CHAPTER 129: ALARM SYSTEMS

Transcription

1 CHAPTER 129: ALARM SYSTEMS SECTION Purpose Definitions Permit Required No City Liability; No Obligation to Respond Permit Application Permit Fees Local Alarms False Alarms Primary Trunk Line Alarms Prohibited Burglar Alarm Verification Process Revocation of Permit Severability Penalty Sec Purpose (A) The primary purpose of this Chapter is to establish rules and requirements for the use of Alarm Systems, reduce the number of unnecessary responses by the Police and Fire Departments to mechanically or electronically activated Burglar, Hold-up, Panic, Fire, Environmental and Medical Alarms, and to assess penalties for emergency responses to False Alarms. Statistics compiled by the Police and Fire Departments indicate that the overwhelming number of responses to mechanically or electronically activated alarms are for False Alarms. (B) The City Council finds that False Alarms severely impact and endanger the safety and general welfare of the residents of the City. In addition to the significant cost involved in responding to False Alarms and the concurrent loss of manpower and ineffective utilization of equipment, False Alarms require emergency responses which may contribute to a high accident rate. (C) The City Council finds that it is appropriate to assess penalties for the occurrence of more than two False Alarms for an Alarm System in one calendar year. Moreover, the failure to pay service charges or the occurrence of 12 or more False Alarms in one calendar year may constitute grounds for revocation of an Alarm System Permit and for public safety personnel not to respond to additional Alarm Occurrences. Nothing in this Chapter, however, shall be deemed to require or obligate public safety personnel to respond to an Alarm Occurrence. (D) The City assumes no responsibility for delays in installation of any equipment involved, or for any interruptions of service due to strikes, riots, floods, fires, telephone equipment breakdowns, acts of God, or any other cause beyond the control of the City

2 (E) Nothing herein shall preclude public safety personnel from responding to any call or request for assistance that is other than an Alarm Occurrence (i.e. notification of the public safety personnel by means other than activation of an Alarm System.) Sec Definitions. Whenever the following words and phrases are used, they shall, for purposes of this Chapter, have the meanings respectively ascribed to them in this Section , except when the context otherwise indicates: (A) Alarm Board: That terminal portion of the alarm monitoring system of a Listed Central Station located and maintained by a private alarm company that audibly announces and visually displays alarm signals received from Monitored Alarm Systems. (Ord , J.41, p.71-77, passed 01/26/15) (B) Alarm Coordinator: The person designated jointly by the Police Chief and the Fire Chief, which Alarm Coordinator shall have responsibility and authority for enforcing the provisions of this Chapter. (C) Alarm Occurrence: The activation of an Alarm System for, or as a result of, any reason whatsoever, which notifies the Police or Fire Department to respond to the premises on which the Alarm System exists. (D) Alarm System: Any assemblage of mechanical or electrical equipment or Automatic Protection Devices (or a single Automatic Protection Device such as a solid state unit which plugs directly into a 110-volt AC line and/or is battery powered) arranged to signal the presence of a hazard, occurrence of an unauthorized intrusion or other activity requiring urgent and immediate attention. (E) Alarm System Radio Connection: A radio signal from an Alarm System Site to a Listed Central Station and connected to the Alarm Board, for the purpose of carrying and receiving emergency messages that originate from a Monitored Alarm System. (Ord , J.41, p.71-77, passed 01/26/15) (F) Alarm System Site: A single premise or location served by a Monitored Alarm System(s). Each occupancy, if served by a separate Monitored Alarm System in a multi-occupancy building or structure, shall be considered a separate Alarm System Site. (G) Alarm User: A person who owns, operates, maintains, or controls the premises where a Monitored Alarm System is installed for use. (H) Automatic Protection Device: Any electrically-operated instrument composed of sensory apparatus and related hardware that automatically sends by direct connection, radio signal or otherwise, an alarm signal or pre-recorded voice alarm upon receipt of a stimulus from the sensory apparatus that it has detected a physical force or condition inherently characteristic of a fire, environmental hazard or unauthorized intrusion. (I) Burglar Alarm: An Automatic Protection Device designed specifically to detect entry of an individual into a structure or area

