Chapter 91 — ALARM SYSTEMS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALARM AGENT. Any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to (excluding public safety officers) or causing others to respond to an alarm system in or on any building, structure or facility. ALARM BUSINESS. The business carried on by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility. ALARM OWNER. A person who owns, controls, subscribes, leases, uses or operates an alarm system installed upon a residence or commercial or industrial business establishment pursuant to this chapter. ALARM SYSTEM. Any mechanical or electrical device which is designed or used for the detection of intrusion into a building, structure or facility or for alerting others of an event within a facility, or both, which event causes a local audible alarm or transmission of a signal or message for the purpose of evoking a response from law enforcement. ALARM SYSTEM shall include, but shall not be limited to, direct dial telephone devices, audible alarms and proprietor alarms. ALARM SYSTEM shall not include vehicle alarms, fire alarms, domestic violence alarms, local alarms, or alarms designed to elicit a medical response. Devices which are not designed or used to evoke a police response, or used to register alarms that are intended to be audible, visible or perceptible outside of the protected building, structure or facility, are not included within this definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system. APPELLANT. An alarm owner of a residence or commercial or industrial business establishment which perfects an appeal pursuant to this chapter. APPLICANT. An alarm owner of a residence or commercial or industrial business establishment which files an application for a permit as provided in this chapter. AUDIBLE ALARM. A device designed for the detection of an intrusion on premises which device generates an audible sound on the premises when it is actuated. COMMERCIAL or INDUSTRIAL BUSINESS ESTABLISHMENT. A firm, corporation, association, sole proprietor, partnership, organization or company which has an alarm system installed or maintained pursuant to this chapter. DAY. A calendar day. FALSE ALARM. The activation of an alarm system through mechanical failure, accidental tripping, misoperation, malfunction, misuse or the neglect of the alarm owner or of their employees, representatives or agents. Upon the failure of the Police Department to find any evidence of intrusion or other need or cause for activating an alarm system, a presumption of a false alarm will be made. FALSE ALARM shall not include alarms caused by earthquakes, winds, malfunctions of telephone line circuits or external causes beyond the control of the alarm owner. PERMITEE. Any person who shall be granted a permit, as provided in this chapter, and their agents and representatives. PROPRIETOR ALARM. An alarm which is not regularly serviced by an alarm business. RESIDENCE. A single or multi-family dwelling unit which has an alarm system installed or maintained pursuant to this chapter. (‘65 Code, § 4-10.01) (Ord. 242-C.S., passed - - ; Am. Ord. 673, passed 7-6-21)

No person shall engage in, conduct or operate as an alarm agent without registering his name and filing a copy of his state identification card with the City Clerk. No fee or application shall be required for such registration.

('65 Code, § 4-10.02) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

(A) There is hereby created an Appeals Board within the city. The members of the Appeals Board shall be appointed by the City Manager and shall be three in number. (B) In the event a permit is suspended as provided in § 91.28 the permittee may perfect an appeal to the Appeals Board by filing a notice of appeal with the City Clerk setting forth the facts and circumstances regarding the appeal. Such notice of appeal shall be filed not later than ten days after the service of a notice of suspension as provided in § 91.28 of this chapter.

(C) The Appeals Board shall consider the appeal not less than five days after the date on which the appeal is made and not later than 15 days after the date on which such appeal is filed with the City Clerk.

('65 Code, § 4-10.07) (Ord. 242-C.S., passed - - )

(A) If an appellant is aggrieved by any action of the Appeals Board, the appellant may appeal to the Council by filing with the City Clerk a statement addressed to the Council setting forth the basis for the appeal from the action of the Appeals Board. The City Clerk shall notify the appellant in writing of the time and place set for the hearing on the appeal. The Council, at its next regular meeting held not less than 10 days after the date on which such appeal has been filed with the City Clerk, shall hear the appellant, the City Manager and all relevant evidence and shall determine the merits of the appeal. The Council may affirm, overrule or modify the decision of the Appeals Board, and the decision of the Council shall be final.

(B) The right to appeal to the Council from an action of the Appeals Board shall terminate upon the expiration of 10 days following the deposit of a registered letter in the United States Post Office, or personal service of such letter, advising the appellant of the action of the Appeals Board and the right of appeal to the Council. ('65 Code, § 4-10.08) (Ord. 242-C.S., passed - - )

(A) When emergency messages, signals or notices are received by the Police Department that evidence a failure to obtain a permit or comply with any other requirement of this chapter, the City Manager is authorized to demand that the owner of the alarm system initiating such message, signal or notice, or their representative, disconnect the alarm system until it is made to comply with such requirements.

(B) Any alarm owner of a residence or commercial or industrial business establishment which maintains or has an alarm system which causes any signal, message or alarm to be transmitted to the Police Department, either by direct telephone or other direct communication, or by communication from an alarm agent or an alarm business, or by a person responding to an audible alarm, and which is proven to be a false alarm, shall pay a false alarm prevention payment to the city in an amount established by the City Council, from time to time, by resolution.

