Bishop Municipal Code Ch. 8.24 Alarm Systems

The purpose of this chapter is to provide minimum standards and regulations applicable to burglar and holdup alarm systems, alarm businesses, alarm agents and alarm users, as defined in this chapter.

(Prior Code, § 2A-1; Code 1985, § 8.24.010)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

A. Alarm agent means any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or causing others to respond to an alarm device.

B. Alarm business means any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing, or responding to a burglar or holdup alarm system, or which causes any of these activities to take place.

C. Alarm system means an assembly of equipment and devices (or a single device such as a solid-state unit which plugs directly into a 110-volt AC line) arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. In this chapter, the term "alarm system" includes the terms "automatic holdup alarm systems," "burglar alarm systems," "holdup alarm systems" and "manual holdup alarm systems," as those terms are defined in this section. Fire alarm systems and alarm systems which monitor temperature, humidity, or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this chapter.

D. Alarm user means any person on whose premises an alarm system is maintained within the city except for alarm systems on motor vehicles or proprietary systems. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietary system), the person using such system is an alarm user. Also excluded from the term "alarm user" and from the coverage of this chapter are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this chapter.

E. Annunciator means the instrumentation on an alarm console at the receiving terminal of a signal line which both through visual and audible signals shows when an alarm device at a particular location has been activated, or it may also indicate line trouble.

F. ANSI stands for the American National Standards Institute.

G. Automatic dialing device refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.

H. Automatic holdup alarm system means an alarm system in which the signal transmission is initiated by the action of the robber.

I. Burglar alarm system refers to an alarm system signaling an entry or attempted entry into the area protected by the system.

J. Central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where guards are maintained continuously to investigate signals.

K. Reserved.

L. Direct connect means an alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by the local government (for example, a police communication center).

M. False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or employees or agents. Such terminology does not include, for example, alarms caused by acts of God.

N. Holdup alarm system refers to an alarm system signaling a robbery or attempted robbery.

O. Local alarm system refers to a signaling system which when activated causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.

P. Manual holdup alarm system refers to an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.

Q. Person means any person, firm, partnership, association, corporation, company or organization of any kind.

R. Police or police department means the publicly supported police department of the city, or any authorized agent thereof.

S. Police chief means the chief of the police department of the city or the chief's designated representative.

T. Proprietary system means an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to a police communication center, a central system, modified central station or answering service, it becomes an "alarm system" as defined in this chapter.

U. Subscriber means a person who buys and/or leases, or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.

V. Telephone company means the utility that furnishes telephone services to the city.

W. UL stands for Underwriter's Laboratories.

(Prior Code, § 2A-2; Code 1985, § 8.24.020)

A. Effective February 1, 1976, no person shall have or maintain at premises under said person's control any alarm system without first having registered that system pursuant to the provisions of this section. Where the alarm system is in operation prior to the effective date of the ordinance from which this section is derived and is not serviced by an alarm business, the person or persons owning, using or possessing such system shall be responsible for contacting the police department and registering the system. Both alarm businesses and alarm sellers shall be responsible for completing alarm system registration cards for each of the alarm businesses' and sellers' customers or subscribers and for promptly transmitting such completed registration cards to the police department.

B. The provisions of this section shall not apply to audible alarms affixed to automobiles or other motor vehicles, or public coin telephones. A signal light mounted upon a private dwelling, business or other structure shall not be construed to be an alarm within the meaning of this section.

(Prior Code, § 2A-3; Code 1985, § 8.24.030)

Applications for all alarm system registration required under this section shall be on a form prescribed by the chief of police. The applicant shall supply such information as may be reasonably necessary to evaluate and act upon the permit application. The name, address, and telephone number of the person who will render service or repairs during any hour of the day or night must be furnished to the police department, along with a written certification that the agent has personally inspected the alarm system and that is conforms to the provisions of this Code and all applicable regulations as part of the alarm system registration.

(Prior Code, § 2A-4; Code 1985, § 8.24.040)

No fee shall be charged for alarm system registration.

(Prior Code, § 2A-5; Code 1985, § 8.24.050)

A. Alarm system permits shall be issued by the chief of police upon the receipt of the completed application, which is required pursuant to the provisions of this chapter, to the person owning, using or possessing the alarm system.

B. Each permit issued pursuant to this chapter shall expire on December 31, 1976, and shall be renewed uniformly throughout the city on or before January 1, 1977, and every three years after that date.

