Ordinance Number 642 AN ORDINANCE REGULATING ALARM SYSTEMS IN STEUBEN COUNTY

Transcription

1 Ordinance Number 642 AN ORDINANCE REGULATING ALARM SYSTEMS IN STEUBEN COUNTY WHEREAS, Indiana Code Sections et seq. permit any County in the State of Indiana to exercise any power or preform any function necessary to the public interest in the context of its County or internal affairs, which is not prohibited by the Constitution of the United States or of the State of Indiana, or denied or preempted by any other law, or is not expressly granted by any other governmental entity; WHEREAS, the Board of Commissioners of the County of Steuben, Indiana is authorized pursuant to Indiana Code Sections , , and et seq. as the County legislative body to adopt ordinances regulating the conduct of County affairs; AN ORDINANCE amending the Municipal Code by regulating certain automatic alarms, establishing requirements for audible alarms, initiating fee for certain alarm system permits, establishing a fee for an alarm business license, establish requirements for direct alarm monitoring and establishing regulations and penalties for excessive false alarms. WHEREAS, it is essential for the County of Steuben to have the most efficient Communications Department possible; and WHEREAS, the county of Steuben is desirous of the enactment of an ordinance for the purpose of reducing the number of false police and fire alarms activated by residences and businesses in the county; and WHEREAS, notwithstanding due care and caution, each and every time an emergency vehicle is called to answer a false alarm, the citizens and employees of the County, Cities and Rural Fire Departments are greatly endangered, which could result in causing serious injury or loss of life to an innocent bystander or emergency personnel; and WHEREAS, the average cost for each emergency run that the police and fire department's makes is substantial; and WHEREAS, an alarm system which automatically dials the Communications Department Emergency Telephones interferes with the efficiency of said Department; and WHEREAS, elimination of the automatic dialing devices on Emergency Telephone Lines is necessary to maintain the efficiency of said Communications Department and to insure the safety of the residents of Steuben County; and Steuben County Alarm Ordinance 642, Page 1

2 WHEREAS, audible alarms, which continue to emit a sound indefinitely, are an irritant to the residents of the Steuben County; and WHEREAS, the number of false alarms is increasing as more residents seek greater physical security for their homes and businesses and such false alarms place increased economic burden on the police and fire departments of the County of Steuben. NOW, THEREFORE, be it ordained by the Board of Commissioners of the County of Steuben, Indiana as follows: Section 1. TITLE. This Steuben County Ordinance may be referred to as the "Steuben County Alarm Ordinance." Section 2. PURPOSE. It is hereby declared to be the purpose of this Ordinance to enhance and preserve the public safety and welfare of persons and property in Steuben County by regulating alarm systems in Steuben County. Section 3. DEFINITIONS. (A) ALARM AGENT means any person who is employed or hired by an alarm business, either directly or indirectly, and whose duties include leasing, maintaining, monitoring, and servicing, repairing, altering, replacing, moving, installing, or responding to any alarm system on or in any building, structure, facility, or premises. (B) ALARM BUSINESS means any business or any person who leases, maintains, monitors, services, repairs, alters, replaces, moves, installs, or responds to or causes to be leased, maintained, monitored, serviced, repaired, altered, replaced, moved, installed, or responded to any alarm system in or on any building, structure, facility, or premises. (C) ALARM SYSTEM means any device, silent or audible, which is designed to be actuated manually or automatically upon the detection of any unauthorized entry, intrusion, fire, or other emergency in or on any building, structure, facility, or premises, which when activated leads to notifications being made indirectly to the Public Safety Communications Center or to any agency for which the Public Safety Communications Center serves as dispatcher. An alarm system shall not include: (1) An alarm system installed on a motor vehicle; provided, however, that such an alarm system shall be required to comply with the requirements contained in Section 15 below. (2) A medical alarm system. (3) An alarm system installed upon premises occupied by the United States, the State of Indiana, Steuben County, or any political subdivision thereof. Steuben County Alarm Ordinance 642, Page 2