(C) An alarm system permit may be suspended or revoked, as provided in § 91.28 of this chapter, in addition to the payment of the prevention payment as provided in this section.

(‘65 Code, § 4-10.09) (Ord. 242-C.S., passed - - ; Am. Ord. 528-C.S., passed 2-18-03; Am. Ord. 673, passed 7-6-21)

All alarm systems and appurtenant equipment installed within the city shall meet or exceed the highest standards of the industry and those standards which may hereafter be established by the city. The city reserves the right to inspect all systems installed within the city.

('65 Code, § 4-10.10) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

The alarm system permittee shall supply on its application for a permit, as provided for in § 91.26 of this chapter, the names, addresses and telephone numbers of the selling or installing alarm company or, if the permittee is not under a service contract with an alarm system business, at least two persons to call who will be able to respond during nonbusiness hours in the event of an emergency. In the event such names, addresses and telephone numbers change, the permittee shall supply the city with such changes within 20 days after the change.

(‘65 Code, § 4-10.11) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

All audible alarm systems for which permits are required by this chapter shall include a device which will limit the generation of the audible sound of the system to not longer than 60 minutes after activation when the alarm system is protecting a commercial or industrial structure. Such systems shall include an automatic resetting device which shall cause the subject system to be rearmed upon an automatic shutoff.

('65 Code, § 4-10.12) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

Burglary detection alarm systems for which permits are required by this chapter shall include a device which will provide a minimum of a 30 second delay of the original transmission and activate a signal immediately in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the alarm owner of a residence or commercial or industrial business establishment having lawful control of the alarm system to terminate its operation after activation but prior to the transmission of a false alarm.

(‘65 Code, § 4-10.13) (Ord. 242-C.S., passed - - ; Am. Ord. 673, passed 7-6-21) Penalty, see § 10.99

Such alarm systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electrical service will not activate the alarm system. The backup power supply shall be capable of at least four hours of operation.

('65 Code, § 4-10.14) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

Permittees under this chapter shall notify the Police Department prior to any service, test, repair, maintenance, adjustment, alteration or installation of a system which would normally result in a police response, which might activate a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. ('65 Code, § 4-10.15) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

It shall be unlawful to install or use an alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. ('65 Code, § 4-10.16) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

No person shall maintain or operate a telephone alarm system which is intended to automatically and directly dial, upon activation, the telephone number of the office of the Police Department or Fire Department.

('65 Code, § 4-10.17) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99

The fees prescribed by this chapter shall be in addition to any other lawful fees imposed by the city for doing or conducting business within the city. ('65 Code, § 4-10.18) (Ord. 242-C.S., passed - - )

The city shall be under no obligation or duty to any permittee or any other person by reason of any provision of this chapter or the exercise of any privilege by any permittee pursuant to this chapter, including, but not limited to, any defect in a police alarm system, any delay in the transmission of an alarm message to any emergency unit, or any damage caused by any delay in responding to any alarm by any city officer, employee or agent.

('65 Code, § 4-10.19) (Ord. 242-C.S., passed - - )

PERMITS

No alarm owner of a residence or commercial or industrial business establishment shall possess, install or use an alarm system without first applying for and receiving an alarm system permit in accordance with the provisions of this chapter.

(‘65 Code, § 4-10.03) (Ord. 242-C.S., passed - - ; Am. Ord. 673, passed 7-6-21) Penalty, see § 10.99

Applications for alarm system permits shall be filed with the Finance Director on forms provided by the city, and the applicant at that time shall pay the appropriate fee established by resolution of the Council. The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary by the City Manager The permits provided for in this chapter shall be issued by the Finance Director and shall be nontransferable. ('65 Code, § 4-10.04) (Ord. 242-C.S., passed - - )

Upon receiving an application from any alarm owner of a residence or commercial or industrial business establishment for an alarm system permit, the City Manager shall cause an investigation to be made of the system to be installed to determine if the system complies with the requirements of this chapter. If the proposed system complies with this chapter, the Finance Director shall cause a permit to be issued.

(‘65 Code, § 4-10.05) (Ord. 242-C.S., passed - - ; Am. Ord. 673, passed 7-6-21)

(A) If at any time it shall come to the attention of the City Manager that the holder of a permit issued pursuant to this chapter has violated any provision of this chapter, or rules or regulations made pursuant to this chapter, including, but not limited to, false alarms which exceed the numbers permitted pursuant to § 91.05 of this chapter, or has refused to pay the false alarm prevention payment as provided in said section, the City Manager may suspend the permit.

(B) If an alarm system permit is suspended as provided in this section, the permit shall be deemed suspended and shall not be used for ten days after the notice of suspension is deposited in the United States Post Office by registered mail or personally served upon the permittee. Upon the failure of the permittee to cause the system to be repaired or to be properly used and operated within such ten day period, or to pay the delinquent false alarm prevention payment, or to file a notice of appeal with the City Clerk, the permit shall be revoked at the expiration of such ten day period, and the alarm system may not thereafter be used until a new permit is issued.

('65 Code, § 4-10.06) (Ord. 242-C.S., passed - - ) Penalty, see § 10.99