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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 1 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 2 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. 3 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 4 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 5 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. 6 (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. 7