Chapter 5.55
SECURITY ALARM BUSINESSES
5.55.000 Chapter Contents
Sections:
5.55.010 Purpose.
5.55.011 Definitions.
5.55.020 License Required.
5.55.025 Licensing process.
5.55.030 License renewal.
5.55.040 Control number.
5.55.050 Installation standards.
5.55.060 Monitoring standards.
5.55.070 Public disclosure requirements.
5.55.080 Penalties for non-compliance.
5.55.090 Appeals.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.010 Purpose
To assure that responses to false alarms do not diminish the availability of police services to the general public and to assure that citizens who cannot afford or do not choose to operate security alarm systems are not penalized for their choice or condition, the City regulates alarm businesses and encourages the reduction or elimination of Department response to false alarms by requiring such businesses to be licensed and requiring them to comply with reasonable service quality and truth in advertising standards. (See also OMC Chapter 16.46.)
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.011 Definitions
The definitions in OMC 16.46.011 apply throughout this Chapter, unless the context clearly requires otherwise.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.020 License Required
A. It is unlawful for any alarm business to sell, lease, maintain, service, repair, alter, replace, move, install, respond to, or monitor security alarm systems located in the City without first obtaining an alarm business license pursuant to the provisions of this Chapter.
B. It is unlawful for any retail businesses to engage in the selling of security alarm systems or devices designed for “do-it-yourself” installation without first obtaining an alarm business license pursuant to the provisions of this Chapter.
C. Alarm businesses engaged in the installation, maintenance, and servicing of security alarm systems may also be required to have additional professional and technical licenses and to comply with other applicable codes.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.025 Licensing process
A. Applications for a license under this Chapter must be available from and be submitted to the City Clerk (or designee).
B. The license application must include, but is not limited to, the following:
1. An affidavit signed by a person authorized to act on behalf of the business committing the alarm business to comply with the provisions of this Chapter and OMC Chapter 16.46.
2. If the alarm business has had its license revoked under this Chapter, and is reapplying for a new license, an affidavit signed by a person authorized to act on behalf of the business detailing the corrective steps taken to restore eligibility for a license.
C. The City Clerk (or designee) shall issue a license under this Chapter to an alarm business that meets the following requirements:
1. The alarm business has submitted the application materials specified in OMC 5.55.025(B);
2. The alarm business has remitted the required license fee.
3. The alarm business is in compliance with the provisions of this Chapter and OMC Chapter 16.46.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.030 License renewal
Renewal of the license for an alarm business is contingent on the following conditions:
A. The alarm business has remained in compliance with the provisions of this Chapter and OMC Chapter 16.46 during the previous calendar year, and such compliance has been confirmed by the Alarm Administrator.
B. The alarm business has no outstanding penalty fees and is not in a license suspension period.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.040 Control number
A. On receipt of confirmation from the City Clerk (or designee) that an alarm business has been issued a license under this Chapter, the Alarm Administrator shall assign the licensee a unique control number.
B. The assigned control number remains valid for as long as the alarm business to which it is assigned remains licensed under this Chapter.
C. To register security alarm systems at security alarm sites in the City or make alarm dispatch requests to alarm sites in the City, the alarm business may be required to provide the Department (or designee) with its valid control number in the manner prescribed by the Alarm Administrator.
D. No alarm business shall presume, anticipate, or expect the registration of a security alarm system or police response to an alarm dispatch request in any circumstance where the alarm business has not been issued a valid control number, as specified in OMC 5.55.040(C).
(Ord. 7189 §1, 2019; Ord. 7187 §3, 2019; Ord. 6315 §1, 2004).
5.55.050 Installation standards
A. All security alarm systems that are installed or replaced in the City must have alarm panels that comply with the current ANSI Standard on security control panels, or must have real-time video or audio monitoring capability.
B. All robbery alarms designed to initiate an alarm dispatch request that are installed or replaced in the City must have at least two actions to activate.