3 (4) Any type alarm that does not require, Fire, Police or EMS response such as environmental or temperature control. (D) AUTOMATIC TELEPHONE DIALING DEVICE means any device connected to an alarm system which when activated automatically dials a predetermined telephone number and sends a prerecorded message or coded signal. (E) DIRECTOR means the Director of the Steuben County Public Safety Communications Systems. (F) LICENSE HOLDER means the person to whom an alarm business license is issued. (G) PERSON means and includes individuals, firms, corporations, associations, partnerships, consortiums, joint ventures, trusts, estates, and any other legal entity, group, or organizations. (H) PERMIT HOLDER means the person to whom as alarm system permit is issued. (I) PUBLIC SAFETY COMMUNICATIONS CENTER means the Communications Center of the Steuben County Public Safety Communications Systems District. Section 4. ALARM PANEL MONITORING The Steuben County Communications/911 Department will maintain an Alarm Monitoring panel, computer or device for answering Direct (Hard Wired) alarms from any Steuben County person or business. (A) The alarm monitoring panel, computer or device will be answered by the Steuben County 911/Communications department. (B) The Steuben County Communications/911 Department will Maintain the alarm system from the contact closure outputs of the alarm owners equipment located in the Steuben County Equipment location (Equipment Room) to the Steuben County Alarm Monitoring Equipment located within the dispatch area. All other maintenance will be the responsibility of the alarm owner. (C) All alarms coming into the communications Department will terminate in the equipment room. All outputs from the alarms MUST BE CONTACT CLOSURES. (1 for the alarm, 1 for the circuit/trouble) The Steuben County Public Safety Communications Department will contract for such services required to install said alarm from the bank alarm location within the communications equipment room to the alarm monitoring panel, computer or devices. The cost of this service will be the responsibility of Steuben County Public Safety Communications. (D) Only one (1) contracted company will be allowed access to the equipment owned by Steuben County Public Safety Communications. Steuben County Alarm Ordinance 642, Page 3

4 (E) All companies that are hooked up to the panel, computer or device must sign a hold harmless agreement with Steuben County Communications. (F) Every business maintaining an alarm system monitored by Steuben County Public Safety Communications, shall pay an annual monitoring fee of Fifty Dollars. ($50.00) to Steuben County Public Safety Communications for each alarm monitored, payable on or before June 1st of each year, for the following 12 month period. In the case of a company having multiple alarms being monitored, the fee for the 1st alarm will be $50.00 and all other alarms monitored thru the alarm panel will have an annual fee of Fifteen Dollars. ($15.00). This fee shall be waived for any alarm removed from the system within ninety (90) days from the effective date of the Ordinance. (G) Every Direct alarm monitored thru the alarm monitoring equipment of Steuben County Public Safety Communications will be exempt from paying the Alarm Permit Fee. (Section 8 (B) of this ordinance) However, the required Alarm Permit paper work must be completed on an annual basis. (H) All fees collected pursuant to this section shall be transferred to and deposited in the Steuben County Communications Fund thru the Steuben County Auditor, to be used for the purposes of administration of this ordinance and other operations of the Steuben County Public Safety Communications Center. (I) All government agencies shall be exempt from paying any charges or fees mentioned within this ordinance. Section 5. ALARM SYSTEM PERMIT. (A) It shall be unlawful for a person to operate, cause to be operated, or permit the operation of an alarm system unless a current alarm system permit (except section 4) has been obtained from the Steuben County Public Safety Communications Center. Any person who operates, causes to be operated, or permits the operation of any alarm system at the time this ordinance becomes effective shall have one hundred eighty (180) days after the effective date to obtain an alarm system permit under this ordinance without penalty. (B) Any Alarm System Permit issued prior to June 1, 1993 will not expire until May 31, Section 6. APPLICATION FOR ALARM SYSTEM PERMIT. Application for permit for the operation of an alarm system may be made by the owner or operator of the building, structure, facility, or premises on which the alarm system is to be installed and operated. Application for a permit may also be made on behalf of the owner or operator by an alarm business licensed under this Ordinance. Such applications shall be made in writing to the Public Safety Communications Center on a form approved by the Public Safety Communications Center. The application shall include the following information: Steuben County Alarm Ordinance 642, Page 4

