19331I
2
ORDINANCE NO. 19,331
3 AN ORDINANCE TO REPEAL LITTLE ROCK, ARK., REV. CODE CHAPTER
4 3, ARTICLE II, SEC. 3 -11 THROUGH 3 -23; TO REPLACE IT WITH A NEW
5 FALSE ALARM ORDINANCE TO STRIVE TO IMPROVE PUBLIC SAFETY
6 BY FURTHER REDUCING EMERGENCY RESPONSES TO FALSE ALARMS;
7 TO ENCOURAGE ALARM USERS AND ALARM COMPANIES TO
8 PROPERLY USE AND MAINTAIN THE OPERATIONAL EFFECTIVENESS
9 OF ALARM SYSTEMS IN ORDER TO IMPROVE THE RELIABILITY OF
10 ALARM SYSTEMS AND REDUCE OR ELIMINATE FALSE ALARMS; AND
11 FOR OTHER PURPOSES.
12
13 WHEREAS, the Little Rock Board of Directors passed Ordinance No. 17,904 on
14 December 22, 1998 to reduce false alarms, and Ordinance No. 18,069 on July 20, 1999, to
15 further reduce false alarms and
16 WHEREAS, it has been determined that often these unnecessary alarms are the
17 result of the property owners or alarm company's failure to provide proper
18 maintenance and upkeep of the alarm systems; and
19 WHEREAS, the City's 911 answering system receives over 206,000 calls per year,
20 of which 28,500 are from alarms, and
21 WHEREAS, of these 28,500 calls from alarm systems, over 90% are false alarms;
22 and
23 WHEREAS, sending an emergency response to a false alarm decreases the
24 availability of the emergency services personnel to respond to true emergencies thereby
25 decreasing public safety; and
26 WHEREAS, this Ordinance contains provisions which strive to reduce false
27 alarms, contains a registration system with controls to facilitate the reduction of false
Ordinance [PAGE 1 OF 20]
To Amend False Alarm Ordinance
I alarms, outlines Alarm Installation Company and Monitoring Company
2 responsibilities, and requires the disciplined use of alarm systems by alarm users.
3 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
4 THE CITY OF LITTLE ROCK, ARKANSAS:
5 Little Rock, Ark., Rev. Code Chapter 3, Article II, Sections 11 -23 are hereby
6 repealed and the following Sections substituted therefore:
7 Section 1. Title. This Ordinance may be known and cited as the "False Alarm
8 Reduction Ordinance."
9 Section 2. Purpose. The purpose of this Ordinance is to require Alarm Users,
10 Installers and Monitors to properly use and maintain the operational effectiveness of
11 Alarm Systems in order to improve the reliability of Alarm Systems and reduce or
12 eliminate False Alarms. This Ordinance governs Alarm Systems intended to summon
13 emergency services and requires registration, provides for penalties for violations,
14 establishes a system of administration, and sets conditions for the cancellation of
15 emergency services.
16 Section 3. Definitions.
17 In this Ordinance the following terms and phrases shall have the following
18 meanings:
19 A. 9 -1 -1 Center means the municipal agency responsible for receiving an
20 Alarm Dispatch Request from either an individual or an Alarm
21 Monitoring Company, and relaying that request to the appropriate
22 Emergency Services Agency.
23 B. Alarm Administrator means a Person or Persons designated by the
24 Treasury Management Division of the Finance Department of the City of
25 Little Rock to administer, control and review False Alarm reduction
26 efforts and administer the provisions of this Ordinance.
Ordinance [PAGE 2 OF 20]
To Amend False Alarm Ordinance
1
2
3
4
5
6
7
8
9
10
C. Alarm Dispatch Request means a notification to an emergency services
agency that an alarm, either manual or automatic, has been activated at a
particular Alarm Site.
D. Alarm Installation Company means a Person who sells, provides,
maintains, services, repairs, alters, replaces, moves, and /or installs an
Alarm System at an Alarm Site.
E. Alarm User Permit means a permit issued by the City to the Alarm User
11 F.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
to operate an Alarm System, obtained after the Alarm User makes written
application to either the Alarm Installation Company, Alarm Monitoring
Company or, the Alarm Administrator, in the case of a Local Alarm.
Alarm Site means a single fixed premise or location served by an Alarm
System or Systems. Each unit, if served by a separate Arming Station in a
multi -unit building or complex, shall be considered a separate Alarm Site.
