HomeMy WebLinkAbout2533 Alarms Systems / 4.32 AN ORDINANCE AMENDING CHAPTER 4.32 OF THE ASHLAND MUNICIPAL CODE IN
ITS ENTIRETY PERTAINING TO ALARM SYSTEMS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 2401 and Chapter 4.32 of the Municipal Code
shall be amended in their entirety, and shall read as follows:
Sections:
4.32.010
4.32.020
4.32.030
4.32.040
4.32.050
4.32.060
4.32.090
4.32.100
4.32.110
4.32.120
4.32.130
4.32.140
4.32.150
4.32.160
4.32.170
4.32.180
4.32.190
4.32.200
4.32.210
4.32.220
4.32.230
"CHAPTER 4.32
ALARM SYSTEMS
Definitions
Classification of Alarm Systems
Class I Alarm Systems
Class II Alarm Systems
Class III Alarm Systems
Class IV Alarm Systems
Class V Alarm Systems
Alarm System Requirements, Generally
Permits Required
Permit Application
Permit Fees
Term of Permit and Renewal
Inspection of Alarm Systems
Current Information Required
False Alarm Fees
Suspension of Permits
Appeal of Suspension Orders
Reinstatement After Suspension
Notices
Fire Alarms
Enforcement and Penalties
4.32.010 Definitions
As used in this ordinance, unless the context otherwise requires:
(a)
"~gent" means a natural person, other than a burglar alarm salesman
-' ! ~ I I ' .... , who is designated by the principal to
be responsible for the premises protected by an alarm system during
the principal's absence or unavailability. The term "agent" does
not include any person who receives any salary, fee, bonus or other
valuable consideration for performing the duties of an agent unless
such person is a bona fide employee of the principal having
substantial duties paramount and not directly related to his
capacity as agent.
(b)
"Alarm system" means a device or system of interconnected devices,
including hardware and related appurtenances, designed to give
warning of activities indicative of felony or criminal conduct.
(c)
"Annunciator" means that part of an alarm system, other than an
automatic dialer, which communicates the fact that the system has
been triggered.
(d)
"Audible annunciator" means an annunciator which gives alarm by
means of a bell, siren, buzzer or similar sound producing device
mounted at some location other than wholly within a building; or
which, when activated, is clearly audible at a distance of fifty
(50) feet or more outside of any building in which it is mounted.
(e)
"Automatic dialer" means a device which is programmed to select a
telephone number and deliver a warning message or signal over
standard telephone lines using telephone voice communication
equipment.
(f)
"Chief" means the chief of police of the City of Ashland, or a
police officer under his jurisdiction designated by him to exercise
any power or duty conferred under this chapter.
(g) "Department" means the City of Ashland Police Department.
(h)
"City of Ashland telephone line" means a telephone line which rings
or terminated on the premises of the City of Ashland.
(i)
"False alarm" means any activation of an alarm system upon or
following which communication is made to the Department that an
alarm has been triggered, except alarms resulting from one of the
following causes:
(1) Criminal activity or unauthorized entry,
(2) Earthquake causing structural damage to the protected
premises,
(3) Hurricane winds causing structural damage to the protected
premises,
(4) Flooding of the protected premises due to overflow of
natural drainage,
(5) A lightning bolt causing physical damage to the protected
premises,
(6) Fire causing structural damage to the protected premises
verified by the fire department.
(7) Telephone line malfunction verified in writing to the
Department by at least a first line telephone company
supervisor within seven (7) days of the occurrence, or
(8) Electrical service interruption verified in writing to the
Department by the local power company manager within seven
(7) days of the occurrence.
If the alarm, when communicated to the Department before an officer
is dispatched to investigate is clearly identified to the
Department has resulting from authorized entry, authorized system
test, or other non-criminal cause, it shall not be considered as a
false alarm. If police units, responding to an alarm and checking
(J)
(k)
(i)
(m)
(n)
(o)
(P)
(q)
the protected premises according to standard Department operating
procedure, do not discover any evidence of unauthorized entry or
criminal activity, there shall be a rebuttable presumption that the
alarm is false. Entries in the Police Department "Daily Bulletin"
shall be prima facie evidence of the facts stated therein with
regard to alarms and responses.
"On-premise annunciator" means an annunciator which is designed to
give warning only to a person or persons on the protected premises,
and which is neither an "audible" or "remote" annunciator as those
terms are defined in this section.
"Principal" means the person, form or corporation whose premises
are protected by an alarm system. In the event that a building
having more than one tenant is protected by a single alarm system,
the term "principal" means the building owner.