(Prior Code, § 2A-6; Code 1985, § 8.24.060)

A. Alarm businesses shall issue a one-year warranty on all alarm systems which are connected to the police alarm board.

B. The provisions of this section are not applicable to alarm systems installed prior to the effective date of the ordinance codified in this chapter.

(Prior Code, § 2A-7; Code 1985, § 8.24.070)

A. Any person engaging in an alarm business in the city shall apply to the police chief on a form to be furnished by the police chief for a license to operate. Such application shall be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official, as is appropriate for the form of the business seeking the license, and shall include:

1. Certification that upon receipt of notice of approval of a license application, a complete list of names and addresses of all persons in the city to whom or for whom alarm systems have been sold and who are currently under contract to the alarm business for services on or after the effective date of the ordinance codified in this chapter shall be maintained for inspection by the police chief during the course of the chief's official business;

2. A complete list of criminal convictions, if any, except for minor traffic offenses, of each partner, officer, or local office manager, if the applicant is other than an individual;

3. A statement that the applicant will inform the police department within ten days after any substantial change in the information required by the ordinance codified in this chapter.

B. License applications shall be accompanied by a nonrefundable fee of $25.00 to cover the costs to the city of processing the application and investigating the applicant.

C. Applicants already doing business in the city may continue to do business while the applicants' license applications are being processed. An applicant not previously doing business in the city shall not commence doing business until the application is approved.

D. If an alarm business has already obtained or thereafter obtains an alarm business license from any other city, county or local governmental subdivision where it maintains an office within this state or within the same standard metropolitan statistical areas in which this city is located, and such city, county or local governmental subdivision has enacted the ordinance codified in this chapter, or an ordinance which has provisions substantially similar to those of this chapter, such alarm business shall not be required to obtain an alarm business permit under this section. Before an alarm business may qualify under subsection C of this section, however, it shall comply with the following requirements:

1. File a copy of the alarm business license application form and license verified by the city administrator or appropriate public official of the jurisdiction which the alarm business relies upon to qualify under subsection C of this section;

2. File a sworn statement that it consents to be subject to all other provisions of this chapter, that it will obey any lawful orders or notices issued pursuant to and subject to any court of competent jurisdiction with the authority to enforce this chapter;

3. File a sworn statement that it agrees to notify the police department within 72 hours of any substantial change affecting the status or validity of its alarm business license in the jurisdiction which it relies upon to qualify under subsection C of this section;

4. The licensing requirements under the provisions of this section are in addition to the requirements of chapter 5.04.

(Prior Code, § 2A-8; Code 1985, § 8.24.080)

A. Every alarm agent employed by an alarm business within this city shall be required to obtain an identification card from the police chief subject, however, to subsection E of this section. The owners, managers, corporate officers and partners of all alarm businesses are also required to obtain identification cards from the police chief if they directly engage in selling, installing, servicing, maintaining or responding to alarm systems within the city. Any person who is not an alarm agent who, as an employee of a licensed alarm business, has access to confidential information of an alarm user or to monitoring radio equipment must also obtain an identification card. Within 30 days of the effective date of the ordinance codified in this chapter, alarm agents, and, if required by this subsection, owners, managers, corporate officers and partners, shall submit applications to the police chief for identification cards. The application for the identification card shall be in a form prescribed by the police chief and shall include the following:

1. The applicant's full name and any aliases or other names previously used, residence and business addresses and telephone numbers;

2. The applicant's date and place of birth;

3. A list of all felony and misdemeanor convictions of the applicant;

4. One classifiable set of fingerprints;

5. Two recent photographs of the applicant of a type prescribed by the police chief;

6. The name and address of the alarm business where the applicant is or will be employed;

7. The applicant's employment record for the prior three years;

8. A statement that the applicant will inform the police chief of any change in the required information or the termination of the applicant's employment by the alarm business within ten days of such change;

9. Any other information which the police chief may deem necessary to determine whether the applicant for an identification card meets the requirements of this chapter.

B. Prior to employing an alarm agent, an alarm business shall require the names of at least two references and the names and addresses of employers for the past three years of such person and shall make reasonable and prudent inquiries to determine whether the person applying for employment meets the requirements of this section. Within ten days of the commencement of employment with an alarm business, any new alarm agent must submit an application to the police chief for a permanent identification card under this section.

C. The permanent identification card required by this section shall be carried by a person required to obtain an identification card when such person is engaged in the business of the licensee and shall be exhibited at the demand of any lawful authority.

D. Application for an identification card must be accompanied by a fee of $10.00 to cover costs of processing the application and investigating the applicant.

