Chapter 8.24 ALARM SYSTEMS. Sections: Purpose and intent Applicability Definitions Alarm business duties.

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1 Chapter 8.24 ALARM SYSTEMS Sections: Purpose and intent Applicability Definitions Alarm business duties Alarm user duties Proprietor's alarm responsibilities Duties of the monitoring agency Alarm user permit required Prohibition against automatic dialing devices Removal of non-compliant equipment Violations Right to privacy Liability of city limited Governmental immunity Penalties Fees payable Appeal procedures Enforcement Purpose and intent. A. This chapter is intended to encourage improvement in the reliability of alarm systems, devices and services, and to insure that law enforcement will not be unduly diverted from responding to actual criminal activity as a result of responding to false alarms. B. This chapter governs burglary, panic, robbery and holdup alarms, both audible and inaudible, intended to summon law enforcement response, and requires alarm permit registration, provides for a fee schedule to be adopted, provides for penalties for violations, establishes a system of administration and sets conditions for revocation of permits, and if necessary, suspension of law enforcement response Applicability.

2 This chapter addresses those persons who purchase, lease or rent, and those persons who own or conduct the business of selling, leasing, renting, maintaining or monitoring, alarm systems, devices or services within the City. The provisions of this chapter shall not apply to alarm systems owned by city, county, state or federal governments or agencies, when such systems are utilized on premises owned, operated and installed by the respective city, county, state or federal government or agency. This chapter shall apply to schools and other public and quasi-public uses. The provisions of this chapter shall not apply to audible fire alarms or audible alarms affixed to automobiles Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this chapter: Act of nature means an unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, the effects of which cannot be prevented by reasonable human care, skill or foresight. Alarm or alarm system means any mechanical or electrical device used for alerting others of unauthorized entry, an emergency, or the commission of an unlawful act within buildings or on premises. Alarm agent means any person employed by an alarm business, either directly or indirectly, whose duties include any of the following: installing, maintaining, servicing or repairing an alarm or alarm system in or on any building, place or premises. Any person whose duties consist solely of resetting an alarm following activation is not an alarm agent. Alarm business means any person, firm or corporation that is in the business of selling, leasing, maintaining, servicing or repairing any alarm or alarm system in or on any building, structure or facility. Alarm coordinator means the police chief, or an individual designated by the police chief to enforce the provisions of this chapter. Alarm permit means written authorization granted by the alarm coordinator to an alarm user to operate an alarm system. Alarm site means any single location served by an alarm system or alarm systems. Each unit, if served by separate alarm systems in a multi-unit building/complex, shall be considered a separate alarm site. Alarm user means any person or business that leases, rents, purchases or uses a monitored or proprietor alarm, alarm system, device or service. Audible alarm means a device designed for the detection of unauthorized entry of premises and which, when activated, generates an audible sound on the premises. Automatic dialing device means a device that 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 or code signal or by maintaining an open line with emergency services. Cost recovery means an assessment for the recovery of costs incurred by the police department in responding to false alarm activations. False alarm means an alarm signal or message indicating an emergency, causing the police department to respond and which, upon investigation, results in a police officer finding no evidence of a criminal offense or an emergency situation. Excluded from the definition of false alarm are: 1. Alarms occurring as a result of an acts of nature;

3 2. Any disruption of the telephone circuit beyond the control of the alarm company and/or user; 3. Electrical power disruptions or failure; and 4. Alarms caused by failure of the equipment at the monitoring station. Holdup/robbery alarm means any signal manually activated to indicate a robbery or holdup in progress, but is not the result of a robbery, holdup, or any exclusion from the false alarm definition listed above. Monitoring station means any person in the business of providing monitoring services that will notify the police department of an emergency. Panic alarm means an alarm system signal generated by the manual activation of a device intended to signal a lifethreatening or emergency situation, requesting law enforcement response. Person means an individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other group or combination acting as a unit, and the plural as well as the singular number. Proprietor alarm means any alarm or alarm system that is not leased or rented from, or owned or maintained under contract by an alarm business Alarm business duties. In addition to other duties that may be set forth in this chapter, the duties of an alarm business shall be as follows: A. To install an alarm system compatible with the environment, to take reasonable measures to prevent the occurrence of false alarms, and, if it has agreed to provide maintenance or repair service to the system, to service the system within seventy-two hours of a request for service. The alarm business shall not install a single-action, nonrecessed button as a device to activate a holdup or panic alarm. B. To provide written and oral instructions to each of its alarm subscribers, and the principal occupants of the buildings or premises protected by an alarm system, in the proper use and operation of the system. Such instruction will specifically include all instructions to turn the alarm system on and off, and to avoid false alarms. C. To provide each purchaser and subscriber with a copy of this chapter, an alarm subscriber/proprietor permit application, and false alarm prevention material. The alarm business shall complete and sign the alarm subscriber/alarm company information form with the alarm subscriber/user, and submit the form as required in Subsection G. of this section. D. Upon leasing or renting an alarm system: 1. To conspicuously place on the premise a tag identifying the alarm business, including a telephone number to call when the alarm has been activated. 2. To maintain current records of the locations of alarm system, devices or services, and the names and telephone numbers of the persons and alternates to be notified whenever the alarm is activated. 3. To inactivate or cause to be inactivated the audible alarm within thirty minutes of the notification of its activation, in the event the primary and alternate cannot be contacted or do not respond.

