1 ORDINANCE NO AN ORDINANCE AMENDING CITY CODE CHAPTER 3-1 REGARDING FALSE ALARMS. WHEREAS, the City is proposing a number of changes to its false alarm billing system, including outsourcing its false alarm billing to a third party vendor; and WHEREAS, revisions to the City Code dealing with false alarms would be beneficial in improving the City s enforcement and collection practices for false alarms; and WHEREAS, the City desires to adopt the following changes to the City Code regarding false alarms. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA: Section 1: Article 3-1-A is hereby amended to read as follows: Article 3-1-A ALARM SYSTEM REGISTRATION Sections: 3-1-A-1 REGISTRATION REQUIRED; CIVIL PENALTIES. 3-1-A-2 APPLICATION OF PROVISIONS. 3-1-A-3 NO DUTY CREATED. Section 3-1-A-1 REGISTRATION REQUIRED; CIVIL PENALTIES. A. It shall be unlawful for any person, either as principal officer, agent, servant or employee, to possess, maintain, control, or operate an alarm system designed with the intent of eliciting a police or fire response without first registering such alarm system as required by the City. Each alarm registration shall be renewed annually. B. Failure to annually register any alarm system, as defined herein, shall subject the alarm user to assessment of a civil penalty, as adopted by ordinance, resolution or as otherwise permitted. C. Any alarm user which has more than two (2) false police alarms or more than two (2) false fire alarms in any 12 month period, shall be subject to a civil penalty in the form of a false alarm fee, as adopted by ordinance, resolution or as otherwise permitted. The amount of the civil penalty will increase for each subsequent chargeable false alarm in any 12 month period.
2 Section 3-1-A-2 APPLICATION OF PROVISIONS. A. Alarm system registrations are nontransferable and are required to be renewed at the beginning of each calendar year. In the event an alarm system is registered after the beginning of the calendar year, the registration shall be effective only for the remainder of that calendar year, and subject to annual renewals thereafter. B. Each separate alarm system in use in each building, structure or facility must be registered. C. The provisions of this Chapter are not applicable to an alarm user which, temporarily and in cooperation with the Lenexa Police Department, possesses, maintains or controls an alarm system owned by the Lenexa Police Department. D. Registration shall not be required for local alarm systems affixed to motor vehicles. Section 3-1-A-3 NO DUTY CREATED. Nothing in this Chapter shall be construed to create any duty, guarantee or obligation of a police or fire response to any alarm under any circumstances. In addition, nothing contained herein shall be construed to waive any defenses or immunities available to the City, including but not limited to those available pursuant to the Kansas Tort Claims Act. Section 2: Article 3-1-B is hereby amended to read as follows: Article 3-1-B OPERATING REGULATIONS Sections: 3-1-B-1 GENERAL REGULATIONS, REQUIREMENTS, AND DUTIES. 3-1-B-2 FALSE ALARMS; FEES; APPEALS. 3-1-B-3 AUTOMATIC DIALING DEVICES. 3-1-B-4 ALARMS IMITATING CERTAIN SYSTEMS PROHIBITED. 3-1-B-5 INSPECTIONS. Section 3-1-B-1 GENERAL REGULATIONS, REQUIREMENTS, AND DUTIES. A. Deactivation Of Audible Alarm: All local alarm systems, except those intended to elicit a Fire Department response, shall be equipped to automatically discontinue emitting an audible sound within two (2) minutes of activation for a personal residence and automobiles, and within sixteen (16) minutes of activation for commercial buildings.