3 (J) Central Station: A location not affiliated with the Police or Fire Departments to which a Monitored Alarm System is connected. (K) Central Station Permit: A permit issued by the City in accordance with this Chapter for the privilege and ability to operate an Alarm System in the City that is connected to a Listed Central Station or Central Station. (Ord , J.41, p.71-77, passed 01/26/15) (L) Environmental Alarm: An Automatic Protection Device designed specifically to detect the presence of potentially-harmful products within the atmosphere of a designated area. (M) False Alarm: An Alarm Occurrence that was raised by human error or mechanical failure or malfunction to summon aid or to alert others, to which the Police or Fire Department responded and for which no emergency or other situation requiring an immediate response existed. (N) Fire Alarm: An Automatic Protection Device designed specifically to detect products of combustion. Code. (O) Fire Chief: The Fire Chief of the City, as defined in Section of this (P) Fire Department: The Fire Department of the City, as established in Section of this Code. (Q) of the City. (R) Fire Marshal: The Fire Marshal of the City, as designated by the Fire Chief Fire Prevention Code: Chapter 91 of this Code, as amended. (S) Hold-Up Alarm: A system that provides for manual activation of a signal that is transmitted to a location where Police Department personnel can be summoned. (T) Listed Central Station: A location not affiliated with the Police or Fire Departments to which a Monitored Alarm System is connected, which location is operated by an alarm company that is certified to install, maintain, test, inspect, monitor and communicate with proper authorities. (Ord , J.41, p.71-77, passed 01/26/15) (U) Local Alarm: An Alarm System of any kind that sounds audibly and/or causes any type of flashing or rotating lamp or beacon to be activated on the premises of the Alarm User, but does not transmit a signal to a Central Station or to the City Emergency Dispatch Center. (V) Medical Alarm: A system that provides for manual activation of a signal that is transmitted to a location where Emergency Medical personnel can be summoned. (W) Monitored Alarm System: An Alarm System connected either to a Central Station or directly to the City Emergency Dispatch Center

4 (X) Monitored Alarm System Permit: A Central Station Permit or a Direct Connect Permit. (Y) Panic Alarm: A system that provides for manual activation of a signal that is transmitted to a location where Police Department personnel can be summoned. (Z) Pre-Existing Direct Connect Alarm System: A Direct Connect Alarm System that was connected to the City Emergency Dispatch Center on or before January 8, (AA) this Code. Police Chief: The Chief of Police of the City, as defined in Section of (BB) Police Department: The Police Department of the City, as established in Section of this Code. (CC) Primary Trunk Line: A telephone line to the dispatch center that provides dispatch services for the City to the dispatch center that provides dispatch services for the City that is to be utilized by the general public for emergency calls on a person-to-person basis and which line may be identified by a specific listing among the emergency numbers in the local telephone directory serving the City and its environs. (Ord , J.41, p.71-77, passed 01/26/15) (DD) Special Trunk Line: A telephone line leading into a Listed Central Station and connected to the Alarm Board of the Listed Central Station, for the purpose of carrying and receiving emergency messages that originate from a Monitored Alarm System. (Ord , J.41, p.71-77, passed 01/26/15) (EE) Verification Process: The independent procedure by which a Central Station may determine that a signal from an Alarm System does, or does not, require immediate emergency response. Sec Permit Required. (A) General Requirement. No person, firm or corporation shall install, use, operate, or maintain a Monitored Alarm System prior to issuance of an annual permit therefor, in accordance with the procedures set forth in this Chapter. The permit required pursuant to this Chapter shall be required in addition to, and not in lieu of, any permits required pursuant to any other provision of this Code or any other applicable statute, law, ordinance, or regulation. (Ord , J. 36, p , passed 3/8/10) (B) Listed Central Station Permit Required. The owner of any premises required to have a Fire Alarm System pursuant to the Fire Prevention Code shall file an application for a Listed Central Station Permit, in accordance with the procedures set forth in this Chapter; provided, however, that the owner of any of the following types of premises shall only be required to file for an application for a Central Station Permit: (Ord , J.41, p.71-77, passed 01/26/15) (1) Single-family residential structures that conform with the applicable side yard setback requirements set forth in Chapter 150 of this Code; 129-4

