HomeMy WebLinkAboutNo 941 Alarm Ordinance Replacing All Current Elements of Chapter 4, with the Exception of Section 4-73 Pertaining to Vehicle Alarms
ORDINANCE 941
Alarm Ordinance Replacing All Current Elements of Chapter 4,
with the Exception of Section 4-73 Pertaining to Vehicle
Alarms
The purpose of this ordinance is to establish reasonable expectations of
alarm users;toincent owners of alarm systems to have properly working
systems to effectively perform as intended; to reduce the number of false
alarms, which results in City services being used to respond to
unnecessary alarms; and provide added benefit to property owners by
maintaining up-to-date information relating to alarm systems.
SECTION 1: DEFINITIONS
The following words, terms and phrases, when used in this ordinance,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
Alarm Administratormeans a person or persons designated by the City
to administer, control and review false alarm reduction efforts and
administersthe provisions of this ordinance.
Alarm Companymeans a person subject to the licensing requirements,
and/or a companyengaged in selling, leasing, installing, servicing or
monitoring alarm systems;this person shall be licensed incompliance
withState laws.
Alarm permitmeans a permit issued by the Cityof Maplewood allowing
the operation of an alarm system within the Cityof Maplewood.
Alarm signalmeans any signalaudible, visual,or electronically
transmittedto a monitoring facility,generated by an alarm system, to
which law enforcement is requested to respond.
Alarm systemmeans any single device or assembly of equipment
designed to signal the occurrence of an illegal or unauthorized entry or
other activity requiring immediate attention and to which law enforcement
is requested to respond, but doesnot include motor vehicle or boat
alarms, fire alarms, domestic violence alarms, or alarms designed to
elicit a medical response.
Alarm usermeans any person, corporation, partnership, proprietorship,
governmental or educational entity or any other entity owning,leasing or
operating an alarm system, or on whose premises an alarm system is
maintained for the protection of such premises.
Automatic dial protection devicemeans an automatic dialing device or
an automatic telephone dialing alarm system and shall include any
system which, upon being activated, automatically initiates to the
Maplewood Police Department a recorded message or code signal
indicating a need for law enforcement response.
Cancellationmeans the process where response is terminated when the
alarm company (designated by the alarm user) notifies the Maplewood
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Police Department that there is not an existing situation at the alarm site
requiring police response after an alarm dispatch request. If cancellation
occurs prior to police arriving at the scene, this is not a false alarm for the
purpose of establishing a penaltyfee, and no penalty fee will be
assessed.
Citymeans the Cityof Maplewood orits agent.
False alarmmeans the activation of an alarm system through mechanical
or electronic failure, malfunction, improper installation, or the negligence
of the alarm user, his/her employees or agents, and signals activated to
summon law enforcement personnel unless law enforcement response
was cancelled by the alarm user or his/her agent before law enforcement
personnel arrive at the alarm location. An alarm is false within the
meaning of this article when, upon inspection by the Maplewood Police
Department, evidence indicates that no unauthorized entry, robbery, or
other such crime was committed or attempted in or on the premises which
would have activated a properly functioning alarm system.
Notwithstanding the foregoing, a false alarm shall not include an alarm
which can reasonably be determined to have been caused or activated by
unusually violent conditions of nature nor does it include other
extraordinary circumstances not reasonably subject to control by the
alarm user.
Local alarmmeans an alarm system that emits a signal at an alarm site
that is audible or visible from the exterior of a structure and is not
monitored by a remote monitoring facility, whether installed by an alarm
company or user.
Runaway alarmmeans an alarm system that produces repeated alarm
signals that do not appear to be caused by separate human action. The
Maplewood Police Department may in its discretion discontinue police
responses to alarm signals from what appears to be a runaway alarm.
Verifymeans an attempt by the monitoring company, or its
representative, to contact the alarm site and/or alarm user by telephone
and/or other electronic means, whether or not actual contact with a
person is made, to attempt to determine whether analarm signal is valid
before requesting law enforcement dispatch, in an attempt to avoid an
unnecessary alarm dispatch request. For the purpose of this ordinance,
telephone verification shall require, as a minimum that a second call be
made to a different number if the first attempt fails to reach an alarm user
who can properly identify themselves to attempt to determine whether an
alarm signal is valid before requesting law enforcement dispatch.
SECTION 2: ALARM PERMIT
(a)Permit required; term.No person shall use an alarm system
without first obtaining a permit for such alarm system from the
City. A fee may be required for the initial registration and annual
renewals. Each alarm permit shall be assigned a unique permit
number, and the user shall providethe permit number to thealarm
company to facilitate law enforcement dispatch.It is the
responsibility of the alarm user to obtain the required permit
through whichever methods or processes are required by the City
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of Maplewood.Upon proper application and registration a permit
shall be issued and valid for the remainderof the yearexpiring on
December 31annually. When a new permit is issued after August
1of any year said permit shall be valid until expiring on December
31of the following calendar year. Alarm system users must apply
for renewal of their issued permit at least 14 days before the
existing alarm permit expires.
