The following words and terms, as used herein, shall have the meaning respectively ascribed to them, as follows:
Alarm actuating device.
A device that is designed to respond either manually or automatically to smoke, fire, or activation of a fire extinguishing system.
Alarm site.
A single location or premises served by an alarm system or that are under the control of one (1) person.
Alarm system.
A device or system which transmits a signal which summons an emergency service of the city. The categories of alarm systems are robbery, burglary, fire, emergency medical assistance and emergency assistance. Alarm system does not include:
(1) 
An alarm installed on a vehicle unless installed at a permanent site, or such vehicle is used for habitation;
(2) 
An alarm designed to alert only the inhabitants of a premises and the alarm system does not omit a signal that is audible or visible outside the premises that it is installed upon; or
(3) 
An alarm installed upon the premises occupied by the city.
Alarm systems company.
Any person or company that sells, installs, services, monitors, or responds to burglar alarm signal devices, burglar alarms, television cameras, still cameras or any other electrical, mechanical, or electronic device used:
(1) 
To prevent or detect burglary, theft, shoplifting, pilferage, or other losses of that type;
(2) 
To prevent or detect intrusion; or
(3) 
Primarily to detect and summon aid for other emergencies and include persons relaying alarm notifications.
Alarm user.
The person, firm, partnership, associations, corporation, company or organization of any kind which owns, controls or occupies any building, structure, facility or vehicle used for habitation wherein an alarm system is maintained.
Automatic dialing device.
An alarm system device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.
Burglar alarm notification.
A notification which summons the police, which is initiated or triggered by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion.
Business owner.
The business owner of a retail establishment or commercial establishment or manager on duty.
Chief of police.
The chief of police or designee.
Emergency assistance alarm.
Any automatic notification system other than those defined herein which summons emergency assistance from the city.
Emergency medical assistance alarm notification.
An alarm system which summons emergency medical assistance.
False burglar alarm notification.
An alarm signal, eliciting a response by police within thirty (30) minutes of the alarm notification and the police determine from an inspection of the interior or exterior of the premises that the alarm was false.
False emergency medical assistance alarm/personal distress/panic alarm notification.
An emergency assistance alarm notification to the emergency personnel, when the responding emergency personnel find no evidence of a need for emergency assistance.
False fire alarm notification.
A fire alarm notification to the fire department, when the responding fire department personnel find no evidence of smoke or fire having occurred.
False robbery alarm notification.
A robbery alarm notification to the police, when the responding police officer reasonably finds there is no evidence of a robbery.
Fire alarm notification.
A notification intended to summon firefighting forces that is indicated or triggered manually or automatically by an alarm system designed to react to any of the visual or physical characteristics of fire.
Fire marshal.
The fire marshal or designee.
Local alarm.
An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure.
Occupant.
The person responsible for having the alarm system installed or activated.
Permit holder.
The person designated in the permit application who is responsible for responding to alarms and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and payment of fees and fines assessed under this article.
Permit reinstatement fee.
A fee to be paid prior to having an alarm permit reinstated. The fee shall be established by city council resolution.
Person.
An individual, corporation, partnership, association, organization, or similar entity.
Robbery alarm notification.
A notification intended to summon the police when a robbery occurs by means of an alarm system designed to be purposely activated by a human.
(Ordinance 08-1218 adopted 12/18/08)
All information submitted in compliance with this article shall be deemed confidential and not subject to public disclosure unless required by law.
(Ordinance 08-1218 adopted 12/18/08)
(a) 
An alarm company, an alarm permit holder or a person in control of an alarm system commits an offense if he violates any provision of this article that imposes upon him a duty or responsibility.
(b) 
A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation [was] committed, continued or permitted, and each offense is punishable by a fine not to exceed $500.00 as follows:
(1) 
For the first conviction: $200.00;
(2) 
For the second through tenth conviction: $250.00; and
(3) 
For each subsequent conviction: $500.00.
(c) 
In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this article to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership or other association, and within the scope of employment. A person or business utilizing an alarm system shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations or passwords must not be included in these instructions.