5 (2) Business or mercantile occupancies that (a) are located in structures in which no residential occupancies are located, and (b) are not required by the Fire Prevention Code to have an Operational Permit; or (3) Multiple-family residential structures, and all individual dwelling units therein, (a) that were constructed prior to January 8, 2007, (b) that have no interior common areas, and (c) for which each dwelling unit has its own exit to the structure's exterior. (C) Transfer of Permit Prohibited. No Alarm System Permit may be transferred to another Alarm System Site or to another Alarm User or person, except upon approval of an application therefor by the Alarm Coordinator, in accordance with Section of this Chapter. Sec No City Liability; No Obligation to Respond (A) The City assumes no liability for any defects in the operation of any Alarm System, for any actions or failure to act of any alarm business, alarm contractor, Alarm User, or other person in connection with the transmission or receipt of alarm signals, or any action or failure to act upon receipt of an alarm from any source, or any action or failure to act in connection with the installation, use, operation or maintenance of any Alarm System. (B) The City assumes no liability for the revocation, pursuant to Section of this Chapter, of any Alarm System Permit. (C) The City shall have no obligation to respond to, and assumes no liability for, any Alarm Occurrence generated by any Monitored Alarm System for which (1) no valid Alarm System Permit has been issued, (2) all applicable fees have not been paid, in accordance with the provisions set forth in this Chapter, or (3) the Alarm System Permit has been revoked, in accordance with Section of this Chapter. (D) No special duty other than that owed to the general public shall be created by virtue of this Chapter, by virtue of the issuance of an Alarm System Permit, or as a result of the transmission or receipt of any signal or message by a Listed Central Station. (Ord , J.41, p.71-77, passed 01/26/15) Sec Permit Application. (A) General Application Requirements. An applicant for a Monitored Alarm System Permit shall annually file an application therefor with the Alarm Coordinator, on a form provided by the City, which application shall include, without limitation, the following: (1) The name and address of the applicant; applicant; applicable; (2) The name and address of the property owner, if different from the (3) The street address of the Alarm System Site, including the unit, if 129-5

6 (4) A general description of the type and purpose of the proposed Monitored Alarm System; (5) The names, addresses and telephone numbers of at least three persons responsible for the Alarm System Site where the proposed Monitored Alarm System will be located, which persons may be called and will respond to the Alarm System Site, if requested in the event of activation; (6) The name, address and telephone number of the person, firm or corporation that will install the proposed Monitored Alarm System, and the person, firm or corporation that will be responsible for any maintenance or repair of the Monitored Alarm System. (7) [Reserved] (8) A statement of whether a silent alarm, or audible or visual alerting signals, are or will be located on the Alarm System Site; (9) An acknowledgement, signed by the applicant, that the City may, in accordance with Section of this Chapter, revoke any Alarm System Permit for excessive False Alarms, for non-compliance with the Verification Process, in accordance with Section of this Chapter, or for non-payment of applicable fees or penalties; and (10) Payment of all fees required pursuant to this Chapter. (B) Issuance of Permit. (1) Central Station Permit. The Alarm Coordinator shall issue a Central Station Permit upon receipt of a complete application therefor. (2) New Combination Direct Connect Alarm Systems Prohibited. Notwithstanding any provision of this Chapter to the contrary, no Direct Connect Permit shall be issued for any new Direct Connect Burglar, Hold-up, or Panic Alarm System proposed to be combined on a Special Trunk Line or via an Alarm System Radio Connection with a Fire, Medical, or Environmental Alarm System. (C) Change in Information. Not later than 30 days after a change in any of the information required pursuant to this Section , the Alarm System's Alarm User shall file an amended permit application, reflecting the change in information. Sec Permit Fees. Application Fees. At the time of filing of an application for an Alarm System Permit, the applicant shall submit payment of the Central Station Permit application fee in the amount set forth in the Annual Fee Resolution. (Ord , J.41, p.71-77, passed 01/26/15) 129-6

