HomeMy WebLinkAboutOrdinance 609 - Alarms
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 609 ALARMS ............................................................................................ 609-1
Section 609.01: PURPOSE ......................................................................................... 609-1
Section 609.02: SCOPE .............................................................................................. 609-1
Section 609.03: DEFINITIONS .................................................................................. 609-1
Section 609.04: PERMIT REQUIRED; APPLICATION; FEE; TRANSFERABILITY;
FALSE STATEMENTS ...................................................................... 609-3
Section 609.05: ALARM SYSTEMS IN APARTMENT COMPLEXES CONTRACTED
FOR BY INDIVIDUAL TENANT ...................................................... 609-4
Section 609.06: ALARM SYSTEMS IN APARTMENT COMPLEXES FURNISHED BY
THE APARTMENT COMPLEX AS AN AMENITY ......................... 609-4
Section 609.07: PERMIT DURATION AND RENEWAL.......................................... 609-5
Section 609.08: PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE ......
.................................................................................................................................... 609-5
Section 609.09: MONITORING PROCEDURES ....................................................... 609-5
Section 609.10: DUTIES OF ALARM BUSINESS .................................................... 609-6
Section 609.11: ALARM SYSTEM OPERATING INSTRUCTIONS ........................ 609-6
Section 609.12: ALARM DISPATCH REQUEST RECORDS ................................... 609-7
Section 609.13: SYSTEM PERFORMANCE REVIEWS ........................................... 609-8
Section 609.14: ADMINISTRATIVE PENALTIES ................................................... 609-8
Section 609.15: APPEAL FROM PENALTIES .......................................................... 609-9
Section 609.16: REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT ... 609-9
Section 609.17: APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT .............................................................................................609-10
Section 609.18: REINSTATEMENT OF PERMIT ....................................................609-10
Section 609.19: VIOLATIONS .................................................................................609-10
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CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 609 ALARMS
Section 609.01: PURPOSE. The purpose of this ordinance is to encourage Alarm Users
and Alarm Businesses to maintain operational reliability and properly use Alarm Systems and to
reduce or eliminate False Alarm Dispatch Requests.
Section 609.02: SCOPE. This ordinance governs systems intended to summon police,
fire and emergency medical response, requires permits, establishes fees, provides for penalties,
for violations, establishes a system of administration, and sets conditions for suspension or loss
of permits.
Section 609.03: DEFINITIONS.
Subd. 1: Alarm Administrator. A Person or Persons designated by the governing
authority to administer, control and review alarm applications, permits and Alarm Dispatch
Requests.
Subd. 2: Alarm Business. The business, by an individual, partnership, corporation or
other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving,
installing or Monitoring an Alarm System in an Alarm Site.
Subd. 3: Alarm Dispatch Request. A notification to the police or fire dispatch by the
Alarm Business that an alarm, either manual or automatic has been activated at a particular
Alarm Site.
Subd. 4: Alarm Review Board. The City Council for police alarms and the fire Board
for fire alarms.
Subd. 5: Alarm Site. A single premises or location served by an Alarm System. Each
tenancy, if served by a separate Alarm System in a multi-tenant building or complex shall be
considered a separate Alarm Site.
Subd. 6: Alarm System. A device or series of devices, including, but not limited to,
systems interconnected with radio frequency signals, which are designed to discourage crime, by
emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm
condition or reporting a fire. Alarm System does not include:
a) An alarm installed on a vehicle unless the vehicle is permanently located at a site;
or
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b) An alarm designed to alert only the inhabitants of a premises that does not
have a sounding device which can be heard on the exterior of the Alarm Site.
Subd. 7: Alarm User. Any Person, firm, partnership, corporation or other entity who
(which) uses an Alarm System at its Alarm Site.
Subd. 8: Chief. The Chief of Police or the Fire Chief, whichever is appropriate, or an
authorized representative of either.
Subd. 9: Conversion. The transaction or process by which one Alarm Business begins
Monitoring of an Alarm System previously monitored by another Alarm Business.
Subd. 10: Duress Alarm. A silent Alarm Signal generated by the manual activation of a
device intended to signal a crisis situation requiring police response.
