Chapter 5.12 — BURGLAR AND FIRE ALARM BUSINESSES

This chapter shall be known as the "Burglar Alarm Business Ordinance of the Town."

(Prior Code, § 10.70.010; Code 1990, § 5.12.010; Ord. No. 89-16, § 1, 1989)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the common definitions of such word or phrase shall also govern the construction, meaning and application of words and phrases used in this chapter. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm agent means any person who is employed by an alarm business, either directly or indirectly, whose duties include, but are not limited to, selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building or structure in the Town.

Alarm business means the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building or structure in the Town.

Alarm system means any device or system which is designed or used for the detection of an unauthorized entry into a building or structure or for alerting others of the commission of an unlawful act within a building or structure or that detects smoke or fire, and which emits a sound or transmits a signal or message when activated. The term "alarm system" includes, but is not limited to, audible alarms, subscriber and proprietor alarm systems.

Alarm user means any person who uses an alarm system, including any subscriber or proprietor alarm system.

Audible alarm means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is activated.

Dial telephone alarm system means an alarm system which will activate an automatic telephone dialing device programmed to dial a number maintained by an answering service, security agency, Police Department or other person.

False alarm means an alarm signal necessitating a response by the Police Department where there has been no unauthorized entry of the premises protected by an alarm system.

Proprietor alarm system means any alarm system which is owned and maintained by the person who exercises ownership, dominion or control over the property which is protected by the alarm system.

Police Department means the Town Police Department.

Subscriber means any subscriber, customer or client of an alarm business.

Subscriber alarm system means an alarm system which is owned or maintained by an alarm business for the protection of the property of any subscriber, customer or client of such alarm business.

Tax Collector means the Town Finance Director.

(Prior Code, § 10.70.020; Code 1990, § 5.12.020; Ord. No. 89-16, § 1, 1989)

(a)

Alarm business permit. No person shall carry on, conduct or operate any alarm business in the Town unless a valid and subsisting alarm business permit has been issued to such person by this Tax Collector pursuant to the provisions of this chapter for each separate office or place of business conducted by such person in the Town.

(b)

Alarm agent permit. No person shall act as an alarm agent unless a valid and subsisting alarm agent permit has been issued to such person by the Tax Collector pursuant to the provisions of this chapter.

(c)

Proprietor alarm system permit. No person shall install or use a proprietor alarm system unless a valid and subsisting proprietor alarm system permit has been issued to such person by the Tax Collector pursuant to the provisions of this chapter for each alarm system installed or used by such person in the Town.

(d)

Temporary permit. Any person who has applied for a permit required by this section shall, upon request therefor be issued a temporary permit by the Tax Collector for a period not to exceed 60 days pending action on the application, provided that the Tax Collector shall not issue such a temporary permit if possessed of information which would be grounds for denial of a permit under Section 5.12.070. The temporary permit, while it is in effect, shall for all purposes have the same force and effect and be subject to the same terms and conditions as any permit issued pursuant to this chapter. Any temporary permit shall expire upon the issuance or denial of the permit applied for.

(Prior Code, § 10.70.030; Code 1990, § 5.12.030; Ord. No. 89-16, § 1, 1989)

Any person desiring an alarm permit shall file a written application with the Tax Collector on a form to be furnished by the Tax Collector. The applicant shall accompany the application with a tender of the correct permit fee as provided in Section 5.12.080 and shall furnish the following:

(1)

The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;

(2)

The name and physical location of the business and mailing address;

(3)

The name and residence address of every alarm agent and other employee of the business;

(4)

The following information concerning the applicant, if an individual and concerning each person who owns or is beneficially interested in more than ten percent of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning each partner, including limited partners, if the applicant is a partnership; and concerning the Manager or other person principally in charge of the operation of the business:

a.

Name, complete residence address and residence telephone number;

b.

Age and date of birth;

c.

