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HomeMy WebLinkAbout13492i. ORDINANCE NO. 13,492 AN ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS THEREOF; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Police Alarm Systems. Purpose. The purpose of this ordinance is to encourage the use of police alarm systems and to establish standards for, and controls of the various signals from alarm systems that require police response. SECTION 2. Definitions. For the purpose of this ordinance, certain words and phrases shall be construed as set forth in this section, unless it is appa- rent from the context that a different meaning is intended. 1. Alarm Agent - means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, leasing, maintaining, ser- vicing, repairing, monitoring, altering, replacing, moving or installing on or in any building, structure or facility, any alarm system. EXEMPTION: The provisions of this section do not include a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm is to be installed, nor designs the scheme for physical location and installation of the alarm in a specific location. 2. Alarm Business - means the business by any individual, partnership, corporation or other entity of: selling, leasing, maintaining, monitoring, 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. 3. Alarm System - means any mechanical, electrical, or electro- nic device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure, or facility or both, and which emits a sound or transmits a signal or message when actuated. Alarm systems include, but are not limited to direct dial telephone devices, audible alarms and proprie- tor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect tele- phone company systems which might be damaged or disrupted by the use of an alarm system. 4. Central Alarm Station - means any facility operated by a private firm that owns or leases alarm systems and which facility is manned by operators who receive record, or vali- date burglar or holdup alarm signals and relay information about such validated signals to the police when appropriate. 5. Licensing Authority - means the City Manager of Little Rock. 6. Police Chief - means the Police Chief of the Little Rock Police Department, Little Rock, Arkansas, or his represen- tative. 7. City Manager - means the City Manager of Little Rock or his representative. 8. Non -Valid Alarm - means any alarm which was not the result of a burglary, attempted burglary or other emergency. SECTION 3. Standards, Requirements and Duties. A. Audible Alarm Requirements. Every person maintaining an audible alarm shall furnish to the Police Chief the name and tele- phone number of the primary person responsible for the alarm system and at least one alternate name and telephone number of a person who can inactivate the alarm system or systems. The lessee or owner of an audible alarm system will be responsible for deactivating the alarm system within a reasonable time following notification by the Police Department. B. Alarm System Permit. No person shall possess or use an alarm system without first applying for and receiving an alarm permit in accordance with the provisions of this ordinance. C. Display of Alarm System Permit. A valid alarm system permit shall be displayed in a prominent place and shall be kept on the pre- mises where the alarm system is located. D. Alarm Agents: Permits in Possession. Every alarm agent shall carry on his person at all times while so engaged, a valid alarm agent permit and shall display such permit to any police officer upon request. E. Alarm System Description. Alarm agent and /or alarm busi- ness must provide the owner or lessee a written description of the function, design, and operation of the alarm system installed on the premises. Alarm agent and /or alarm business shall also furnish a procedure for activating and deactivating the alarm system installed on the premises. SECTION 4. Alarm Business and Alarm Agent Permits. A. Application for Permits. All alarm businesses and alarm agents who desire to conduct business in the City of Little Rock, shall apply to the Licensing Authority for a business permit on a form to be supplied by the Licensing Authority. Such business permit shall be issued for a one year period on a calendar year basis or part thereof, and no license shall extend beyond December 31 of each year. Notwithstanding this provision, a person having a business license may conduct business through January 31 of the year following the expiration of his business permit. B. Application Form. Applications for permits shall be filed with the Licensing Authority and shall be accompanied by the permit fee. The Licensing Authority shall prescribe the form to be used by the applicant and request such information as is necessary to eva- luate and act upon the permit application. The form shall require alarm business applicants to list major owners and /or investors of their organizations. -2- C. Permit Fees. Permit fees shall be as follows: Alarm Agent Permit .......... $25.00 per year (due at the begin- ning of each calendar year) Alarm Business Permit ....... $125.00 per year (due at the begin- ning of each calendar year) EXEMPTION: The one hundred and twenty - five ($125.00) dollars per year paid by an alarm business shall be in lieu of the present con- tractor's license fee which alarm businesses are now paying the City Collector. D. Investigation. Every applicant for an alarm business or alarm agent permit shall be fingerprinted. The Police Chief shall conduct an appropriate investigation of the applicants to