Subd. 11: False Alarm Dispatch. An Alarm Dispatch Request to the dispatch center,
when the responding officer finds no evidence of a criminal offense or attempted criminal
offense after having completed a timely investigation of the Alarm Site or no fire has been
detected. An Alarm Dispatch Request that is canceled by the Alarm Business or the Alarm User
prior to the time the responding personnel reaches the Alarm Site shall not be considered a False
Alarm Dispatch.
Subd. 12: Holdup Alarm. A silent Alarm Signal generated by the manual activation of a
device intended to signal a robbery in progress.
Subd. 13: Keypad. A device that allows control of an Alarm System by the manual
entering of a coded sequence of numbers or letters.
Subd. 14: Monitoring. The process by which an Alarm Business receives signals from
Alarm Systems and relays an Alarm Dispatch Request to the city for the purpose of summoning
police or fire response to the Alarm Site.
Subd. 15: One Plus Duress Alarm. The manual activation of a silent alarm signal by
entering at a Keypad a code that adds one to the last digit of the normal arm/disarm code
(Normal code = 1234 One Plus Duress Code = 1235).
Subd. 16: Person. An individual, corporation, partnership, association, organization or
similar entity.
Subd. 17: Takeover. The transaction or process by which an Alarm User takes over
control of an existing Alarm System that was previously controlled by another Alarm User.
Subd. 18: Verify. An attempt, by the Alarm Business, or its representative, to contact
the Alarm Site by telephonic or other electronic means, whether or not actual contact with a
Person is made, before requesting a police dispatch, in an attempt to avoid an unnecessary Alarm
Dispatch Request.
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Section 609.04: PERMIT REQUIRED; APPLICATION; FEE; TRANSFERABILITY;
FALSE STATEMENTS.
Subd. 1: No Alarm User shall operate, or cause to be operated, an Alarm System at its
Alarm Site without a valid alarm permit issued by the Alarm Administrator after January 1,
2001. A separate permit is required for each Alarm Site. A special classification shall be required
for an Alarm System equipped for Duress Alarm.
Subd. 2: There will be no fee for an alarm permit.
Subd. 3: Upon receipt of a completed application form, the Alarm Administrator shall
issue an alarm permit to an applicant unless the applicant has:
a) Failed to pay an administrative penalty assessed under Section 609.14 or,
b) Had an alarm permit for the Alarm Site suspended or revoked, and the violation
causing the suspension or revocation has not been corrected.
Subd. 4: Each permit application must include the following information:
a) The name, address, and telephone numbers of the Person who will be the permit
holder and be responsible for the proper maintenance and operation of the Alarm
System and payment of fees assessed under this article;
b) The classification of the Alarm Site as either residential, commercial or
apartment;
c) For each Alarm System located at the Alarm Site, the purpose of the Alarm
System, i.e., burglary, holdup, duress, fire, or other;
d) Signed certification from the Alarm User and the Alarm. Business stating:
1. The date of installation, Conversion or Takeover of the Alarm System,
whichever is applicable;
2. The name, address, and phone number of the Alarm Business performing
the Alarm System installation, Conversion or Alarm System Takeover and
responsible for providing repair service to the Alarm. System;
3. The name, address, and phone number of the Alarm Business Monitoring
the Alarm System if different from the installing Alarm Business;
4. That a set of written operating instructions for the Alarm System,
including written guidelines on how to avoid false alarms, have been left
with the applicant; and
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5. That the Alarm Business has trained the applicant in proper use of the
Alarm System, including instructions on how to avoid false alarms.
e) Classification of the Alarm Site as being equipped or non-equipped for Duress
Alarm.
Subd. 5: Any false statement of a material matter made by an applicant for the purpose
of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
Subd. 6: An alarm permit cannot be transferred to another Person. An Alarm User shall
inform the Alarm Administrator of any change that alters any information listed on the permit
application within five business days.
Subd. 7: All fees owed by an applicant must be paid before a permit may be issued or
renewed.
Subd. 8: All employees or representatives of the city shall hold information contained in
permit applications in confidence with access to such information.
Section 609.05: ALARM SYSTEMS IN APARTMENT COMPLEXES CONTRACTED
FOR BY INDIVIDUAL TENANT.
Subd. 1: If an Alarm System installed by an individual tenant in an apartment complex
unit is Monitored, the tenant must provide the name of a representative of the apartment owner
or property manager who can grant access to the apartment to the Alarm Business which is
providing the Monitoring service.
