HomeMy WebLinkAbout3270 Repealing AMC Chapter 4.32 Alarm Systems ORDINANCE NO. 3270
AN ORDINANCE REPEALING AMC CHAPTER 4.32 ALARM SYSTEMS
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bald lined through, and additions are bold underlined.
WHEREAS,Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS,
WHEREAS,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following Chapter 4.32 Alarm Systems is repealed:
4:32.010 Definitions
ARS usqed-in this ordinance,unless the context otheMige Fequir-es;
A. Agent means a natural per-son, other than a bur-glar-alaFm salesperson,wh
designated by the pWnelpal to he responsible&r-the pr-einises pr-oteeted by an alaFffi Sys
ff does not!Delude a
per-son_who renelves any salary,fen bonus or other velwable norcidereti n for radon in
the il..tieo of an agent unless such- person is a bo-na t3.le employee of the..ARelpal haViRg
B. Alarm system a de-4ee a ..t..m of later-eonneet i ed deyees .li hardware
means . f el .
:-and- Felated appuFtenanees, designed to give waming of aeth4ties indleati3Ve of felony o
Q Amnumelator-means that part of an AaFm system, other-than an auteffintle dialer,
whieh eenimunleates the faet that the system has been tiftered.
D.
'•
udlb-le'"'"""nioter means ew wives alarm by means of o bell,
skenf
buzzer o-F sina-i-lar sound pFoduelng de-4ee mounted at some loeation other a-h-Ann
f f when f
(90) feet or-more outside of any building in whieh it is mounted.
E. Automatic- dmader means al d-Mee which is programmed to select a telephone numbe
and delver n b FB1B r message ow signal
sig over standard telephone lines using telephone
"'��
ORDINANCE NO. 3270 Page 1 of 8
F. Chief means the Chief of Police of the CV'ta of Ashland, oa• police officer ■ nd r the
triggered,Police Ghief!s jurisdiction designated by the Poliee Chief to exer-eise an)' POWer- OF du
G. Department means the City of Ashland Police Department.
H. City of.4sh-l-an-d- telephone line means a telephone line which Flags or- ter-monatpq fbin the
of the City of Ashland.
1. False alar-m means any activation of an alam system upon or- following whk4
eommunication is made to the Department that an alarm has been
except alarms
resulting from one of the following causes:
1. Criminal aetivit,
y ei^unauthorized enti!y;
premises;
premises;
`i. Flooding of the protected premises due to eyerflom, of natural drainage;
.. ,
department;6. Fire eausing stmetur-al damage to the protected premises verified by the firve
Telephone line malfunctie rea.i�ied On wFiting to th`e D oa.tment hi+ tin ct first
7. Telephone _��. ...».............� ....aaa�... ... ..aaaaaab mot.aaa aua�uc uJ ... -srw�a-w first.
line telephone
-' p - - - arithi., seven (7) .lays of the
8. Eleetr4eal setwiee interruption verified in writing to the Department by the 1
powerpower company manager within seven (7) days of the occurrence.
�a l.aa
If thp
7
investigate, when communicated to the Department before an officer is dispatched to
is elearly identified to the Department as resulting &om outhor4zed en4.37,-
authorized
test, or other-noncriminal 7
alarm. it shall not be consideFed a fa
if police units,
operating responding to an alam and checking the protected premi
according to standard Department procedure,
do not discover-any evidence
Of HflaUthffiZed entr-
y or-er-iminal . 7
there shall be a Febuttable pFesumption that
the alar-m is false. Entries in the Poliee DepaFtment GGDaily Bulletin"
shall be prima
fi-w-.e evidence of the fonts stated therein iwith regard to alarms and responses.
1• On premises annunciator means an annunciator which is designed t give c nrni 1
... ._... t.a��aaa.;�„ »tea=»�:.a».tea ...�»u„ ».. »......aa�a».... .......a. ... ..�...b..�.. w 5a.� ..a.auau�-vuaT
two-Yw'S9n6F pEFsons A$the-PFOteccca`l premises, and whieeh is neith•er-an "audible"or
GG 77
annuneintor-as those terms are defined in this section.