G. Alarm System means a device or series of devices, including, but not
limited to, hardwired systems and systems interconnected with a radio
frequency method such as cellular or private radio signals, which emit or
transmit a remote or local audible, visual or electronic signal indicating an
alarm condition and intended to summon emergency services response,
including Local Alarm Systems. Alarm System does not include an alarm
installed in a vehicle or on someone's Person.
H. Alarm User Awareness Class means a class conducted for the purpose of
educating Alarm Users about the responsible use, operation, and
maintenance of Alarm Systems and the problems created by False Alarms.
I. Alarm User means any Person, who (which) operates an Alarm System.
J. Arming Station means a device that allows control of an Alarm System.
K. Automatic Voice Dialer means any electrical, electronic, mechanical, or
other device capable of being programmed to send a prerecorded voice
Ordinance
To Amend False Alarm Ordinance
[PAGE 3 OF 20]
I message, when activated, over a telephone line, radio or other
2 communication system, to an emergency services agency or the City 9 -1 -1
3 Center requesting dispatch.
4 L. Cancellation means the process where a dispatch is terminated when an
5 Alarm Installation Company or Alarm Monitoring Company for the
6 Alarm Site notifies the responding emergency service agency before their
7 arrival that there is not an existing situation at the Alarm Site requiring
8 response after an Alarm Dispatch Request.
9 M. Conversion means the transaction or process by which one Alarm
10 Installation Company or Monitoring Company begins the servicing
11 Monitoring, or both, of a previously unmonitored Alarm System or an
12 Alarm System previously serviced or monitored, or both, by another
13 Alarm Company.
14 N. Dispatch means the process in which the 9 -1 -1 Communication Center
15 instructs the appropriate emergency services agency to respond to an
16 alarm.
17 O. Duress Alarm means a silent Alarm System signal generated by the entry
18 of a designated code into an Arming Station in order to signal that the
19 Alarm User is being forced to turn off the system and requires an
20 emergency service.
21 P. Emergency Services means the public service and emergency service
22 agencies operating in the city, including all municipal police, fire,
23 ambulance, emergency management and other such emergency service
24 agencies as may be needed.
25 Q. False Alarm means an Alarm Dispatch Request to an emergency service
26 agency to summon a law enforcement agency, fire dispatch or medical
27 emergency, or any combination thereof, to a non - emergency situation.
Ordinance [PAGE 4 OF 20]
To Amend False Alarm Ordinance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
R.
S.
T.
U.
V.
W.
F.1m
Y.
For False Alarm enforcement purposes, any dispatch request cancelled
prior to the arrival of an emergency service agency on an Alarm Site will
still be counted as a False Alarm. However, if the Monitoring Company
calls in time to prevent the arrival of the officer on the scene the alarm
owner will receive a discount on the fee of the false alarm.
Grace Period means a specified length of time from the date of
installation, or system Conversion /Takeover during which no occurrence,
fine or penalty is assessed for False Alarms.
Holdup Alarm means a silent alarm signal generated by the manual
activation of a device intended to signal a robbery in progress.
Local Alarm System means any Alarm System, which is not monitored,
that annunciates an alarm only at the Alarm Site.
Monitoring Company means a Person in the business of providing
Monitoring services.
Monitoring means the process by which a Monitoring Company receives
signals from an Alarm System and relays an Alarm Dispatch Request to
the City 9 -1 -1 Center for the purpose of summoning the appropriate
emergency services agency to the Alarm Site.
One Plus Duress Alarm utilizes the manual activation of a silent alarm
signal by entering at an Arming Station a code that adds one to the last
digit of the normal arm /disarm code (e.g., normal code = 1234, One Plus
Duress Code =1235)
Panic Alarm means an audible Alarm System signal generated by the
manual activation of a device intended to signal a life threatening or
emergency situation requiring an emergency service response.
Person means an individual, corporation, partnership, association,
organization or similar entity.
Ordinance
To Amend False Alarm Ordinance
[PAGE 5 OF 20]
I Z. Response means the dispatch of emergency services personnel to the
2 premises where an alarm system has been activated, indicating an
3 emergency service at those premises.
