HomeMy WebLinkAbout13264ORDINANCE NO 13,264
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 apparent
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 in-
clude any of the following: selling, maintaining, leasing,
servicing, repairing, monitoring, altering, replacing,
moving or installing on or in any building, structure or
facility, any alarm system.
EXEMPTION: The provision of this section does 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 system is to be installed, nor
designs the scheme for physical location and installation
of the alarm system in a specific location.
2. Alarm Business - means the business by any individual, a
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, re-
paired, altered, replaced, moved or installed any alarm
system in or on any building, structure or facility.
3. Alarm System - means any mechanical, electrical or
electronic 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 com-
mission 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 proprietor 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 defini-
tion, nor are auxiliary devices installed by the telephone
company to protect telephone company systems which might
be damaged or disrupted by the use of an alarm system.
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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
validate burglary or hold -up alarm signals and relay
information about such validated signals to the police
when appropriate.
5. False Alarm - means any signal which is the result of
human carelessness or error to which the police respond,
which is not the result of a hold -up, robbery, other
crime, emergency, malfunction or Act of God.
6. Hold -Up Alarm - means any alarm system designed to be
actuated by a criminal act or other emergency at a
specific location or by a victim of a hold -up, robbery
or other emergency or criminal act at a specific location.
7. Intrusion - means any entry into any area or building
equipped with one or more alarm systems by any person or
object whose entry actuates an alarm system.
8. Licensing Authority - means the City Manager of Little Rock.
9. Malfunction - means that the alarm system which activated
was not due to a fault or negligence on the part of the owner
of the alarm system or systems.
10. Act of God - means an act occasioned exclusively by violence
of nature without the interference of any human agency.
(Examples: lightning, thunder, tornadoes, or violent winds.)
11. Police Chief - means the Police Chief of the Little Rock
Police Department, Little Rock, Arkansas, or his represen-
tative.
12. City Manager - means the City Manager of Little Rock or
his representative.
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
telephone number of the primary person responsible for the alarm
system and an alternate name and telephone number of a person
who can inactivate the alarm system or systems. The lessee or
owner of any audible alarm system will be responsible for deacti-
vating 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 kept on the premises where the alarm system is
located.
D. Alarm Agents: Permits in Possession. Every alarm agent
shall carry on his person at all times whi a 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
business must provide the owner or lessee a written description
of the function•design,and operation of the alarm system installed
on the premises.
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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
of the application and request such information as is necessary
to evaluate and act upon the permit application. Form shall
require alarm business applicants to list major owners and /or
investors of their organization.
C. Permit Fees. Permit fees shall be as follows:
Alarm Agent Permit ............ $25.00 per year (due at the beginning
of each calendar year)
Alarm Business Permit ......... $125.00 per year (due at the beginning
of each calendar year)
EXEMPTION: The one hundred and twenty -five ($125.00) dollars per
year paid by an alarm business will take the place of the present
contractor'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 has knowingly
made any false, misleading or fraudulent statement
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 re-
voked 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. Suspension or Revocation. A permit issued under this
ordinance 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 identifica-
tion card issued hereunder shall be surrendered immediately to
the Licensing Authority upon such suspension or revocation. No
part of the permit fee shall be refunded when a permit is sus-
pended or revoked.
F. Appeal. Any applicant whose application for a permit
has been denied, suspended, or revoked may appeal such suspension
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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..
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 per-
mit to have such a device on his or its premises. Application
for permits for alarm systems existing in premises on the effec-
tive 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 Licens-
ing Authority having issued a permit to such owner or lessee.
B. Perm-i.t Fees. There shall be no fee for an alarm system
permit.
C. False Alarm and /or Malfunction. Any owner or lessee
having an alarm system on his or its premises shall after 4
grace warnings per alarm system be required to pay a service
fee for each police response due to a malfunction or false
alarm. The current service fee shall be $12.50 per such re-
sponse.
Four or more police responses to an alarm system in
any given ninety (90) day calendar period may result in a re-
quest by the Licensing Authority for a meeting or written
statement signed by the owner or lessee of an alarm system, and
the central alarm company involved or alarm agent involved, de-
scribing the cause of malfunction or false alarm and procedure
for corrective action.
EXEMPTION: The provisions of this section may exclude any alarm
malfunction caused by an Act of God.
SECTION 6. Special Provisions. Exceptions, Severability, Confi-
dentiality and Alarm System.
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) licensed
agents involved in periodic maintenance and testing of permitted
alarm systems with prior clearance from monitoring agency.
B. If any part or parts of this ordinance are for any reason
held to be 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 inspec-
tion.
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 same.
It shall be unlawful for any person to intentionally activ-
ate any alarm system for any reason other than to warn of an actual
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burglary, hold -up, robbery, or as provided for in Subsection
A of Section 6.
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) dollars.
i SECTION 8. Enforcement of this ordinance shall be the respon-
sibility of the Licensing Authority of the City of Little Rock,
Arkansas.
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SECTION 9. This ordinance shall be in full force and effect
from and after its passage.
PASSED: April 5, 1977
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ATTEST: a-nz 4-6/J APPROVED:
City Clerk Mayor