4 E. Upon leasing, renting, selling or monitoring an alarm system: 1. To establish a central receiving station that will monitor these alarm systems. The central receiving station shall attempt to contact the alarmed location by telephonic or other electronic means on every alarm signal, except a holdup, robbery, panic or similar duress alarm activation, whether or not actual contact with a person is made, before requesting a police response to an alarm system signal. 2. To organize its central receiving station in order to be able to readily and positively identify the type of alarm, including but not limited to, burglary, holdup or panic alarm, and the location of the alarm, if there is more than one system, whether the alarm is audible or silent, the alarm subscriber permit number, the description of the zone or sensor activated, and the name and response time of a responsible party. 3. To maintain records as to each of these alarm systems, devices or services, which shall include the name of the owner or occupant of the premises, the name and the telephone number of the subscriber, a primary person and at least one alternate responsible for responding to the premises when the alarm is activated, information concerning whether the alarm system includes an audible alarm, and records of any alarm activation for a period of one year from the date of the activation. The records required by this paragraph shall be made available for inspection to any state law enforcement officer or city regulatory licensing inspections official, upon twenty days' prior written demand. The business may require the law enforcement officer or inspector to complete an inspection log with name, serial or badge number, time, date, and purpose of the inspection. 4. To notify the police department of activated alarm systems in the manner prescribed by the police chief, including such reasonable information concerning the alarm system as the police department may request. Reasonable information shall include copies of central station alarm activity reports, the names of persons from the activated alarm location who have contracted with the alarm business, and any mailing or telephonic information for the activated alarm location. The information shall be made available at any reasonable time upon request for inspection by police department representatives. 5. To arrange for either the alarm subscriber, alarm agent or other responsible representative to go to the premises of an activated alarm system within thirty minutes of the activation of the alarm, in order to be available to assist the police in determining the reason for activation, and in securing the premises. In no event shall there be an unreasonable delay in arriving at the location of the alarm. 6. To notify the alarm subscriber or other responsible person, in the case of a monitored alarm system, of all alarm activations at the alarm subscriber's premises within twenty-four hours of activation, not including weekends and holidays, by telephone, facsimile transmission, or written notice deposited in the United States mail. F. To cease responsibility for an alarm system pursuant to the chapter, the alarm business shall send written notice to the police department in the event the alarm business ceases to lease, rent, maintain service, or monitor any alarm system. The notice shall be sent within ten days after the date service or responsibility is discontinued. G. To submit, on a form and in the manner prescribed by the police chief, such information concerning compliance of the alarm business with its duties under this section as the police chief may request. An alarm business representative and the subscriber shall complete and sign the alarm subscriber/alarm company information form, and the alarm business shall submit the form to the police department within ten days of commencement of service for the alarm system. H. Alarm businesses that do not monitor, maintain, service or install alarms or alarm systems, except as set forth in this Subsection H., shall not be subject to Subsections A. through F. of this section, but shall be responsible for instructing each person who purchases an alarm or alarm system in the proper use and operation of the alarm, informing each alarm subscriber or alarm purchaser to contact the police department for information regarding this chapter, advising each alarm subscriber or alarm purchaser of the requirement of an alarm subscriber permit, and providing a copy of this chapter to each alarm subscriber or alarm purchaser. Such instruction will specifically include all instructions necessary to turn off the alarm and to avoid false alarms. Any alarm business that sells an alarm or an