4 AA. Responsible Individual means an individual who is able and has agreed
5 to:
6 1. receive notification of an Alarm System activation at any time;
7 2. respond to the Alarm Site within 30 minutes at any time; and
8 3. grant access to the Alarm Site and deactivate the Alarm System
9 upon request.
10 BB. Takeover means the transaction or process by which an Alarm User takes
11 over control of an existing Alarm System, which was previously
12 controlled by another Alarm User.
13 CC. Verify means an attempt by the Monitoring Company, or its representative,
14 to contact the Alarm Site by telephonic or other electronic means, whether
15 or not actual contact with a Person is made, to determine whether an
16 alarm signal is valid before requesting a police dispatch, in an attempt to
17 avoid an unnecessary Alarm Dispatch Request. For purposes of this
18 ordinance, "verify" requires, that if the initial call to the alarm site is
19 unanswered, the Monitoring Company must attempt to reach a
20 responsible party at a different number than the one listed as the Alarm
21 Site telephone number. This process is known as "ECV ", or "Enhanced
22 Call Verification ". This verification process does not apply to fire and
23 medical emergency alarm signals, which are dispatched immediately.
24 DD. Zones means division of devices into which an Alarm System is divided
25 to indicate the general location from which an Alarm System signal is
26 transmitted.
Ordinance [PAGE 6 OF 20]
To Amend False Alarm Ordinance
I Section. 4. Registration Required; Application; Transferability; False Statements.
2 A. No Alarm User shall operate, or cause to be operated, an Alarm System at
3 its Alarm Site without a valid Alarm Permit. A separate Alarm Permit is
4 required for each Alarm Site.
5 B. The Alarm Permit application must be submitted by the Alarm User to the
6 Alarm Installation or Alarm Monitoring Company at the time of an Alarm
7 System installation or Alarm System Takeover. All Local Alarm System
8 applications must be submitted to the Alarm Administrator at the time of
9 the Alarm System installation or Alarm System Takeover. The Alarm
10 Permit shall be effective until the registered Alarm User no longer
11 occupies the Alarm Site.
12 C. Upon receipt of a completed Alarm Permit application form, either the
13 Alarm Installation Company or the Alarm Monitoring Company must
14 register the applicant with the Alarm Administrator. Failure of an Alarm
15 User to pay a previous civil penalty shall not prohibit them from being
16 registered.
17 D. Each Alarm Permit application must include the following information:
18 1. the name, complete current address, (including apartment or suite
19 number), and telephone numbers of the Person who will be the
20 Permit holder and be responsible for the proper maintenance and
21 operation of the Alarm System;
22 2. the classification of the Alarm Site (e.g. single - family residential,
23 apartment, commercial, warehouse, government office, etc.);
24 3. mailing address, if different from the address of the Alarm Site;
25 4. the date of installation, Conversion or Takeover of the Alarm
26 System, whichever is applicable;
Ordinance [PAGE 7 OF 20]
To Amend False Alarm Ordinance
1 5. the name, address, and telephone number of the Alarm Installation
2 Company or companies performing the Alarm System installation,
3 Conversion or Takeover and of the Alarm Installation Company
4 responsible for providing repair service to the Alarm System;
5 6. the name, address, and telephone number of the Monitoring
6 Company, (if applicable), if different from the Alarm Installation
7 Company, and
8 7. signed certification from the Alarm User stating that:
9 a. a set of written operating instructions for the Alarm System,
10 including written guidelines on how to avoid False Alarms,
11 have been left with the applicant by the Alarm Installation
12 Company;
13 b. the Alarm Installation Company has trained the applicant in
14 proper use of the Alarm System, including instructions on
15 how to avoid False Alarms; and
16 C. the Alarm User is aware of the fact that an emergency
17 service response may be influenced by factors including, but
18 not limited to, the availability of emergency service units,
19 priority of calls, weather conditions, traffic conditions,
20 emergency conditions and staffing levels.
21 E. Any false statement of a material fact made by an applicant for the
22 purpose of obtaining an Alarm Permit shall be sufficient cause for
23 imposition of a civil penalty prior to the issuance of a Permit by the
24 Alarm Administrator.
25 F. An Alarm Permit cannot be transferred to another Person or Alarm Site.
26 An Alarm User shall inform the Alarm Installation or Alarm Monitoring
27 Company, in the case of a monitored alarm system, or Alarm
Ordinance [PAGE 8 OF 20]
To Amend False Alarm Ordinance
I Administrator, in the case of a non - monitored alarm system, of any
2 change that alters any of the information listed on the Alarm Permit
3 application within five (5) business days of such change.
