Chapter 7.92
BURGLARY AND ROBBERY ALARMS
Sections:
7.92.020 Emergency response card.
7.92.030 Fees – Corrective action – Disconnection.
7.92.050 Hearing on administrative decision – Finality.
7.92.060 Payment of fees required.
7.92.070 Automatic alarm dialing devices – Certain interconnections prohibited.
7.92.080 Automatic reset required.
7.92.010 Definitions.
In this chapter, unless a different meaning is plainly required, the definitions contained in this section shall apply:
(1) “Automatic dialing alarm device” means a device which is interconnected 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.
(2) “Burglary and/or robbery alarm” means any electronic, mechanical or other system designed to sound, internally or externally to the structure, an audible, visual, silent or electronic warning upon entry into premises or upon commission or attempted commission of any crime.
(3) “False alarm” means the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry or actual robbery or attempted robbery on the premises and at the time when no robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises.
(4) “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.
(5) “Owner” means the person having or maintaining a burglary and/or robbery alarm on premises owned and/or occupied by that person.
(6) “Person” means any natural person, partnership, joint stock company, incorporated association or society, or a corporation of any character whatsoever.
(7) “Response” has occurred when the police department begins to proceed towards the premises as a result of the activation of the alarm. (Ord. 445 § 1, 1985; Ord. 382 § 1, 1981).
7.92.020 Emergency response card.
It is unlawful to have or maintain on any premises a burglary and/or robbery alarm unless there is on file with the police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any such alarm at all hours of the day and night. (Ord. 382 § 2, 1981).
7.92.030 Fees – Corrective action – Disconnection.
For police response to any false alarm, the city shall charge and collect from the owner fees as set by the city’s current fee schedule ordinance, as follows:
(1) For response to premises at which no other false alarm has occurred within the preceding 90-day period, referred to in this chapter as a “first response,” no fee shall be charged. Upon a first response, the director of public safety, or his designee, shall give notice of conditions and requirements of this chapter to the owner.
(2) For a second response to a false alarm to the premises within 90 days after a first alarm, the director of public safety or his designee shall charge the owner a fee.
(3) For the third response to a false alarm at the premises within 90 days of the most recent response, the director of public safety or his designee shall charge the owner a higher fee. (Ord. 699 § 1, 2003; Ord. 445 § 2, 1985; Ord. 382 § 3, 1981).
7.92.040 Notice of sanctions.
(1) Notice of imposition of any administrative sanction, including the imposition of any fees or costs, under the provisions of this chapter shall be sent by mail or be delivered personally to the owner; provided, that with respect to business premises, mailing or personal delivery to the manager or chief administrative agent regularly assigned or employed at the premises at the time of the occurrence of a false alarm shall be deemed to be mailing or personal delivery to the owner.
(2) The notice shall specify the sanctions imposed and shall advise the owner that unless the owner requests a hearing as described in NPMC 7.92.050 within 15 days of the date of the notice, the sanctions will be imposed. (Ord. 382 § 4, 1981).
7.92.050 Hearing on administrative decision – Finality.
(1) Any person subject to the imposition of a fee or other administrative sanction under the terms of this chapter shall have a right to a hearing with the city council upon filing a timely written request, as indicated in NPMC 7.92.040(2).
(2) Upon receipt of a timely written request, the city clerk shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The city council shall consider the record of past false alarms, any corrective action taken and any inspection reports on the cause of the false alarm. If the city council determines that the false alarms are not caused by the owner or his employees or agents, and that reasonable steps have been taken to correct the problem, the fee or other sanction may be suspended, in whole or in part. (Ord. 445 § 3, 1985; Ord. 382 § 5, 1981).
7.92.060 Payment of fees required.
It is an infraction for any person to fail or refuse to pay any fee imposed under this chapter. In addition to institution of any criminal proceeding, the city manager may authorize the city attorney to collect the fees by appropriate legal action. (Ord. 445 § 4, 1985; Ord. 382 § 6, 1981).
7.92.070 Automatic alarm dialing devices – Certain interconnections prohibited.
It is unlawful for any person to program an automatic dialing alarm device to select any telephone line assigned to the city police department or department of public safety. (Ord. 445 § 5, 1985; Ord. 382 § 8, 1981).
7.92.080 Automatic reset required.
All burglary or robbery alarms maintained on any premises in the city shall have an automatic reset device that will deactivate the alarm after no more than eight minutes of continued operation. Any owner failing to install the required automatic reset device is guilty of an infraction with a maximum penalty of $250.00. (Ord. 725 § 7, 2004; Ord. 445 § 6, 1985; Ord. 382 § 8, 1981).
7.92.090 Violation – Penalty.
Any person violating any of the provisions of this chapter, including failure or refusal to pay any fees imposed under this chapter, is guilty of an infraction, with a maximum penalty of $250.00. (Ord. 445 § 7, 1985; Ord. 382 § 9, 1981).