Hillsborough Municipal Code Ch. 5.12 Home Alarms

The ordinance codified in this chapter shall be known as the "Home Alarm Ordinance."

(Ord. 604 § 2, 1999)

The purpose of this chapter is to regulate home alarm systems within the town.

(Ord. 604 § 3, 1999)

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

"Alarm company" means an individual or entity that sells, leases, maintains, services, repairs, alters, replaces, moves and/or installs any home alarm system on any real property within the town or in any improvement on such real property or causes the same to be done.

"Appellant" means a person who perfects an appeal pursuant to this chapter.

"Applicant" means a person who files an application for a home alarm permit under this chapter.

"Audible alarm" means any mechanical or electrical device designed for the detection of unauthorized entry onto or into any real or personal property and which generates an audible sound outdoors when activated.

"Day" means calendar day.

"False alarm" means an alarm signal activated intentionally or through inadvertence, negligence or malfunction of any segment of the alarm system and to which personnel of the Hillsborough police department and/or Central County Fire respond and there is no fire and/or police emergency as defined in this section.

"Fire alarm system" means any mechanical or electrical device which is designed or used for the detection of smoke and/or heat and/or harmful or damaging atmospheric conditions within any building or any other improvement within the town which when activated emits a sound, displays a light or transmits a signal or message for the purpose of alerting occupants or others of the existence of a fire emergency.

"Fire chief" means the fire chief of the town.

"Fire emergency" means any incident requiring the response of the Central County Fire to perform fire extinguishing, life saving, rescue or hazard connected service activity.

"Home alarm system" or "home alarm" means any mechanical or electrical device designed or used for the detection of unauthorized entry onto any real property in the town (including, but not necessarily limited to, homes, clubs, schools and public buildings) or into any improvement on such real property or for alerting others of the commission of an unlawful act on or in such real property or improvement, or both, and which emits a sound or transmits a signal when activated. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.

"Notice" means documented verbal notification or written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United Postal Service.

"Permittee" means any person to whom a home alarm permit has been issued.

"Person" means natural person, firm, partnership, association or corporation.

"Police chief" means the police chief of the town.

"Police emergency" means any incident requiring the response of the police department during (1) the commission or threatened commission or suspected commission of an unauthorized entry onto any real property or into any improvement on such real property, (2) the commission or threatened commission or suspected commission of an unlawful act that may result in great bodily harm or significant property damage, or (3) the existence or perceived existence of a life-threatening medical incident.

(Ord. 661 § 9 (part), 2005; Ord. 654 § 5, 2004; Ord. 604 §§ 4—9, 1999)

The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles.

(Ord. 604 § 10, 1999)

No person shall cause a home alarm system to be installed in a home within the town, and no person shall possess or use a home alarm system within the town without first obtaining an alarm permit therefor in accordance with the provisions of this chapter.

(Ord. 604 § 11, 1999)

Any person desiring a home alarm permit shall complete the home alarm permit application form, available from the police department, pay the home alarm permit fee in the amount established from time to time by resolution of the city council, and file with the police department the properly completed application and proof of payment of fee. The police department shall thereupon issue the home alarm permit.

(Ord. 604 § 12, 1999)

The United States Government, the state, counties, municipal corporation, departments thereof, public school districts, and other United States governmental entities are exempt from all fees by this chapter.

(Ord. 654 § 6, 2004; Ord. 604 § 14, 1999)

No person shall use or cause or permit to be used, or engage in the business of providing any telephone device that automatically selects any communications center of the town other than the line designated to receive digital alarm activations, and in no circumstance shall a telephone device automatically dial a selected number and reproduce a recorded or computer-generated message for any reason.

(Ord. 604 § 15, 1999)

The issuing authority for the home alarm permit shall be the police department, and the approving authority for the home alarm permit shall be the police chief or the chief's designee.

(Ord. 604 § 16, 1999)

A permittee may not transfer or assign his or her home alarm permit to any other person. Any home alarm permit issued under this chapter shall expire when the permittee permanently ceases residing at the residence where the permitted home alarm is located.

(Ord. 604 § 18, 1999)

In the event that a false alarm is activated by any home alarm system within the town, a false alarm notice shall be issued by the police department when it responds to the false alarm. For each notice, the permittee shall be assessed a false alarm service charge according to the false alarm service charge schedule established from time to time by resolution of the city council. The chief of police shall establish policies and procedures for the issuance of false alarm notices and the collection of false alarm service charges. Once issued, a false alarm notice shall not be voided except as provided in the policies and procedures.

(Ord. 604 § 20, 1999)

A. The privilege of having a home alarm system directly connected to the police department's alarm monitoring station may be revoked by the chief of police or the chief's designee where there is a prolonged history of excessive false alarms.

B. Disconnection from the police department's alarm monitoring station does not affect the home alarm's connection, if any, to the alarm company that installed and maintains the alarm, nor the alarm company's ability to notify the police department of any alarm signal received by the alarm company.

