Chapter 5
ALARM SYSTEM BUSINESSESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919
3-5-1: DEFINITIONS:
3-5-2: PERMIT REQUIREMENTS; FEE:
3-5-3: AUDIBLE ALARM STANDARDS:
3-5-4: AUTOMATIC DIALING SYSTEMS PROHIBITED:
3-5-5: ALARM USERS:
3-5-6: MONITORING COMPANIES:
3-5-7: VERIFICATION PROCESS:
3-5-8: UNLAWFUL ACTIVATION OR REPORTING OF ALARM:
3-5-9: DETERMINATION OF FALSE ALARM; REBUTTABLE PRESUMPTION:
3-5-10: PENALTY FOR FALSE ALARM:
3-5-11: NO RESPONSE TO FREQUENT FALSE ALARMS; APPEAL OF NO RESPONSE DETERMINATION:
3-5-12: FINES COLLECTED DIRECTED TO CRIME PREVENTION PROGRAMS:
3-5-13: APPEAL:
3-5-14: PENALTY:

3-5-1: DEFINITIONS: linklink


As used in this chapter:

ALARM BUSINESS: An individual, partnership, corporation or other entity that engages in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing a security alarm system in an alarm site.

ALARM SITE: A single premises or location served by a security alarm system or systems. Each tenancy, if served by a separate security alarm system in a multi-tenant building or complex shall be considered a separate alarm site.

ALARM SYSTEM MONITORING COMPANY: Any individual, partnership corporation or other form of association that engages in the business of monitoring security alarm systems and reporting any activation of alarm systems to the police.

ALARM USER: Any individual, partnership, corporation or other form of association that owns or leases a security alarm system or on whose premises a security alarm system is maintained for the protection of the premises.

AUTOMATIC DIALING TELEPHONE ALARM: A security alarm system with a device that automatically dials the police department without human activation of the device by the alarm user.

CHIEF: The chief of police of the city of St. George and the chief's designee.

DEPARTMENT: The city of St. George police department.

DISPATCH OR RESPONSE: A discretionary decision whether to direct police units to a location where there has been a request, made by whatever means, for police assistance or investigation. There is no duty to dispatch under any circumstances, including to answer an alarm signal, and all dispatch decisions are made subject to competing priorities and available police resources.

FALSE ALARM: An alarm signal eliciting notification to and a response by the police when there is no evidence of crime or other activity that warrants a call for immediate police assistance, and no person who was on or near the property or has viewed a video communication from the property call for the police dispatch or confirmed the need for police assistance. "False alarm" does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances beyond the control of the alarm user.

SECURITY ALARM SYSTEM: Any system, device or mechanism for the detection and reporting of any unauthorized entry or attempted entry or property damage upon premises protected by the system that may be activated by sensors or other techniques and, when activated, automatically transmits a telephone message or emits an audible or visible, or electronic signal that can be heard, seen or received by persons outside of the protected premises and is intended to summon police assistance. (Ord. 5-4-1999, 5-6-1999)
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3-5-2: PERMIT REQUIREMENTS; FEE: linklink


A. Permit Required: No alarm user shall operate, or cause to be operated, or maintain a security alarm system without a valid alarm permit issued by the department. A separate permit is required for each security alarm system. (Ord. 5-4-1999, 5-6-1999)


B. Fee For Permit: There is a one time fee for permit issuance for security alarm systems in all city zoning districts, including, but not limited to, residential estate, residential, multiple-family residential, mobile home, commercial, manufacturing, administrative and professional office, planned development, open space, mining and grazing, and agricultural zones. The fee is in such amount as established by resolution of the city council. (Ord. 5-4-1999, 5-6-1999; amd. 2003 Code)


C. Information Required On Application: Each security alarm system permit application must include the following information:

1. The name, address, and telephone numbers of the alarm user or alarm user's designee who will be the permit holder and be responsible for the proper maintenance and operation of the security alarm system and payment of fees under this chapter;