7 Sec Local Alarms (A) Local Alarms shall not make a sound similar to that of sirens on emergency vehicles or of outdoor public warning sirens. (B) All owners or users of Local Alarms shall ensure that their Local Alarm will be maintained and turned off or reset in the case of malfunction so as not to be audible, or to create a disturbance, to surrounding property owners. (C) All Local Alarms, except Local Fire Alarms and Local Environmental Alarms, shall be equipped so as to mechanically or automatically reset or cease the alarm sound within 15 minutes of the time that it commences sounding. Sec False Alarms. (A) Penalty for Three or More False Alarms. Upon a finding that an Alarm User was responsible for the occurrence of a third False Alarm for any Alarm System, and each False Alarm thereafter, within any calendar year, the Alarm User shall pay a penalty, in the amount set forth in the Annual Fee Resolution, within 30 days of receipt of the notice provided pursuant to Section (D) of this Chapter. (B) Disconnection and Revocation. Upon the occurrence of 12 or more False Alarms within one calendar year for the Monitored Alarm System, the Alarm System Permit may be revoked in accordance with, and pursuant to, Section of this Chapter. (Ord , J.41, p , passed 01/26/15) (C) Rebuttable Presumption. There shall be a rebuttable presumption that an alarm activation was a False Alarm whenever the Alarm Coordinator or Fire Marshal determines that: (1) There was no evidence of a crime or an actual fire, or other activity on the Alarm System Site, warranting a call for an immediate Police or Fire Department response; (2) There was no physical evidence at the Alarm System Site that violent conditions of any nature, or other extraordinary circumstances beyond the control of the Alarm User, caused the activation of the alarm; or (3) In the event of a Hold-up Alarm, Panic Alarm, Environmental Alarm, or Medical Alarm, there was no evidence of an emergency or potential emergency. (D) Notification of False Alarm. Upon the occurrence of a False Alarm, the Alarm Coordinator shall notify the responsible Alarm User of the False Alarm in writing, delivered personally or by first-class mail. The notice provided pursuant to this Section (D) shall include, without limitation, the following: (1) The total number of False Alarms recorded for the Alarm System in the current calendar year for which the Alarm User was found responsible; 129-7

8 (2) Notification that the City will assess a penalty for the third False Alarm for the Alarm System for which the Alarm User was found responsible, and each False Alarm thereafter, in each calendar year, in accordance with Section (A) of this Chapter; (3) The penalty for the False Alarm, if any, as provided by Section (A) of this Chapter; and (4) Notification that the City may revoke the Alarm System Permit for the Alarm System upon the occurrence of 12 or more False Alarms in any calendar year for the Monitored Alarm System, or for non-payment of any fee or penalty required or imposed pursuant to this Chapter, in accordance with Section of this Chapter. (E) Appeal. (1) Request for Appeal. An Alarm User may appeal a finding that a False Alarm occurred for which the Alarm User was found responsible by filing a written request therefor with the Alarm Coordinator (for Burglar, Hold-up or Panic Alarms) or Fire Marshal (for Fire, Medical, or Environmental Alarms) not later than 30 days after receipt of notice of the False Alarm provided pursuant to Section (D) of this Chapter. The appeal shall include any evidence that the Alarm Occurrence was not a False Alarm, or that the Alarm User was not responsible for the False Alarm, and shall be accompanied by a sworn affidavit of the Alarm User testifying to the validity of the evidence submitted. (2) Ruling on Appeal. The Alarm Coordinator or the Fire Marshal, as the case may be, shall review any evidence submitted by the Alarm User and shall submit a written ruling on the Alarm User's appeal not later than 45 days after receipt of the appeal. The failure of the Alarm Coordinator or the Fire Marshal, as the case may be, to render a written ruling on the Alarm User's appeal within 45 days shall be deemed a denial of the appeal. (Ord , J. 27, p , 5/15/01; Ord , J. 33, p , passed 1/8/07) Sec Primary Trunk Line Alarms Prohibited. No person shall connect or key any Automatic Protection Device or Alarm System located within the City to a Primary Trunk Line. Any person found in violation of this Section shall cause the Automatic Protection Device or Alarm System to be disconnected from the Primary Trunk Line, and shall be fined not less than $200 nor more than $1000 for each offense