(b)Alarm permit; renewal.Alarm system users currently operating
permitted alarm systems on the effective date of this sectionshall
have said alarm permit expire on April 30, 2014. Thereafter
renewal of alarm permits will be done annually with an effective
date of January 1. Any alarm system user not currently permitted
shall obtain a permitwithin 30 days of the effective date of this
section. New alarmsystem users shall have 30 days following
installation of new system to make application for an alarm permit.
Alarm system users more than thirty (30) days delinquent in
renewing an existing alarm permit and alarm system users more
than (45)forty-five days delinquent in obtaining an alarm permit
shall be charged and shall pay a fee as set by ordinance.
(c)Exemption.An alarm system user which is a political subdivision
of the federal or state government, including City and County and
school districts, shall not be subject to the provisions of this
ordinance.
(d)Application.The permit shall be requested on an application form
or through web access as may be provided by the City. An alarm
user has the duty to obtain an application from the City.
(e)Transfer of possession.When the possession of the premises at
which an alarm system is maintained is transferred, the person
(user) obtaining possession of the property shall file an application
for an alarm permit within 30 days of obtaining possession of the
property. Alarm permits are not transferable.
(f) Reporting updated information.Whenever the information
provided on the alarm permit application changes, the alarm user
shall provide correct information to the Citywithin 30 days of the
change. In addition, upon renewal each year after the issuance of
the permit, permit holders will receive from the Citya form
requesting updated information. The permit holder shall complete
and return this form to the Citywhen any of the requested
information has changed;failure to comply will constitute a
violation and may result in a civil penalty.Thefollowing
information is required:
1. Accurateand complete contact information for alarm
systemusers(s)anddesignated contact person(s),
including names, addresses, and phone numbers.
2. Thephysical address and location within the building
where the alarm system is installed and maintained.
3. The type and brand name of the alarm system installed
and/or used.
4. The business name,address and phone number of the
installer of the alarm system.
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5. The name, address,and phone numberof the alarm
company monitoring the system.
6. A declaration that the alarm system does not utilize an
automatic dialing device.
(g) Multiple alarm systems.If an alarm user has one or more alarm
systems protecting two or more separate structures having
different addresses and/or tenants,a separate permit shall be
required for each structureand/or tenant.
SECTION 3: DUTIES OF THE ALARM USER
(a)Maintain the premises and the alarm system in a method that will
reduce or eliminate false alarms;and
(b)Provide the alarm company the permit number.
(c) Must respond or cause a representative to respond to the alarm
system’s location within thirty (30) minutes when notified by the
Maplewood Police Department to deactivate a malfunctioning
alarm system.
(d)Not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to
report or to perform routine maintenance as prescribed by alarm
system provider.
(e)An alarm user must obtain a new permit and pay any associated
fees if there is a change in address or ownership of a business or
residence.
(f) The alarm registration permit shall be conspicuously displayed
upon the premises where the alarms system is located and readily
visible from theexterior thereof.
SECTION 4: DUTIES OF THE ALARM COMPANY
(a)Any person engagedin the alarm business in the city/county, shall
complywiththe following:
1)Obtain and maintaintherequired TechnologySystem
Contractors License, issued by the State of Minnesota.
2) Be able to provide the most current contact information
for the alarm user.
(b)Prior to activation of the alarm system, the alarm company must
provide instructions explaining the proper operation of the alarm
system to the alarm user.
(c)An alarm company performing monitoring services shall:
1) Attempt to verify, by calling the alarm site and/or alarm
user by telephone, to determine whether an alarm signal is
valid before requesting dispatch. Telephone verification
shall require, as a minimum that a second call be made to
a different number, if the first attempt fails to reach an
alarm user who can properly identify themselves to attempt
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to determine whether an alarm signal is valid, EXCEPT in
the case of a panic or robbery-in-progress alarm,or in
cases where a crime-in-progress has been verified by
video and/or audible means.
2)Provide alarm user permit numberto the
communications center to facilitate dispatch and/or
cancellations.
3)Communicate any available information about the
alarm.
4)Communicate a cancellation to the Maplewood Police
Department through the communications center as soon
as possible following a determination that response is
unnecessary.
SECTION5: PROHIBITED ACTS
(a) It shall be unlawful to activate an alarm system for the purpose of
summoning law enforcement when no burglary, robbery, or other
crime dangerous to life or property is being committed or
attempted on the premises, or otherwise to cause a false alarm.
