This section is intended to regulate the activities and responsibilities of those persons who own, lease, or rent, and those persons who own or conduct the business of selling, installing, leasing, renting, maintaining, servicing, or monitoring alarm systems, devices, or services. It is further intended to encourage the improvement in reliability of these systems, devices, and services to ensure that Police Department personnel will not be unduly diverted from responding to actual criminal activity as a result of responding to false alarms. This section specifically encompasses "burglary," "robbery," "panic," and "fire" alarms both audible and inaudible. The provisions of this section shall not apply to alarm systems owned by the City of Winslow when the systems are utilized on premises owned and operated by the City. The provisions of this section shall not be applicable to audible alarms affixed to automobiles.
(Prior code § 17-37; Ord. 1224 (part), 2014)
In addition to those words defined by the general definitions section in Section 1.04.020, for the purpose of this section, the following words and terms shall have the following meanings, unless the context indicates otherwise:
"Act of God"
means an unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, which cannot be prevented by reasonable human care, skill, or foresight.
"Alarm agent"
means any person who is employed by an alarm business either directly or indirectly, whose duties include maintaining, servicing, or repairing any alarm or alarm system in or on any building, place, or premises. Any person whose duties consist solely of resetting an alarm following activation shall not be deemed to be an alarm agent.
"Alarm business"
means any person who owns or conducts the business of selling, installing, leasing, renting, maintaining, servicing or monitoring alarm systems, devices or services.
"Alarm or alarm system"
means any mechanical or electrical device which is used to detect unauthorized entry into buildings or onto premises or for alerting others of an emergency or of the commission of an unlawful act within buildings or on premises.
"Alarm proprietor"
mean any person who utilizes a proprietor alarm.
"Alarm user"
means any alarm business or alarm proprietor except an alarm business which does not lease, rent, maintain, service, or monitor an alarm or alarm system.
"Audible alarm"
means a device which, when activated, generates an audible sound on the premises.
"Automatic dialing device"
means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit an emergency message indicating a need for emergency response either by voice methods or code signal, or by maintaining an open line with emergency services.
"Coordinator"
means the Chief of Police of the Winslow Police Department or the individual designated by the Chief of Police to enforce the provisions of this section.
"False alarm"
means an alarm signal, eliciting a response by police when a situation requiring a response by the police does not in fact exist, but does not include activation for testing purposes when the Police Department has been given advance notice of such testing, or activation caused by the Police Department.
"Monitored alarm"
means a device which, when activated, generates an inaudible signal to be a monitoring station. A monitored alarm may also generate an audible sound on the premises.
"Proprietor alarm"
means any alarm or alarm system in operation which is leased, rented, or owned.
(Prior code § 17-37; Ord. 1224 (part), 2014)
The duties of an alarm business shall be as follows:
A. 
Upon installing an alarm or alarm system:
1. 
To install in a proper manner.
2. 
To insure that the alarm or alarm system is in good working order.
B. 
Upon maintaining or servicing the alarm or alarm system to keep it in good working order and to take reasonable measures to prevent the occurrence of false alarms.
C. 
To instruct each alarm proprietor with whom it does business and/or the principal occupants of the building or premises protected by an alarm system, in the proper operation of the system. Such instruction will specifically include all necessary instructions in turning on and off the system and in avoiding false alarms.
D. 
To provide each of its alarm proprietors with a copy of this section.
E. 
Upon leasing or renting an alarm system:
1. 
To conspicuously place on the premises, a tag identifying the alarm business, including the telephone number to call when the alarm has been activated.
2. 
To maintain current records of the located alarms or alarm systems and the name and telephone number of the persons and alternate to be notified whenever the alarm is activated.
3. 
To inactivate or cause to be inactivated any audible alarm within fifteen (15) minutes of the notification of its activation.
F. 
Upon monitoring an alarm system:
1. 
To establish a central receiving station in order to monitor these alarm systems.
2. 
To organize its central receiving station in order to be able to readily and positively identify the type of alarm, i.e., burglary, robbery, panic, or fire and the location of the alarm if there is more than one (1) system.
3. 
To maintain current records as to each of these alarms or alarm systems, which shall include the name of the owner or occupant of the premises, the name and telephone number of the user or primary person and at least one (1) alternate responsible for responding to the premises when the alarm is activated, and information concerning whether the alarm system includes an audible alarm.
4. 
To arrange for either the alarm proprietor, alarm agent, or other responsible representative to go to the premises of an activated alarm system in order to be available to assist the Police in determining the reason for activation and securing the premises. In no event shall there be unreasonable delay by the responsible representative in arriving at the premises. In no event shall the delay be greater than thirty (30) minutes. If the Police depart the premises prior to the arrival of the representative, then the responsible representative may document their required response through telephonic notification of the Police Department upon their arrival at the location of the alarm signal. In the event this requirement is not met and the Police are unable to determine the reason for the activation, such activation shall be deemed a false alarm.
