Chapter 8.04
ALARM SYSTEMS
Sections:
8.04.030 Scope – Applicability.
8.04.050 User permit – Required – General provisions.
8.04.060 User permit – Application.
8.04.070 User permit – Inspection.
8.04.080 User permit – Term – When void.
8.04.090 Duties of alarm users.
8.04.100 Automatic dialing devices.
8.04.110 False alarm penalties.
8.04.120 Revocation of user permits.
8.04.140 Nonliability of city.
8.04.010 Title.
The ordinance codified in this chapter shall be known as “the public safety alarm ordinance.” (Ord. 84-9 § 1)
8.04.020 Purpose.
The purpose of this chapter is to encourage the installation of emergency alarm systems in structures within the city in order to provide additional alarms, including burglary, robbery and medical, and for such other hazards as may constitute a danger to persons or property. It is anticipated that such installations will provide a method of early detection which will permit emergency personnel to increase the present level of protection to persons and property. (Ord. 84-9 § 2)
8.04.030 Scope – Applicability.
A. This chapter governs burglary, robbery, fire and medical alarm systems and hazard monitoring systems, requires permits, establishes fees, provides for revocation of permits, provides for punishment of violations and establishes a system of administration.
B. The provisions of this chapter apply only to systems served by the Lincoln City police communications center. (Ord. 84-9 § 3)
8.04.040 Definitions.
As used in this chapter:
“Alarm business” means the business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.
“Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which emergency personnel are expected to respond.
“Alarm user” means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility wherein an alarm system is maintained.
“Automatic dialing device” means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.
“Burglary alarm system” means an alarm system signaling an entry or attempted entry into the area protected by the system.
“Chief” means the Lincoln City police chief or his designated representative.
“Coordinator” means the individual designated by the city to issue permits and enforce the provisions of this chapter.
“Designated trunk line” means a telephone line which has been designated to receive only automatic dialing device signals.
“Emergency personnel” means any police officer, fireman, emergency medical technician or public works employee.
“False alarm” means a signal from an alarm system resulting in a response by emergency personnel when an emergency situation does not exist.
“Fire, medical and hazard monitoring system” means an alarm system signaling a fire, medical emergency or hazard.
“Interconnect” means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
“Lincoln City police communications” means the city facility used to receive emergency and general information from the public, to be dispatched to the respective emergency personnel utilizing the facility.
“Primary trunk line” means a telephone line serving the Lincoln City police communications facility, that is designated to receive emergency calls.
“Robbery alarm system” means an alarm system signaling a robbery or attempted robbery. (Ord. 84-9 § 4)
8.04.050 User permit – Required – General provisions.
A. Every alarm user shall obtain an alarm user’s permit for each system from the coordinator’s office within 60 days of use of any alarm system, except as provided in LCMC 8.04.090(A). Application for a burglary or robbery alarm user’s permit, and a fee in an amount set by resolution of the city council, except as excluded by this chapter, shall be filed with the coordinator’s office every year. The fee shall be for the cost of administering this chapter and will not be refunded if a permit is not issued. Each permit shall bear the signature of the chief and shall end on December 31st of the year for which it is issued. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the chief. The permits required by this section shall be issued for the 12-month period beginning on January 1st of each year and ending on December 31st of the same calendar year. If any person subject to the provisions of this section applies for a new permit within the city at any time after January 1st of any permit period, the permit fees payable for an alarm user’s permit shall be prorated as of the first of the month during which the application is made, but in no event shall a permit be issued for a lesser fee than $2.00.
B. A $50.00 charge will be required, in addition to the fee provided in subsection (A) of this section, from a user who fails to obtain a permit within 60 days after the date of first use of any alarm system, or who files a renewal application or fee on or after March 1st of the year to which the renewal application applies.
C. An alarm user which is a governmental unit shall be subject to this chapter; but a permit shall be issued without payment of a fee and shall not be subject to revocation. (Ord. 2003-20 § 1; Ord. 2001-11 § 2; Ord. 90-10 § 1; Ord. 84-9 § 5)
8.04.060 User permit – Application.
A. Permit application forms shall be made available to persons required to have them, through the city or its agent. Applications and accompanying fees shall be returned to the city for processing.
B. Every permit application required by this section shall be signed by the alarm user or his or her agent and shall include the following information:
1. Name, address, and telephone number of the alarm user. If the applicant is a partnership, the names and addresses of the partners shall be given; if the applicant is a corporation, the names and addresses of its principal officers and registered agent shall be given;
2. Location of alarm system and type of system;
3. Name of licensed installer and the installer’s state license number, if applicable;
4. Name and telephone number of the person or company responsible for repair and/or maintenance of the alarm system;
5. Statement by applicant on the application that he/she is aware of the requirements of this chapter and the fees and penalties prescribed herein;
6. Names and telephone numbers of persons at different locations who may be authorized to respond to an emergency and enter or open the premises where the device is installed.