K. Principal means the 7
system. firm or corporation whose premises are protected by an
alarm
the term LG 77
system, means the building •
L. Proteeted pFemises mean all of that ineluding 7 buildings,
pFoteeted by
a single alarm system and under common owner-ship and use.
M. Remote annunciator means an annundatff located at a terminal on the premises of ana
7 or- other- location not a part of the pr-oteeted premises.
N. Sensor-means that paFt Of aH alar-m system whieh is designed to deteet the h
of some event or existence of some condition indicative of
or-
e'�T L
0. Visuai annuneiator-means an annunciator-installed entir-ety on the protected premises
and which inaudible warming 1. mean f flashing ligh4 the..visible 1
gives a•ua~S J uiaaus vi-a- -n�ae-vi-veseri=ivnv�e�r�-mrr
P. Fiscal year means Tnly 1 through june 30 (Ord 25337 7 amended, 1989; Ord 2401 § 15
amended, 1986)
ORDINANCE NO. 3270 Page 2 of 8
4.32.020 Classification elms
premises of the Depai4ment in the Communie-ation-q-Alam systems shall be classified as follows;
R 4 01` ss TI alarm systemis �'a which incorporates an automatic dialer-programmed t
J
y of Ashland telephone line.
C-. A Class M alarm system is one whieh ineor-perates a r-emote annuneiator-installed at a
place other than the premises of the
. and which does not ineoirpor-ate an automatic
dialer.
D—A_('lass TAT alarmsystem =,is Ofle hi..h iHCOFPOFates an t t• dialer- t
II
programmed to select a C" of Ashland telephone line.
E. A Class N'alarm system is one in whieh the only annunciator is an audible annunciator
located at the Y protected premises and hich does net incorporate a automatic .._.enforcement agency to protect their dial 7 =w
premises;F. Exempt alam systems aFe;
1. Alarm systems owned, maintained and monitored by any
. government law
and
2 Affirm systems preteet-ingproperty of the City of Ashland. (Ord.3023�sende ,
08/03i20l8)
4.32.030 ems T Alarm Stems
systemsClass I al-arm
4.32..040 Class i7 -�tel�S
4.32.050 Class lH Alarm Systems
A. Any Tenn reporting to the police on any alarm from a Class H! alarm system gh 1
give the following information.!
1. The alarm system del,and the-principal business name;
2. The type of pt!effi-lses-(waTehousn, r^sidenee, ete.)and the , if any, by h'eh the
premises are known;
3 The address of the protected premises,which hall 1 repeated second time t the
II�
end of the message;
4. The name and telephone number- of some responsible per-son ha-4ng aeeess to the
protected premises; and
The
• • pe of criminal activity indicated, • 1
-R. Im the Class M alarm system ineor-por-ates an audible annunciator-, it shall be subjeet to
the requirements speeitled in Seetion
.
4.32.060-Class Systems
A. Any per-son 1•epnrtinb to the line on any alarm from a Class A7 1airm system shall
give the ;nf rmatie.= g ,.ified in ceet•on 4.32.050.A.
B. No Class W alarm system shall be programmed to select any telephone line the user- of
which hog not previously rtiven consent for such pro •amminrt
C. If the Class A7 alarm system incorporates an audible
f
it shall be subject to
specified in ce,.tie4.32.070.
the iiilu"'
4.32$70 Class Alarm Systems
A. Faeh ClassV alarm system shall be so programmed that each audible annundator-will.
automatically silence within fifteen minutes after being activated, will ill t 1
•
unless a new act a star n tri
ORDINANCE NO. 3270 Page 3 of 8
B. No test of a Class V alarm system shall be conducted between the hours of 8;00 p.m. o
<. day and 7!00 a of the folio—wing da<,
G. The appheation for a Class 41 alarm system permit shall list the name and phoiw
number of at o-m—e responsible person (oth—e-r- th—an— the principal or a member of the
principal'--; hholuissehhoolld) having access to the premises whe may be notified and assist the
poliee in the event the alam is ac-tivated. The principal shall immediately notify the Police
Chief of any changes in this in&r-mation.
D. The Poliee Chief may, by written notice, require the posting of the infor-mation
required by subsection (c) on the protected premises
• • System Requirements,
No alar-m
A. system installed,
'nts of this
used oF maintained in violation of any of4he
or of any applicable statute, law or administrative regulation o
th;Unitpd States .,f America,the State of Oregon or any administrative rule Making body
thereof-.