4 Section 5. Duties of the Alarm User.
5 A. An Alarm User shall:
6 1. maintain the Alarm Site and the Alarm System in a manner
7 that will minimize or eliminate False Alarms;
8 2. make every reasonable effort to have a Responsible
9 Individual available at the Alarm Site within 30 minutes
10 after an Alarm Dispatch Request; and
11 3. not activate an Alarm System for any reason other than an
12 occurrence of an event that the Alarm System was intended
13 to report.
14 B. An Alarm User shall have a Licensed Alarm Installation Company inspect
15 the Alarm System after three (3) False Alarms within a revolving three -
16 month period. The Alarm Administrator may waive a required inspection
17 if he /she determines that a False Alarm(s) could not have been related to a
18 defect or malfunction in the Alarm System.
19 C. An Alarm User shall not use Automatic Voice Dialers.
20 D. An Alarm User shall maintain at each Alarm Site an Alarm Permit and a
21 set of written operating instructions for each Alarm System.
22 E. Alarm Users may agree with their Alarm Installation Company or
23 Monitoring Company to go through a "grace period" for the first seven (7)
24 days after installation of an Alarm System during which time neither the
25 Alarm Installation Company nor the Monitoring Company will have any
26 obligation to respond to any Alarm Signal from the Alarm Site. If the
27 Alarm Signal is the result of an actual alarm event, the Alarm Installation
Ordinance [PAGE 9 OF 201
To Amend False Alarm Ordinance
I Company or the Monitoring Company shall send an Alarm Dispatch
2 Request to an emergency service agency.
3 Section 6. Duties of Alarm Installation Company.
4 A. An Alarm Installation Company shall:
5 1. administer the required Alarm Permit to each Alarm User.
6 2. provide written and oral instructions to each of its Alarm Users in
7 the proper use and operation of their Alarm Systems. Such
8 instructions will specifically include all instructions necessary to
9 turn the Alarm System on and off and to avoid False Alarms;
10 3. review with the Alarm User the Customer False Alarm Prevention
11 Checklist or an equivalent checklist approved by the Alarm
12 Administrator;
13 4. adjust the mechanism or cause the mechanism to be adjusted so
14 that a burglary alarm signal audible on the exterior of an Alarm Site
15 will not sound for more than fifteen (15) minutes after being
16 activated; and
17 5. not program or cause to be programmed Automatic Voice Dialers
18 to directly dial an emergency services agency, but can be used to
19 call their own personnel.
20 6. ensure that all Alarm Users of previously installed Alarm Systems
21 equipped with a Duress, Holdup or Panic Alarm are given
22 adequate training as to the proper use of the Duress, Holdup or
23 Panic Alarm;
24 B. An Alarm Installation Company that purchases Alarm System accounts
25 from another Person shall notify the Alarm Administrator of such
26 purchase and provide details as may be reasonably requested by the
27 Alarm Administrator.
Ordinance [PAGE 10 OF 201
To Amend False Alarm Ordinance
I
Section 7.
Duties of Alarm Monitoring Company.
2
A. A Monitoring Company shall:
3
1.
verify alarm signal before requesting an emergency service
4
response to an Alarm System signal, with the exception of duress,
5
panic, hold -up, fire or medical emergency alarm situations;
6
2.
communicate Alarm Dispatch Requests to 911 Center after
7
verifying the alarm signal;
8
3.
not utilize Automatic Voice Dialer technology to request an Alarm
9
Dispatch to an emergency services agency or 911 Center but may
10
use them to call their own personnel.
