Note: Prior ordinance history: Ord. Nos. 03-12, 02-05,
01-21, 93-13, 87-73 and 82-32.
This ordinance shall be known as the "alarm ordinance" for the
City of Tigard.
(Ord. 14-09 §1)
The purpose of this chapter is to encourage alarm users and
alarm businesses to assume increased responsibility for maintaining
the mechanical reliability and the proper use of alarm systems to
prevent unnecessary police emergency responses to false alarms and
thereby protect the emergency response capability of the city from
misuse.
(Ord. 14-09 §1)
means the business by any individual, partnership, corporation,
or other entity, of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, or installing any alarm system in or
on any building, structure, or facility. Alarm businesses include
any person, business, or organization that monitors alarm systems
and initiates alarm dispatch requests.
means the initiation of a communication to dispatch, by an
alarm business indicating an alarm has been activated, and requesting
police response to the alarm site.
means any assembly of equipment, mechanical or electrical,
arranged to signal the occurrence of an illegal entry or other activity
requiring urgent attention to which police may respond. This definition
does not include car, medical or fire alarms.
means a person, firm, partnership, association, corporation,
company, or organization of any kind in control of any building, structure,
or facility within the City of Tigard in which an alarm system is
used.
means a device connected to a telephone line or Internet
connection programmed to select a predetermined telephone number or
Internet location (URL address) and transmit by voice message or code
signal an emergency message indicating a need for emergency response.
means the City of Tigard Chief of Police, or designee.
means the City of Tigard.
means the individual designated by the chief to issue alarm
permits and enforce the provisions of this chapter.
means an alarm permit that is not expired or revoked, and
does not have any outstanding fees, fines or penalties.
means the facility used to receive emergency and general
information from the public.
means an alarm signal, capable of eliciting a response by
police when a situation requiring a response by the police does not
in fact exist. An alarm is not considered false if there are signs
of forced or attempted entry; natural circumstances (heavy wind);
notification from the alarm company that the system is faulty before
an officer arrives on the scene; notification from the user that the
system or the user erred before an officer arrives on the scene; or
if a neighbor comes forward to indicate their observance of suspicious
activity when no apparent entry or attempted entry can be determined
otherwise.
means to connect an alarm system including an automatic dialing
device, to a telephone line or computer network connection either
directly or through a mechanical device that utilizes a telephone
or computer to transmit a message upon the activation of the alarm
system.
means a facility used to receive emergency and general information
from an alarm user and to direct an emergency response.
means a telephone line serving the police dispatch center
that is designated to receive police calls.
means an alarm permit, issued by the City of Tigard.
means applying for a new permit to replace an expired permit,
where the alarm system is designed and used for substantially the
same building, facility or structure.
(Ord. 14-09 §1)
Every alarm user shall obtain an alarm permit for their alarm
system from the coordinator's office upon the effective date of the
ordinance codified in this chapter or prior to use of an alarm system.
An application for a permit shall be filed annually with the
coordinator's office, required by the chief. Each permit shall bear
the signature of the chief and shall be valid for a one-year period.
The fees and fine of alarm permits are included in the City of Tigard
Fees and Charges Schedule.
The permit shall be physically placed upon the premises using
the alarm system, placed near the main entrance to be visible to responding
police officers. A separate alarm permit is required for each alarm
site.
(Ord. 14-09 §1)
The alarm registration shall be in a form prescribed by the
chief, and shall include the name, address and telephone number(s)
of individual(s) authorized by the alarm user to act on their behalf
in case of emergencies, alarms and false alarms.
(Ord. 14-09 §1)
Any person who obtains or renews an alarm permit after the date
of enactment of this section will be provided with a form requesting
consent for the police to enter and perform a protective sweep of
any building or residence where an alarm is activated, the building
or residence is unsecured or shows signs of forcible entry, and no
responsible person is immediately available to give or refuse consent
to enter.
The alarm coordinator shall notify dispatch of all properties
where the owner does not grant consent under this section, and shall
request that dispatch flag the property to notify responding officers
of the lack of consent.
(Ord. 14-09 §1)
Notwithstanding any other provision of law, a police officer
responding to an alarm may disable the alarm when no responsible person
is readily available to silence the alarm and the alarm is disturbing
the peace, health or repose of the neighbors. Such alarms are deemed
public nuisances, and police officers are hereby authorized to immediately
abate such nuisances by disabling the alarm.
The police officer must use the least destructive method available
to disable the alarm, and shall provide notice to the homeowner of
the time and reason the alarm was disabled. The notice may be posted
upon the main entrance of the residence or business.
If the police officer forced entry into a building or residence
to disable an alarm, prior to leaving, the police officer will take
responsible steps to secure the business or residence from further
entry or damage, unless the owner or other responsible person is present
on the scene prior to the departure of the officer.
(Ord. 14-09 §1)
A late charge will be added to the permit fee of an alarm user
who fails to obtain a permit within 60 days or by an alarm user who
fails to renew a permit within 60 days after a permit has expired.
(Ord. 14-09 §1)
A governmental unit alarm user shall be subject to this chapter;
but a permit shall be issued without a fee and shall not be subject
to revocation, additional fees, fines or penalties.
(Ord. 14-09 §1)
Any alarm business selling, leasing, or furnishing an alarm
system installed in the City of Tigard shall provide the alarm user
with operating instructions for the alarm system, shall notify the
alarm user of the alarm permit requirement, and provide an alarm permit
application and a fee schedule.
