Unless the context or subject matter otherwise requires, terms
defined herein shall have the following meaning when used in this
Chapter:
Alarm system installer.
For purposes of this Chapter, a person, firm or corporation
shall be deemed an alarm system installer if the person, firm or corporation
installs or contracts to install in any premises any device defined
as an alarm system in this Section.
"Alarm systems"
means any system, device or mechanism, which when activated,
transmits a telephone message to a number maintained by the Department,
emits an audible or visible signal that can be heard or seen by persons
outside the protected premises, or transmits a signal beyond the premises
in some other fashion for police response.
"Burglary alarm system"
means an alarm system designated for use or detection of,
and reporting an unauthorized entry upon real property protected by
the system.
False alarm.
For purposes of this Chapter, the term "false alarm"
shall mean 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 his or her employees or agents.
Such terminology does not include, for example, alarms caused by storms,
earthquakes, or other violent conditions which are clearly beyond
the control of the alarm user.
Operator or user.
For purposes of this Chapter, a person shall be deemed to
be an operator or user of an alarm system if:
1.
The person controls both the alarm system and the premises upon
which it is installed; or
2.
The person controls the premises and is the subscriber, client
or customer of the alarm company operator.
"Robbery alarm system"
means an alarm system designed for use for alerting others
of a robbery in progress which involves potential serious bodily injury
or death.
(Prior code § 2120(A))
Upon installation of an alarm system at any premises other than
a residence, the alarm system installer shall notify the Department
of such installation and shall provide the name of the person for
whom the installation was made and the address of the location at
which the installation was made.
(Prior code § 2120(B))
Application for an alarm system permit shall be filed with the Department. The Department shall issue a permit for the premises unless the Department finds that good cause exists to deny the permit. Good cause to deny the permit shall include, but not be limited to the installation of unreliable or otherwise faulty alarm system equipment, the failure of the applicant to pay permit or service fees on any system operated by the applicant or factors which demonstrate that the public health and safety would be endangered by the issuance of the permit. In the event the Department denies an application for a permit for any reason, the applicant may appeal the decision to the City Council by filing a notice of appeal in accordance with the requirements of Chapter
1.32 of this Code.
(Prior code § 2120(D); Ord. 1673(20) § 21)
In accordance with the provisions of this Chapter, the Department may suspend or revoke a permit of any permittee whose alarm system has experienced, within a calendar year, more than ten responses for false alarms as herein defined. Revocation of a permit shall be appealable to the City Council pursuant to Chapter
1.32 of this Code. Failure to pay a service charge within 60 days of billing, shall be grounds for revocation of the permit.
(Prior code § 2120(E))
A. A service charge shall be billed to and paid by any permittee for each response for a false alarm made by the Department in excess of four such responses in a calendar year period. The amount of the charge shall be determined by the Department, subject to approval by the City Council by order or resolution, and shall be based upon the then existing City costs including salary and vehicle cost. For a fifth or subsequent such response, the Department may waive the service charge for that response provided that it has adopted and follows waiver of fee guidelines. Such guidelines shall include provisions for waiver of fee when the activation of the alarm was caused by a mechanical defect and proof is submitted that the defect has been corrected. Decisions regarding fees shall be appealable to the City Council pursuant to Chapter
1.32 of this Code.
B. The
Department shall advise the Management Services Director of all applicable
service charges. The charges shall be billed to permittees by the
Management Services Director and shall be due and payable to the City
Treasurer within 15 days from the billing date.
C. If the
Management Services Director determines for any billing that a discrepancy
exists between service charges paid and the amount due pursuant to
this Section, which results in an underpayment or overpayment in an
amount of three dollars or less, the Management Services Director
may accept and record the billing as paid in full without other notification
to the person billed.
D. If the
Management Services Director determines that any amount due hereunder
cannot be collected or that efforts to collect any such sum would
be disproportionately costly with relation to the probable outcome
of the collection efforts relative to the amount due, the Management
Services Director may prepare a report setting forth the findings
and reasons therefor and submit that report to a Board of Review consisting
of the Chief of Police, the City Manager and the City Attorney. Upon
unanimous approval of such findings by the Board of Review, the Management
Services Director may remove any unpaid sum owing, or believed to
be owing, from the active accounts receivable of the Department. The
removal, however, shall not preclude the City from collecting or attempting
to collect any sum that later proves to be collectable.
(Prior code § 2120(F); Ord. 1673(20) § 42)
Violation of this Chapter other than by failure to pay a service
charge, shall constitute an infraction.
(Prior code § 2120(I))