5 alarm system with monitoring services, or leases, rents, installs, maintains or services an alarm or alarm system with monitoring services, shall be subject to Subsections A. through G. of this section. I. Any alarm business that monitors, but does not sell, lease, rent, install, service or maintain alarms or alarm systems shall be subject to Subsections E., F. and G. of this section. J. Any alarm business that sells or installs alarms or alarm systems without monitoring services, and does not lease, rent, install, maintain or service alarms or alarm systems, shall be subject to Subsections C., D. and G. of this section Alarm user duties. In addition to other duties that may be set forth in this chapter, the duties of an alarm user shall be: A. To obtain an alarm permit within ten days of installation of an alarm system. B. To inform persons authorized to place the alarm system into operation of the provisions of this chapter, emphasizing the importance of avoiding false alarms. A current copy of the provisions of this chapter shall be maintained on the premises, and shall be made available to persons authorized to install an alarm system into operation. C. To obtain a new permit within ten days if the alarm user moves to another location. Any other change in the alarm user's service shall be sent to the alarm coordinator within ten days of the change. D. To respond in person or via designated responsible party to the alarm system's location within thirty minutes of alarm activation, or when requested by law enforcement, in order to: 1. Deactivate an alarm system; and/or 2. Provide access to the alarm site. E. To renew the permit annually, as long as the alarm system is in operation. F. To maintain the alarm or alarm system in good working order, and take reasonable measures to prevent the occurrence of false alarms. G. To disconnect any alarm system upon notice of revocation. H. To ensure that the alarm system is not subject to false alarms Proprietor's alarm responsibilities. In addition to other duties that may be set forth in this chapter, the duties of a proprietor alarm user shall be: A. To be familiar with the provisions of this chapter, and to obtain an alarm permit from the alarm coordinator within ten days of installation of any alarm system. B. To maintain the alarm system in good working order, and to take reasonable measures to prevent the occurrence of false alarms. C. To notify the alarm coordinator of the names, addresses, and telephone numbers of the primary person and at least two alternates to be notified, in case the alarm is activated and law enforcement is called to respond.

6 D. To deactivate the alarm system within thirty minutes of notification of its activation. E. To ensure that the alarm system is not subject to false alarms Duties of the monitoring agency. In addition to other duties that may be set forth in this chapter, the duties of a monitoring agency shall be: A. To establish a monitoring station in order to monitor alarm systems. B. To organize its monitoring station in order to be able to readily and positively identify the type of alarm (i.e., burglary, robbery/holdup, or panic), and the location of the alarm(s) if there is more than one system. C. To maintain current records as to each of the alarms or alarm systems, which shall include the alarm permit number, the name of the owner or occupant of the premises, the name and telephone number of the user or primary person and at least two alternates responsible for responding to the premises when the alarm is activated, and information concerning whether the alarm system includes an audible alarm. D. To provide law enforcement with the alarm permit number for the premises, residence or location of the alarm activation at the time law enforcement is dispatched. E. To arrange for either the alarm user, alarm agent, or other responsible representative to go to the premises of an activated alarm system, in order to assist law enforcement in determining the reason for activation, and in securing the premises. F. To cease responsibility for an alarm system pursuant to this chapter, the alarm business shall promptly notify the alarm coordinator in the event the alarm business ceases to lease, rent, maintain, service or monitor any alarm system. Such notice that the alarm business is no longer providing service shall be sent to the alarm coordinator within ten days of termination of service. G. Alarm businesses that sell alarms but do not monitor, maintain, lease, service or install alarms or alarm systems shall not be subject to Subsections B. and E. of this section, but shall be responsible for instructing each person that purchases an alarm or alarm system in the proper use and operation of the alarm. Each instruction will specifically include necessary instructions in turning off the alarm(s), and in avoiding false alarms. H. Alarm businesses and monitoring agencies shall possess a City business license Alarm user permit required. A. Each alarm user shall obtain an alarm permit from the alarm coordinator for each alarm system within ten days of installation of an alarm system. For alarms installed prior to the effective date of this chapter (June 1, 2008), alarm permits must be obtained from the alarm coordinator's office no later than August 31, The application for an alarm permit provided by the alarm coordinator must include two alternate parties, along with appropriate contact information, designated to respond in the event of an alarm activation. The application shall include a permit fee as established in the City's Consolidated Fee Schedule. An alarm permit must be available within the premises protected by the alarm, and available for inspection by the police department when responding to an alarm activation. Alarm permits are not transferable from one user to another user, or from one address to another address. B. Each alarm user shall renew its permit yearly. As part of the renewal, each alarm user shall attest annually that the alarm system remains active, and that the information provided on the application remains current at all times. Alarm users shall notify the alarm coordinator of any changes to the information provided on the application, and shall further notify the alarm coordinator if the alarm system is deactivated as set forth elsewhere in this chapter.