11
4.
record the incident number of the alarm call upon communicating
12
the alarm to the 911 Center;
13
5.
communicate Cancellations to the 911 Center in a manner and form
14
as outlined in Section 11;
15
6.
communicate any available information (north, south, front, back,
16
floor, etc.) about the location on all alarm signals related to the
17
Alarm Dispatch Request;
18
7.
communicate type of alarm activation (silent or audible, interior or
19
perimeter);
20
8.
provide an Alarm User Permit number when requesting emergency
21
service dispatch;
22
9.
promptly advise the emergency service agency if the Monitoring
23
Company knows that the Alarm User or the Responder is on the
24
way to the Alarm Site after an Alarm Dispatch Request;
25
10.
attempt to contact the Alarm User or Responsible Individual within
26
24 hours via mail, fax, telephone or other electronic means when an
27
Alarm Dispatch Request is made; and
Ordinance [PAGE 11 OF 20]
To Amend False Alarm Ordinance
1 11. maintain for a period of at least one (1) year from the date of the
2 Alarm Dispatch Request, records relating to Alarm Dispatch
3 Requests, upon the effective date of this ordinance. Records must
4 include the name, address and telephone number of the Alarm
5 User, the Alarm System Zone(s) activated, the time of Alarm
6 Dispatch Request and evidence of an attempt to Verify. The Alarm
7 Administrator may request copies of such records for individually
8 named Alarm Users. If the request is made within sixty (60) days
9 of an Alarm Dispatch Request, the Monitoring Company shall
10 furnish requested records within three (3) business days of
11 receiving the request. If the records are requested between sixty
12 (60) days to one (1) year after an Alarm Dispatch Request, the
13 Monitoring Company shall furnish the requested records within
14 thirty (30) days of receiving the request.
15 B. An Alarm Monitoring Company that purchases Alarm System accounts from
16 another Person shall notify the Alarm Administrator of such purchase and
17 provide details as may be reasonably requested by the Alarm Administrator.
18 Section 8. License or Licensing.
19 A. Alarm Installation Companies and Monitoring Companies shall maintain
20 a License with the State of Arkansas, as required by Arkansas State Code.
21 A copy of the License shall be submitted to the Alarm Administrator to be
22 kept on file.
23 Section 9. Duties and Authority of the Alarm Administrator.
24 A. The Alarm Administrator shall establish a procedure for the notification to
25 the Alarm User of a False Alarm. Such notice shall include:
26 1. the date and time of emergency service response to the False
27 Alarm;
Ordinance [PAGE 12 OF 20]
To Amend False Alarm Ordinance
1 2. the response incident number; and
2 3. a statement urging the Alarm User to ensure that the Alarm System
3 is properly operated, inspected, and serviced in order to avoid
4 False Alarms and resulting civil penalties.
5 B. The Alarm Administrator or emergency service agency may create and
6 implement an Alarm User Awareness Class. The Alarm Administrator
7 may request the assistance of False Alarm Associations, alarm companies
8 and emergency service agencies in developing and implementing the
9 class. The class shall inform Alarm Users of the problems created by False
10 Alarms and teach Alarm Users how to avoid generating False Alarms.
11 C. The Alarm Administrator shall post the Ordinance on the City's website.
12
13 Section 10. Civil Penalties.
14 A. An Alarm User shall be subject to civil penalties, depending on the
15 number of False Alarms within a calendar year based upon the following
16 schedule:
17 1. False Alarm Civil Penalties
18 # of False Alarms Civil Penalty
19 1 None
20 2 None
21 3 None
22 4 $25.00
23 5 $50.00
24 6 or more Varies depending on the responding agency:
25 $200 for Police response
26 $300 for Fire response at a single family- residence
Ordinance [PAGE 13 OF 201
To Amend False Alarm Ordinance
1 $500 for response to fire at a multi- family,
2 commercial, hospital, school, or industrial complex
3 $450 for an emergency response by the Little Rock
4 ambulance authority
5 B. In some instances, more than one type of emergency services may respond
6 to the same call, and the civil penalty may increase accordingly.
7 C. In addition, any Person operating a non - permitted Alarm System will be
8 subject to a civil penalty of $250.00 for each False Alarm in addition to any
9 other fines. In addition, the Alarm Installation and /or Alarm Monitoring
10 Company will each be subject to a civil penalty of $250.00 for each False
11 Alarm in addition to any other civil penalties. The Alarm Administrator
12 may waive this additional civil penalty for a non - permitted system if the
13 Alarm User submits an application for Alarm Registration within ten (10)
14 days after of notification of such violation.
15 D. The Alarm Installation Company shall be assessed a civil penalty of
16 $250.00 if the emergency service personnel responding to the False Alarm
17 determines that an on -site employee of the Alarm Installation Company
18 directly caused the False Alarm. In this situation, the False Alarm will not
19 be counted against the Alarm User.