3 B. Change In Required Information: In the event of any change in registration information required by this Chapter, the alarm user shall provide corrected information within ten (10) days after such change becomes effective, in the same manner as required for registration. C. Notice Of Service, Test, Repairs, Etc.: Prior to any service, test, repair, maintenance, adjustment, alteration or installation of any alarm system which might activate a false alarm, alarm users of a monitored alarm system shall notify the appropriate alarm service company; and alarm users of a local alarm system shall notify the Lenexa Police and Fire Departments. Upon the completion of such service, test, repair, maintenance, adjustment, alteration or installation, the alarm user shall notify the appropriate parties of such completion. D. Live Voice Responses; Information To Police: An alarm service company, alarm user, employee of a central station protective system or employee of an answering service charged with the responsibility of relaying a live voice request for an emergency response upon the activation of an alarm system shall give the following information to the police or fire communications center at the time of such request: address of alarmed location; type of alarm system that has been activated; name of commercial business or resident; specific location of the building, structure or facility protected by the activated alarm; name of the alarm service company making the request, if applicable; name of person making the request; and a phone number where the requesting party can be contacted. It is the sole responsibility of the person requesting an emergency response to notify authorized persons for such alarmed building, structure or facility, that such alarm has been activated. E. Alarm User Duties: The duties of an alarm user shall be as follows: 1. To instruct all personnel who are authorized to place the system or device into operation in the appropriate method of operation and to lock and secure all points of entry, such as doors and windows. 2. To inform all personnel who are authorized to place the alarm system into operation of the provisions of this Article emphasizing the importance of avoiding false alarms. 3. To identify, as part of the annual alarm registration process, the name and telephone number of the primary person, and at least one (1) alternate, to be notified in case the alarm is activated.
4 4. To respond to the scene of an activated alarm within thirty (30) minutes of being notified by either the user s alarm service company or the Lenexa Police or Fire Departments. 5. To maintain the alarm system in good working order and take reasonable measures to prevent the occurrence of false alarms. 6. To timely pay all civil penalties or criminal fines that are imposed for false alarms or violations of this Chapter. Section 3-1-B-2 FALSE ALARMS; FEES; APPEALS. A. Determination Of False Alarms; Records Kept: The Police Department and/or Fire Department shall be responsible for determining which alarms constitute false alarms as defined by Section 3-1-D-3 of this Chapter. A record of all chargeable false alarms shall be maintained by the responding department. B. Notice Of Third False Alarm: At the time of the third false police alarm or third false fire alarm for any premises or facility within any 12 month period, the alarm user responsible for such alarm system will be notified by regular mail at his or her last known address of such occurrence; of the amount of the associated false alarm fees; the date fees are due (if applicable); and that additional fees may be assessed for subsequent false alarms. Failure to receive said notice does not relieve the alarm user from the payment of the fee(s), assessment of late fees, or permit the extension of any applicable deadlines. C. Late Fee: Failure of any person to timely pay any civil penalties assessed for the occurrence of a false alarm or for the failure to register an alarm system shall result in the assessment of a late fee, as adopted by ordinance, resolution, or as otherwise permitted. Said late fee may be assessed for each subsequent month any portion of any civil penalty remains unpaid. D. Debt: The failure of any person to timely pay any civil penalty, false alarm fee, or late fee assessed pursuant to this Article shall constitute a debt to the City. To collect such debt, the City is authorized to utilize a collection agency, or to pursue any other legal remedies available to collect such debt, including a civil action. If a collection agency is used, the alarm user shall be solely responsible for any collection fees charged by the collection agency, in addition to the false alarm fee(s) or late fee(s). E. Appeals: Any alarm user who has been notified that a chargeable false alarm has been assessed against him/her shall have the right to appeal that decision by submitting a written notice of appeal within the time and in the manner