"Protected premises" means all of that contiguous area, including
buildings, protected by a single alarm system and under common
ownership and use.
"Remote annunciator" means an annunciator located at a terminal on
the premises or an alarm company, or other location not a part of
the protected premises.
"Sensor" means that part of an alarm system which is designed to
detect the happenings of some event or existence of some condition
indicative of criminal activity or unauthorized entry.
"Visual annunciator" means an annunciator installed entirely on the
protected premises and which gives inaudible warning by means of a
flashing light or other visible signal.
"This ordinance" shall means Sections through of this code.
"Fiscal year" means July 1 thorough June 30.
4.32.020 Classification of Alarm Systems.
Alarms systems shall be classified as follows:
(a)
A Class I alarm system is one which incorporates a remote
annunciator installed on the premises of the Department in the
Communications Center.
(b)
A Class II alarm system is one which incorporates an automatic
dialer programmed to select a City of Ashland telephone line.
(c)
A Class III alarm system is one which incorporates a remote
annunciator installed at a place other than the premises of the
city, and which does not incorporate an automatic dialer.
(d)
A Class IV alarm system is one which incorporates an automatic
dialer not programmed to select a City of Ashland telephone line.
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(e)
A Class V alarm system is one in which the only annunciator is an
audible annunciator located at the protected premises, and which
does not incorporate an automatic dialer.
(f)
Exempt alarm systems are: (1) those which incorporate only an on-
premise annunciator, a visual annunciator, or any combination
thereof; (2) alarm systems owned, maintained and monitored by any
government law enforcement agency to protect their premises, and
(3) alarm systems protecting property of the City of Ashland.
(g)
An alarm user required to install, maintain and operate an alarm
system by federal, state, county or city statute, regulation, rule
or ordinance shall be subject to the provisions and fees set forth
in this Chapter, except as to the suspension of the permit a
provided in Section 4.32.170.
4.32.030 Class I Alarm Systems.
(a) Class I alarm systems are prohibited.
4.32.040 Class II Alarm Systems.
(a) Class II alarm systems are prohibited.
4.32.050 Class III Alarm Systems.
(a)
Any person reporting to the police on any alarm from a Class III
alarm system shall give the following information:
(1) The alarm system permit number, and the principal or business
name;
(2) The type of premises (warehouse, residence, etc.) and the
name, if any, by which the premises are known;
(3) The address of the protected premises, which shall be repeated
a second time at the end of the message;
(4) The name and telephone number of some responsible person
having access to the protected premises; and
(5) The type of criminal activity indicated, e.g. burglary in
progress, robbery, etc.
(b)
If the Class III alarm system incorporates an audible annunciator,
it shall be subject to the requirements specified in Section
4.32.070.
4.32.060 Class IV Alarm Systems.
(a)
Any person reporting to the police on any alarm from a Class IV
alarm system shall give the information specified in Section
4.32.050(a).
(b)
No Class IV alarm system shall be programmed to select any
telephone line the user of which has not previously given consent
for such programming.
(c)
If the Class IV alarm system incorporates an audible annunciator,
it shall be subject to the requirements specified in Section
4.32.070.
4.32.070 Class V Alarm Systems.
(a)
Each Class V alarm system shall be so programmed that each audible
annunciator will automatically silence within fifteen minutes after
being activated, and will not sound again unless a new act or
circumstance triggers a sensor.
(b)
No test of a Class V alarm system shall be conducted between the
hours of 8:00 P.M. of any day and 7:00 A.M. of the following day.
(c)
The application for a Class V alarm system permit shall list the
name and phone number of at least one responsible person (other
than the principal or a member of his household) having access to
the premises who may be notified and assist the police in the event
the alarm is activated. The principal shall immediately notify the
Chief of any changes in this information.
(d)
The Chief may, by written notice, require the posting of the
information required by subsection (c) on the protected premises.
4.32.080 Alarm System Requirements. Generally.
(a)
No alarm system shall be installed, used or maintained in violation
of any of the requirements of this code, or of any applicable
statute, law or administrative regulation of the United States of
America, the State of Oregon or any administrative rule-making body
thereof.
(b)
The holder of an alarm system permit shall be responsible for the
training and re-training of all employees, family members and other
persons who may make regular use of the protected premises and who
may, in the normal course of their activities, be in a position to
accidentally trigger a sensor. Such training shall include
procedures and practices to avoid accidental alarms, and steps to
follow in the event the system is accidentally triggered.