C. All businesses installing or replacing security alarm systems in the City shall, prior to securing registration for and activating the system, complete both an Installer False Alarm Prevention Checklist and a Customer Training and False Alarm Prevention Checklist verifying that the alarm user has been properly prepared for use of the system and has been apprised of the rules and regulations governing the operation of alarm systems in the City.
D. No alarm business installing, replacing, or re-programming security alarm systems in the City may program a security alarm system to do any of the following:
1. Have an entry/exit delay of less than 45 seconds;
2. Have a siren, bell, or other signal audible from any property adjacent to the alarm site that sounds for more than five (5) consecutive minutes or three (3) repetitions of the five minute cycle without resetting.
3. Accept alarm inputs for the first sixty (60) seconds following a power restoration.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.060 Monitoring standards
A. Any security alarm monitoring business monitoring burglary alarm systems located in the City shall, prior to making an alarm dispatch request, do the following:
1. Attempt a verification call to the security alarm site;
2. If no responsible party is located on the initial verification call, attempt a second verification call to a cell phone or other alternate contact number designated by the alarm user.
3. This section does not apply to robbery alarms or to public schools on certain days and hours, as described in OMC 16.46.181(A)(1).
B. A security alarm monitoring business shall not initiate an alarm dispatch request when it knows, or reasonably should know, that the request relates to a security alarm site that is unregistered or that has had its registration suspended or revoked.
C. A security alarm monitoring business shall not initiate an alarm dispatch request to any security alarm site that it knows, or reasonably should know, is fitted with a protective-reactive device until a person responsible for the security alarm site has been contacted and has confirmed that the person responsible is en route to the security alarm site to disarm the security alarm system. In all cases where a protective-reactive device is present at a security alarm site, the alarm dispatch request must include a warning for officers not to enter the security alarm site until the responsible person is present and has disarmed the security alarm system.
(Ord. 7189 §1, 2019; Ord. 7187 §3, 2019; Ord. 6315 §1, 2004).
5.55.070 Public disclosure requirements
A. Any alarm business entering into a contract with an alarm user for the purchase and installation of a new security alarm system at an alarm site in the City shall, prior to final acceptance of that contract by the alarm user, provide the alarm user with a copy of the City’s Public Disclosure Statement For Security Alarm Users.
B. Any security alarm monitoring business entering into a contract with an alarm user for the monitoring of a new or existing security alarm system at an alarm site in the City shall, prior to final acceptance of that contract by the alarm user, provide the alarm user with a copy of the City’s Public Disclosure Statement For Security Alarm Users. If one alarm business contracts with a customer concurrently for installation and monitoring, only one disclosure statement is required.
C. Any retail business in the City offering security alarm systems or devices to the general public for “do-it-yourself” installation shall, at the time of sale, provide customers purchasing such systems or devices with a copy of the City’s Public Disclosure Statement For Security Alarm Users.
D. Proof of compliance with the public disclosure requirement is a precondition of initial alarm system registration (OMC 16.46.031). Receipt by the Alarm Administrator of a copy of the disclosure statement signed by the alarm user is appropriate proof of compliance.
E. The Alarm Administrator determines the content of the Public Disclosure Statement For Security Alarm Users and assures that all alarm businesses licensed under this Chapter are provided with a current, replicable version of the Statement.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.080 Penalties for non-compliance
A. An alarm business that does not comply with any standard or requirement specified this Chapter or OMC Chapter 16.46, or a security alarm monitoring business that does not comply with any standard or requirement specified in this Chapter or OMC chapter 16.46 will:
1. On the first offense, receive a written warning from the Alarm Administrator stating the nature of the violation and the consequences for future violations;
2. On the second offense, be assessed a penalty fee of $500 by the Alarm Administrator.
3. On the third offense, be assessed a penalty fee of $1,000 by the Alarm Administrator and receive a written warning of suspension.