determine whether said permit should be issued. No permit shall be issued except upon the approval of the Licensing Authority. A permit shall be denied if: a) The applicant, his employee or agent knowingly made any false, misleading or fraudulent statements of a material fact in the application for a permit, or in any report or record required to be filed with any City agency; or b) The applicant had a similar type permit previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. C) The applicant has within the past ten (10) years been convicted of any felony or any misdemeanor involving intent to defraud. E. Renewal of Application. All alarm businesses and alarm agents must submit a renewal of application to the Licensing Authority prior to October 15, before the expiration of their permit. The alarm business and alarm agent permit must be renewed each year. F. Suspension or Revocation. A permit issued under this ordi- nance may be suspended or revoked by the Licensing Authority for the violation of any of the provisions of this ordinance or any regulation or regulations promulgated by the Licensing Authority pursuant to this ordinance. Any permit or identification card issued hereunder shall be surrendered immediately to the Licensing Authority upon such sus- pension or revocation. No part of the permit fee shall be refunded when a permit is suspended or revoked. G. Appeal. Any applicant whose application for a permit has been denied, suspended or revoked may appeal such suspension in writing to the City Manager within thirty (30) days after the date of the notice of suspension or revocation AND may appear before the City Manager at a time and place to be determined by the City Manager, in support of his or its contention that the permit should not have been suspended or revoked. The decision of the City Manager is final in all cases. SECTION 5. Property Owner or Property Lessee Permits. A. Application for Permits. Any property owner or lessee of property in the City of Little Rock having on his or its premises an alarm system shall apply to the Licensing Authority on a form to be supplied by the Licensing Authority for a permit to have such a device on his or its premises. Application for permits for alarm systems -3- existing in premises on the effective date of this ordinance must be made to the Licensing Authority within 90 days of the effective date of this ordinance. No such alarm system may be installed on the premises of the owner or lessee after the effective date of this ordinance prior to the Licensing Authority having issued a permit to such owner or lessee. No presently existing alarm system shall be modified after the effective date of this ordinance prior to the Licensing Authority having issued a permit to such owner or lessee. B. Permit Fee. The permit fee for an alarm system shall be Ten Dollars ($10.00) per year. C. Suspension or Revocation. A permit issued under this ordi- nance may be suspended or revoked by the Licensing Authority for an excess of four (4) non -valid alarms to which the police department responds within a calendar year as reflected by police reports. No part of the permit fee shall be refunded when a permit is suspended or revoked. D. Appeal. Any owner or _lessee whose permit has been denied, suspended, or revoked may appeal such suspension in writing to the City Manager within thirty (30) days after the date of the notice of suspension or revocation and may appear before the City Manager at a time and place to be determined by the City Manager in support of his or its contention that the permit should not have been suspended or revoked. The City Manager may make recommendation for changes in alarm systems and /or procedures as grounds for renewal of applica- tion. In all cases, the decision of the City Manager is final. EXEMPTION: The provisions of this section may exclude any non -valid alarm caused by an Act of God, power failure and /or telephone line interruption where evidence exists that these were the causes of the non -valid alarm. SECTION 6. Special Provisions. Exceptions, Severability, Confidentiality and Alarm Systems. A. None of the provisions of this ordinance shall apply to the following: 1. An alarm system installed in a motor vehicle. 2. Employees of a public utility company engaged in the business of providing communication, services or facilities. 3. Licenses agents involved in periodic maintenance and testing of permitted alarm systems with prior clearance from the monitoring agency. B. If any part or parts of this ordinance are for any reason held invalid, such decision shall not affect the validity of the remaining portions of this ordinance. C. The information furnished and secured pursuant to this ordinance shall be confidential and not subject to public inspection. SECTION 7. Violation; Penalty. A. It shall be unlawful for any alarm agent or alarm business to sell, lease or install equipment upon the premises until the owner or lessee has obtained a permit for the same. It shall be unlawful for any person to intentionally activate any alarm system for any reason other than to warn of an actual burglary, hold -up, robbery or as provided for in subsection A of Section 6. -4- e B. Any person violating provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred ($500.00) dollars. SECTION 8. Enforcement of this ordinance shall be the res- ponsibility of the Licensing Authority of the City of Little Rock, Arkansas. SECTION 9. This ordinance shall be in full force and effect from and after its passage. PASSED: August 15, 1978 ATTEST: APPROVED: City Clerk Mayor -5-