CHAPTER 8
BURGLAR, MEDICAL AND FIRE ALARMS
Sections:
3-8-102 Permit to Install and Operate Fire, Medical or Burglar Alarm.
3-8-103 Alarm Companies; Business License; Application; Fees.
3-8-104 Alarm Companies; Business License Revocation and Reinstatement.
3-8-105 Burglar, Medical and Fire Alarm Notification to the City.
3-8-106 False Alarms from Burglar and Medical Alarms.
3-8-107 False Alarms from Fire Alarms.
3-8-108 Delinquent Payment of Fees.
3-8-100 Declaration.
It is hereby declared that the occurrence of false alarms at premises protected by emergency alarm systems constitutes both a nuisance and a hazard to life and property. In light of (1) the traffic danger inherent in the emergency response of police and fire vehicles, (2) the danger caused by possible decreased caution on the part of emergency personnel responding to a location where previous false alarms have occurred, and (3) the cost in money and manpower to respond where no actual emergency exists, the City Council finds it necessary to the health, safety, and welfare of the citizens to enact the following provisions governing alarm systems.
(Ord. No. 16-2020 § 1, 08/04/2020)
3-8-101 Definitions.
For purposes of this Chapter, the following words and phrases shall have the following meanings:
(1) “Alarm company” means a person who for consideration provides services to others in giving notification to the Springville Department of Public Safety of possible criminal activities, medical, fire, or emergency notification based on the use of electronic, mechanical or television alarm systems.
(2) “Alarm user” means the owner or occupant of any premises where a burglar, medical or fire alarm is installed.
(3) “Burglar alarm” means any mechanical, electric or electronic device or system which is intended to notify the alarm user, an alarm operating or monitoring service, the Police Department, or any other person of possible criminal activities, including burglary, robbery and duress.
(4) “False alarm” means the activation of an alarm system which results in a response by the Police Department or Fire Department where an emergency does not exist and for which no evidence or indication of criminal activity, fire or other hazard is discovered. False alarms shall include negligently or accidentally activated signals; signals which are the result of faulty, malfunctioning or improperly installed or maintained equipment; signals which are purposely activated to summon emergency personnel in nonemergency situations; and alarms for which the actual cause is not determined. False alarms also include an alarm signal caused by conditions of nature which are normal for that area. “False alarm” does not include an alarm signal caused by extraordinarily violent conditions of nature which cannot be reasonably anticipated by the alarm user.
(5) “Medical alarm” means any notification received from an alarm user through an alarm company which results in the Fire and/or Police Department responding to check on the welfare or medical condition of the alarm user.
(6) “Fire” means burning or combustion as commonly understood. Fire includes the existence of danger and the need for an emergency response by the Fire Department because of burning or combustion, including circumstances creating the reasonable belief that a fire exists or will shortly exist.
(7) “Fire alarm” means any mechanical, electric or electronic device or system which is intended to notify the alarm user, an alarm company, the Fire Department, or any other person of a fire.
(8) “Disconnected or disabled” means the burglar, medical or fire alarm shall not (a) by an alarm company, be called in to the Springville Department of Public Safety; or (b) with an audible alarm notification, be disabled so the alarm no longer sounds to where it can be heard from outside the premises where it is installed.
(Adopted by Ordinance No. 20-95; Ord. No. 06-2013, 05/21/2013; Ord. No. 16-2020 § 1, 08/04/2020)
3-8-102 Permit to Install and Operate Fire, Medical or Burglar Alarm.
(1) All residents or businesses within the City requesting burglar, medical or fire alarm service must receive a City permit to install, activate or operate any burglar, medical or fire alarm system that makes notification to Springville City.
Applications for permits shall be obtained and filed either online at the City website or at the City Offices.
(2) Fire alarms must meet the following standard which is adopted by reference. National Fire Protection Association (NFPA) Standard 72, Fire Alarm Systems.