(b) It shall be unlawful to install, maintain, or use an audible alarm
system which can sound continually for more than 20minutes.
(c) It shall be unlawful to install, maintain, or use an automatic dial
protection device that reports, or causes to be reported, any
recorded message to the Maplewood Police Department.
(d) It shallbe unlawful for an alarm system user to operatean alarm
system withouta current alarm permit issued for the alarm system
under this section. When the Police Departmentrespondsto an
alarm or signal froman alarm system at a locationfor whichthere
is no currentpermitissued, the Police Department may issue a
citation to the alarm system user for violation of this section.
Alarms system users more than 60 days delinquent in renewing
their alarm system permit shall be considered to be using an
alarm system without an alarm system permit in violation of this
section. Any person or responsible party who violates any
provision of this ordinance is subject to the penaltyas provided
under Sec. 1-15of the City Code.
SECTION 6: ENFORCEMENT OF PROVISIONS
(a) Excessive false alarms/Failure to registerfees.It is hereby
found and determined that three or more false alarms within a
permit year is excessive, constitutes a public nuisance, and shall
be unlawful. Penaltyfees for false alarms within a permit year
may be assessed against an alarm user as providedand
published in City established feeschedule.Alarm system users
who have been found to be operating an alarm system without a
permit for more than 45days but less than 90days shall be
assessed latepenaltyfee as provided and published in City
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established fee schedule.Alarms system users found to be
operating an alarms system for more than 90 days shall be
assessed a failure to register fee as published in City established
fee schedule.
(b) Payment of PenaltyFees.Penalty fees shall be paid within 30
days from the date of the invoice.
(c)Certification of Fee. Any fees not paid within 30 days after a
notice of delinquency is sent to the alarm system user may be
certifiedto the county auditor in the county in which the alarm
system user owns real property as provided by Minnesota
Statutes 366.012, or any amendments thereto, and the fees shall
then be collected together with property taxes levied against the
property ownedby the alarm system user.
(d)Violation as Penal Offense. Any person or responsible party fails
to obtain and/or renew a permit within 180 days may besubject to
the penalty as provided under Sec. 1-15 of the Code of
Ordinances.
SECTION 8: APPEALS
(a)Appeals process.Assessments of penaltyfees andrelated false
alarm determinations madeunder this ordinance may be appealed
by filing a written notice of appeal with the MaplewoodPolice
Department within 10 days after the date of notification of the
assessment of fees. The Police Chief is authorized to determine a
waiver of the penalty fee when upon review and consideration it is
reasonably determined that the false alarm penalty resulted from:
1.An electrical storm, tornado, or other act of Godwhen
there is evidence of damage to or disruption of alarm
system operations.
2.Intermittent disruption of telephone service and/or circuits
beyond the control of the alarm system owner.
3. Caused by electrical power disruption or failure in excess
of two hours beyond the control of the alarm system
owner.
4.The failure to give notice of appeal within this time period
shall constitute a waiver of the right to contest the
assessment of penalty fees. Appeals shall be heard
through an administrative process established by the City.
The hearing officer's decision is subject to review in the
district court by proceedings in the nature of certiorari.
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(b) Appeal standard.The hearing officer shall review an appeal from
the assessment of penaltyfeesor other enforcement decisions
using a preponderance of the evidence standard. Notwithstanding
a determination that the preponderance of the evidence supports
the assessment of penaltyfees,the hearing officer shall have the
discretion to dismiss or reduce penaltyfee.
SECTION 9: CONFIDENTIALITY
In the interest of public safety,all information contained in and gathered
through the alarm registration applications, no response records,
applications for appeals and any other alarm records shall be held in
confidence by all employees and/or representatives of the City.
SECTION 10:GOVERNMENT IMMUNITY
Alarm registration is not intended to, nor will it, create a contract, duty or
obligation, either expressed or implied, of response. Any and all liability
and consequential damage resulting from the failure to respond to a
notification is hereby disclaimed and governmental immunity as provided
by law is retained. By applying for an alarm registration, the alarm user
acknowledges that the Maplewood Police Department response may be
influenced by factors such as: the availability of police units, priority of
calls, weather conditions, traffic conditions, emergency conditions,
staffing levels and prior response history.
SECTION 11: SEVERABILITY
The provisions of this ordinance are severable. If a court determines that
a word, phrase, clause, sentence, paragraph, subsection, section, or
other provision is invalid or that the application of any part of the provision
to any person or circumstance is invalid, the remaining provisions and the
application of those provisions to other persons or circumstances are not
affected by that decision.
The City Council adopted this ordinance on August 25, 2014.
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