B. The holder- of an alar-m system permit shall be responsible for-the training and r-e
employees,training of all family members and ether persons who m make regular use of
� 4
the protected premises and who may, in the normal course of their activities, be ;n a
pr-aetlees to avoid aeeidental position to aec-ldentally trigger- a senson Sueh training shall inelude pr-oeedur-es and
and steps to follow in the event the system is
at•n;rlentally triggered
shall,C. The holder of an alarm permit at all times,
maintenanee and r-epaiF of the system, and for-the repair- or- replacement of any be responsible for the pr-ope-r-
method of installment, design feature or- like eondition whieh may give rise to a false .
4.37 60.0 Permits Required
A. it shall be unlawful for any per-son to use oF maintain any alar-m system without a
eur-Feftt valid peFmit therefore.
B. City police m refs„ to respond to a alal.m f.om a ate,,, without a •t
L. L.1,, tJV11LL may 1LIllJLZ �
G No permit shall be required for-an exempt alar-m system as defined in Secti
4.32.020.F, and
the provisions of this chapter shall net apply to such
systems.
P. Vielation of this provision shall be an inf+action. Eaeb day during whieh the violation is
maintained or-continued shall be deemed a separate inf+aetion.
4.32.100 Permit Applic-atio
Each application for- an alar-m system permit shall be made on a form prescribed by the
Finanee Director- and shall eontain the fellowing information.!
7�A. The name,
address and telephone number- of the pFineipal of the pFoteeted premises
B. Tse- pe a€-premises-(home,office, et��'-store, etc.), and any business name by rh; h
the premises is lmown-.
G. The address of the protected ding, ;f it is in a residential, eommer—ciai of
> t house, >
numbers,by which the complex m commonly known.
D. The names, addt!esses and telephone
agents. including home phone number-, of a!
incorporates,E. The number-and type of annuneiator-s and automatie dialer-s whieh the alar-M system
>
and the names and phone numbers o
all persons or- businesses which are or- may be pr-eselected for-automatic dialer contact.
ORDINANCE NO. 3270 Page 4 of 8
shallF. The application be accompanied by the fee 1II e n '1 d l C t'on 4.32.120.
4.32A10 rssaaa of mi4
Upon receipt of the ll'.i„anne lnirentor of the permit application l f the
Police
l• Chl t
shall UH-dertake whatever i„yestigatio„ is deemed „n a sat- if it appeaFS + the Mice
Chief that the c
.IJ !
ly with the f th' h + the Finanee
proposed comply u
DiFeetoF shall be advised and shall issue to the applieant a peFMit beaFiHg an identifying
in
numbei
•! speciMng the elass of alarm system for-which it is ! and setting forth the
expiration date of permit. The C-i���e� �i, �� � f anj' alaFmsystem
nPrmit be obligated to sYA J j .V
„d d •t. t alaFM f SUeh SySteM.
r b
4.3220 Permit Fees
The fees for alarm system permits and renewals shall be as follows:
IVI alarm
0
Class F-V $2 .00
4.32 130 Terrm of Permit and RenewaA. Class III and A7 alarm system permits Shall eXplFe on june 30th of the fifth (5th)
L:i%
„d year- following the year f
n Class NT alarm systems 't h t' date .1 h 11 1 valid t'1
r r 1 II vc�slrlci--a-Ilsrl
permitterminated or-suspended.
C-. An alarm system
✓
loss shall automatically terminate upon any change f
nr „e a
iipl! ..lass f ! tor-pr-oteeted p N permit be t f a t tL
r may
pFincipal, different elass of system oF proteeted premises. No r-efiands will be given on
termination
or suspension
of any
permit for any reason.
D. Renewal peirmits shall be dated july Ist. The renewal permit will not be issued until the
fee is paid andehar-ge of$5.00 Ye
month will be assessed 11 permit holders 1.
do not pay thernnewa prior-fee to the '
y=I u I f their- existing permit. The 1 tI
application shall Co„tai„ the nri„ni„alls sig„oil statement that thorn have b „ no h
anges-
a!, pFotec;ted premises or class of alarm system. A suspended permit may be
Fenewed Only a idea in Ceet; 4.32.170.
