A. 
The purpose of this chapter is to provide regulations applicable to alarm systems, including those systems utilizing automatic dialing devices, and to encourage alarm users to assume increased responsibility for maintaining the reliability and proper use of alarm systems to prevent unnecessary false alarms and thereby protect the emergency response capability of Happy Valley from misuse.
B. 
This chapter governs alarm systems, requires permits and fees, provides for allocation of revenues and deficits, provides for penalty assessments for excessive false alarms, provides for penalty assessments for delinquent accounts, provides for discontinuation of police response to alarms, provides for punishment of violators and establishes a system of administration.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
"Alarm business"
means any person, firm, partnership, association, corporation, company or organization which sells, leases or furnishes alarm systems for use in the city or which services alarm systems in the city.
"Alarm permit"
means the official document that is issued by the city and that is required to be on site and visible at an alarm location.
"Alarm system"
means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry or activity requiring the urgent attention or emergency response by public resources to the presence of fire, smoke, or unauthorized or illegal activity.
"Alarm user"
means the person, firm, partnership, association, corporation, company or organization of any kind, which owns, occupies or controls any building, structure or facility wherein an alarm system is operated for its intended use.
"Automatic dialing device"
means a device, which is interconnected to a telephone line, programmed to engage a predetermined telephone number and transmit by voice message or code signal a message indicating a need for emergency response. Such a device is an alarm system.
"False alarm"
means an alarm system signal to which public resources immediately respond with any personnel and/or equipment when a situation requiring such a response does not, in fact, exist, and which signal is caused by the inadvertence, negligence, intentional act or omission of any alarm user, or a malfunction of the alarm system. The following shall not be considered a false alarm:
1. 
Alarms caused by the testing, repair or malfunction of telephone or electrical equipment or lines not under the direct control of the alarm user if the malfunction is verified in writing within 30 days of the occurrence by a knowledgeable representative of the utility or other line provider involved;
2. 
Alarms caused by an act of God, including earthquake, flood, and windstorm, thunder or lightning.
"No response"
means that emergency services personnel will not be dispatched to investigate a report of an alarm signal.
"Public safety director"
means the public safety director or an individual designated by the public safety director to enforce the provisions of this chapter.
"Revoked alarm permit"
means a special alarm permit that may be issued by the city to an alarm user who has had excessive alarm activations within a permit period.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
A. 
Every alarm business selling, leasing or furnishing an alarm system to any user and having the alarm system installed in the city, shall furnish that user with instructions that provide adequate information to enable persons using such a system to operate it properly and, if the alarm system is to be serviced or maintained by another alarm business, shall furnish that alarm business with a manual or other information necessary to enable it to service or properly maintain the alarm system.
B. 
Standard instructions shall be submitted by every alarm business to the city and if the city finds such information to be incomplete or unclear or inadequate to explain how the alarm system operates and is constructed, the city may require the alarm business to revise the information to meet the approval of the city and then to distribute the revised information to persons who have had such systems installed in their premises as well as to persons subsequently having such devices installed.
C. 
Each alarm business selling or leasing to any person or business, an alarm system which is installed on such person's premises or business in the city, shall provide or make available at all times service to repair such device should it malfunction and shall furnish to the person buying or leasing such device written information concerning how service may be obtained at any time, including the phone number to call for service.
D. 
Each alarm business selling or leasing to any person an alarm system which is installed on such person's premises or business in the city shall initiate activities of the alarm system only after the alarmed premises obtains a city alarm permit.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
A. 
Every alarm user shall obtain a city alarm permit for each system prior to use of an alarm system. Each permit shall be valid for a period of two years from date of issue of the permit. The alarm permit shall be physically displayed in a location upon the alarmed premises that is clearly visible for inspection purposes.
B. 
The fee and penalty assessment shall be as established by city council resolution.
C. 
If a residential alarm user is a military veteran or over the age of 65 and is the primary resident of the residence and, if no business is conducted in the residence, an alarm permit shall be obtained without paying a permit fee.
D. 
A penalty assessment will be charged in addition to the alarm permit fee to a user who fails to renew a permit within 30 days after the permit expires.
E. 
