Chapter 8.04
BURGLARY AND ROBBERY ALARMS
Sections:
8.04.020 Alarm system permits required.
8.04.025 Application for permit--Confidentiality.
8.04.030 Duties of every alarm business.
8.04.045 Alarm equipment testing.
8.04.055 Governmental political unit.
8.04.065 Automatic dialing device--Certain interconnections prohibited.
8.04.070 Improper use of emergency telephone system.
8.04.005 Short title.
This chapter shall be known and may be cited as the "Burglary and Robbery Alarm Ordinance" and may also be referred to as "this chapter." (Ord. 2799 §2(part), 1997)
8.04.010 Purpose and scope.
The purpose of this chapter is to protect the emergency services of the city from misuse by governing burglary and robbery alarm systems, requiring permits, establishing fees, and providing for punishment for violations. This chapter is not intended to govern vehicle alarms. (Ord. 2799 §2(part), 1997)
8.04.015 Definitions.
For the purpose of this chapter:
A. "Alarm system" means any device intended to signal the occurrence of an illegal entry, or other activity that requires urgent attention, and to which police are expected to respond.
B. "Alarm user" means a person or other entity in control of any building, structure, or facility in which an alarm system is maintained.
C. "Automatic dialing device" means a device which is connected to a telephone line and is programmed to select a predetermined telephone number and transmit by recorded message or code signal a need for emergency response.
D. "Burglary alarm system" means an alarm system that is activated by an intruder or attempted intruder into the area protected by this system, inclusive of silent and audible alarm systems.
E. "False alarm" means an alarm signal eliciting a response by police when a situation requiring a response by the police does not in fact exist. It does not include (1) an alarm signal occurring within twenty days following the installation of a new alarm system, nor (2) an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user.
F. "Government political unit" means any tax-supported public agency.
G. "Interconnect" means to connect an alarm system including an automatic dialing device to a telephone line for the purpose of using the telephone line to transmit a message on the activation of the alarm system.
H. "Robbery alarm system" means an alarm system at a business that is activated by the alarm user, or other person being protected by the alarm system, to signal a robbery or attempted robbery. (Ord. 2799 §2(part), 1997)
8.04.020 Alarm system permits required.
A permit shall be obtained from the Cottage Grove police department for the use of an alarm system. Each permit shall be valid for a period of one year from the date of issue. There shall be no fee required for the permit provided that a delinquency charge shall be payable as set forth in Section 8.04.035 when applicable. (Ord. 2799 §2(part), 1997)
8.04.025 Application for permit--Confidentiality.
A. The application for a permit shall be obtained from the Cottage Grove police department and shall include the following information:
1. The street address and telephone number of the location where the alarm system is to be used;
2. The name, address, and telephone number of the alarm user;
3. The address to which notices should be mailed;
4. Whether the alarm is audible, silent, or both;
5. If the alarm is audible, whether it is designed to automatically reset after a certain number of minutes, and if so, the period of time it is designed to function before automatically resetting;
6. If applicable, the on-premises location of the alarm system central control panel;
7. If the alarm activates, whether the police will be contacted by an alarm company (state its name and 24-hour telephone number), or someone else;
8. In the order of their priority, the name, address, and telephone number of at least three persons, including the alarm user, who can be contacted in the event of an alarm to assist the police in turning off the alarm or investigating any suspected criminal activity;
9. If applicable, the type of business at the alarm system location;
10. If applicable, the type of residence, such as house, condominium, apartment, or other, at the alarm system location, and the names of persons normally residing at the residence;
11. The breed of any dog a police officer might encounter at the alarm system location while responding to an alarm, and the name the dog will respond to;
12. All permits shall expire at midnight on December 31st of each calendar year.
B. All information provided on the application shall be held in the strictest confidence and shall be deemed a public record exempt from disclosure pursuant to state statute. (Ord. 2799 §2(part), 1997)
8.04.030 Duties of every alarm business.
A. Every alarm business selling or leasing to any user an alarm system which is installed upon a premises that is interconnected to an emergency service communications center shall furnish that person with instructions that provide adequate information to enable persons using such equipment to operate it properly and where to obtain service for the equipment at any time.
B. If the city manager or his designate determines in his reasonable discretion that such information is incomplete, unclear or inadequate, he may require the alarm business to revise the information to alarm users. (Ord. 2799 §2(part), 1997)
8.04.035 Delinquency charge.
A delinquency charge in the amount of twenty-five dollars shall be assessed to an alarm user who (1) fails to obtain a permit within thirty days following the installation of a new alarm system; (2) fails to obtain a permit within thirty days following written notice of the need to obtain an alarm system permit; (3) fails to renew a permit within thirty days following the date of expiration of the permit; or (4) fails to report a change in any of the information provided on the permit form within thirty days following the change (no charge shall be assessed for reporting a change of information if the information is reported within thirty days of the date of the change and involved the same user). Written notice shall be sent to each permit holder on or before December 1st of each calendar year notifying the permit holder of the need to renew the permit. (Ord. 2799 §2(part), 1997)
8.04.040 False alarms.
A. Whenever an alarm system is activated and a police officer is dispatched, police personnel shall determine whether the alarm is a false alarm.