5 (A) The name, address, and telephone number for each owner and operator of the building, structure, facility, or premises. (B) The street address of the property and the location thereon for which the alarm system is to be installed and operated. (C) Any business name used for the premises on which the alarm system is to installed and operated. (D) Whether the alarm system or systems are monitored locally and whether the alarm system or systems are designed to give notice of burglary, robbery, fire, or other type of emergency. (E) The name of the person or alarm system business who will install the alarm system. (F) The names and telephone numbers of two (2) persons or of an alarm business who are able and have agreed to and will: (1) Receive notification at any time; (2) Come to the alarm site within twenty (20) minutes after receiving a request from the police or fire agency in that jurisdiction; and (3) Grant access to the alarm site, deactivate the alarm site, if such becomes necessary. (G) The names and telephone numbers of any person or company that has access to the building after normal business hours. (Cleaning crews, Bank Courier, etc.) (H) The names of all utilities serving the premises. (I) A list of any Hazardous or Dangerous Materials and the area of location within the building. (J) Any other information deemed necessary by the Director of Steuben County Public Safety Communications. Section 7 ISSUANCE OF ALARM SYSTEM PERMIT. (A) The Director of the Public Safety Communications Center or the Director's representative shall issue an alarm system permit to the person submitting a application in accordance with this ordinance and upon payment of the permit fee, unless the Director or the his representative finds that any statement made in the application is incomplete or false. (B) Upon issuance of an alarm system permit, the Director shall retain a copy of the permit and protect it as confidential information under this Ordinance; provided, however, that nothing in this Ordinance shall prohibit the use of such information for legitimate law enforcement and protection purposes and for enforcement of the Ordinance. Steuben County Alarm Ordinance 642, Page 5

6 (C) The permit holder shall notify the Director in writing of any change in the information contained on the permit application within ten (10) days of the change. Section 8. PERMIT FEE AND TERM FOR RESIDENTIAL AND BUSINESS ALARM SYSTEMS. (A) An alarm system permit issued pursuant to this Ordinance shall be valid and effective commencing from the date of issuance and expiring as hereinafter described. All alarm system permits issued pursuant to this Ordinance shall expire annually on May 31st with the first such expiration date being May 31st, 1994 and each year thereafter on May 31st. (B) The fee for an alarm system permit shall be twentyfive dollars ($25.00) for the initial permit. The renewal fee for an alarm system permit shall be Fifteen dollars ($15.00). Alarm system permits may be renewed annually during the months of April and May upon updating the application information and providing payment of the renewal fee. (C) A late fee of Five Dollars ($5.00) shall be charged for each month or partial month the renewal permit fee is obtained or renewed after May 31st of each year. (D) An alarm system permit issued pursuant to this Ordinance shall be personal to the permit holder and shall be non-transferable. (E) Payment must be made at time the permit is issued. (1) Business and personal checks will be accepted with the following understanding: (a) A service change will be made on all returned checks from the bank. (b) If a check is returned by a bank all future payments must be made by Cash, Certified Check, Money Order, or Cashiers Check only. (c) Non-Payment or returned checks make the Alarm System Permit Void. (See Section 22) (F) All fees collected pursuant to this Section shall be transferred to and deposited in the Steuben County Communications Fund thru the Steuben County Auditor, to be used for purposes of administration of this Ordinance and other operations of the Public Safety Communications Center. Section 9. LOCATION OF PERMIT. The permit holder for an alarm system shall keep such permit at the alarm site in a location which will reasonably enable the permit holder to produce the permit to any official who responds to an alarm. Section 10. ALARM BUSINESS LICENSE. (A) It shall be unlawful for a person to operate, cause to be operated, or permit the operation of an alarm business unless a current alarm business license has been obtained from Steuben County Alarm Ordinance 642, Page 6

7 the Steuben County Public Safety Communications Center. (B) An alarm business doing business within Steuben County at the time this Ordinance becomes effective shall have ninety (90) days after the effective date to obtain a license under this Ordinance without penalty. Section 11. APPLICATION AND REQUIREMENTS FOR ALARM BUSINESS LICENSE. (A) Application for a license for the operation of an alarm business may be made by the owner or operator of the alarm business. Such applications shall be made in writing to the Public Safety Communications Center on a form approved by the Public Safety Communications Center. The application shall include the following information: (1) The full name, address, and telephone number of the alarm business; (2) The full name, business address, home address and home telephone number of the manager; (3) The full name, business address, and telephone number of each owner and officer of the alarm business, but in no event shall more than five (5) persons be required to be listed; and (4) A telephone number at which the Public Safety Communications Center can notify personnel of the alarm business of a need for assistance at any time. (B) An alarm business shall have the following information on file and immediately available to the Public Safety Communications Center at any time that the alarm business notifies the Public Safety Communications Center, directly or indirectly, that an alarm system has been activated: (1) The name, address, and telephone number for each owner and operator of the building, structure, facility, or premises which is the subject of the alarm. (2) The street address of the property and the location thereon which is the subject of the alarm. (3) Any business name used for the premises which is the subject of the alarm. (4) Whether the alarm system or systems are designed to give notice of a burglary, robbery, fire, or other type of emergency which shall be specified. (5) The name and address for the alarm business as well as the name and telephone number of the caller. Steuben County Alarm Ordinance 642, Page 7