7 Prohibition against automatic dialing devices. No person shall use, or cause to be used, any automatic telephone device or telephone attachment that directly or indirectly causes a public primary telephone trunk line of Pinal County to be utilized, and then reproduces a prerecorded message or signal or otherwise maintains an open line without direct person-to-person communication, or prevents termination of a call Removal of non-compliant equipment. In addition to any other remedy provided by law, the police department may, upon obtaining knowledge of the use of any device or attachment not operated or maintained in accordance with the provision of this chapter, obtain an order for the removal of such device or attachment, without liability or cost to the City. All alarm systems and components must comply with the provisions of the City s building codes Violations. A. Failure or refusal to comply with any section of this chapter shall be a violation and subject to assessment of a fee, penalty, sanction or cost recovery fee as set forth in Section B. No person shall intentionally cause the activation of an alarm system, knowing that it may result in the dispatch of police or fire personnel and equipment, when no criminal or emergency condition exists. Any person causing such alarm activation shall be guilty of a Class 1 misdemeanor, and upon conviction, shall be liable for a fine of not less than five hundred dollars, nor more than one thousand dollars, plus any additional surcharges authorized or mandated by law, or sentenced to not more than one hundred eighty days in jail, or by both such fine and imprisonment Right to privacy. Information provided pursuant to this chapter shall be maintained for use by the police department, and shall not be made available to the public without the authorization of the applicant or order of the court. The City is not subject to liability in the event that information provided to the police department is inadvertently released Liability of city limited. The police department shall take every reasonable precaution to assure that alarm notifications received are given appropriate attention and acted upon with appropriate dispatch. Nevertheless, the City shall not be liable for any failure or neglect to respond upon receipt of an alarm notification, or the failure or neglect of any person with a permit issued pursuant to this chapter, or with a franchise in connection with the installation and operation of equipment, the transmission of alarm signals, or the relaying of such signals and messages. In the event the alarm coordinator revokes the alarm user's permit or causes the disconnection of an alarm device, the City, county, state, and their agents and employees shall incur no liability resulting from such action Governmental immunity. An alarm permit issued pursuant to this chapter does not establish or create any duty or obligation of response from law enforcement personnel. Any and all liability and consequential damages resulting from a failure to respond to a notification is hereby disclaimed, and governmental immunity as provided by law is retained. By applying for an alarm permit, the alarm user acknowledges that law enforcement response may be influenced by factors such as: the