5 prescribed in the notice. The written notice of appeal shall include the reason(s) that the alarm user is relying upon to support his or her belief that the false alarm did not occur or should not be a chargeable false alarm. The submission of a written notice of appeal shall stay the assessment of the false alarm fee, if any, and the assessment of any late fees, until a decision on the appeal is rendered by an Alarm Coordinator. The Alarm Coordinator shall consider the statements and other evidence of the person appealing, and shall have the power to uphold or set aside the chargeable false alarm. The burden of proving that such alarm is not a chargeable false alarm shall be on the alarm user bringing the appeal. The decision of the Alarm Coordinator shall be final. Failure to submit a timely written notice of appeal within the time and in the manner prescribed in the notice shall be deemed a waiver of the alarm user s right to appeal the imposition of the chargeable false alarm and any related false alarm fee(s). Section 3-1-B-3 AUTOMATIC DIALING DEVICES. It shall be unlawful for any person to program an automatic dial protection device within the City to call directly to either a primary or secondary trunkline. It shall be unlawful for an alarm user to fail to disconnect or reprogram an automatic dial protection device within 12 hours of receipt of written notice from the City that an automatic dialing device is so programmed. Section 3-1-B-4 ALARMS IMITATING CERTAIN SYSTEMS PROHIBITED. It shall be unlawful for any alarm system to emit a sound similar to that of an emergency vehicle siren or a civil defense warning system. Section 3-1-B-5 INSPECTIONS. Any and all alarm systems within the City shall be subject to inspection by a representative of the Police Department, Fire Department, or their designee. Section 3: Article 3-1-C is hereby amended to read as follows: Article 3-1-C PENALTY FOR NONCOMPLIANCE Sections: 3-1-C-1 FALSE ALARM FEES; LATE FEES. 3-1-C-2 VIOLATION AND PENALTY. Section 3-1-C-1 FALSE ALARM FEES; LATE FEES.
6 A. False Alarm Fees Established: Any alarm user who has exceeded the number of permissible false police alarms or false fire alarms during any 12 month period shall be assessed a civil penalty in the form of a false alarm fee, as adopted by ordinance or resolution or as otherwise permitted. B. Payment of False Alarm Fees: All false alarm fees, civil penalties, and/or late fees assessed hereunder shall be paid within thirty (30) days of the date of notice that such fees are due. C. Late Fee: Failure to timely pay any false alarm fees or civil penalties may subject the alarm user to assessment of late fees per Section 3-1-B-2-C. Section 3-1-C-2 VIOLATION AND PENALTY. Each conviction for a violation of any of the provisions or requirements of this Chapter shall be an infraction and punishable by a fine of not more than one thousand dollars ($1,000.00). Any fine imposed by the Court shall be in addition to any and all fees or civil penalties which may have been assessed against an alarm user pursuant to this Article. Each day that an operating alarm system remains unregistered shall constitute a separate offense punishable as an infraction. Section 4: Article 3-1-D is hereby amended to read as follows: Article 3-1-D DEFINITIONS Sections: 3-1-D-1 ALARM SYSTEMS DEFINITIONS GENERALLY. 3-1-D-2 ALARM SYSTEMS DEFINITIONS - A-B. 3-1-D-3 ALARM SYSTEMS DEFINITIONS - C-L. 3-1-D-4 ALARM SYSTEMS DEFINITIONS - M-Z. Section 3-1-D-1 ALARM SYSTEMS DEFINITIONS GENERALLY. For the purposes of this Chapter 3-1, the following words and phrases shall have the meanings ascribed to them herein. Section 3-1-D-2 ALARM SYSTEMS DEFINITIONS - A-B. ALARM SERVICE COMPANY: An individual, partnership, corporation, or other entity, including an Answering Service, which sells, leases, maintains, services, repairs, alters, replaces, moves, monitors or installs any alarm system; or causes to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, monitored or installed any alarm system; in or on any building, structure or facility.