The alarm or similar business history and experience, including, but not limited to, whether such person, in previously operating in the Town or another city, county, or state under license or permit, has had such license or permit denied, revoked or suspended, and the reason therefor;

d.

A complete set of fingerprints taken by the Police Department to be retained on file by the Tax Collector;

e.

The taxpayer identification number or social security number of each applicant.

(5)

A certified copy of the applicant's State contractor's license issued by the State contractor's board, and where applicable, a copy of the applicant's State alarm company and or agent license issued by the Collection and Investigative Services Bureau, Department of Consumer Affairs;

(6)

Any relevant evidence requested by the Tax Collector to enable the Tax Collector to conduct an adequate independent investigation to determine the accuracy of the information in this section or to evaluate it;

(7)

A statement of all criminal convictions other than misdemeanor traffic violations, the jurisdiction in which convicted, the offense for which convicted, and circumstances thereof;

(8)

Written authorization for any person to provide the Tax Collector with information relevant to any of the foregoing;

(9)

Written declaration by the applicant, under penalty of perjury under State law that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed.

(Prior Code, § 10.70.040; Code 1990, § 5.12.040; Ord. No. 89-16, § 1, 1989)

Any person desiring an alarm agent permit shall file a written application with the Tax Collector on a form to be furnished by the Tax Collector. The applicant shall accompany the application with a tender of the correct permit fee as provided in Section 5.12.080 and shall furnish the following:

(1)

Name, residence address and telephone number;

(2)

Business address and telephone number where the alarm will be employed;

(3)

Age and date of birth of applicant;

(4)

Sex, height, weight, color of hair and eyes, marks, scars, tattoos or other identifying characteristics;

(5)

Driver's license number and social security number;

(6)

The formal education, on-the-job training and work experience in the installation and maintenance of alarm systems, and whether such person, in previously being employed in the Town or another city or State under an alarm agent's license or permit, has had such license or permit denied, revoked or suspended and the reason therefor, or whether he or she has been dismissed from employment as an alarm agent;

(7)

A statement of all criminal convictions other than misdemeanor traffic violations, the jurisdiction in which convicted, the offense for which convicted and the circumstances thereof;

(8)

Two front-face portrait photographs at least two inches by two inches in size supplied by the applicant within 30 days of the date of application;

(9)

A complete set of fingerprints taken by the Police Department and to be retained on file by the Tax Collector;

(10)

A signed statement for the owner or responsible managing employee of the alarm business stating that employment has been offered to the applicant;

(11)

Any relevant evidence requested by the Tax Collector to enable the Tax Collector to conduct an adequate independent investigation to determine the accuracy of the information required in this section or to evaluate it;

(12)

Written authorization for any person to provide the Tax Collector with information relevant to any of the foregoing;

(13)

Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the Town.

(Prior Code, § 10.70.050; Code 1990, § 5.12.050; Ord. No. 89-16, § 1, 1989)

Any person desiring a proprietor alarm system permit shall file a written application with the Tax Collector on a form to be furnished by the Tax Collector. The applicant shall accompany the application with a tender of the correct permit fee as provided in Section 5.12.080 and shall furnish the following:

(1)

The name, residence address and telephone number of the applicant, if an individual; if the applicant is a corporation or a partnership, the name, residence address and telephone number of the Manager or other person principally in charge of the operation of the business;

(2)

The name, business address, telephone number and type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;

(3)

The type of alarm system to be installed and the alarm business and/or alarm agent, if any, which may service the alarm system;

(4)

The Town business certificate number;

(5)

The names, addresses and telephone numbers of at least two persons who will be available on a 24-hour basis to service the alarm system;

(6)

Any relevant evidence requested by the Tax Collector to enable the Tax Collector to conduct an adequate independent investigation to determine the accuracy of the information required in this section or to evaluate it;

(7)

Written authorization for any person to provide the Tax Collector with information relevant to the foregoing;

(8)

Written declaration by the applicant, under penalty of perjury under State law that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed.

