Chapter 8.12
ALARM SYSTEMS
Sections:
8.12.030 Duty to maintain system.
8.12.060 False alarms – Civil penalty.
8.12.070 False alarms – Unintentional – Not a defense.
8.12.080 Permit – Revocation notification – Permittee’s right to be heard.
8.12.090 Permit – Revocation – Effect on occupancy permits.
8.12.010 Purpose.
The ordinance codified in this chapter is an exercise of police power and promulgated to increase safety and to lower the cost of vital city services by reducing the frequency of false alarms and nothing in this chapter shall be construed as creating a duty or liability by the city to any particular person or persons, corporation, partnership or association. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 1, 1983. Formerly 17.08.010).
8.12.020 Definitions.
(1) “Alarm system” means any mechanism, equipment or device which is designed to operate automatically through the use of public facilities or radio to transmit a signal, message or warning to a U.L. listed and approved monitoring station.
(2) “Person” is any person, partnership, association, corporation or other entity which installs, maintains, operates or uses an alarm system terminating at a U.L. listed and approved monitoring station. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 2, 1983. Formerly 17.08.020).
8.12.030 Duty to maintain system.
(1) It is the duty of every person who operates, uses or maintains an alarm system to assure that the system is maintained in a satisfactory operating condition such that it will generate alarms when it is supposed to and will not generate false alarms. Intentional or knowing failure to meet this duty is a misdemeanor. The maximum penalty for each violation shall be a fine of $250.00. Each day of failure to comply with this section is a separate violation.
(2) It is a defense to a criminal charge under this section that a user defendant has no right, privilege or power to affect a repair to the system. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 3, 1983. Formerly 17.08.030).
8.12.040 Permit – Required.
It is unlawful for any person to install, operate, maintain or use an alarm system which automatically transmits a signal, message or warning to a U.L. listed and approved monitoring station unless that person has been issued a permit under the provisions of this chapter. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 4, 1983. Formerly 17.08.040).
8.12.050 Right of inspection.
The chief of the concerned department, either police or fire, shall have the right to inspect any alarm system on the premises where it is intended to function prior to issuance of any permit for its operation, and he may cause an inspection of such system to be made at any time after issuance of a permit to determine whether it is being used in conformity with the terms of the permit and the provisions of this chapter. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 5, 1983. Formerly 17.08.050).
8.12.060 False alarms – Civil penalty.
(1) If an alarm or alarm system generates and transmits more than one false alarm to which either city fire department or police has responded in any 180-day period, the owner or other persons in control of the premises shall be liable for a civil penalty not to exceed $250.00. A minimum penalty shall be $50.00.
(2) If an alarm or alarm system generates and transmits more than two false alarms to which either city fire department or police has responded in any 180-day period, the owner or other persons in control of the premises shall be liable for a civil penalty not to exceed $250.00. A minimum penalty shall be $100.00.
(3) If an alarm or alarm system generates and transmits more than three false alarms to which either city fire department or police has responded in any 180-day period, the owner or other persons in control of the premises shall be liable for a civil penalty not to exceed $250.00. A minimum penalty shall be $150.00. (Ord. 1717 § 24, 2015; Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 891, 1991; Ord. 653 § 6, 1983. Formerly 17.08.060).
8.12.070 False alarms – Unintentional – Not a defense.
It shall not be a defense to a claim for penalty that the permit holder did not knowingly or intentionally cause the false alarm or that the holder did not negligently nor recklessly cause the false alarm. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 7, 1983. Formerly 17.08.070).
8.12.080 Permit – Revocation notification – Permittee’s right to be heard.
The chief of the concerned department may revoke any permit issued pursuant to the provisions of this chapter after giving written notice to the permit holder and an opportunity for the permit holder to be heard, if he determines that the alarm system installed pursuant to the permit has been installed, maintained or operated in violation of the provisions of this chapter, or of any term or condition of the permit, or for failure to pay the costs assessed pursuant in OHMC 8.12.040. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 8, 1983. Formerly 17.08.080).
8.12.090 Permit – Revocation – Effect on occupancy permits.
If a person loses a permit specified in this chapter, and by OHMC 8.05.070, such person is required to provide monitoring of automatic fire detection system for a building or for use in a building, by a U.L.-approved monitoring station. If no alternative monitoring system is obtained, the occupancy permit is revoked. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 1186 § 6, 1999; Ord. 947 § 1, 1993; Ord. 653 § 9, 1983. Formerly 17.08.090).
8.12.100 Appeals.
Whenever the chief of the relevant department shall disapprove an application for a license or revoke a license already issued, or when it is claimed that these provisions do not apply or that the true intent and meaning of these provisions have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief or the police chief to the board of appeals established under the building code within 30 days of the date of the decision to be appealed. This provision shall not apply to criminal penalties under OHMC 8.12.030. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 10, 1983. Formerly 17.08.100).
8.12.110 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 1635 § 4, 2012; Ord. 1516 § 1, 2007; Ord. 947 § 1, 1993; Ord. 653 § 11, 1983. Formerly 17.08.110).