7 ALARM COORDINATOR: A person designated by the Chief of Police or Fire Chief to administer and enforce the provisions of this ordinance, including the review of appeals. ALARM SYSTEM: Any single device or assembly of equipment, mechanical or electrical, designed to signal the occurrence of an illegal or unauthorized entry, or other activity requiring urgent attention, and to which police or fire personnel would be summoned or expected to respond. Alarm systems do not include local alarm systems affixed to motor vehicles, or alarms intended to signal a medical response. ALARM USER: Any person, business or other entity, who owns, leases, controls or operates an alarm system, or who is in control of any property or premises on which an operating alarm system is located. ANSWERING SERVICE: An answering business providing, among its services, the service of receiving emergency signals from alarm systems and, thereafter, relaying the emergency message by live voice to the communication center of the Lenexa Police Department, as necessary. AUTOMATIC DIAL PROTECTION DEVICE: An electrically operated instrument composed of sensory apparatus and related hardware which, upon receipt of a stimulus from the sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion, automatically initiates a recorded voice alarm or other signal to the Lenexa Police Department indicating a need for emergency response. Section 3-1-D-3 ALARM SYSTEMS DEFINITIONS - C-L. CENTRAL STATION PROTECTIVE SYSTEM: A system or group of systems operated by a person, firm or corporation in which the operations of electrical protection circuits and devices are transmitted to, recorded in, maintained and supervised from a central station having operators in attendance at all times. CHARGEABLE FALSE ALARM: A false police alarm or false fire alarm, which is counted against the alarm user for the purpose of determining the number of false alarms occurring in a 12 month period and when a false alarm fee should be assessed. FALSE ALARM: A false police alarm or false fire alarm. FALSE FIRE ALARM: The unwanted activation of a fire alarm system that is not the result of an emergency or true hazard, whether the result of careless use, technical failure, improper maintenance, equipment malfunction, improper installation, accidental tripping, misoperation, misuse, or the negligence of the alarm user or his or her employees, agents, tenants or guests, which signals an urgent response by fire personnel when a situation requiring a fire response does not, in fact, exist. False fire
8 alarm does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user. FALSE POLICE ALARM: The unwanted activation of an alarm system other than a fire alarm system, whether the result of careless use, technical failure, improper maintenance, equipment malfunction, improper installation, accidental tripping, misoperation; misuse, or the negligence of the alarm user or his or her employees, agents, tenants or guests, which signals an urgent response by police personnel when a situation requiring a police response does not, in fact, exist. False police alarm does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user. LOCAL ALARM SYSTEM: An alarm system which, when activated, causes an audible and/or visual signaling device to be activated and is intended to be seen and/or heard by others outside of the protected premises. A local alarm system is not monitored by an alarm service company or answering service. Section 3-1-D-4 ALARM SYSTEMS DEFINITIONS - M-Z. PERSONAL RESIDENCE: The principal place of abode of any alarm user with an alarm system used for the security of his own home. PRIMARY TRUNKLINE: A telephone line leading into the communications center of the Police Department that is for the purpose of handling emergency calls on a person-toperson basis and which line is identified by a specific listing among the emergency numbers in the telephone directory issued by the telephone company serving the City. SECONDARY TRUNKLINE: A telephone line leading into the central switchboard in the police station that is identified by a specific listing in the telephone directory for handling administrative and other calls on a person-to-person basis. Section 5: Penalty: Any violation of the above provisions shall be punishable in accordance with Section 1-1-C-3, unless otherwise specifically set out. Section 6: Interpretation: This Ordinance shall be construed as follows: A. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience. B. Savings Clause: The repeal of any Ordinance or Code Section, as provided herein, shall not revive an Ordinance previously repealed, nor shall the repeal affect any right which accrued, any duty imposed, any penalty incurred or any proceeding commenced, under or by virtue of the Ordinance repealed. Said Ordinance
9 or Code repealed continues in force and effect after the passage, approval, and publication of this Ordinance for the purpose of pursuing such rights, duties, penalties, or proceedings. C. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of this Ordinance, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, City Code or other ordinances. Section 7: Repeal: The existing Code Articles 3-1-A, 3-1-B, 3-1-C and 3-1-D are hereby repealed. Section 8: Effective Date: This Ordinance shall become effective January 1, 2013, following publication in the official City newspaper. PASSED BY the City Council this 18 th day of December, SIGNED BY the Mayor this 18 th day of December, CITY OF LENEXA, KANSAS /s/ Michael A. Boehm, Mayor ATTEST: /s/ David F. Bryant, III, City Clerk APPROVED AS TO FORM: /s/ Marcia L. Knight, Assistant City Attorney
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