E. An alarm agent shall not be required to obtain an identification card from the police chief if such agent already has obtained an identification card from the city or chief of police of another city, county or local governmental subdivision within the state or within the same standard metropolitan statistical area in which this city is located if such governmental subdivision requires its alarm agents to meet the same general qualifications of this section and requires an alarm agent to obtain and carry an identification card in the same general form as required by section 8.24.080; provided, however, that such city, county or local governmental subdivision shall recognize and accept identification cards of alarm agents who hold valid identification cards issued by this city.

(Prior Code, § 2A-9; Code 1985, § 8.24.090)

The chief of police may recommend that the city council adopt minimum standards for the training of alarm business personnel and alarm agents. The chief is authorized to inspect the premises of the alarm business and the premises whereon the alarm system is located. The chief shall have the power to make and enforce such reasonable rules and regulations as may in the chief's discretion be necessary to implement the provisions of this chapter.

(Prior Code, § 2A-10; Code 1985, § 8.24.100)

A. When a subscriber alarm system has been activated, the alarm business which owns, leases, or maintains such system shall have an alarm agent present at the location within one hour after being requested to do so by a representative of the city police department.

B. When a proprietary alarm system has been activated, the owner or other person in responsible control of the location wherein such system is located shall be present at such location within one hour after being requested to do so by a representative of the city police department. Such person shall inspect the alarm system after each activation to ensure proper operation.

(Prior Code, § 2A-11; Code 1985, § 8.24.110)

An alarm business license, alarm agent registration, or an alarm user permit may be revoked by the chief of police for any reason for which the granting of such permit might be lawfully denied, or for a violation of any provision of this chapter, or of any rule or regulation made in implementation thereof by the chief of police, or if the permittee has entered a plea of nolo contendere to, or been found guilty of, or been convicted of, any violation of this chapter. A permit, however, shall not be revoked until a hearing has been held with the chief of police relative to doing so.

(Prior Code, § 2A-12; Code 1985, § 8.24.120)

An applicant or permittee aggrieved by the decision of the chief of police shall have the right to appeal to the city council. Notice of appeal must be filed with the city clerk within ten days after service of the decision. The notice of appeal shall briefly state the basis for such appeal and shall be accompanied by a filing fee of $25.00.

(Prior Code, § 2A-13; Code 1985, § 8.24.130)

Upon receipt of the notice of appeal with the required fee, the city administrator shall place the matter on the agenda of the next regularly scheduled meeting of the city council. The city council shall then set the matter for hearing at least 14 days, but not more than 28 days, in the future. The city administrator shall thereupon give the appealing party written notice of the time and place of the hearing. If the appealing party deems additional time is necessary to prepare a presentation, the hearing may be continued by city council to a later date, not to exceed 15 days beyond the date previously set.

(Prior Code, § 2A-14; Code 1985, § 8.24.140)

For a police response to any false alarm, the chief of police shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, fees as follows:

A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a "first response," no fee shall be charged, but the person having or maintaining such burglary and/or robbery alarm shall, within three working days after notice to do so, make a written report to the chief of police setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the chief of police may reasonably require to determine the cause of such false alarm and corrective action necessary.

B. For a second response to premises within six months after a first response, no fee shall be charged, but a written report shall be required as for a first response. The chief of police shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.

C. For a third response to premises within six months after such a second response, and for all succeeding responses within six months of the last response, a fee of $25.00 shall be charged, and if such third false alarm or any such succeeding false alarm is as a result of failure to take necessary corrective action prescribed by the chief of police, the chief of police may suspend the alarm system permit for 15 days, provided that no suspension shall be ordered as to any premises required by law to have an alarm system in operation.

D. After an alarm system permit has been suspended two times, the third offense in a one-year period may result in revocation of such permit. After notice of revocation has been given, an alarm business licensee may continue to operate the business until all of the licensee's rights of appeal under this chapter have been exhausted.

(Prior Code, § 2A-15; Code 1985, § 8.24.150)

Any person who violates any provision of this chapter is guilty of an infraction and upon conviction shall be punished by a fine as provided by law or hereafter established. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person. Conviction shall not operate to relieve such person from paying all fees due and unpaid or accrued under the provisions of this chapter.

(Prior Code, § 2A-16; Code 1985, § 8.24.160)

The city is under no duty or obligation to a permittee or to any other person by reason of any provision of this chapter or the exercise or privileges of a permittee hereunder, including, but not limited to, any defects in a police alarm system or any delays in transmission or response to any alarm.

(Prior Code, § 2A-17; Code 1985, § 8.24.170)