These regulations shall be known as the "city of Cannon Beach
alarm ordinance," may be cited as such and will be referred to herein
as the "alarm ordinance."
(Ord. 03-11 § 2)
The purpose of this ordinance is to encourage alarm users and
alarm businesses to assume increased responsibility for maintaining
the reliability and proper use of alarm systems.
(Ord. 03-11 § 3)
This alarm ordinance will apply to all alarm systems, whether
monitored or unmonitored, silent or audible, and include all burglary,
robbery (hold-up), heat, smoke, and medical alarm systems, with the
exclusion of automobile/vehicular alarm systems.
(Ord. 03-11 § 4)
The terms in this section have the following meanings:
means any live, functioning alarm system as defined in this
ordinance and located within the city.
means the business of any individual, partnership, corporation,
or other entity selling, leasing, maintaining, monitoring, servicing,
repairing, altering, replacing, moving or installing any alarm system
or causing to be sold, leased, maintained, serviced, repaired, altered,
replaced, moved or installed any alarm system in or on any building,
structure or facility.
means a Cannon Beach Police Department employee charged with
the responsibility of reviewing, tracking and coordinating activities
associated with alarms and alarm responses to include all record keeping
activities.
means the permit issued by the city to all alarm users as
defined in this chapter and required for all active alarm systems
located within the city.
means the requirement of the alarm user to renew the alarm
permit annually.
means any assembly of equipment, mechanical or electrical,
arranged to signal the occurrence of an illegal entry, illegal activity
or other condition requiring an emergency or immediate response by
a public safety organization or agency.
means any residence, business premises or other location,
excluding automobiles, with an alarm system.
means the person, firm, partnership, association, corporation,
company or organization of any kind in control of any commercial,
residential or other building, structure or facility wherein an alarm
system is maintained.
means the mandatory training required for all business operators
and employees who have a robbery (hold-up) alarm system in place.
means any alarm that emits an external audible sound at a
level of volume designed to attract attention to the site.
means any alarm that has been confirmed by responding police,
fire or medical personnel as signaling a legitimate need for emergency
or immediate services.
means an alarm system signaling an illegal or unauthorized
entry or attempted entry into any business, residence or other building.
means the Cannon Beach Rural Fire Protection District.
means the city of Cannon Beach.
means an alarm signal eliciting a response by police, fire
or medical personnel when a situation requiring a response by such
personnel does not in fact exist. An alarm is not considered false
if there are clear indications of natural circumstances (heavy wind,
major power outages, etc.).
means those lock boxes installed on or near residential,
commercial or other buildings having monitored smoke and/or heat detection
alarms. The CBRFPD has sole and exclusive access to key lock boxes.
means any alarm system monitored by a commercial alarm service
for the purpose of initiating the appropriate emergency response.
means January 1st through December 31st.
means an alarm system signaling a robbery or attempted robbery
in progress or having just occurred.
means a system that transmits an indiscernible/undetectable
signal to a monitoring service (alarm business).
(Ord. 03-11 § 5)
A.
Key
lock boxes must be installed in any business or residence purchased
or constructed, or where ownership is otherwise acquired after August
4, 2005 where such residence or business has an active monitored smoke
and/or heat sensing alarm system.
B.
Key
lock boxes that have been installed in any business or residence must
be maintained in good order by the current or any subsequent owners
if a monitored smoke and/or heat sensing alarm system remains active.
C.
The
installation of monitored smoke and/or heat sensing alarm systems
in existing businesses or residences occurring after August 4, 2005,
must have a key lock box installed prior to system activation.
D.
All
business and residential property owners/operators with monitored
smoke and/or heat sensing alarms existing prior to August 4, 2005,
are encouraged, but not required to install a key lock box system.
Those applicable business and residential property owners who opted
not to install key lock box systems are required to sign and file
a waiver of liability for immediate and after-the-fact damage/losses
resulting from forced entry due to a false smoke and/or heat sensing
alarm with the police department. Existing key lock box waivers of
liability pertaining to monitored smoke and/or heat alarm systems
in existence prior to August 4, 2005 are nontransferable.