(c)
The holder of an alarm permit shall, at all times, be responsible
for the proper maintenance and repair of the system, and for the
repair or replacement of any component, method of installment,
design feature or like condition which may give rise to a false
alarm.
4.32.090 Permits Required.
(a)
It shall be unlawful for any person to use or maintain any alarm
system without a current valid permit therefore.
(b)
City police may refuse to respond to an alarm from a system without
a permit.
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(¢)
No permit shall be required for an exempt alarm system as defined
in Section 4.32.020(f), and the provisions of this chapter shall
not apply to such systems.
(d)
Violation of this Chapter shall be an infraction. Each day during
which the violation is maintained or continued shall be deemed a
separate infraction.
4.32.100 Permit Application.
Each application for an alarm system permit shall be made on a form
prescribed by the Chief, and shall contain the following information:
(a)
The name, address and telephone number of the principal of the
protected premises.
(b)
The type of premises (home, office, variety store, etc.) and any
business name by which the premises is known.
(c)
The address of the protected premises, including, if it is in a
residential, commercial or industrial complex (office building,
apartment house, shopping center, etc.), any name by which the
complex is commonly known.
(d)
The names, addresses and telephone numbers, including home phone
number, of all agents.
(e)
The number and type of annunciators and automatic dialers which the
alarm system incorporates, the location of all remote annunciators,
and the names and phone numbers of all persons or businesses which
are or may be preselected for automatic dialer contact.
(f)
The application shall be accompanied by the fee prescribed under
Section 4.32.120.
4.32.110 Issuance of Permit.
Upon receipt of the Finance Director of the permit application and fee,
the Chief shall undertake whatever investigation he deems necessary. If
it appears to the Chief that the proposed system will comply with the
provisions of this chapter, he shall notify the Finance Director who
shall issue to the applicant a permit bearing an identifying number,
specifying the class of alarm system for which it is issued, and setting
forth the expiration date of the permit. The City shall not, by the
issuance of any alarm system permit, be obligated to.respond or accord
any priority to an alarm from such system.
4.32.120 Permit Fees.
The fees for alarm system permits and renewals shall be as follows:
Class III $25.00
Class IV $25.00
Class V $10.00
4.32.130 Term of Permit and Renewal.
(a)
Class III and IV alarm system permits shall expire on June 30th of
the fifth (5th) calendar year following the year of issue.
(b)
Class V alarm systems permits have no expiration date and shall be
valid until terminated or suspended.
(c)
An alarm system permit of any class shall automatically terminate
upon any change of principal, class of system or protected
premises. No permit may be transferred to another principal,
different class of system or protected premises. No refunds will
be given on termination or suspension of any permit for any reason.
(d)
Renewal permits shall be dated July 1st. The renewal permit will
not be issued until the fee is paid and a late charge of $5.00 per
month will be assessed on all permit holders who do not pay the
renewal fee prior to the expiration of their existing permit. The
renewal application shall contain the principal's signed statement
that there have been no changes in principal, protected premises or
class of alarm system. A suspended permit may be renewed only as
provided in Section 4.32.170.
4.32.140 Inspection of Alarm Systems.
Prior to issuing an alarm system permit, and at any time thereafter
during the term thereof, the Chief may inspect any alarm system for
which a permit is required. Such inspection shall be for the purpose of
ascertaining that information furnished by the applicant or permittee is
correct, and that the system is maintained in conformance with the
provisions of this chapter.
4.32.150 Current Information Required.
Within ten (10) days following any change of circumstances which renders
obsolete any of the information submitted pursuant to Section 4.32., the
permittee shall file an amendment to his application setting forth the
currently accurate information. No additional fee shall be required
unless the change has terminated the permit as provided in Section
4.32.130.
4.32.160 False Alarm Fees.
(a)
As a condition of any alarm system permit issued under the
provisions of this chapter, the permittee shall pay to the City of
Ashland, within 30 days of invoice, for false alarms generated by
the permittee's alarm system a fee according to the following
schedule:
(1)
(2)
(3)
First 6 false alarms in a calendar year - $15 per alarm
Next 4 false alarms in a calendar year - $30 per alarm
All false alarms in excess of 10 in a calendar year - $50 per
alarm.
The Finance Department shall notify the Chief monthly of any
permittee who does not pay promptly.