(Prior Code, § 10.70.060; Code 1990, § 5.12.060; Ord. No. 89-16, § 1, 1989)

(a)

Upon receiving the application for a permit, the Tax Collector shall conduct an investigation of the applicant's qualifications. The Tax Collector may, in his/her discretion, require a personal interview of the applicant. Before any permit shall issue under this chapter, the Tax Collector shall first sign his/her approval of the application.

(b)

The Chief of Police shall approve all alarm systems installed by either the alarm business, alarm agent or a proprietor.

(Prior Code, § 10.70.070; Code 1990, § 5.12.070; Ord. No. 89-16, § 1, 1989)

(a)

The Tax Collector shall issue any permit applied for within 60 days of receipt of the application, unless the Collector finds that:

(1)

The correct permit fee has not been tendered to the Tax Collector or, in the case of a check, not paid upon presentment.

(2)

The business, as proposed by the applicant, would not comply with all applicable laws.

(3)

The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the Tax Collector in connection therewith or has refused to provide all information or documents required pursuant to this chapter.

(4)

The applicant has had a similar permit or license denied, revoked or suspended for any cause by the Tax Collector or any other State or local agency within five years prior to the date of the application.

(5)

The applicant for an alarm business permit or alarm agent permit does not qualify if the applicant for an alarm business permit does not have in his/her possession the required State contractor's license and State alarm license issued by the State bureau of consumer affairs.

(6)

The applicant for an alarm business permit or alarm agent permit has been convicted of any crime involving burglary, theft, dishonesty, fraud or deceit, or any attempt to commit said crimes, within seven years prior to the date of the application.

(7)

The installation of the alarm system, as proposed by the applicant, if permitted, would not comply with the provisions of this chapter.

(b)

The Tax Collector, upon denying an application, shall state the Collector's reasons in writing, specifying the particular grounds for such denial.

(Prior Code, § 10.70.080; Code 1990, § 5.12.080; Ord. No. 89-16, § 1, 1989)

Fees for alarm business permits, alarm agent permits, and proprietor alarm system permits shall be set by resolution.

(Prior Code, § 10.70.090; Code 1990, § 5.12.090; Ord. No. 89-16, § 1, 1989)

Each permit shall expire on February 1 of each year, except that a first permit shall expire on the next ensuing February 1. Permits may be renewed and, in processing a renewal application, the Tax Collector shall consider all the elements of Section 5.12.080 in determining whether to renew a permit. An unrevoked permit may be renewed for one year on written application to the Tax Collector made at least one month before its expiration date and accompanied by the required fee. For failure to pay a permit fee when due, the Tax Collector shall add a penalty of 20 percent of the fee on the last day of each month after the expiration date thereof, not to exceed 100 percent of the permit fee.

(Prior Code, § 10.70.100; Code 1990, § 5.12.100; Ord. No. 89-16, § 1, 1989)

Any alarm business, alarm agent or proprietor alarm system permit issued under this chapter shall be subject to suspension or revocation by the Tax Collector for violation of any provisions of this chapter, or for any grounds that would warrant the denial of such permit. Such suspension or revocation shall be made only after a hearing by the Tax Collector. The Tax Collector shall give written notice of the time, place and nature of the hearing at least ten days prior thereto. Such notice shall also state the reason for the intended revocation or suspension. The notice shall be given in the permit, as issued, or if none, then to the address

given in the application. Notice shall be effective immediately upon posting. The Tax Collector, upon revocation or suspension, shall state his/her reasons in writing, specifying the particular grounds for such revocation or suspension and shall give notice thereof to the permittee. The revocation or suspension shall be effective as of the date of the mailing of written notice in the manner set forth in this chapter.