(Ordinance 08-1218 adopted 12/18/08)
Any applicant, permit holder, alarm installation company or monitoring company aggrieved by the decision to assess a penalty fee by the chief of police or designated representative may appeal the decision to an appeal board appointed by the city secretary by paying an appeal fee set by city council resolution and filing with the city secretary a written request for a hearing, setting forth the reasons for the appeal within ten days after the chief of police or designated representative renders the decision. The filing of a request for an appeal hearing with the city secretary stays the action of the chief of police or designated representative in assessing a penalty fee until the appeal board makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police or designated representative is final. Appeal fees will be returned if the decision of the chief of police or designated representative is overturned.
(Ordinance 08-1218 adopted 12/18/08)
(a) 
If the individual tenant, owner or property manager of an apartment complex installs an alarm system or has an alarm system monitored in the tenant’s residential unit on the premises, the tenant must provide to the alarm company monitoring the alarm system the name of a representative of the owner or property manager of the apartment complex who has keys to the tenant’s residential unit.
(b) 
Each tenant shall obtain a permit from the chief of police before operating or causing the operation of the alarm system.
(c) 
For purposes of assessing service fees and enforcing this article against an individual residential unit, the tenant is responsible for payment of service fees for false alarm notifications emitted from the alarm system in the tenant’s residential unit.
(d) 
The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas.
(Ordinance 08-1218 adopted 12/18/08)
Any alarm company engaged in the business of monitoring alarm systems shall:
(1) 
On the installation or activation of an alarm system, distribute to the occupant of the alarm system location the following information:
(A) 
A copy of this article;
(B) 
Information on how to prevent false alarms; and
(C) 
Information on how to operate the alarm system;
(2) 
Report alarm signals only by using telephone numbers designated by the chief of police;
(3) 
Before requesting police response to an alarm signal, attempt to verify every alarm signal, except a duress or robbery alarm activation, by a telephone call to the alarm site;
(4) 
Communicate alarm notifications to the city in a manner and form determined by the chief of police; and
(5) 
On a monthly basis provide to the chief of police a report which contains the name, address, telephone number, and date of activation of all current subscribers within the city.
(Ordinance 08-1218 adopted 12/18/08)
A person in control of a local alarm or an alarm system that causes an alarm notification to be sent shall adjust the mechanism or cause the mechanism to be adjusted so that, upon activation, the system will not transmit another alarm signal without first being manually reset. Each alarm notification shall be treated as a false alarm.
(Ordinance 08-1218 adopted 12/18/08)
A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this article and any rules and regulations promulgated by the chief of police or designee or that is not licensed by the state department of public safety; private security bureau; or the state commission on fire protection, as the case may be.
(Ordinance 08-1218 adopted 12/18/08)
If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the chief of police may require a conference with an alarm permit holder and the alarm company responsible for maintenance of the alarm system, and the fire marshal, to review the circumstances of each false alarm.
(Ordinance 08-1218 adopted 12/18/08)
(a) 
A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C., section 1882) may install, with the permission of the chief of police, a signal line directly to the police department for the purpose of reporting burglaries and robberies. If such an arrangement is made, all other requirements of this chapter must be met. The financial institutions shall execute a letter of agreement with the city permitting the installation of all necessary equipment on an indicator panel monitored in the communications division of the police department. The installation must be accomplished at the institution’s expense.
(b) 
The financial institution shall pay an annual fee as provided in the fee schedule which is adopted by resolution of the city council for each indicator. The chief of police or designee shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements. If the chief of police finds that the alarm system continually fails to operate properly or be operated properly, the chief of police or designee may terminate the privilege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipment at the expense of the financial institution.
(c) 
The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the request of the financial institution or the chief of police on a 24-hour basis, seven (7) days a week. In no event may the city become liable for charges for repairs and maintenance.
(d) 
The financial institution may cancel its agreement with the city at any time by giving the city written notice through the city administrator, and at its own expense, remove its equipment and indicators from the monitoring panel in the communications center.
(e) 
The chief of police may require any change, modernization, or consolidation of alarm signaling equipment that the chief of police deems advisable. In no event may the city become liable for charges for these changes.
(f) 
Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm responding service using a special trunkline designated by the chief of police.
(Ordinance 08-1218 adopted 12/18/08)
It is unlawful for any person to program an automatic dialing device to select a primary telephone line belonging to the city and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary telephone line belonging to the city within twelve (12) hours of receipt of written notice from the chief of police.