(3) Burglar and medical alarm systems installed in a residence and alarm operating or monitoring services must be UL approved.
(4) Notification of a burglar, medical or fire alarm activation by a nonregistered user does not obligate the Police or Fire Department to respond.
(5) In the event that emergency personnel or representatives of the central alarm station responding to an alarm are unable to contact any of the parties listed in the alarm information due to outdated or inaccurate information provided by the user; or if none of the listed parties are available; or if the listed parties fail to respond to the scene within thirty (30) minutes of notice, such failure shall be treated as a separate false alarm in addition to the alarm which prompted the police response. The user shall be subject to any penalties which may be imposed pursuant to Section 3-8-106 for such failure.
(6) An alarm permit fee shall be set by the City Council.
(Adopted by Ordinance No. 21-98; Ord. No. 06-2013, 05/21/2013; Ord. No. 16-2020 § 1, 08/04/2020)
3-8-103 Alarm Companies; Business License; Application; Fees.
(1) It shall be unlawful to operate within the definition of an alarm company without obtaining a license issued from the State of Utah, pursuant to Section 58-55-301 et seq., Utah Code Annotated 1953, as amended. In addition, when Springville City is the principal place of business for said company, it shall be unlawful for the alarm company to operate within Springville City without a Springville City business license.
(2) The application shall be approved unless for good cause the application is disapproved by the Chief of Police because of prior violations of this Chapter or for any other good cause reasonably related to the safety of Springville City police officers or residents of Springville City.
(3) The annual fee for a business license to operate an alarm company having its principal place of business within Springville City shall be set by the City Council.
(Ord. No. 06-2013, 05/21/2013)
3-8-104 Alarm Companies; Business License Revocation and Reinstatement.
(1) The Chief of Police may at any time and for any reason related to the safety of Springville City police officers or residents of Springville City petition the State of Utah to take appropriate action against the State license of an alarm company for acts and practices known to the Chief of Police that reflect unfavorably on the fitness of the alarm company. The Chief of Police may order that the business license of an alarm company, having its principal place of business within Springville City, be revoked if the alarm company loses its State license or fails to pay the Springville City annual business license fee.
(2) For good cause (related to the safety of Springville City police officers or residents) the Chief of Police may reinstate the license of an alarm company that has been ordered revoked pursuant to the provisions of this Section.
(3) An alarm company which has had its license revoked pursuant to the provisions of subsection (1) of this Section, and is later reinstated pursuant to the provisions of subsection (2) of this Section, shall reapply as a new applicant pursuant to the provisions of Section 3-8-103 if its principal place of business is to remain within Springville City.
(Ord. No. 06-2013, 05/21/2013)
3-8-105 Burglar, Medical and Fire Alarm Notification to the City.
Burglar, medical and fire alarms shall be received by the City in one (1) of the following ways:
(1) Alarms may be monitored by an alarm company and forwarded to the City by the alarm company.
(2) Alarms may be audible alarms mounted on the property of the alarm user, intended to notify passers-by of the alarm. Audible burglar alarms shall be required to have an automatic reset to limit the audible alarm to no more than twenty (20) minutes of alarm sound before re-polling the system to see if the alarm has reset. If the alarm resets the alarm sound shall cease.
(3) Burglar, medical and fire alarms shall not be received directly at or by the Police or Fire Department by auto-dial telephone recorded messages or similar system.
(Adopted by Ordinance No. 21-98; formerly Section 3-8-103; renumbered and amended by Ord. No. 06-2013, 05/21/2013)
3-8-106 False Alarms from Burglar and Medical Alarms.
(1) For each false alarm to which emergency personnel respond in any calendar year, the alarm user shall be issued a warning or shall pay an administrative service fee to the City according to the following schedule:
|
First three false alarms: |
Warning; |
|
Fourth false alarm: |
Per Springville City fee schedule; |
|
Fifth false alarm: |
Per Springville City fee schedule; |
|
Sixth through ninth false alarms: |
Per Springville City fee schedule; |
|
Tenth and all subsequent false alarms: |
Per Springville City fee schedule. |
(2) For good cause, related to the safety of City police officers or residents of the City, the Chief of Police may allow reinstatement of a burglar or medical alarm which has been disconnected pursuant to this Section.