(b)
Any person who has been assessed a false alarm fee may appeal such
charge by giving written notice to the Chief within 30 days of
invoice assessing such charge. Upon receipt of the appeal notice
the Chief shall appoint one or more of his supervisory officers to
investigate the circumstances of the alarms upon which the appeal
is based. The investigators shall notify the appellant of a time
certain, not less than two (2) weeks nor more then four (4) weeks
following the date upon which the appeal was filed, at or before
such time certain the appellant shall file, in writing with the
investigator, whatever factual information he deems relevant in
support of his appeal. If the investigator determines the charge
to have been made in error he shall order the invoice cancelled and
notify the appellant and the Finance Director of such
determination, which shall be final. If the investigator
determines the charge to be proper, he shall make a full report of
his findings and file the same, together with any information filed
with him by the appellant, with the Chief. The Investigator's
determination shall be filed with the Chief within forty-five 45
days of the time the appeal was filed. The Chief shall make a
final determination on the disputed charges and mail notice thereof
to the appellant within sixty (60) days after the filing of the
appeal. If the Chief determines that any of the disputed charges
are valid, the permit holder shall pay such charges within thirty
(30) days after notice of the final decision of the Chief is mailed
to him. Such decision shall be final and not subject to further
appeal, notwithstanding the provisions of any other ordinance
governing appeals.
4.32.170 SusDension of Permits.
(a) The following shall be ground for suspension, by the Chief, of any
permit issued pursuant to this chapter:
(1) Any false or incomplete statement made on the permit
application.
(2) Programming of an automatic dialer to select any City of
Ashland telephone line.
(3) Failure to pay a false alarm fee within the time required by
Section 4.32.160.
(4) Maintenance, installation or use of the alarm system in
violation of any applicable law, ordinance or regulation,
including the requirements of this chapter.
(5) Failure to provide current information as required in Sections
4.32.050, 4.32.060, 4.32.070 and 4.32.150.
(6) Testing or deliberate activation of a Class V alarm system
other than as authorized in Section 4.32.070.
(b)
If the Chief determines that there is cause for the suspension of a
permit, he shall mail a notice of suspension to the principal,
stating that the suspension will be effective thirty (30) days
after the date of mailing, unless a notice of appeal is filed with
the City Recorder on or before the effective date.
4.32.180 Appeal of Suspension Orders.
(a)
Any person who is sent a notice of suspension under Section
4.32.170 may appeal the suspension action to the City Council by
giving written notice to the City Recorder within thirty (30) days
after mailing of the notice of suspension. The filing of a Notice
of Appeal shall stay the suspension until disposition of the appeal
by the Council.
(b)
The City Administrator shall place the appeal on the City Council
agenda to be heard within thirty (30) days of the date of filing.
At the hearing, the appellant and the Chief shall be given an
opportunity to present whatever facts or arguments they deem
relevant to the suspension of the permit. Provided however that
the City Council shall not review any dispute concerning the
validity of the false alarm charges.
4.32.190 Reinstatement After Suspension.
Except as otherwise provided herein, a principal whose alarm system
permit has been suspended may have his permit reinstated upon payment of
a reinstatement fee as follows:
First suspension within last 3 years ..... $ 50
Second suspension within last 3 years .... $100
Third suspension within last 3 years ..... $200
After the fourth suspension within a three year period, the principal
shall not be eligible for reinstatement or renewal for a period of five
(5) years from the date of last suspension, whereupon he may apply for a
new permit at the regular fee.
4.32.200 Notices.
(a)
Notice or billing from the City to any permit holder shall be
deemed to have been given or rendered on the date such notice or
billing is deposited in the U.S. Mail, first class postage,
prepaid, addressed to the permit holder at the address shown in the
City's permit records. A certificate signed by the person who
mailed the notice shall be prima facie evidence of the facts stated
therein with respect to such notice.
(b)
Notice to the City or payment under this ordinance shall be
effective when received at the appropriate City office.
4.32.210 Fire Alarms.
(a)
Except for fire alarms protecting property of the City of Ashland,
fire alarm annunciators shall not be located on City premises and
the city shall not monitor such alarms.
(b)
No person shall install, activate, maintain, or use a fire or smoke
alarm which incorporates or activates an automatic dialer
programmed to select a telephone line which rings or terminates on
the premises of the city of Ashland. Violation of this subjection
shall be an infraction.
4.32.220 Enforcement and Penalties.
Any person failing to comply with the provisions of this Chapter, shall
be subject to the penalties provided in Chapter 1.08.010 of this code.
(ORD 1885, 1976; ORD 2382 s2, 1986)"
The foregoing Ordinance was first read on the ~-~__~L day of
~'~,'~-~?~.~-~:'~'~ ~' , 1989 and duly PASSED and ADOPTED this ~-~-~' ay of
.,~ i~i~.~' £ J , 1989.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
~~~, 1989.
Catherine M. Golden
Mayor
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