9 Sec Burglar Alarm Verification Process. (A) Except as otherwise provided in this Section, every person, firm, or corporation that operates a Central Station to which a Burglar Alarm System within the City is connected shall provide a copy of its Verification Process to the Police Department, which Verification Process shall include, without limitation, the following: (1) A procedure by which the Alarm User, or authorized designee thereof, may send a special signal to the Central Station that will cancel an alarm immediately after the signal has been sent, in order to prevent the Central Station from calling the City Emergency Dispatch Center; (2) A confirmation procedure by which the Alarm User, or authorized designee thereof, may verify to the Central Station the need for an immediate Police Department response; and (3) One of the following: (a) A method of establishing voice communications with the Alarm User, or authorized designee thereof, at or near the Alarm System Site, for the purpose of determining whether there is an immediate need for an emergency response by the Police Department; (b) Installation of a video system that permits the Central Station to ascertain whether activity is occurring at the Alarm System Site that warrants an immediate emergency response of the Police Department; or (c) An alternate system, to be approved by the Alarm Coordinator, that will adequately and reliably provide a means of determining whether there is an immediate need for a response by the Police Department. (B) In the event that the Police Department responds to a False Burglar Alarm at an Alarm System Site for which a Verification Process is required pursuant to this Section , the Alarm User shall modify the Burglar Alarm System and Verification Process as may be necessary to comply with the requirements of this Section , within 60 days of receipt of the notification delivered pursuant to Section (D) of this Chapter. The Police Department shall not be obligated to respond to alarm signals from the Alarm System Site until the Verification Process is modified to comply with the requirements of this Section. The failure of an Alarm User to comply with the requirements of this Section (B) shall constitute grounds for revocation of the Alarm System Permit and disconnection of the Alarm System from the Alarm Board, in accordance with Section of this Chapter. (C) Notwithstanding any provision of this Section to the contrary, no Verification Process shall be required for any type of alarm other than a Burglar Alarm. (D) Upon verification of a bonafide Alarm Occurrence from the Alarm System Site, an employee, representative, or agent of the Central Station shall notify the City Emergency Dispatch Center. In no event shall a Central Station notify the City Emergency 129-9