5. 
To disconnect services within three (3) days after receiving notification by the Coordinator that the alarm user’s permit has been revoked.
G. 
To cease responsibility for an alarm system pursuant to this section, the alarm business shall promptly notify the coordinator, in writing, in the event the alarm business ceases to do at least one (1) of the following: lease, rent, maintain, service, or monitor any alarm system. Said notice shall be sent within ten (10) days of the change in circumstances.
(Prior code § 17-37; Ord. 1224 (part), 2014)
The duties of an alarm propriety shall be as follows:
A. 
To maintain the alarm or alarm system in good working order and take reasonable measure to prevent the occurrence of false alarms.
B. 
Upon the purchase of any alarm system device or service which includes an audible alarm:
1. 
To obtain a permit from the Coordinator as provided in Section 9.10.050.
2. 
To notify the Coordinator of the name, address, and telephone number of the primary person and at least one (1) alternate who should be notified when the alarm is activated.
3. 
To inactivate or cause to be inactivated, the alarm system within fifteen (15) minutes of notification of its activation.
C. 
To instruct all persons who are authorized to place the system into operation, of the provisions of this section emphasizing the importance of avoiding false alarms. A current copy of the provisions of this section shall be maintained on the premises and be made available to persons who are authorized to place an alarm system into operation.
(Prior code § 17-37; Ord. 1224 (part), 2014)
A. 
Every alarm user shall obtain an alarm user permit from the Coordinator for each alarm or alarm system. Such a permit shall be obtained from the Coordinator within ninety (90) days from the effective date of this section or prior to the operation of an alarm or alarm system whichever is later. Users of alarm systems having both robbery and burglary alarm capabilities shall obtain separate permits for each function. The application for an alarm user’s permit shall be made on a form approved by the Coordinator and shall be accompanied by a ten dollar ($10.00) permit fee if application for a permit is made within ninety (90) days from the effective date of this section. An alarm user’s permit shall be available within the premises protected by the alarm and shall be available for inspection by the Coordinator. Permits are not transferable from one (1) user to another user, or from one (1) address to another address. An alarm user permit shall be valid for a period of one (1) year and shall be renewed for a ten dollar ($10.00) fee no later than the anniversary date of its issuance.
B. 
If a residential alarm user is over the age of sixty-five (65) and is the primary resident of the residence, and if no business is conducted in the residence, a user permit may be obtained from the Coordinator’s office without the payment of a fee.
C. 
Except as provided in subsection A of this section, a twenty-five dollar ($25.00) fee shall be charged in addition to the ten dollar ($10.00) fee if an alarm user fails to obtain a permit prior to placing an alarm or alarm system in operation.
D. 
An alarm user which is a governmental entity other than the City of Winslow, shall be subject to this section and shall be required to obtain a permit, but a permit shall be issued without payment of the fee and shall not be subject to revocation or payment of additional fees or the imposition of any assessment provided herein or the removal of the alarm system.
(Prior code § 17-37; Ord. 1224 (part), 2014)
A. 
No person shall use or cause to be used any automatic dialing device that:
1. 
Automatically selects a public safety or emergency services telephone line of the City of Winslow and that reproduces any prerecorded message or signal or otherwise maintains an open line without direct person to person communication.
2. 
Prevents termination of a call by public safety or emergency services.
B. 
Within sixty (60) days after the effective date of this section, all existing automatic dialing devices described in subsection A of this section shall be disconnected.
(Prior code § 17-37; Ord. 1224 (part), 2014)
A. 
Grace Period.
1. 
Newly leased, rented, purchased and/or monitored alarms or alarm systems shall not be subject to the provisions of the section relating to the counting and assessment of false alarms for a period of thirty (30) days from the date the alarm of alarm system becomes operational.
2. 
The grace period provided in subsection (A)(1) of this section shall apply only if the alarm user notifies the Coordinator, in writing, within ten (10) days of the completion of installation or reinstallation. The written notice shall specify the date the system was installed or reinstalled. For reinstalled alarm systems, the notice shall also describe the nature and extent of the reinstallation.
B. 
Police Review of False Alarms.
1. 
Any alarm system which has five (5) or more false alarms within the permit year shall be subject to assessment as provided herein.
2. 
If the Police Department records five (5) or more false alarms within the permit year:
a. 
The Coordinator shall notify the alarm user by certified mail of such fact and direct that a report be submitted to the Coordinator within ten (10) days of date of notice. The report shall contain:
i. 
A description of the action taken or to be taken to discover and eliminate the cause of the false alarms.
ii. 
Specific defenses, if any, why the alleged false alarms should not be considered false alarms. Evidence that a false alarm was caused by an act of God or action of the telephone company shall constitute affirmative defenses to an assessment for the particular false alarm.
b. 
If the report above is not timely received by the Coordinator, any notified party shall be deemed to have waived their right to any further review or hearing as provided herein and the alarm user operating the alarm system generating the false alarms will be assessed pursuant to subsection (B)(2)(e) of this section.
c. 