Subd. 2: A tenant of an apartment complex shall also obtain an alarm permit from the
Alarm Administrator before operating or causing the operation of an Alarm System in the
tenant's residential unit. The annual fee for this permit or the renewal of this permit shall be the
same as the fee for a residential Alarm Site.
Subd. 3: For purposes of enforcing this article against an individual residential unit, the
tenant is responsible for False Alarm Dispatches emitted from the Alarm System in the tenant's
residential unit.
Section 609.06: ALARM SYSTEMS IN APARTMENT COMPLEXES FURNISHED
BY THE APARTMENT COMPLEX AS AN AMENITY.
Subd. 1: If the owner or property manager of an apartment complex provides Alarm
Systems in each residential unit as an amenity, then the owner or property manager of the
apartment complex shall obtain a master alarm permit from the Alarm Administrator.
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Subd. 2: For purposes of assessing penalties and enforcing this article, the master alarm
permit holder is responsible for payment of penalties for False Alarm Dispatches emitted from
the Alarm Systems in residential units.
Subd. 3: The owner or property manager of an apartment complex shall obtain a separate
alarm permit for any Alarm System operated in a nonresidential area of the apartment complex,
including, but not limited to, common tenant areas and office, storage and equipment areas. An
annual fee for such a permit shall be the same as the fee for a residential Alarm Site.
Section 609.07: PERMIT DURATION AND RENEWAL.
A permit shall expire one year from the date of issuance, and must be renewed annually
by submitting an updated application and a permit renewal fee to the Alarm Administrator. The
Alarm Administrator shall notify each Alarm User of the need to renew thirty (30) days prior to
the expiration of their permit. It is the responsibility of the Alarm User to submit an application
prior to the permit expiration date. Failure to renew will be classified as use of a non-permitted
Alarm System and citations and penalties shall be assessed without waiver.
Section 609.08: PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE.
Subd. 1: An Alarm User shall:
a) Maintain the premises and the Alarm System in a manner that will minimize or
eliminate False Alarm Dispatches, and make every reasonable effort to respond or
cause a representative to respond to the Alarm System's location within one hour
when notified by the city to deactivate a malfunctioning Alarm System, to provide
access to the premises, or to provide security for the premises, and
b) Not manually activate an alarm for any reason other than an occurrence of an
event that the Alarm System was intended to report.
Subd. 2: An Alarm User shall adjust the mechanism or cause the mechanism to be
adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer
than ten (10) minutes after being activated (or fifteen (15) minutes for systems operating under
Underwriters Laboratories, Inc. standards 365 or 609).
Subd. 3: An Alarm User shall have a properly licensed Alarm Business inspect his
Alarm System after (2) False Alarm Dispatches in a one year period. After (3) False Alarm
Dispatches the Alarm User must have a properly licensed Alarm Business modify the Alarm
System to be more false alarm resistant or provide additional user training as appropriate.
Section 609.09: MONITORING PROCEDURES.
Subd. 1: An Alarm Business performing Monitoring services shall:
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a) Not request dispatch for police or fire response during the first week after
installation of an Alarm System, but rather use that week to train the Alarm User
on proper use of the Alarm System unless extenuating circumstances necessitate
immediate requests for response as determined by the Administrator.
b) Report alarm signals by using telephone numbers designated by the Alarm
Administrator;
c) Attempt to verify every alarm signal, except a duress or hold up alarm activation
before requesting a police response to an alarm signal;
d) Communicate Alarm Dispatch Requests to the city in a manner and form
determined by the Alarm Administrator;
e) Communicate verified cancellations of Alarm Dispatch Requests to the city in a
manner and form determined by the Alarm Administrator;
f) Ensure that all Alarm Users of Alarm Systems equipped with Duress Alarm are
given adequate training as to the proper use of the Duress Alarm.
Subd. 2: The Alarm Administrator shall:
a) Designate a manner, form and telephone numbers for the communication of
Alarm Dispatch Requests;
b) Develop a procedure to accept verified cancellation of Alarm Dispatch Requests.
Section 609.10: DUTIES OF ALARM BUSINESS.