A penalty assessment will be charged to a user who fails to pay a false alarm activation assessment if the fines have not been received at the city within 30 days of the day of "Notice of Penalty Assessment" was mailed via certified mail.
F. 
An alarm user, which is a governmental unit, shall be subject to this chapter, but a permit shall be issued without payment of a fee.
G. 
A revoked user permit application may be obtained by filing an application with the city and paying any or all penalty assessments.
1. 
Each revoked user's permit shall bear the expiration date. The permit shall be physically displayed upon the premises and shall be visible for inspection.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
A. 
Governmental units shall not be subject to revocation due to false alarms, but shall be required to pay penalty assessments for such false alarms.
B. 
All other alarm permit users shall be subject to penalty assessments for any false alarm activations that occur after the first two emergency services responses to false alarms within a permit period. This period shall commence from the date of the first false alarm incurred by the alarm system user and continue within the alarm permit period thereafter. The city will send a "Notification of False Alarm" to notify the alarm user of false alarm activation and to advise the user of the consequences of future false alarms. The city will also inform the alarm user of the right to appeal the validity of the false alarm to the public safety director.
C. 
The penalty assessment for false alarm activations in excess of two within a permit period shall be established by city council resolution.
D. 
Any false alarm activations in excess of two in a permit period may subject the holder of the alarm permit to permit revocation and may necessitate further penalty assessments as established by city council resolution. This period shall commence from the date of the first false alarm incurred by the alarm system and shall continue within the alarm permit period thereafter.
E. 
If penalty assessments have not been received by the city within 30 days of date the "Notice of Penalty Assessment" was mailed and there is no appeal pending on the validity of the false alarm, a second "Notice of Penalty Assessment" indicating the amount owed shall be sent via certified mail, along with a "Notice of Late Fine" assessment. If penalty assessments have not been received within 10 working days of the date the "Notice of Penalty Assessment" was mailed, the city shall initiate the "No Response Due to Outstanding Assessment."
F. 
The payment of any penalty assessments provided for in this section shall not be deemed to extend the term of the permit.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
Any alarm system, which has more than six false alarm activations within the permit period, shall be subject to permit revocation as provided in this section:
A. 
The city shall notify the alarm user and the alarm business providing the alarm service by certified mail that more than six false alarm activations have been received at an alarmed location within the alarm permit period. The city will direct that the alarm user submit a report describing actions taken or to be taken to discover and eliminate the cause of false alarm activations. This report shall be submitted to the public safety director within 10 days of receipt of the notice.
B. 
If the alarm user submits the report as directed, the public safety director shall determine if the actions taken or to be taken are likely to prevent the occurrences of false alarm activations. If the public safety director determines that the action will likely prevent the occurrence of false activations, the alarm user and the alarm business shall be notified in writing that the permit will not be revoked at that time; but if one more false alarm activation occurs within the permit period, the permit will be summarily revoked without further action.
C. 
If no report is submitted, or if the city determines that the actions taken or to be taken are not likely to prevent the occurrence of false alarm activations, the coordinator shall send the "Revoked Alarm Permit" notice by certified mail to the alarm user and the alarm business providing the alarm service that the permit will be revoked and that emergency services personnel will not respond to the alarm activations at the alarmed premises beginning at the tenth day after the date of the revoked alarm permit notice.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
A. 
If fees or penalty assessments have not been received in city hall within 10 days of the date of the notice of penalty assessment was mailed, the city shall send a "Notice of Suspension of Emergency Services" via certified mail indicating that response by emergency services shall be suspended at the alarmed premises due to delinquent fines or fees. The certified letter shall be sent to the alarm user, the alarm business providing service to the alarm user and the city's emergency response personnel.
B. 
The suspension of emergency services to alarm activations shall begin 10 days after the delivery date of "Notice of Suspension of Emergency Services" unless the alarm user pays all delinquent fines or fees in full.
(Ord. 209, 2001; Ord. 568 § 1, 2022)
All information submitted in compliance with this chapter shall be held in strictest confidence and shall be deemed a public record exempt from disclosure pursuant to ORS 192.502(3).
(Ord. 209, 2001; Ord. 568 § 1, 2022)