4.32.140 inspeetion of Alarm Systems
Prior-to issuing an alarm system permit, anda„ at any time thereafter-during the ter
inspecttheireof-, the Police Chief may J alarm system for-which er-mitis required.
Such-ill.spec_tion_shall be f r the of asaartai„i„A thatinformation furnished 1 the
Y,Iri A b
ystem is maintained in conformance with
the provisions of this chapter.
4.32.1,50 Current information Required
Within ten (10) days following any ehange of eir-eumstances whieh r-endeFS obsolete any o
the;„fe,.mat• submitted pursuant to Ceetio„ 4.32.100,the per-m•tt shall f•1
information. e an
amended application setting for-th the currently accurate
No additional fee
bje requi unlessl•ed nless the change has terminated the permit .7' d in Section
1
4.2T32.1✓0.
4.32.160----False Alarm Fee
A. As a condition of any alarm system permit issued under-the provisions of this !
the per-n+itten shall clay t CityF y� d within thirty (30) days r pay IA FIYL -�9Y�iYtAaFFI� -� 9f-invoice, vl f -fac ro-ssc
ORDINANCE NO. 3270 Page 5 of 8
alarms generated by the per-mittee's alarm system a fee according to the followi
schedule:
First 6-false alar-ms-in a calendar-year $15 p r-
Next 4 false alarms in a calendar year $38-gel' alarm;
All fi-lse a—lar-ms in excess of 400 ilia-calendar-"ear—_$50 per alarm
The Finance Department shall notW the Poliee Chief monthiy of any per-mittee who does
not pay promptly.
B. Any per-son who has been assessed a false alarm fiee may appeal such charge by giving
written notice to the Police Chief within 30 days of invoi g such charge. Upon
Fee-eipt of the appeal notiee, the Poliee Chief shall appoint one or-moFe supem,isoty offleer-s
to investigate the eir-etimstanees of the alar-ms upon whieh the appeal is based. The
investigators shall notify the appellant of a time eer-tain, not less than two (2)weeks no
more than four (4) weeks following the date upon3which the appeal was filed, at or before
such time-ceFtain pellant-shall fil .;�gw •th th Lest• t 1, t f t, 1
II'Ril'TIIC, lS;�� ��T[II�TII'e"I'1};'C.7TIgiiTO �,
determination,information the appellant deems relevant in support of the appeal. If the investig*tor
determines the c-harge to have been made in eirr-or the Police Chief shall order-the invoice
cancelled and aotif.�the appellant and the Finance Director-of such
which
shall be final if the st; ater deter-mines the h t 1 full t f th
b aai e'araarrsc-ro�c-j�ivP•,,cx�a-rv�r-rcpvrc�rcae
presented,findings shall be
investigator-Is together-with any information filed by the appellant, to the
-Pa-lice Chief-. The
y five (45) days of the time the appeal was filed. The Police Chief shall make a fina
determination on the disputed charges and mail notiee thereof to the appellant within sixty
(60) day 1 if the D l• Chief deter-mines that f th
�...,� � »�.�. ..,.. �.....b ... ...., ..1,"cisrz-r-raczviicc-cnrcizrccmmacs-aaarrz�-vdisputed charges are :-ias
valid,
appeal,the permit holdet!shall pay such chaFges within thirty (30) days
adfteff-notice of the final decision of the Poliee Chief is mailed. suse-h ape-ision ;hall ho final
and not subjeet to further-
notwithstanding the f any other- or-dinanee
b appeals.
0 Suspension of Per-mUs
A. The following shall be grounds for suspension, by
the Police Chief, of any permit issued
pursuant to this ehapter---.
1. Amy fal plete statement made on the permit applieation-.
2 Programming of an auto-m-atic di-aler to select any City of Ashland telephone line.
3. Failure to pay a false alarm fen within the time required by Section 4.32.160.
' Maintenanee,
regulation,installation OF use of the alar-m system in violation of any appheable
law, or-dinanee or-
5 Failure to Provide e....rent information as required ;n Cectinns d 32 ncn d 32 060
Failure Provide Cara-carzazoz aazrazoa Aa :ccra-arccr i>zvcccava=s- � ,
4.32.070 and 4.32.150.