8 (6) The name and telephone number of any person or an alarm agent of the business who is able and has agreed to and will: (a) (b) (c) Receive notification at any time; Come to the alarm site within twenty (20) minutes after receiving a request from the police, fire, or other responding agency in that jurisdiction; and Grant access to the alarm site, deactivate the alarm system, and re-secure the alarm site, if such becomes necessary. Section 12. ISSUANCE OF AN ALARM BUSINESS LICENSE. (A) The Director of the Public Safety Communications Center or the Director's representative shall issue an alarm business license to the person submitting an application in accordance with this Ordinance and upon payment of the license fee, unless the Director or the representative finds that any statement made in the application is incomplete or false. (B) Upon issuance of an alarm business license, the Director shall retain a copy of the license. (C) The alarm business shall notify the Director in writing of any change in the information within ten (10) days of the change. (D) The Alarm Business License must be on public display at location of business. SECTION 13. LICENSE FEE AND TERM (A) An alarm business license issued pursuant to this Ordinance shall be valid and effective commencing from the date of issuance and expiring as hereinafter described. All alarm business licenses issued pursuant to this Ordinance shall expire annually on May 31st with the first such expiration date being May 31, 1994 and each year thereafter on May 31st. (B) The fee for an alarm business license shall be Two Hundred Dollars ($200.00) for the initial license. The renewal fee for an alarm business license shall be One Hundred Twenty- Five ($125.00). Alarm business licenses may be renewed annually during the months of April and May upon updating the application information and providing payment of the renewal fee. (C) A late fee of Five Dollars ($5.00) shall be charged for each month or partial month the renewal Alarm Business Licence is obtained or renewed after May 31st of each year. (D) An alarm business license shall be personal to the owner thereof and shall be non-transferable. Steuben County Alarm Ordinance 642, Page 8

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10 (E) Payment must be made at the time Permit is issued. (1) Business and Personal Checks will be accepted under the following conditions: (a) (b) (c) A service charge will be made on all checks returned by the bank. If a check is returned by a bank, all future payments must be made by Cash, Certified Check, Money Order or Bank Cashiers Check. Non-Payment or returned checks from the bank make the Alarm System Permit Void. (F) The permit fees collected pursuant to this Section shall be transferred to and deposited in the Steuben County Communications Fund thru the Steuben County Auditor, to be used for purposes of administration of the Ordnance and other operations of the Public Safety Communications Center. Section 14. IDENTIFICATION CARDS REQUIRED Every alarm agent whose duties include leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or responding to any alarm system shall carry on his person at all times while engaged in the alarm business a personal identification card provided by the alarm business containing the name and a current personal photograph of the alarm agent and identifying the name, address, and telephone number of the alarm business which card shall be displayed to any official upon request. Section 15. AUTOMATIC TELEPHONE DIALING DEVICES PROHIBITED (A) It shall be unlawful to use or install or permit the use of installation of any automatic telephone dialing devise which is programed to dial the Steuben County Public Safety Communications Center or any agency for which the Steuben County Public Safety Communications Center serves as dispatcher. (B) Any existing automatic telephone dialing device must be disconnected or programed to any other consenting party within ninety (90_ days after the effective date of this Ordinance. (See Section 15C) (C) The Steuben County Public Safety Communications Center will provide One (1) seven (7) digit public telephone number, that can be used for programing automatic dialing devices. ONLY one (1) number will be used by all automatic dialing devices within Steuben County. Section 16. AUDIBLE ALARM SYSTEMS It shall be unlawful to use or install or to permit the use or installation of any alarm system that when activated produces an alarm that is audible outside of the property sought to be protected by the alarm system unless the alarm system has an automatic shut-off that deactivates the audible Steuben County Alarm Ordinance 642, Page 9