Subd. 1: After passage of this ordinance, Alarm Businesses shall not program Alarm
Systems so that they are capable of sending One Plus Duress Alarms. Alarm Businesses may
continue to report One Plus Duress Alarms received from Alarm Systems programmed with this
feature prior to the passage of this ordinance. However, after passage of this ordinance, when
performing a Takeover or Conversion an Alarm Business must remove the One Plus Duress
Alarm capability from the Alarm System being taken over or converted.
Subd. 2: After passage of this ordinance, Alarm Businesses shall not install a device for
activating a hold-up alarm which is a single action non recessed button.
Section 609.11: ALARM SYSTEM OPERATING INSTRUCTIONS. An Alarm User
shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System.
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Section 609.12: ALARM DISPATCH REQUEST RECORDS.
Subd. 1: The personnel responding to an Alarm Dispatch Request shall record such in
information as necessary to permit the Alarm Administrator to maintain records, including, but
not limited, to the following information:
a) Identification of the permit number for the Alarm Site;
b) Identification of the Alarm Site;
c) Arrival time at the Alarm Site and dispatch received time;
d) Date and time;
e) Weather conditions;
f) Area and/or sub-area of premise involved;
g) Game of Alarm User's representative on premises, if any;
h) Identification of the responsible Alarm Business, and/or;
i) Unable to locate the address.
Subd.2: The responding personnel shall indicate on the dispatch record whether the
dispatch was caused by a criminal offense, an attempted criminal offense, fire, medical problem,
or was a False Alarm Dispatch.
Subd. 3: In the case of an assumed False Alarm Dispatch, the responding personnel shall
leave notice at the Alarm Site that the agency has responded to a False Alarm Dispatch. The
notice shall include the following information:
a) The date and time of response to the False Alarm Dispatch;
b) The identification number of the responding personnel, and,
c) A statement urging the Alarm User to ensure that the Alarm System is properly
operated, inspected, and serviced in order to avoid fines.
Subd. 4: Alarm Businesses that perform Monitoring services must maintain for a period
of at least one year following request for dispatch to an Alarm Site, records relating to the
dispatch. Records must include the name, address and phone number of the Alarm User, the
Alarm System zone(s) or point(s) activated, the time of request for dispatch and evidence that an
attempt to Verify was made to the Alarm Site prior to the request for dispatch. The Alarm
Administrator may request copies of such records for individually named Alarm Users.
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Section 609.13: SYSTEM PERFORMANCE REVIEWS. If there is reason to believe
that an Alarm System is not being used or maintained in a manner that ensures proper operation
and suppresses false alarms, the Alarm Administrator may require a conference with an Alarm
User and the Alarm Business responsible for the repair of the Alarm System to review the
circumstances of each false alarm.
Section 609.14: ADMINISTRATIVE PENALTIES.
Subd. 1: An Alarm User or the master permit holder for an apartment complex shall be
subject to administrative penalties, warnings and suspension or revocation of permit depending
on the number of False Alarm Dispatches emitted from an Alarm System within a 12-month
period based upon the following schedule:
Number of False Action Taken Penalty
Alarm Dispatches
1 On Site Written Notice & Warning Letter #1 0
2 On Site Written Notice & Warning Letter #2 0
3 On Site Written Notice & Administrative costs $300
Third Fire Response
Third Police Response $50
4 On Site Written Notice & Administrative Costs $400
Fourth Fire Response
Fourth Police Response $100
5 On Site Written Notice. Administrative
Costs & Suspension of Permit $500
Fifth Fire Response
Fifth Police Response $200
6 On Site Written Notice, Administrative
Costs & Revocation of permit $600
Fifth Fire Response
Fifth Police Response $300
Subd. 2: In addition, any Person, operating an Alarm System without a permit (whether
revoked, suspended or never acquired) will be subject to a citation and assessment of a level 6
penalty for each False Alarm Dispatch, in addition to any other fines. The Alarm Administrator
may waive this additional penalty for a non-permitted system if the Alarm User applies for a
permit within ten days after such violation.
Subd. 3: Alarm Dispatch Requests, caused by actual criminal offense, with evidence of a
criminal attempt, or evidence of a need for fire response, shall tot be counted as a False Alarm
Dispatch.