(Adopted by Ordinance No. 20-95; amended by Ordinances No. 21-98 and 19-01; formerly Section 3-8-104; renumbered and amended by Ord. No. 06-2013, 05/21/2013)
3-8-107 False Alarms from Fire Alarms.
(1) If the City Fire Department responds to more than four (4) false alarms from a fire alarm at one (1) location in one (1) calendar year, the Fire Chief may require the alarm user to show cause (related to the safety of City firemen or residents of the City) why the fire alarm at that location should not be disconnected or disabled. The Fire Chief may order that the fire alarm be disconnected or disabled if the alarm user does not show reasonably sufficient cause why such action should not be taken.
(2) An alarm user shall pay to the City Treasurer a fee as listed in the Springville City fee schedule for each time more than three (3) times in a calendar year that the City Fire Department responds to a false alarm from a fire alarm at the premises of the alarm user. The Fire Chief may require an alarm user to show cause why the fire alarm of that alarm user should not be disconnected or disabled for failure to pay the fees provided in this subsection. The Fire Chief may order that the fire alarm be disconnected or disabled if the alarm user does not show reasonably sufficient cause why such action should not be taken.
(3) For good cause, related to the safety of City firemen or residents of the City, the Fire Chief may allow reinstatement of a burglar alarm which has been disconnected pursuant to this Section.
(Adopted by Ordinance No. 20-95; amended by Ordinance No. 21-98; formerly Section 3-8-105; renumbered and amended by Ord. No. 06-2013, 05/21/2013)
3-8-108 Delinquent Payment of Fees.
(1) All administrative service fees assessed under this Chapter shall be paid to the City Treasurer within thirty (30) days of the date that notice of the assessment of the service fee is mailed to the alarm user. If any service fee is not paid within the time set forth above, late penalties shall be assessed against the alarm user according to the following schedule:
|
1 – 60 days late: |
As per Springville City fee schedule. |
|
61 – 90 days late: |
As per Springville City fee schedule. |
|
91 – 120 days late: |
As per Springville City fee schedule. |
(2) The City may use all available legal remedies to collect delinquent service fees and late penalties. If the delinquent service fee is owed by a business, payment of the fee and late penalties may be required prior to the renewal of the alarm user’s business or alcoholic beverage license.
(3) Alarm users who are over one hundred twenty (120) days delinquent shall be notified by mail that Springville City will not be responding to burglar alarms while the account is in delinquent status and to disconnect or disable their burglar alarm while the account is unpaid.
(Ord. No. 06-2013, 05/21/2013)
3-8-109 Criminal Penalty.
(1) It shall be unlawful for any person to knowingly give a false alarm.
(2) It shall be unlawful for any person to fail to obey an order of the Chief of Police made pursuant to Section 3-8-102(3) or 3-8-103, or an order of the Fire Chief made pursuant to Section 3-8-102(2) or 3-8-103.
(3) It shall be unlawful for any person to reconnect an alarm which has been disconnected or disabled by order of the Chief of Police or Fire Chief unless such reconnection is with the permission of the Chief of Police or Fire Chief as provided in Section 3-8-106(2) or 3-8-107(3).
(4) Violation of subsection (1) of this Section shall be a misdemeanor. A person convicted thereof shall be punished by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.
(5) Violation of subsection (2) or (3) of this Section shall be an infraction. A person convicted thereof shall be punished by a fine in an amount not to exceed $750.00.
(Adopted by Ordinance No. 20-95; amended by Ordinances No. 21-98; formerly Section 3-8-106; renumbered and amended by Ord. No. 06-2013, 05/21/2013)