10 Dispatch Center of a bonafide Alarm Occurrence by use of an automatic dialer or other similar automated system. Sec Revocation of Permit. (A) Grounds for Revocation. The City shall have the right, but not the obligation, to revoke an Alarm System Permit upon the occurrence of any of the following: (Ord.24-15, J.41, p.71-77, passed 01/26/15) (1) 12 or more False Alarms for the Monitored Alarm System in any calendar year for which one specific Alarm User was responsible; (2) A False Alarm from the Monitored Alarm System within 90 days of reinstatement of the Alarm System Permit, in accordance with Section (B)(3) of this Chapter; (3) Failure of the Alarm User to properly maintain the Monitored Alarm System in accordance with the requirements set forth in this Chapter; (4) Failure to modify the Burglar Alarm System or Verification Process as may be required pursuant to Section (B) of this Chapter; or Chapter. (B) (5) Failure to pay any fee or penalty required or imposed pursuant to this Revocation Procedure. (1) The Alarm Coordinator shall notify the Alarm User by certified mail or personal delivery that the Alarm System Permit shall be revoked and/or that the Direct Connect Alarm System shall be disconnected thirty days from the date of mailing or personal delivery. (2) In the event that the City seeks to revoke an Alarm System Permit due to excessive False Alarms, pursuant to Section (A)(1) of this Chapter, the Alarm User may submit a written report within 14 days of the date of mailing or personal delivery of the revocation or disconnection notice to the Alarm Coordinator, describing the actions taken or to be taken by the Alarm User to identify and eliminate the grounds for which the revocation procedure was initiated, and requesting that the Alarm System Permit be maintained. (Ord , J.41, p.71-77, passed 01/26/15) (3) In the event that the Alarm User submits a report requesting nonrevocation of an Alarm System Permit pursuant to Section (B), the Alarm Coordinator shall determine if the action taken or to be taken will eliminate the grounds for which the revocation procedure was initiated. If the Alarm Coordinator determines that the action will eliminate the grounds for which the revocation procedure was initiated, the Alarm Coordinator shall approve the Alarm User s request and shall notify the Alarm User via certified mail or personal delivery that the request has been approved. The Alarm User shall be responsible for any costs related to the reinstatement and/or reconnection. (Ord , J.41, p.71-77, passed 01/26/15)

11 (4) If the Alarm Coordinator determines that the action taken or to be taken will not eliminate the grounds for which the revocation procedure was initiated, the request shall be denied. The Alarm Coordinator shall notify the Alarm User by certified mail or personal delivery that the Alarm System Permit will be revoked, upon completion of the 30-day period specified in Section (B)(1) of this Chapter. (Ord , J.41, p.71-77, passed 01/26/15) (C) No City Liability Upon Revocation. Pursuant to Section (C) of this Chapter, the City shall have no obligation to respond to, and assumes no liability for, any Alarm Occurrence generated by any Monitored Alarm System for which the Alarm System Permit has been revoked in accordance with this Section. (D) Notification of Disconnection. Upon disconnection of any Monitored Alarm System from the Alarm Board in accordance with this Section, the Alarm User thereof shall be notified of such disconnection by certified mail, return receipt requested. (E) Fee in Lieu of Revocation. The City shall have the right, but not the obligation, to impose a fee upon an Alarm User in lieu of revocation of an Alarm System Permit or forced disconnection of a Monitored Alarm System, in the amount set forth in the Annual Fee Resolution, if revocation or forced disconnection would otherwise be permitted in accordance with Section (A) of this Chapter. Sec Severability. If any provision or part thereof of this Chapter is held invalid by a court of competent jurisdiction, the remaining provisions of this Chapter shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Chapter to the greatest extent permitted by applicable law. Sec Penalty. (A) Any person that installs a Monitored Alarm System for which no Alarm System Permit has been issued shall be guilty of a misdemeanor and upon conviction shall be fined not less than $200 nor more than $1,000 for each offense. (B) Any person, firm, or corporation who shall use, cause, or permit to be used, a Monitored Alarm System for which no Alarm System Permit has been issued shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 for each offense. (C) Except as otherwise provided elsewhere in this Chapter, any person who violates any provision of this Chapter, who makes a false statement in obtaining a permit pursuant to this Chapter, or who violates a condition of a permit granted pursuant to this Chapter, shall be fined not less than $200 nor more than $1,000 for each offense. (D) Each day that a Monitored Alarm System exists in violation of the provisions of this Chapter shall be deemed a separate and distinct violation

12 (Note: Chapter 129 amended in toto by Ord , J. 14, p. 1272, passed 10/5/81, published 10/15/81; Chapter 129 amended in toto by Ord , J. 17, p , passed 5/9/88; Chapter 129 amended in toto by Ord. 4-07, J. 33, p , passed 1/8/07)