B. An alarm user whose alarm system has five or more false alarms within a calendar year shall be subject to a fine, to be paid within two weeks following notice as follows:
1. Five to eight false alarms, fifty dollars per each false alarm beginning with number five;
2. More than eight false alarms, one hundred dollars per false alarm beginning with number nine.
C. If five or more false alarms occur within the same calendar year, the chief of police or his designee shall have the right to (1) inspect the alarm system following written notification, or (2) require an inspection by a technician. If an inspection is required, then within fifteen days following the notice to the alarm user of the need for an inspection, the technician shall file a report with the city police department stating findings made and any corrective measures taken or planned. Any expense incurred by either the city or the alarm user in hiring a technician shall be the responsibility of the alarm user.
D. No person shall use an alarm system found likely to cause false alarms under subsection C of this section. (Ord. 2799 §2(part), 1997)
8.04.045 Alarm equipment testing.
Whenever a user of an alarm system deems it necessary to test or otherwise intentionally set off or activate an alarm system located on his premises, he shall notify the Emergency Services Communication Center that he intends to test or otherwise intentionally activate that alarm prior to actual test being conducted. Failure to do so will result in the user being considered as having had a false alarm. (Ord. 2799 §2(part), 1997)
8.04.050 Right to appeal.
A. Any alarm user who has been notified of a false alarm, or assessed a false alarm fine, may, within two weeks after being notified that an alarm was determined to be a false alarm, appeal to the city council by giving written notice to the city council and, if applicable, posting a bond equal to the amount of the fine.
B. The alarm user shall be given reasonable notice of the hearing. Failure of the alarm user to appear at the hearing shall, if applicable, result in (1) the forfeiture of the appeal bond, and (2) application of the forfeiture toward the false alarm fine.
C. The city council or its designee shall serve as the hearing officer. The burden of proof shall be upon the alarm user to show by a preponderance of the evidence that the alarm signal in question was not a false alarm.
D. After receipt of all relevant evidence, the hearing officer shall render a decision within one week. If the hearing officer determines that the alarm user:
1. Has met the burden of proof, then the hearing officer shall order the appeal bond released to the alarm user and rescind the false alarm determination; or
2. Has not met the burden of proof, then the hearing officer shall enter the alarm as a false alarm and, if applicable, order the appeal bond forfeited and applied toward the fines assessed by the city. (Ord. 2799 §2(part), 1997)
8.04.055 Governmental political unit.
An alarm user who is a governmental political unit shall be required to obtain a permit. (Ord. 2799 §2(part), 1997)
8.04.060 Alarm termination.
A. If a police officer responds to an audible alarm and the alarm system continues to transmit an audible signal for fifteen minutes after (1) a responsible party or designated person has been requested to stop the alarm from sounding, or (2) no responsible party or designated person is available to respond, then the officer may disable the alarm and secure the premises.
B. 1. Neither the city nor its employees shall be held responsible for damages resulting from (a) disabling an alarm, or (b) securing the premises, or (c) failing to disable an alarm, or (d) failing to secure the premises.
2. Any costs incurred by the city in disabling the alarm or securing the premises shall be the responsibility of the alarm user. (Ord. 2799 §2(part), 1997)
8.04.065 Automatic dialing device--Certain interconnections prohibited.
It is unlawful for any person to program an automatic dialing device to select a telephone line, including a 9-1-1 prefix, that solicits a police response and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device that is in violation of this chapter within one week following written notification that it is so programmed. (Ord. 2799 §2(part), 1997)
8.04.070 Improper use of emergency telephone system.
A person commits the crime of improper use of an emergency telephone system by:
A. Knowingly or intentionally dialing the 9-1-1 number for any purpose other than to report an event which the caller reasonably believes to be an emergency; or
B. Knowingly or intentionally programming and activating an automatic dialing device or an automatic protection device which results in the transmission of a prerecorded message to the city via 9-1-1; or
C. Knowingly allowing their telephone equipment to be used in violation of subsections A and B of this section. (Ord. 2799 §2(part), 1997)
8.04.075 Penalties.
A. Violation of this chapter shall be deemed a civil infraction and shall be punishable by a fine not to exceed five hundred dollars.
B. Each violation of a provision of this chapter constitutes a separate offense, and each day that violation of this chapter is committed, or is permitted to continue, constitutes a separate offense.
C. A finding that a person has committed a civil infraction in violation of this chapter shall not act to relieve the person from the provisions of this chapter. (Ord. 2799 §2(part), 1997)