(Ordinance 08-1218 adopted 12/18/08)
(a) 
A person commits an offense if the person activates, operates or causes to be operated an alarm system without first obtaining a permit from the chief of police, or while the permit has been suspended.
(b) 
Any person using an alarm system shall pay such permit fees, renewal fees, and service fees as provided for in the fee schedule as adopted by resolution of the city council.
(c) 
A permit shall only be issued to the resident of a single-family dwelling; the tenant occupying the unit of a multifamily complex; and the business owner of any retail or commercial establishment.
(d) 
Any person without an existing valid permit for an alarm system on the effective date of the ordinance from which this article is derived must apply for a permit prior to activation of the system.
(e) 
Each permit application must contain the following information and be complete, true and accurate in its entirety:
(1) 
The name, address and telephone number of the permit holder who will be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article;
(2) 
The classification of the alarm site as either residential or commercial, including whether the alarm site is an apartment, the building number and the apartment number, if so numbered;
(3) 
The purpose of the alarm system for each alarm system located at the alarm site, i.e., unauthorized intrusion, robbery, panic/duress;
(4) 
The name and telephone number of the alarm system monitoring company that has agreed to receive calls for the permitted alarm system, if applicable;
(5) 
At least three names and telephone numbers of contacts (responders) that are able to respond to the alarm premises within 30 minutes with a key or means of access to the location if needed by the emergency responders; and
(6) 
Other information required by the chief or designated representative that is necessary for the enforcement of this article.
(f) 
Upon receipt of a completed application form and the required permit fee, the chief of police shall issue an alarm permit to an applicant unless:
(1) 
The applicant fails to provide all of the information requested on the application or submits an incomplete application;
(2) 
The applicant gives false, misleading or untrue information of material fact on the application;
(3) 
The applicant has failed to pay the application fee assessed pursuant to this article; or
(4) 
The applicant will not comply with any provisions of this article.
(g) 
An alarm permit is issued to a specific individual and a specific address. An alarm permit cannot be transferred to another person or another address. However, the individual designated to respond to an alarm or relay an alarm can be changed. A permit holder must inform the city of any changes that alter information listed on the permit application. No fee will be assessed for such changes.
(h) 
All fees owed by an applicant for which a bill has been issued must be paid before a permit may be issued.
(i) 
Failure of the alarm user to renew an alarm permit by the expiration date shall be considered as not having a valid permit.
(j) 
Any false statement or misrepresentation of a material fact made by an applicant or person for the purpose of obtaining an alarm permit or renewal, or while making a change thereto, shall be sufficient cause for refusal to grant a permit.
(Ordinance 08-1218 adopted 12/18/08)
A permit holder must pay any service fees as assessed under the provisions of this article within thirty (30) days after receiving notification from the city that a service fee has been assessed. If the assessed fees become ninety (90) days delinquent, a ten (10) percent late charge will be added.
(1) 
Burglar alarms.
A permit holder will be assessed a fee established by resolution of the city council from time to time for the signaling of a use alarm by a burglar alarm system in excess of three (3) false alarms which have occurred during the previous twelve-month period at the alarm site.
(2) 
Fire alarms.
A permit holder will be assessed a fee established by resolution of the city council from time to time for the signaling of a false alarm by a fire alarm system in excess of three (3) use alarms which have occurred during the previous twelve-month period at the alarm site.
(3) 
Robbery alarms.
A permit holder will be assessed a fee established by resolution of the city council from time to time for the signaling of a false alarm by a robbery alarm system.
(4) 
Emergency medical assistance alarms.
A permit holder will be assessed a fee established by resolution of the city council from time to time for the signaling of a false alarm by a medical assistance alarm system in excess of three (3) false alarms which have occurred during the previous twelve-month period at the alarm site.
(5) 
Emergency assistance/personal distress/panic alarm.
A permit holder will be assessed a fee established by resolution of the city council from time to time for the signaling of a false alarm by an emergency assistance/personal distress or panic alarm system in excess of three (3) false alarms which have occurred during the previous twelve-month period at the alarm site.