If the report required by subsections (B)(2)(a)(i) and (ii) of this section is submitted, the Coordinator shall review the corrective action taken or to be taken to discover and eliminate the cause of the false alarm and the specific defenses, if any, set forth in the report. If it is determined that the corrective action taken or to be taken will subsequently reduce the likelihood of false alarms or that a valid defense to the initial determination of false alarm has been accepted, a notice will be sent to the alarm user that no assessment will be made at this time. The notice shall specifically set forth the findings and conclusions of the Coordinator with respect to the review of the report submitted.
d. 
If the Coordinator determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms or that a defense to the initial determination of false alarms has not been alleged or accepted, a notice shall be sent by certified mail to the alarm user that they will be assessed a false alarm assessment pursuant to subsection (B)(2)(e) of this section. The notice of decision shall contain the specific findings and conclusions of the Coordinator with respect to the review of the report submitted.
e. 
Assessments imposed pursuant to subsections (B)(2)(b) and (d) of this section shall be in an amount of fifty dollars ($50.00) per false alarm upon the fifth through the ninth false alarm; one hundred dollars ($100.00) per false alarm upon the tenth through the fourteenth false alarm; and two hundred dollars ($200.00) per false alarm upon the fifteenth and any subsequent false alarm within a permit year. The alarm user shall be responsible for the payment of assessments within ten (10) days of receipt thereof.
f. 
If the alarm user fails to pay the assessment within the time provided after receipt of written notification from the Coordinator as provided in this section, the Coordinator may summarily revoke the alarm user’s permit.
g. 
An alarm user whose permit has been revoked shall be furnished written notification by certified mail of such revocation and shall within three (3) days after the issuance of such written notification discontinue the use of the alarm system with respect to which a permit has been revoked.
h. 
Notice shall be considered issued on the date the notice is mailed by certified mail addressed to the alarm user at the address furnished to the Coordinator in connection with a permit application or at such other address as the alarm user may furnish in writing to the Coordinator.
i. 
An alarm user whose alarm user permit has been revoked may have it reinstated by paying all overdue assessments, submitting a corrective report detailing the corrective action taken with proof of inspection for malfunctions attached and paying a twenty-five dollar ($25.00) reinstatement fee.
j. 
In addition to permit revocation, the City of Winslow may also bring an action for an injunction in Superior Court with all costs of such suit to be borne by the alarm user.
(Prior code § 17-37; Ord. 1224 (part), 2014)
A. 
Each alarm or alarm system shall be inspected and serviced by the alarm user at lease once in each eighteen (18) month period. Records shall be maintained by the alarm user for each system showing dates of inspection and the name of the person making such inspection. Records shall be kept for a minimum of two (2) years after the date of the last inspection for review by the Coordinator upon twenty-four (24) hours’ notice.
B. 
It shall be unlawful for any person to intentionally activate an alarm or alarm system for any reason other than to warn of an actual emergency. This subsection shall not apply to the testing of alarms, or alarm systems when the testing has been done in accordance with the prescribed guidelines set by the Police Department and when the Police Department has been given advance notice of such testing.
C. 
No alarm user shall allow an audible alarm to sound in excess of thirty (30) minutes under any circumstances.
D. 
Within eight (8) days from the issuance of the final determination of assessment pursuant to this section for the tenth false alarm within a permit year, it shall be unlawful to operate the alarm or alarm system in such a manner that results in any subsequent false alarms.
(Prior code § 17-37; Ord. 1224 (part), 2014)
The information furnished by an alarm user to the Coordinator pursuant to this section shall be confidential and shall not be subject to public inspection.
(Prior code § 17-37; Ord. 1224 (part), 2014)
A. 
Any alarm user aggrieved by a decision of the Coordinator made pursuant to Section 9.10.070 may within ten (10) days of receipt of notice of the decision, appeal to a City Hearing Officer designated by the City Manager. A copy of the appeal request shall be sent to the Coordinator.
B. 
The request for an appeal shall set forth the specific objections to the decision of the Coordinator which form the basis of the appeal.
C. 
The Hearing Officer shall set a time and place for the hearing as soon as practical.
D. 
The decision of the Hearing Officer shall be based upon the evidence presented and it shall:
1. 
Affirm the decision of the Coordinator, in which case any assessment or permit revocation imposed pursuant to Section 9.10.070 shall be sustained; or
2. 
Reverse the decision of the Coordinator, in whole or part, in which case no assessment shall be imposed.
(Prior code § 17-37; Ord. 1129 (part), 2010; Ord. 1224 (part), 2014)
The City of Winslow shall not be liable for any failure to respond upon receipt of an alarm notification. In the event the City finds it necessary to order the revocation of a permit which necessitates discontinuing the use of an alarm or alarm system, the City shall incur no liability by such action.
(Prior code § 17-37; Ord. 1224 (part), 2014)