4. On the fourth offense, have its security alarm business license suspended for one (1) year.
5. Any alarm business that has its security alarm business license suspended two or more times may have its license permanently revoked by the Alarm Administrator.
B. An alarm business licensed under this Chapter to engage in the sale of security alarm systems or devices that does not comply with OMC 5.55.070(C) will:
1. On the first offense, receive a written warning from the Alarm Administrator stating the nature of the violation and the consequences for future violations;
2. On the second offense, be assessed a penalty fee of $250 by the Alarm Administrator.
3. On the third and each subsequent offense, be assessed a penalty fee of $500 by the Alarm Administrator.
C. The Alarm Administrator shall notify an alarm business of any written warning, imposition of penalty fees, or license suspension or revocation involving that business. Such notification must include suspension starting and ending dates (when applicable) or revocation starting date (when applicable) and a description of appeal options and processes. The date a suspension or revocation starts must be no less than twenty (20) business days from the date notification is provided to the alarm business, to allow the business to notify its customers and make arrangements for the cessation of service.
D. The Alarm Administrator shall, after the date for appeal has passed, notify the public in a timely manner of any instance in which an alarm business has its license suspended or revoked. Such notification must be in a newspaper of general circulation and on the Department web site and must include the alarm business name, the reason for the action, and the dates the suspension begins and ends, or the date the revocation begins. In cases where an appeal is requested, public notification must take place after a decision is reached on the appeal. The alarm business is responsible for the actual cost of public notification.
(Ord. 7189 §1, 2019; Ord. 6315 §1, 2004).
5.55.090 Appeals
An alarm business that is assessed penalty fees or whose license is suspended or revoked may appeal such action as follows:
A. An alarm business initiates the appeal process by sending an appeal request, in the form of a letter to the Alarm Appeals Officer, requesting an appeal conference and specifying the reasons for the appeal. The appeal request must be received by the Alarm Appeals Officer within ten (10) business days after receipt of the certified letter notifying the business of the penalty fee or license suspension or revocation.
B. An alarm business may initiate an appeal under this section only on the grounds that the offense cited as the basis for a penalty fee or license suspension or revocation did not occur. The alarm business must, in its appeal request, describe credible evidence that it can produce to the Alarm Appeals Officer that supports its appeal.
C. The Alarm Appeals Officer may reject, without further process, an appeal request that is not supported by credible evidence. The Alarm Appeals Officer shall send written notice of rejection of an appeal request to the appellant within five (5) business days following receipt of the request by the Alarm Appeals Officer.
D. The filing of an appeal request with the Alarm Appeals Officer stays any pending penalty fee or license suspension or revocation until the Alarm Appeals Officer rejects the appeal, as described in 5.55.090(C), or renders a final decision.
E. The Alarm Appeals Officer shall conduct an appeal conference at a location within the City within fifteen (15) business days after receiving the appeal request.
F. At the appeal conference, the Alarm Appeals Officer shall consider evidence presented by any interested person(s). The alarm business has the burden to establish, based on credible evidence, that the violation(s) that it is the basis for the penalty fee or license suspension or revocation did not occur. The Alarm Appeals Officer shall make the appeal decision on the basis of the preponderance of evidence presented at the appeal conference.
G. The Alarm Appeals Officer shall issue a written appeal decision and shall provide the appellant and the Alarm Administrator a copy of the decision within ten (10) business days after the appeal conference is completed. The Alarm Appeals Officer may affirm, cancel, or modify the penalty fee or license suspension or revocation that is the subject of the appeal.
H. The official decision of the Alarm Appeals Officer is final, and no further appeals or remedies are available, except those provided by law.
I. The provisions of OMC 16.46.171 through .175, applicable to the Alarm Appeals Officer, are applicable to appeals heard under this Chapter.
(Ord. 7189 §1, 2019; Ord. 7187 §3, 2019; Ord. 6315 §1, 2004).