(Ordinance 08-1218 adopted 12/18/08)
A permit expires one year from the date of issuance and must be renewed annually by submitting an updated application and a permit renewal fee to the chief of police. It is the responsibility of the permit holder to submit an application prior to the permit expiration date. All service fees and late fees assessed under this article must be paid prior to renewal of the permit. The chief of police shall provide thirty (30) days’ prior notice to the permit holder before terminating a permit for no renewal.
(Ordinance 08-1218 adopted 12/18/08)
(a) 
A permit holder in control of an alarm system shall:
(1) 
Adjust or modify the sensory mechanism of the alarm system to suppress false indications of force so that the alarm system will not be activated by impulses due to:
(A) 
Transient pressure changes in water pipes;
(B) 
Flashes of light;
(C) 
Wind noise caused by the rattling or vibrating of doors or windows;
(D) 
Vehicular noise adjacent to the installation; or
(E) 
Other forces unrelated to actual emergencies.
(2) 
Maintain the alarm system in a manner that will minimize false alarm notifications;
(3) 
Respond or cause a representative to respond within thirty (30) minutes when notified by the city to repair or inactivate a malfunctioning alarm system, to provide access to the premises to provide security for the premises;
(4) 
Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report; and
(5) 
Notify the chief of police in writing of the date a permit is to be cancelled or that the permit will not be renewed. The notification must include the date the document was signed and signature of the permit holder. The city must receive the cancellation or nonrenewal notice in writing no later than fifteen (15) days before the permit expiration date.
(b) 
If a permit holder or an emergency contact person is contacted to inspect an unsecured building or residence and fails to respond to the alarm site in the allowed time of thirty (30) minutes to secure the building or residence, a fee in the amount established by city council will be charged to the permit holder if the city representatives have to secure the premises. The city is not responsible for loss or damage.
(Ordinance 08-1218, sec. 8-34, adopted 12/18/08; Ordinance adopting Code)
(a) 
The chief of police may revoke or refuse to renew an alarm permit if:
(1) 
The permit holder has eight (8) or more false alarms during the preceding twelve-month period;
(2) 
There is a false statement of a material matter in the application for a permit;
(3) 
The permit holder has failed to pay a late fee and/or service fee assessed under this article within thirty (30) days after a bill for the assessment was issued;
(4) 
The permit holder fails to maintain the alarm system in accordance with the requirements of this article; or
(5) 
The operation of the alarm system by the permit holder has demonstrated a history of unreliability, as set forth in this section.
(b) 
A person commits an offense if he operates an alarm system during the period in which the alarm permit has been revoked.
(Ordinance 08-1218 adopted 12/18/08)
The alarm system has a history of unreliability and the applicant has failed to make alterations or corrections to the system to reasonably assure abatement of false alarms [shall be grounds for non-renewal]. Any alarm system generating ten or more false alarm notifications within a 12-month permit period shall be presumed unreliable; and the alarm permit shall be revoked or suspended, after the city provides thirty (30) days’ written notice to the permit holder, until the permit holder has:
(1) 
Attended alarm user awareness class at a class approved by the chief or his designee;
(2) 
Provided a certificate of compliance; and
(3) 
Paid a reinstatement fee as established by city council resolution.
(Ordinance 08-1218 adopted 12/18/08)
(a) 
A person whose alarm permit has been revoked may be issued a new permit if the person:
(1) 
Submits an updated application and pays a reinstatement fee, established by resolution of the city council;
(2) 
Pays or otherwise resolves, all citations in municipal court issued to the person under this article;
(3) 
Pays all outstanding late fees and/or service fees assessed under this article for which a bill has been issued; and
(4) 
Submits documentation to the chief of police stating that the permit holder has performed all necessary repairs or adjustments required by the city, and has complied with all provisions of this article.
(b) 
A permit that has been reinstated shall expire on the same date it was originally set to expire, one year from the date the permit was issued.
(Ordinance 08-1218 adopted 12/18/08)
If the chief of police or designated representative refuses to issue or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief of police or designated representative to the appeal board by filing with the city secretary within ten days after receipt of the notice from the chief of police or designated representative. The filing of a request for an appeal hearing with the board stays an action of the chief of police or designated representative in revoking a permit until the board makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police or designated representative is final.
(Ordinance 08-1218 adopted 12/18/08)