(Prior Code, § 10.70.110; Code 1990, § 5.12.110; Ord. No. 89-16, § 1, 1989)

Any applicant who is denied a permit and any permittee whose permit is revoked or suspended shall have the right to appeal such denial, revocation or suspension to the Town Council within ten days after notice thereof. An appeal shall be made by filing a notice of appeal with the Town Clerk. The perfecting of such appeal shall suspend the order of denial, revocation or suspension of such permit. The appeal shall be heard by the Town Council within a reasonable time. The Town Clerk shall give notice of the time and place of the hearing at least two days prior thereto. The notice shall be given by regular first-class mail to the address given in the permit, as issued, or if none, then to the address given in the application. Notice shall be effective immediately upon posting. The strict rules of evidence shall apply, but the applicant or permittee shall have the right to the assistance of counsel and to the reasonable presentation of witnesses and evidence. The Town Council may continue the hearing from time to time. The Town Council shall affirm or overrule the denial, revocation or suspension within ten days from the conclusion of the hearing. The decision of the Town Council shall be final. The Town Clerk shall mail written notice of the decision of the Town Council, which decision shall be effective as of the date of the mailing of such notice in the manner set forth in this chapter.

(Prior Code, § 10.70.120; Code 1990, § 5.12.120; Ord. No. 89-16, § 1, 1989)

(a)

The alarm business permittee shall display his/her permit, and that of each alarm agent employed directly or indirectly by the alarm business permitted, in a conspicuous place on the premises of the alarm business.

(b)

The proprietor alarm system permittee shall display his/her permit in a conspicuous place on the premises wherein the alarm system is installed.

(Prior Code, § 10.70.130; Code 1990, § 5.12.130; Ord. No. 89-16, § 1, 1989)

Every alarm agent and alarm business permittee shall carry on their person at all times a valid and subsisting identification card issued to the permittee upon issuance of the permit. The identification card shall bear the name and address of the permittee and the name of the alarm business and it shall be displayed upon request of the Tax Collector, designee, or any officer of the Police Department.

(Prior Code, § 10.70.140; Code 1990, § 5.12.140; Ord. No. 89-16, § 1, 1989)

Any permit issued pursuant to this chapter shall be personal to the permittee and shall be nontransferable. A duplicate permit or identification card may be issued by the Collector to replace any permit previously issued under this chapter which has been lost or destroyed upon the permittee filing statement of such fact and at the time of filing such statement paying to the Collector a fee set by resolution.

(Prior Code, § 10.70.150; Code 1990, § 5.12.150; Ord. No. 89-16, § 1, 1989)

No person shall sell, install or maintain any audible alarm as follows:

(1)

Which creates a sound similar to that of an emergency vehicle siren or a civil defense warning system or is not equipped with an operable device to discontinue the alarm sound within one-quarter hour;

(2)

Which does not have on the alarm housing or adjacent to the alarm housing on the building or structure a permanent, legible and conspicuous statement of the name and telephone number of the owner or operator of the alarm; or

(3)

Which does not contain a mechanical means to effect an automatic turnoff of the alarm within 15 minutes after it is first activated.

(Prior Code, § 10.70.160; Code 1990, § 5.12.160; Ord. No. 89-16, § 1, 1989)

When a subscriber alarm system has been activated, the alarm business which owns, leases or maintains such systems shall have a representative at the location of the alarm system within one-quarter hour after being made aware of the activation or being requested to do so by the Police Department.

(Prior Code, § 10.70.170; Code 1990, § 5.12.170; Ord. No. 89-16, § 1, 1989)

When a proprietor alarm system has been activated, the owner of the alarm system or designee shall be present at such location within one-quarter hour after being made aware of the activation or being requested to do so by the Police Department.

(Prior Code, § 10.70.180; Code 1990, § 5.12.180; Ord. No. 89-16, § 1, 1989)

Without the prior written permission of the Chief of Police no person shall sell, lease, maintain, service, repair, alter, replace, move, install or use any alarm system which directly dials any telephone number into

any office of the Police Department.