6. Testing or- delibe+,ate act.l.zation of a Class V alaFM system other-th-an as auth-or-ized
in Ceetion 4 32 non
B. if the Police Chief determines that there is r-a-se for the suspension of a perng4
notice of suspension sh-a-1111 lbee mianified to the principal, stating that the ivill be
effeetive thirty (30) days after- the date of mailing, unless a notiee of appeal is filed with t
City Deeor-der on r before the eff et;ye date
4.32.180 Appeal of Suspension Orders
A. Any per-son who is sent a notice of suspension under-AMC 4.32.170 may appeal the
n aetion to the C`" Council by giving •tt notice t the City D der-within
ORDINANCE NO. 3270 Page 6 of 8
thir-ty `30l days eft .mailing e, the notice-ei suspension. The filing f a notice f appeal
B. The City Manager-shall place the appeal on the City Gouneil agenda to be heard within
thirty (30) days of the date of filing. At the shall stay the suspension until disposition of the appeal by the Counew.
the appellant and the Police Chief sihall
Ian given an ni por-tunity to present whatever- f ct r roa■ a is they le relevant to the
�- given �� '"i'I"'------'J _ i.__..,-.__ facts ... »abuaaa�aaw aua._J aa�a.aaa-
cusp ens.e r
n of the p m.t. p however-, that the City C- •1 h ll t
r " 7 1•r .d�ed a7 , ,
dispute e e validiV of the false ala iir-ehaFges (Or—d 3192 §,amended,
11/1 0)
4-32.190 Reinstatement After Suspension
7
. . 4pal whose alar-m system permit has been
suspended may have the pemit reinstated upon payment of a Feinstateffient fee as fellowsl
$- o
last 3 years
Seond . LI1 aIVII im
within last Z years
lastlai� years
't-fter the fourth suspension within a three year period, the principal shall t be eligible fer
------ -�_ _..»__� .,».,t,�aa.,a�aa .,aaaaaaa as aaaaa year ,
reinstatement or- r-enem,al for-a period of five (5) years from the date of last susp---'
7
4.32�9 �1�ees, .
A. Notice or-billing fire-m- the C-2-ity to any permit holder-shall be deemed to have been given
or- r-ender-ed on e date such notice or- billing is deposited ' the U.S. Mail, first class
postage, prepaid, addressed PeFfflit 7
r-eeOFds. A eer-tificate signed by the per-son who mailed the notiee shall be pr4ma fade
evidence of the fonts stated therein with respect to such notice
B. Notice to the City or-payment under-this ordinance shall be effeethre when r-eceived a
the appropriate City off.ee
4.32.210 Fire Alarms
A. Except for fire alarms protecting property of the City of Ashland,
fire alar-m
annunciators shall not Ian located on City prom's and the !''its shall not monitor- ca<nh
annunciators �—_ �_ located — r--•_._ises any. aaa. City sh aaa not monito��IICII
B. No install, netivate, maintain,
Violation or-use a fire or-smoke alar-m wh4eh
incorporates or activates an automatic dialer programmed to select a telephone line which
rings or terminates on the premises of the C-4 of Ashland.
shall be an infraction.
4.32.220 Enn€eTEemen -Penalties
A Use of prohibited alarm system (AAIC 4.32.030, d ='1 040 d A 32 210) is a Class 1
violation.
RR. J-2-ni-Imir-e to eemply with the pv-A;.,jQjcbus of this 7above,
including use of an alar-m system without a 7
subject to the enal«es provided in Chapter- 1.08 010 of code-{Ord- 3023, amended,
9W83/20 18}
ORDINANCE NO. 3270 Page 7 of 8
. .2�6 Doane Supes4slon Fees
A. For-regular-poHee effireer-s, one and one half(112) times the estobfished salary rate plus
twenty per-eent O
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C)of the City Charter on the��day of � , 2025, and duly
PASSED and ADOPTED this_ day of , 2025.
PASSED by the City Council this day of ,( �f— , 2025.
ATTEST:
Alissa o odzinski,City Recorder
SIGNED and APPROVED this day of , 2025.
Tonya 4aharn,Mayor
Reviewed as to form:
Jo ietila A omey
ORDINANCE NO. 3270 Page 8 of 8