11 alarm within fifteen (15) minutes after being activated. The Director of the Public Safety Communications Center may waive this restriction on audible alarms for any alarm system where the owner or operator establishes to the satisfaction of the Director that the existence and operation of the audible alarm portion of the alarm system is required to be and is in compliance with an established and nationally recognized alarm system standard for insurance, bonding, regulatory, or legitimate purposes. Section 17. PROHIBITED ACTS It shall be a prohibited act as provided in this Ordinance to do any of the following acts: (A) (B) (C) For a person who owns or controls property on which an alarm system is installed to issue, cause to be issued or permit the issuance of a false alarm. For a person who owns or controls property to install, maintain or permit to operate any alarm which automatically dials into the Public Safety Communications Center's, public or emergency telephone lines when an alarm is activated. (Exception: See Section 15C) For a person participating in the ownership or management of an alarm system business to do any business within Steuben County without registering as required by this Ordinance. Each separate occurrence, under subsection (A), and each separate day, under subsection (B) and (C) shall constitute a separate and distinct violation. Section 18. NOTICE OF VIOLATION The Director or his representative may issue a notice of violation. The first notice of alarm violation will be mailed via regular U. S. Mail. The 2nd and 3rd violation notices will be sent certified U.S. Mail to the last known owner at the last known address. No action will be taken by the Director if steps are taken to correct the problem and the violator certifies in writing within 2 weeks (14 days) that the alarm has been repaired and the problem should not occur again in the future. No action will be taken by the Director against any alarm company if steps are taken to correct any violation after receiving written notice. All notices shall be sent via U.S. Mail Certified to the last known address of Alarm Company. All penalties for violation of this ordinance by alarm companies shall be at the direction of the Steuben County Board of Commissioners. Section 19. CONTENTS OF NOTICE OF VIOLATION The notice of violation shall state the name of the violator, the location of the violation, the date and time of Steuben County Alarm Ordinance 642, Page 10

12 the violation, the penalties for the violation and the violator's right to an appeal under any section hereof, if applicable. Section 20. SERVICE OF NOTICE OF VIOLATION A notice of violation shall be served upon the violator at the violator's last known address. Service shall be complete upon the mailing (regardless of the receipt of the notice) or posting of the notice upon the property where the alarm is located. Section 21. HEARING ON EXCUSE (A) Any person noticed for a violation of section 17 (A) may petition the Director of Communications of the County of Steuben for return of alarm service. Should this request be denied by the Director of Communications then the person noticed for violation may petition the Board of County Commissioners of the County of Steuben for a hearing to show that for some reason beyond the violator's control, the false alarm was activated. The petition for a hearing must state specifically the reasons beyond the violator's control for the activation of the alarm. The violator must also furnish the Board with the names and addresses of any and all witnesses as to the foregoing reasons. The petition must be filed within two (2) weeks of service of the notice of violation. After the hearing, the Board of County Commissioners of the County of Steuben, in its sole discretion, will determine whether the false alarm was activated for reasons beyond the control of the violator. The violation will then be excused and service be extended. (B) Any person noticed for violation of Section 17 (A) (B) or (C) may petition the Director of Communications of the County of Steuben for return of alarm service. Should this request be denied by the Director of Communications then the person noticed for violation may petition the Board of County Commissioners of the County of Steuben for a hearing to show that for some reason beyond the violator's control, they violated subsection A, B or C. The petition for a hearing must state specifically the reasons beyond the violator's control for the reason for the violation. The violator must also furnish the Board with the names and addresses of any and all witnesses as to the foregoing reasons. The petition must be filed within two (2) weeks of the service of the notice of violation. After the hearing, the County Commissioners of the County of Steuben, in its sole discretion, will determine whether the violation was beyond the control of the violator. The violation will then be excused and service be extended. Section 22. PENALTIES ON COMPROMISE The Director of the Steuben County Communications has the authority to impose any and all of the following on violators of this ordinance after three (3) written warning notice letters of violations have been mailed. (A) No longer provide law enforcement response to alarms in violation of this ordinance. Steuben County Alarm Ordinance 642, Page 11

13 (B) Require a written letter from the Alarm Service Company showing repairs have been made before consenting to place the alarm back in service. (C) Not provide response to business and residential alarms that do not have Steuben County Alarm permits. (D) Not respond to any alarm that has issued a bad check for payment of required fees. (E) Not respond to any alarm that the principal has not signed a hold harmless agreement with Steuben County Communications. Section 23. APPROVAL AND EFFECTIVE DATE. So adopted this 8th day of December, The Steuben County Council of the County of Steuben Indiana. Rodney Wells, President William Booth, Member Mark Chrysler, Member Wayne Cosper, Member John Hughes, Member Kendal Cradall, Member Richard Dodge, Member Attest: Auditor of Steuben County, Indiana Linda Hansen, Steuben County Alarm Ordinance 642, Page 12

14 This ordinance shall take effect on the 20 th day of January, The Board of Commissioners of the County of Steuben, Indiana Dale Hughes, Jr. President Roger Barry, Member Norris Lehman, Member Attest: Auditor Qf Steuben County, Indiana Linda Hansen, Auditor Steuben County Alarm Ordinance 642, Page 13