(Prior Code, § 10.70.190; Code 1990, § 5.12.190; Ord. No. 89-16, § 1, 1989)

(a)

In addition to the grounds set forth in Section 5.12.100, the following are grounds for false alarm fines which shall be set by resolution, or revocation of an alarm business permit or proprietor alarm permit:

(1)

More than three false alarms during any permit period;

(2)

Improper use of the alarm;

(3)

Use or installation of any alarm system not approved by the Tax Collector.

(b)

Alarm company operators and alarm agent are liable for false only if such alarms are due to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.

(Prior Code, § 10.70.200; Code 1990, § 5.12.200; Ord. No. 89-16, § 1, 1989)

Every person who operates an alarm business shall at all times keep a record of all sales and installations of the alarm systems together with the time, date and place of any service or repair. No person shall fail or refuse to make such records available at reasonable time for inspection by the Tax Collector, designee or officers of the Police Department.

(Prior Code, § 10.70.220; Code 1990, § 5.12.210; Ord. No. 89-16, § 1, 1989)

(a)

Every person who operates an alarm business shall report immediately to the Tax Collector any change of ownership or management of the alarm business; any change of name, style or designation under which the business is to be conducted; any change of business address or telephone number of the business; and any change in the employment of alarm agents by hiring, terminating or otherwise.

(b)

Every alarm agent shall report immediately to the Tax Collector any change of same's employment, whether by new or renewed employment, discharge or termination, or otherwise, giving the name and address of the former employer, if any, and the name and address of the new employer, if any.

(Prior Code, § 10.70.240; Code 1990, § 5.12.220; Ord. No. 89-16, § 1, 1989)

No person shall employ directly or indirectly as an alarm agent any person who does not possess a valid alarm agent permit.

(Prior Code, § 10.70.250; Code 1990, § 5.12.230; Ord. No. 89-16, § 1, 1989)

The Tax Collector shall have the power to adopt rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of this chapter. Such rules and regulations may include standards and specifications for the construction, installation and maintenance of any alarm system.

(Prior Code, § 10.70.260; Code 1990, § 5.12.240; Ord. No. 89-16, § 1, 1989)

The provisions of this chapter shall not apply to the following:

(1)

Any alarm system affixed to a motor vehicle;

(2)

Any person who sells alarm systems or component parts thereof from a fixed location and who does not personally or through an agent or employee, visit the property where the alarm sold or repaired is installed; or

(3)

An alarm system which is designed solely to alert the occupants of the building, structure or facility and cannot be heard outside the building or structure.

(Prior Code, § 10.70.270; Code 1990, § 5.12.250; Ord. No. 89-16, § 1, 1989)

(a)

It shall be the duty of the Tax Collector and qualified deputies, with the advice and assistance of the Town Attorney, to enforce each and all of the provisions of this title, and Chief of Police shall render such assistance in the enforcement thereof as may from time to time be required by the Tax Collector, the Town Attorney, or the Town Council. The Tax Collector may have any or all places of business in the Town

examined to ascertain whether or not the provisions of this chapter have been complied with, and in connection therewith has the power to enter, free of charge and at reasonable times, any place of business permitted under this chapter for the purpose of this inspection.

(b)

Any person who fails to exhibit the permit or agent identification card as required in this chapter, is guilty of a misdemeanor.

(c)

The Tax Collector may, with the prior consent of the Town Attorney, deputize a qualified accountant to examine the necessary books and records of any licensee. Any licensee refusing to exhibit the necessary books and records, as required by the Tax Collector or deputy, is guilty of a misdemeanor.

(Prior Code, § 10.70.280; Code 1990, § 5.12.260; Ord. No. 89-16, § 1, 1989)

In addition to a misdemeanor prosecution, the Tax Collector, with the advice and assistance of the Town Attorney, may use all civil remedies to obtain payment of the amount of permit due.

(Prior Code, § 10.70.290; Code 1990, § 5.12.270; Ord. No. 89-16, § 1, 1989)

The provisions of this chapter shall be applicable to all persons and businesses described in this chapter.

(Prior Code, § 10.70.300; Code 1990, § 5.12.280; Ord. No. 89-16, § 1, 1989)