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Subd. 4: The Alarm Administrator may reinstate a suspended permit upon receipt of
acceptable evidence that the cause has been addressed and appropriate corrective action has been
taken as outlined in Section 609.16.
Section 609.15: APPEAL FROM PENALTIES.
Subd. 1: An Alarm User may appeal assessment of an administrative penalty to the
Alarm Review Board by filing a written request for hearing setting forth the reasons for the
appeal within ten (10) days after receipt of the fine. The filing of a request for an appeal
hearing with the Alarm Review Board stays the assessment of the fee until the Alarm Review
Board makes a final decision.
Subd. 2: The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested Person(s). The Board shall make its decision on the basis of the
preponderance of evidence presented at the hearing including, but not limited to, evidence that a
False Alarm Dispatch was caused by a defective part that has been repaired or replaced or that an
Alarm Dispatch Request was caused by a criminal offense or fire. The Board must render a
decision within thirty (30) days after the request for an appeal hearing is filed. The Board shall
affirm, reverse or modify the assessment of the fee. The decision of the Board is final as to
administrative remedies with the City.
Section 609.16: REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT.
Subd. 1: In addition to suspension or revocation pursuant to Section 69.14, the Alarm
Administrator may suspend or revoke an alarm permit if it is determined that:
a) There is a false statement of a material matter, in the application for a permit;
b) The permit holder has failed to make timely payment of an administrative penalty
assessed under Section.
Subd. 2: A Person commits an offense if he operates an Alarm System during the period
in which his alarm permit is suspended or revoked.
Subd. 3: Where an Alarm Dispatch Request is received from an Alarm Site for which the
alarm permit is revoked due to repeated False Alarm Dispatches, the Chief of Police may
consider the possibility that the request is another false alarm when prioritizing police response
to that Alarm Site. The Fire Chief may also consider that possibility when prioritizing response
to that Alarm Site.
Subd. 4: If the alarm permit is reinstated pursuant to Section 69.16, the Alarm
Administrator may revoke the alarm permit if it is determined that 2 subsequent False Alarm
Dispatches occur within sixty (60) days after the reinstatement date.
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Section 609.17: APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT.
Subd. 1: If the Alarm Administrator denies the issuance or renewal of a permit, or
suspends or revokes a permit, he or she shall send written notice of his action and a statement of
the right to an appeal, by certified mail, return receipt requested, to both the applicant or Alarm
User and the Alarm Business.
The applicant or Alarm User may appeal the decision of the Alarm Administrator to the
appropriate Chief by filing a written request for a review setting forth the reason twenty days
after receipt of the notice from the Alarm Administrator. An Alarm Business may submit the
request for review on behalf of an Alarm User.
Filing of a request for appeal shall stay the action by the Alarm Administrator suspending
or revoking a permit until the Chief has completed his/her review. If a request for appeal is not
made within the twenty-day (20) period. The action of the Chief is final.
Subd. 2: Alarm Users shall be entitled to a hearing before the Alarm Review Board, if
requested within twenty (20) days of receipt of notice of a sustained denial or revocation of
permit by the Chief. An Alarm, Business may submit a request for hearing on behalf of an Alarm
User.
Subd. 3: The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested Person(s). The Board shall make its decision on the basis of a
preponderance of the evidence presented at the hearing including, but not limited to, certification
that Alarm Users have been retrained, that a defective part has been repaired or replaced, or that
the cause of the false alarm has been otherwise determined and corrected. The Board must render
a written decision within thirty (30) days after the request for an appeal hearing is filed. The
Board shall affirm, reverse, or modify the action of the Chief. The decision of the Board is final
as to administrative remedies with the City.
Section 609.18: REINSTATEMENT OF PERMIT. A Person whose alarm permit has
been revoked may be issued a new permit if the Person:
a) Submits an updated application and pays the appropriate permit fee, and;
b) Pays, or otherwise resolves, all citations and fees, and;
c) Submits a certification from an Alarm Business, that complies with the
requirements of this article, stating that the Alarm System has been inspected and
repaired (if necessary) by the Alarm Business.
Section 609.19: VIOLATIONS. Violation of Sections 609.04, 609.05 and 609.06 of this
Ordinance shall be deemed a misdemeanor. Violation of any other provision of this Ordinance
shall be deemed a petty misdemeanor.
Added this ordinance 3/1/01
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