C. Because excessive false alarms potentially endanger the health, safety and welfare of the town's residents by diverting police personnel and resources from genuine law enforcement activities and emergencies, the chief of police shall establish policies and procedures for the revocation of the privilege of direct connection to the police department's alarm monitoring station and shall submit such policies and procedures to the city council for approval. Such policies and procedures shall provide, inter alia, for notice and opportunity for hearing prior to revocation of the privilege.

(Ord. 604 § 21, 1999)

Each permittee shall maintain a current information card with the police department, containing the permittee's name, street address, email address, and telephone number(s) (home, work, cell phone, pager, etc.) as well as the name, street address, email address, and telephone number(s) (home, work, cell phone, pager, etc.) of two individuals (from different households) who can render service to the alarm within one hour after being called at any hour of the day or night and who are authorized by the permittee to accept correspondence from the police department to the permittee related to the home alarm system.

(Ord. 604 § 22 (part), 1999)

A. Any home alarm company that sells or installs a home alarm system in the town shall provide the owner of the home alarm system (hereinafter in this section "owner") with complete oral and written instructions as to the proper care and use of the home alarm system and shall demonstrate to the owner how to use the home alarm system. The owner, or resident of the residence in which the home alarm system is located (hereinafter in this section "resident") if the owner does not reside in the residence, shall ensure that a copy of such written instructions in English are accessible for use by any individual who is authorized to be in the residence where the home alarm system is located. At the request of the chief of police or the chief's designee, the owner or resident shall provide to the police department a copy of all current written instructions in English for the home alarm system.

B. If any non-English-speaking individual has the care, custody, or control of a home alarm system, the owner or resident shall ensure that written instructions (including instructions as to how to cancel a police response in the event of a false activation of the home alarm) for the home alarm system are available to such individual in his or her primary language. It is unlawful for any owner or resident to leave any home alarm system in the care, custody, or control of any non-English-speaking individual who does not have immediate access to written home alarm system instructions (including instructions as to how to cancel a police response in the event of a false activation of the home alarm) in his or her primary language.

C. Nothing in this section shall be deemed to require that any person who purchases a home alarm system or has one installed must enter into a service and/or inspection contract with an alarm company.

(Ord. 604 § 22 (part), 1999)

It is unlawful to install or use a home alarm system that emits a sound similar to emergency vehicle sirens or civil disaster sirens. All alarms audible or visible from the exterior of the residence (such as bells, gongs, other noisemaking devices and pulsating lights) and all silent alarms shall have a timing device that will turn them off within ten minutes after activation and shall further have a device that prevents reactivation within one hundred twenty minutes of the original activation. The police department and Central County Fire are authorized to disable (using whatever means are necessary in the judgement of police or fire personnel) any home alarm system that continues to activate for longer than ten minutes or that reactivates within one hundred twenty minutes.

(Ord. 661 § 9 (part), 2005; Ord. 604 § 22 (part), 1999)

Information received by the police department pursuant to this chapter shall be kept confidential and shall not be made available to the public. The city council specifically finds that the public interest in not making such information public clearly outweighs the public interest that would be served by disclosing such information. Furthermore, such information shall be available to members of the police department, to other employees and officials of the town, and to any other governmental employees or officials only on a need-to-know basis.

(Ord. 604 § 22 (part), 1999)

A. The conviction or punishment of any person for violation of any provision of this chapter shall not relieve such person from paying any permit fee or false alarm service charge then due and unpaid, nor shall payment of any permit fee or false alarm service charge prevent criminal or civil prosecution for violation of any provision of this chapter. All remedies shall be cumulative and the use of one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

B. The amount of any permit fee or false alarm service charge shall be deemed a debt to the town and may be collected by the town in any lawful manner. An action may be commenced in the name of the town in any court of competent jurisdiction for the amount of any delinquent permit fee or false alarm service charge.

C. All permit fees and false alarm service charges shall be deemed delinquent thirty days after they are due and payable, except as may otherwise be provided in the policies and procedures established pursuant to Section 5.12.110 for false alarm notices and false alarm service charges.

(Ord. 604 § 22 (part), 1999)

No individual shall turn in a false alarm or cause a false alarm to be turned in. It shall not be deemed a false alarm if an individual activates a home alarm system in the reasonable belief (1) that an unlawful act is in progress or is imminent and that such unlawful act may result in great bodily harm or significant property damage or may involve an unauthorized entry onto any real property or into any improvement on such real property, or (2) that a life-threatening medical problem exists. Turning in a false alarm or causing a false alarm to be turned in may constitute filing a false police report and may subject the individual to the statutory penalties therefor, in addition to any other applicable penalties or remedies under this chapter or as otherwise provided by law. When not constituting the filing of a false police report, violation of this section shall be an infraction, punishable as set forth in Chapter 1.08 of this code.

(Ord. 604 § 22 (part), 1999)

Except as otherwise set forth in this chapter, violation of any provision of this chapter shall be a misdemeanor punishable as set forth in Chapter 1.08.

(Ord. 604 § 22 (part), 1999)