendix A to this code, will be required for residents and commercial after their first initial fee.
(c)
Upon receipt of a completed application form and the required fee, the city shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under section 4.15.014 hereof or has had an alarm permit for the alarm system revoked, and the violation causing the revocation has not been corrected.
(d)
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, or personal hostage robbery or fire;
(4)
Other information required by the city which is necessary for the
enforcement of this article.
(e)
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)
An
alarm permit cannot be transferred to another alarm system except
by authorization of the city. A permit holder shall inform the city
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)
A
permit holder shall cancel a permit for any alarm systems 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 city.
(h)
All
fees owed by an applicant must be paid before a permit may be issued
or renewed.
(Ordinance 487-15 adopted 1/15/15)
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 city shall determine the first expiration date
of a permit.
(Ordinance 487-15 adopted 1/15/15)
(a)
(b)
A
person commits an offense if he operates an alarm system during the
period in which his alarm permit is revoked.
(Ordinance 487-15 adopted 1/15/15)
(a)
If
the city 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 city 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
city. The filing of a request for an appeal hearing with the city
manager, or his/her designee, stays an action of the city in revoking
a permit until the city manager, or his/her designee, makes a final
decision. If a request for an appeal hearing is not made within the
ten-day period, the action of the city 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 application or permit holder
by certified mail, return receipt requested. The city manager, or
his/her designee, 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 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 city. The decision of the hearing officer
is final as to administrative remedies with the city.
(Ordinance 487-15 adopted 1/15/15)
(a)
A
permit holder shall:
(1)
Maintain the premises containing an alarm system in a manner that
ensures proper operation of the alarm system;
(2)
Maintain the alarm system in a manner that will minimize false alarm
notification;
(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 for no longer than
thirty (30) minutes after being activated.
(Ordinance 487-15 adopted 1/15/15)
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 487-15 adopted 1/15/15)
A person who is engaged in the business of relaying alarm notification
to the city shall:
(1)
Communicate
alarm notifications to the city in a manner and form determined by
city;
(2)
Comply
with the requirements of this article and any rules and regulations
promulgated by the city.
(Ordinance 487-15 adopted 1/15/15)
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.
(Ordinance 487-15 adopted 1/15/15)
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 487-15 adopted 1/15/15)
(a)
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 within the city, any device known as a burglar or hold-up alarm, without first being registered and licensed with the state and then having made application and received a permit for the installation of new alarms or the repair of existing alarms that have not heretofore been permitted. Homeowners may obtain a homeowners license at a cost referenced in the fee schedule found in appendix A to this code.
(b)
License
shall be valid for a period not to exceed one (1) year.
(c)
The
license issued hereunder is nontransferable.
(d)
Duty of installer.
Installers of alarm systems shall
make the user aware that a permit must be obtained from the city for
which a fee is required.
(e)
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.
(f)
The
installer shall not install an alarm system contrary to the provisions
of the section. 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.
(g)
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 set.
(h)
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.
(i)
All
electrical equipment used for the installation of alarm systems shall
be Underwriters Laboratories, Inc., approved.
(Ordinance 487-15 adopted 1/15/15)
(a)
The
police dispatcher receiving the alarm notification and/or the police
officer responding to a dispatch resulting from a burglary, robbery,
personal hostage or fire alarm notification shall cause to be recorded
in the police information as necessary to permit the chief to maintain
records, including but not limited to the following information:
(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.
(Ordinance 487-15 adopted 1/15/15)
(a)
If
there is a reason to believe that an alarm system is not being used
or maintained in a manner that ensures proper operation and suppresses
false alarms, the city 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 city.
(Ordinance 487-15 adopted 1/15/15)
(b)
If
a person notifies the city 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 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.
(Ordinance 487-15 adopted 1/15/15)
(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.
(Ordinance 487-15 adopted 1/15/15)
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, liability.
(Ordinance 487-15 adopted 1/15/15)
(a)
This
section shall apply to any person who operates or causes to be operated
an alarm system at any alarm site.
(b)
This
section shall not apply to alarm systems operated by local, state
or federal government entities.
(c)
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.
(Ordinance 487-15 adopted 1/15/15)