8 availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history Penalties. A. For any alarm user or proprietor alarm failing to prevent false alarms (other than panic, robbery/holdup and similar manually operated distress alarms, which are governed by Subsection B. of this section) during a permit year, a cost recovery fee for responding to such false alarms is hereby established. The amount of the fee shall be set forth in the City's Consolidated Fee Schedule; provided, however, that no fee shall be assessed for the first two false alarms in any permit year. Notwithstanding any other provision of this chapter, any alarm user or proprietor with ten false alarms shall have their permit revoked. B. For any alarm user or proprietor alarm failing to prevent false alarms of a panic, robbery/holdup, or other similar manually operated distress alarm during a permit year, a cost recovery fee for responding to such false alarms is hereby established. The amount of the fee shall be set forth in the City's Consolidated Fee Schedule; provided, however, that no fee shall be assessed for the first false alarm in any permit year. Notwithstanding any other provision of this chapter, any alarm user or proprietor with six false alarms shall have their permit revoked. C. Fees for violations of any provision of this chapter, other than those set forth in Subsections A. and B. above, shall be set forth in the City's Consolidated Fee Schedule. Each violation of a provision of this chapter, and each day that such violation continues, shall be a separate offense. D. In the event of five or more false alarms within a permit year for any alarm system, the alarm coordinator shall notify the alarm user of these excessive false alarm violations by certified mail, and shall direct the alarm user, within ten days of receipt of this notice, to submit a report to the alarm coordinator, describing the corrective actions to be taken to eliminate the false alarms. A copy of the notification shall be sent to the alarm business or agent providing service to the alarm user. Refusal of an alarm user to accept or receive the certified mail shall not excuse the alarm user from compliance with this section, and any alarm user so refusing or failing to accept certified mail shall be deemed to have received notice as of the date of final attempt of the United States Postal Service to affect delivery. E. Upon receipt of an alarm user's report detailing the corrective measures to be taken, the alarm coordinator shall determine whether such measures are reasonably calculated to correct future false alarms, and if acceptable, shall confirm with the alarm user that the permit shall be continued conditioned upon faithful performance of the corrective measures detailed in the report. In the event an alarm user whose corrective measures have been accepted by the alarm coordinator suffers additional false alarms during the permit year as a result or related to failure to follow the corrective measures, the alarm coordinator may revoke the permit by providing notice via certified mail to the alarm user that the permit is revoked effective ten days from the date that notification is received. F. If no report is submitted or if the alarm coordinator determines that the actions taken are not reasonably calculated to prevent the reoccurrence of false alarms, the alarm coordinator shall give notice by certified mail to the alarm user that the alarm permit is revoked effective ten days from the date notification is received. G. If an alarm user fails to pay any fee, cost recovery fee, or other assessment imposed in accordance with this chapter, within the time set forth in Section , the alarm permit shall be revoked and late penalties may be assessed as set forth in the City's Consolidated Fee Schedule. The alarm coordinator shall give notice by certified mail to the alarm user that the alarm permit is revoked, effective ten days from the date notification is received. H. An alarm user whose permit has been revoked shall be immediately furnished written notification by certified mail of such revocation, and shall discontinue the use of the alarm system with respect to which a permit has been revoked. It shall be a violation of this chapter for any alarm user to fail to disconnect such system within ten days after written notification has been received advising the alarm user of the revocation of the alarm permit. Failure to disconnect the alarm system shall subject the alarm user to a penalty, in addition to the cost recovery fee, pursuant to the City's Consolidate Fee Schedule.

9 I. For purposes of this chapter, notice shall be effective if the same is mailed to the alarm user at the address furnished to the alarm coordinator on the permit application form, or at such other address as the alarm user may subsequently furnish in writing to the alarm coordinator. Such notice shall also be effective if mailed to the alarm business at the address provided to the alarm coordinator in connection with the filing of alarm user instructions, or alternatively, to the last known address of the alarm business. In this chapter, for notices other than by certified mail, notice shall be deemed given on the third day after the notice has been deposited in the United States mail with sufficient postage attached. For notices required to be sent by certified mail, such notice is effective when received; provided, however, that failure or refusal of to accept or receive certified mail shall not excuse performance of any duties, and any person or entity so refusing to accept certified mail shall be deemed to have received notice as of the final attempt of the United States Postal Service to affect delivery. J. An alarm user whose alarm permit has been revoked may have it reinstated by paying all fees and/or penalties, submitting a corrective report detailing the corrective action taken, with verification of inspection for malfunctions attached, and payment of a reinstatement fee. Any further violations during a permit year shall be grounds for summary revocation, upon providing notice by certified mail as set forth above Fees payable. Any and all fees provided for by this chapter shall be paid to the finance department within thirty days from the date a bill therefor is deposited in the regular first class U.S. Mail, with postage fully paid and addressed to the user at the address where the alarm system is operated. Fees not paid in full at the end of such period shall be subject to a late fee, and may result in permit revocation proceedings by the alarm coordinator, as set forth in Subsection G Appeal procedures. Within ten days after the effective date of written notification of a violation of this chapter or of revocation of a permit, the alarm user or other aggrieved party may appeal to the chief of police, on forms provided by and subject to procedures established by the chief. Upon receipt of a notice of appeal, the chief of police shall cause an investigation into the reason for the City's action, and shall inform the alarm user of his findings and decision within twenty days. If the alarm user is dissatisfied with the decision of the chief of police, he/she may appeal to the city manager within ten days from the effective date of written notification of the decision of the chief of police. The decision of the city manager shall be final Enforcement. A. The City may pursue any and all lawful remedies necessary for the purpose of enforcing the provisions of this chapter. Action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent fees or fines. Such legal action shall also require the inclusion of court costs, legal and attorneys' fees. B. The finance director shall withhold the issuance of any business license, until any and all fees prescribed in this chapter have been paid in full. Upon notification of outstanding fees resulting from violations of this chapter, the City may withhold other permits, licenses or administrative approvals. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

10 For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at American Legal Publishing Corporation

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