E.
All
key lock boxes will be approved by the chief of the Cannon Beach Rural
Fire Protection District (CBRFPD) and access to the key lock boxes
will be under the exclusive control of the CBRFPD and limited to authorized
CBRFPD personnel only.
(Ord. 03-11 § 6; Ord. 05-10 § 1)
Every alarm user shall submit an alarm permit application and
obtain an alarm permit from the city with a one-time fee per permit.
Government agencies are exempt from the permit fee.
(Ord. 03-11 § 7)
Alarm permits shall be renewed on an annual basis during the
month of January with no additional fee. Alarms with monitored smoke
and/or heat detection systems without key lock boxes will reaffirm
the waiver of liability associated with such alarms.
(Ord. 03-11 § 8)
Any operators/employees of businesses with robbery alarm systems
are required to participate in an alarm use training activity conducted
by the Cannon Beach police department and at no cost to the business
or participant.
(Ord. 03-11 § 9)
A.
The
Cannon Beach police department is responsible for maintaining adequate
records and supporting documentation concerning all bona fide and
false robbery and burglary alarm activations occurring in the city.
B.
Records
and supporting documentation concerning all bona fide and false smoke/heat
alarms occurring in the city is under the jurisdiction of the CBRFPD.
(Ord. 03-11 § 10)
All information submitted as required by the alarm permit application
and/or associated documents will be held in the strictest of confidence
and shall be deemed a public record exempt pursuant to state statute.
The alarm coordinator is charged with the sole responsibility for
maintaining city alarm user and associated records, with the exception
of key lock box user and associated records, which is under the jurisdiction
of the CBRFPD.
(Ord. 03-11 § 11)
The reinstatement of revoked alarm permits will be accomplished
when the user has demonstrated to the alarm coordinator that the factors
causing the revocation have come into compliance as specified in the
alarm ordinance; submitted a request for reinstatement to the city
manager; submitted the reinstatement fee, and received final approval
from the city manager.
(Ord. 03-11 § 12)
Any alarm which is audible for a period of thirty minutes or
more to a person located upon property other than the property on
which the alarm is located is declared to be a public nuisance. Such
public nuisances may be summarily abated by the city after oral or
written notice, or an attempt to give oral or written notice, to the
alarm user. The city, its officers, employees or agents, shall not
be liable for any costs incurred by the alarm system user or damage
to the alarm system caused in connection with a nuisance abatement.
(Ord. 03-11 § 13)
A.
One
verified false alarm occurring during any permit year will result
in no action other than alarm user notification and the generation
of a police report for documentation purposes.
B.
Two
verified false alarms occurring during any permit year will result
in a letter from the chief of police warning the alarm user that a
third false alarm during the applicable permit year will result in
the applicable false alarm fee.
C.
Three
to five verified false alarms during any permit year will result in
a graduated false alarm fee based upon the number of incidents.
D.
More
than five verified false alarms occurring during any permit year will
result in a false alarm fee and the revocation of the alarm permit.
(Ord. 03-11 § 14)
A.
Failure
to obtain an alarm permit for any active alarm system within sixty
days of the effective date of this alarm ordinance will result in
a late fee.
B.
Failure
to renew the alarm permit during the month of January will result
in the revocation of the alarm permit and a reinstatement fee.
C.
Failure
to satisfy any fees imposed under this alarm ordinance will result
in the revocation of the alarm permit.
D.
The
revocation of alarm permits that apply to burglary or robbery alarms
will result in the discontinuation of police response to such alarms.
(Ord. 03-11 § 15)
A.
An appeal
of any action instrumental to this alarm ordinance must be submitted
to the city manager in writing within thirty days of the applicable
action. The city manager will notify the appellant in writing of the
appeal determination within thirty days of its receipt.
B.
An appeal
of the determination reached by the city manager must be submitted
to the city council within sixty days of receipt of the city manager's
determination. The decision of the city council is final.
(Ord. 03-11 § 16)
A schedule of permit fees and penalties will be approved annually
by the council.
(Ord. 03-11 § 17)