20 E. The Alarm Monitoring Company shall be assessed a civil penalty of
21 $250.00 for each failure to Verify Alarm System signals as specified in
22 Section 7 -A -2.
23 F. The Alarm Installation Company shall be assessed a civil penalty of
24 $1,000.00 if the Alarm Administrator determines that an Alarm
25 Installation Company employee knowingly made a false statement
26 concerning the inspection of an Alarm Site or the performance of an
27 Alarm System.
Ordinance [PAGE 14 OF 20]
To Amend False Alarm Ordinance
I G. Notice of the right of Appeal under this ordinance will be included with
2 any civil penalty.
3 Section 11. Alarm Cancellations.
4 A. The Alarm System Monitoring Company shall communicate verified
5 cancellations of alarm dispatch requests to the emergency service agencies
6 in a manner and form prescribed by this section.
7 B. In order for the 9 -1 -1 Center to verify the identity of the Alarm System
8 Monitoring Company and to confirm that the correct specific Alarm
9 Dispatch Request is to be cancelled, Alarm System Monitoring Companies
10 are to use the Incident Number given to them by the 9 -1 -1 Center when
11 the alarm call was first made.
12 C. For alarm systems that utilize an Alarm Monitoring Company, a request
13 for a Cancellation of an Alarm Response will only be accepted by the
14 Alarm Monitoring Company and only after the incident number of the
15 alarm is reported to the 9 -1 -1 Center.
16 D. A cancellation that is completed before an emergency services agency is
17 dispatched shall not be considered to be a false alarm, specifically for
18 purposes outlined in Section 10. If a cancellation by the Monitoring
19 Company occurs after dispatch but prior to arrival the fee is discounted by
20 the following schedule:
21
22 # of False Alarms Cancel after Dispatch but prior to Arrival Civil Penalty
23 1 $0 $0
24 2 $0 $0
25 3 $0 $0
26 4 $10 $25
27 5 $20 $50
Ordinance [PAGE 15 OF 20]
To Amend False Alarm Ordinance
1 6 $50 $200
2 7 $75 $200
3 8 $100 $200
4 9 $125 $200
5 10 $150 $200
6 11 & After $175 $200
7
8 Section 12. Appeals.
9 A. If the Alarm Administrator assesses a civil penalty, the Alarm
10 Administrator shall send written notice of the action and a statement of
11 the right to an appeal to the Alarm User, Alarm Installation Company
12 and /or Monitoring Company.
13 B. The Alarm User, Alarm Installation Company, or Monitoring Company,
14 or all of them, may appeal an assessment of a civil penalty to the Alarm
15 Administrator by setting forth in writing the reasons for the appeal within
16 fifteen (15) business days after receipt of the civil penalty or notice of
17 revocation.
18 C. The Alarm User may appeal the decision of the Alarm Administrator to
19 the False Alarm Appeals Panel as follows:
20 1. The Alarm User may file a written request for a review by paying
21 an appeal fee of $25.00 and setting forth the reasons for the appeal
22 within fifteen (15) business days after the date of notification of the
23 decision from the Alarm Administrator. Appeal fees will be
24 returned to the appealing Alarm User if the appeal is upheld.
25 2. The False Alarm Appeals Panel shall consist of (3) three members
26 of representatives from city agencies such as Fire, Police, MEMS, 9-
27 1 -1 and Finance.
Ordinance [PAGE 16 OF 20]
To Amend False Alarm Ordinance
1 3. The False Alarm Appeals Panel shall conduct a hearing within
2 thirty (30) days of the receipt of the request and consider the
3 evidence by any interested Person(s). The False Alarm Appeals
4 Panel shall make its decision on the basis of the preponderance of
5 evidence presented at the hearing. The False Alarm Appeals Panel
6 must render a decision within ten (10) days after the date of the
7 hearing. The False Alarm Appeal Panel shall affirm or reverse the
8 decision of the Alarm Administrator.
9 D. Filing of a request for appeal shall stay the action by the Alarm
10 Administrator requiring payment of a civil penalty, until the False Alarm
11 Appeals Panel has completed its review. If a request for appeal is not
12 made within the fifteen (15) business day period, the action of the Alarm
13 Administrator is final.
14 E. The Alarm Administrator or the False Alarm Appeals Panel may adjust
15 the count of False Alarms based on evidence that:
16 1. Evidence that a False Alarm was caused by action of the telephone
17 company, Alarm Installation Company and /or Monitoring
18 Company;
19 2. Evidence that a False Alarm was caused by a power outage lasting
20 longer than four (4) hours;
21 3. Evidence that the Alarm Dispatch Request was not a False Alarm.