C. Information submitted to the city pursuant to this section shall remain confidential.
D. Within 10 days following any change of circumstances which renders obsolete any of the information submitted pursuant to subsection (B) of this section, the alarm user shall file an amendment to his application, setting forth the current accurate information. No additional fee shall be required for this change of information. (Ord. 84-9 §§ 6(d) – (f), 9(g))
8.04.070 User permit – Inspection.
Each alarm user permit shall be available for inspection at reasonable times by the city or designee. (Ord. 84-9 § 9(f))
8.04.080 User permit – Term – When void.
Permits shall be issued on a calendar year basis and shall remain in effect for the period issued unless the permit is revoked or the person or persons or organizations owning, leasing, renting or in control of the protected premises changes. In the event any of the above conditions occurs, the permit shall be null and void, and the permit holder shall file the correct information with the city within 10 days from the date of change, and continued use of an alarm system shall be deemed in violation of this chapter, subject to the penalties provision of LCMC 8.04.110. (Ord. 90-10 § 2; Ord. 84-9 § 9(e))
8.04.090 Duties of alarm users.
A. Every alarm user shall obtain a permit for each alarm system located in the city within 60 days of use of the alarm system. This requirement does not apply to the self-contained residential smoke alarms which are not connected to a communications center or a private monitoring service.
B. Every alarm user utilizing an alarm system shall be responsible for the maintenance of the device, and shall repair any defective device within 48 hours after the alarm user learns or reasonably should have learned that the device is defective. The alarm system shall be disconnected after the expiration of 48 hours if repairs cannot be made within that time.
C. Any alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to this chapter. (Ord. 2003-20 § 2; Ord. 84-9 § 6(a) – (c))
8.04.100 Automatic dialing devices.
A. It is unlawful for any person to program an automatic dialing device to select a primary trunk line, and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within 12 hours of receipt of written notice from the coordinator that it is so programmed.
B. Upon the effective date of the ordinance codified in this chapter, all existing automatic dialing devices programmed to select a primary trunk line shall be reprogrammed to select a designated trunk line or disconnected. (Ord. 84-9 § 7)
8.04.110 False alarm penalties.
As a condition of any alarm system permit issued under the provisions of this chapter, the permittee shall pay to the city, upon and within 10 days of invoice, fees for false alarms generated by the permittee’s alarm system, according to the following schedule:
A. First four false alarms during each calendar year, no charge;
B. For each false alarm thereafter, to and including the sixth, $20.00 per false alarm;
C. For each false alarm thereafter, to and including the tenth, $40.00 per false alarm;
D. For each false alarm thereafter, to and including the twelfth, $80.00 per false alarm;
E. For each false alarm beyond the twelfth the permittee shall pay $150.00 per false alarm, and becomes subject to review for possible revocation of the permit. (Ord. 84-9 § 8)
8.04.120 Revocation of user permits.
A. The following shall be cause for revoking by the coordinator of any alarm user permit:
1. Any false or incomplete statement made on the permit application;
2. Failure to comply with any provision of this chapter;
3. Failure to pay a false alarm fee, as prescribed in LCMC 8.04.110, within 30 days of demand;
4. Exceeding 12 false alarms in a permit year.
B. An alarm user shall immediately discontinue use of the alarm system upon being notified by certified mail of the revocation of the permit.
C. Any party whose permit has been revoked under subsection (A) of this section may appeal the revocation under the provisions of LCMC 8.04.130.
D. An application for a permit subsequent to a revocation of a prior permit is considered an initial application and is subject to the fee provisions of LCMC 8.04.050. (Ord. 84-9 § 9(a) – (d))
8.04.130 Appeals.
A. Any person who has been assessed a false alarm penalty, had a permit revoked or suffered any other penalty as provided in this chapter may appeal such penalty to the city council. A written notice of appeal shall be filed with the city recorder within 10 days after receiving notification of revocation or assessment.
B. The filing of a notice of appeal shall stay the action appealed until disposition of the appeal by the city council.
C. Upon receipt of the written notice of appeal by the city recorder, he shall place the appeal on the agenda of the next regularly scheduled city council meeting. (Ord. 84-9 § 10)
8.04.140 Nonliability of city.
Neither the city nor any official or employee thereof, including the Lincoln City police communications center and its employees, shall be liable for any damage resulting from the malfunction or defective installation of any alarm system or alarm monitoring service or conduct of any alarm supplier or installer as provided for in this chapter. (Ord. 84-9 § 11)
8.04.150 Violations.
Violation of any provision of this chapter shall be a Class D violation. Any violation forfeiture or other remedy shall be in addition to the monetary late payment penalty, the false alarm penalties, and the permit revocation remedies established by this chapter. (Ord. 2015-10 § 5; Ord. 2003-20 § 3)