The alarm business shall maintain records demonstrating compliance
with this section, and provide documentation to the chief's office
upon request. Calls for emergency response to alarm event by an alarm
business must include the corresponding alarm permit number.
(Ord. 14-09 §1)
It is unlawful for any person to program an automatic dialing
device to select a primary trunk line or any 9-1-1 prefix requiring
police response; and it is unlawful for an alarm user to fail to disconnect
or reprogram an automatic dialing device programmed to select a primary
trunk line within 12 hours of receipt of written notice from the Tigard
Police Department that it is so programmed.
(Ord. 14-09 §1)
All alarm businesses monitoring alarm systems in the City of
Tigard, will attempt a verification call to the alarmed premises and
if no responsible party is located on the initial verification call,
a second verification call will be made prior to the alarm business
requesting a police alarm dispatch request.
(Ord. 14-09 §1)
Alarm businesses installing alarm systems in the City of Tigard
shall use alarm control panels that meet SIA Control Panel Standard
CP-01. Alarm businesses will maintain records demonstrating compliance
with this section, and provide documentation to the chief's office
upon request.
(Ord. 14-09 §1)
Alarm registration does not create a contract, duty, or obligation,
either expressed or implied, of response to an alarm. All liability
and consequential damage resulting from the failure to respond to
a notification is hereby disclaimed and governmental immunity as provided
by law is retained.
The alarm user acknowledges that law enforcement response may
be influenced by factors such as availability of police units, priority
of calls, weather conditions, traffic conditions, emergency conditions,
staffing levels, and prior response history.
(Ord. 14-09 §1)
An alarm user incurring a false alarm shall be subject to a
fee established by the chief. The user shall be notified by mail of
a false alarm occurrence and payment shall be made to the alarm coordinator
within 30 days of receipt of the notice.
At the chief's discretion, the coordinator shall notify the
alarm user of excessive false alarms and direct the user to submit
a report within 10 days of the notice describing actions to be taken
to eliminate the cause of false alarms. Failure to submit a report
as directed shall be grounds for revocation of the alarm permit.
(Ord. 14-09 §1)
Alarm users incurring three or more false alarms within a permit
year shall be subject to a fine. The user will be notified by mail
of the fine, and payment shall be made to the alarm coordinator within
30 days of receipt of the notice.
Additional penalties will be charged to a user that is more
than 60 days delinquent in paying false alarm fees, fines or penalties.
At the chief's discretion, the alarm coordinator shall notify the
alarm user of excessive false alarms and direct the user to submit
a report within 10 days of receipt to the notice describing the actions
to be taken to eliminate the cause of the false alarms.
Failure to pay a renewal fee, false alarm fee, or fine within
90 days shall result in revocation of the alarm permit until all fees
are paid. The alarm user shall be notified by mail that no further
law enforcement response to alarms at that property will be forthcoming.
The alarm user shall have 14 days from the date of the revocation
notice to make payment arrangements with the chief's office. If fees
remain unpaid and no payment arrangement is made at the expiration
of 14 days after the date of the revocation notice, the chief's office
shall notify dispatch of the revocation and shall request that dispatch
flag the property for non-response on any additional alarms generated
at the property until the permit is reinstated.
If more than six false alarms are generated within a 12-month
period, the alarm coordinator may revoke the alarm permit for a period
of not more than one year. This revocation shall be in addition to
and separate from any false alarm fines. The alarm user shall be notified
by mail of the revocation and the fact that no further police response
will be forthcoming for alarms generated at the property. The alarm
user will have 14 days from the date of the revocation notice to petition
the chief's office for reconsideration. Requests to reconsider a revocation
under this section will be considered if all fees, fines and penalties
are current and a written plan to resolve false alarms is submitted.
If no petition for reconsideration is made or if the chief denies
the petition, the chief's office shall notify the alarm user and dispatch
of the revocation. The property will be flagged for nonresponse on
any additional alarms generated at the property, until the alarm permit
is reinstated. Any alarm user who has had their alarm permit revoked
shall pay a reinstatement fee. No alarm permit may be reinstated until
all outstanding fees, fines or penalties are paid in full.
(Ord. 14-09 §1)
It is unlawful to generate additional false alarms on a permit
that has been revoked and not reinstated. Any alarm user who has had
their alarm permit revoked shall take steps to disable the alarm or
otherwise configure the alarm system so it does not generate additional
false alarms.
Notwithstanding the fact that police response has been discontinued
due to revocation, generating additional false alarms, after an alarm
permit has been revoked and not reinstated, constitutes a violation
of this code and is punishable by a fine.
(Ord. 14-09 §1)
All information supplied on an alarm permit application is recognized
as personally confidential and will be withheld from disclosure under
public records law to the extent allowable under the law.
(Ord. 14-09 §1)
This chapter shall be liberally construed to effect the purpose
of the ordinance codified and to achieve uniform interpretation and
application of the respective ordinances.
(Ord. 14-09 §1)
If a residential alarm user is over the age of 60, or physically
handicapped, and is the primary resident of the residence and no business
is conducted in the residence, a permit may be obtained without the
payment of a fee.
(Ord. 14-09 §1)
All penalties collected pursuant to this chapter shall be deposited
to the city general fund.
(Ord. 14-09 §1)