22 F. The Installation Company or the Monitoring Company may appeal the
23 decision of the Alarm Administrator to the False Alarm Appeals Panel as
24 follows:
25 1. The Installation Company or the Monitoring Company may file a
26 written request by paying an appeal fee of $25.00 and setting forth
27 the reasons for the appeal within fifteen (15) business days after the
Ordinance [PAGE 17 OF 201
To Amend False Alarm Ordinance
I date of notification of the decision from the Alarm Administrator.
2 Appeal fees will be returned to the appealing Alarm User if the
3 appeal is upheld.
4 2. The False Alarm Appeals Panel shall conduct a hearing within
5 thirty (30) days of the receipt of the request and consider the
6 evidence by any interested Person(s). The False Alarm Appeals
7 Panel shall make its decision on the basis of the preponderance of
8 evidence presented at the hearing. The False Alarm Appeals Panel
9 must render a decision within ten (10) days after the date of the
10 hearing. The False Alarm Appeal Panel shall affirm or reverse the
11 decision of the Alarm Administrator.
12 3. Filing of a request for appeal shall stay the action by the Alarm
13 Administrator requiring payment of a civil penalty, until the False
14 Alarm Appeals Panel has completed its review. If a request for
15 appeal is not made within the fifteen (15) business day period, the
16 action of the Alarm Administrator is final.
17 G. With respect to civil penalties of an Alarm Installation Company or
18 Monitoring Company, the Alarm Administrator may take into
19 consideration whether the Alarm Company had engaged in a consistent
20 pattern of violations. The Alarm Administrator or the False Alarm
21 Appeals Panel may adjust the civil penalty based upon:
22 1. a written statement from an independent inspector designated by
23 the Alarm Administrator that the Alarm System has been inspected
24 and is in good working order;
25 2. confirmation that the Alarm System requires two independent
26 zones to trigger before transmitting an alarm signal to the
27 Monitoring Company;
Ordinance [PAGE 18 OF 20]
To Amend False Alarm Ordinance
1 3. confirmation that the Alarm System requires two independent
2 detectors to trigger before transmitting an alarm signal to the
3 Monitoring Company;
4 4. confirmation of the alarm verification process will not make an
5 Alarm Dispatch Request unless the need for law enforcement is
6 confirmed by telephone, a listen -in device, camera device or other
7 device agreed upon by the False Alarm Appeals Panel; and
8 5. certification that the Monitoring Company will not make an Alarm
9 Dispatch Request unless the need for law enforcement is confirmed
10 by a Person at the Alarm Site.
11 Section 13. Enforcement and Penalties.
12 A. Enforcement of this Ordinance may be by civil action as provided under
13 municipal law.
14 Section 14. Report of Freedom of Information Act Requests.
15 Upon receipt of a Freedom of Information Act request for false alarm or
16 alarm user database information, the Alarm Administrator will notify the
17 City Manager's office of the request. The City Manager will notify the
18 Mayor and Board of Directors of the request in a timely manner.
19 Section 15. Review of Ordinance after one year, in December, 2006.
20 The City Manager will place an item on the agenda Board of Director's
21 first regular meeting held in December, 2006 to review the false alarm
22 ordinance.
23 Section 16. Severability. In the event that any title, section, paragraph, item,
24 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
25 or unconstitutional, such declaration or adjudication shall not affect the remaining
26 portions of the ordinance which shall remain in full force and effect as if the portion so
Ordinance [PAGE 19 OF 20]
To Amend False Alarm Ordinance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
declared or adjudged invalid or unconstitutional was not originally a part of the
ordinance.
Section 17. Repealer. All ordinances, resolutions, bylaws, and other matters
inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
Section 18. Effective Date. In order to allow sufficient time to establish the
permit system and issue permits, this ordinance shall take effect January 1, 2006.
PASSED: June 7, 2005
ATTEST:
- / low� W�;6
N cy Wo d, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci Attorney
//
//
//
//
//
//
//
//
//
Ordinance
To Amend False Alarm Ordinance
APPROVED:
Jim. , iley, Mayor
[PAGE 20 of 20]