2. The classification of the alarm site as either residential, commercial or multi-unit;

3. For each alarm security system located at the alarm site, the purpose of the security alarm system, i.e., burglary, holdup, duress, or other;

4. Signed certification from the alarm user, the alarm business and/or the security alarm system monitoring company stating:

a. The date of installation of the security alarm system;

b. The name, address and phone number of the alarm business performing the security alarm system installation, and the alarm business responsible for providing repair service to the security alarm system;

c. The name, address and phone number of the security alarm system monitoring company monitoring the security alarm system if different from the installing alarm business;

d. That a set of written operating instructions for the security alarm system, including written guidelines on how to avoid false alarms, has been left with the applicant alarm user; and

e. That the alarm business or security alarm system monitoring company trained the applicant alarm user in proper use of the security alarm system, including instructions on how to avoid false alarms.


D. Issuance; Conditions For Denial: Upon receipt of a completed application form and the permit fee, the department shall issue an alarm permit to an applicant unless the applicant has:

1. Failed to pay any fine assessed under sections 3-5-10 and 3-5-14 of this chapter; or

2. Had a security alarm system permit suspended or revoked, and the violation causing the suspension or revocation has not been corrected.


E. False Statements: Any false statement of a material fact made by an applicant alarm user, alarm business or security alarm monitoring business, for the purpose of obtaining an alarm permit, shall be sufficient cause for the department to refuse to issue a permit or to revoke an issued permit.


F. Transferability: An alarm permit cannot be transferred to another alarm user. The alarm user shall inform the department, within five (5) business days, of any event that changes, alters or modifies any material fact contained in the alarm permit application.


G. Fees Paid Prior To Permit Issuance: All fees owed by an alarm user applicant, an alarm business or a security alarm monitoring business listed on the alarm user permit application, must be paid before a permit may be issued.


H. Confidentiality: Information contained in permit applications shall be held in confidence by all employees or representatives of the city with access to such information to the extent that information contained in the permit applications is private, controlled or protected under the city government records access and management ordinance set forth in title 1, chapter 9 of this code. (Ord. 5-4-1999, 5-6-1999)

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3-5-3: AUDIBLE ALARM STANDARDS: linklink


A. Requirements Specified; Time Limit: A security alarm system that emits an audible signal that may be heard outside of the protected premises shall conform to the following requirements:

1. Audible alarms shall automatically discontinue emitting the audible sound within ten (10) minutes after activation of the alarm; and

2. With respect to security alarm systems in existence prior to the enactment of the ordinance codified herein that do not comply with subsection A1 of this section, the alarm user shall have ninety (90) days from the enactment of the ordinance codified herein which to make the necessary modifications to the security alarm system in order to comply the requirements of subsection A1 of this section.


B. Penalty: The sounding of an audible signal from a security alarm system that can be heard continuously off the premises for more than ten (10) minutes is a civil infraction and the alarm user, in addition to any other penalties specified herein, shall be penalized by a fine of fifty dollars ($50.00) for each offense.


C. Defenses: It is a defense to a violation of this section that the continuous sounding of the alarm:

1. Assisted in saving a life or avoided injury; or

2. Was caused by a malfunction of the alarm system equipment without the alarm user's prior knowledge of the cause of the malfunction; or

3. Was activated by an unauthorized entry or criminal activity. (Ord. 5-4-1999, 5-6-1999)

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3-5-4: AUTOMATIC DIALING SYSTEMS PROHIBITED: linklink

Beginning ninety (90) days after the effective date hereof, it shall be unlawful for any individual, partnership, corporation or other form of association to sell, offer for sale, install, maintain, operate or assist in the operation of any alarm system with an automatic dialing or digital alarm communicator features that automatically call the police in the event of an alarm.(Ord. 5-4-1999, 5-6-1999)
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3-5-5: ALARM USERS: linklink

An alarm user shall:


A. Elimination Of False Alarms: Maintain the premises and security alarm system in a manner that will eliminate false alarms;


B. Review Operating Instructions: Review all alarm system operating instructions, including those instruction for the verification of an alarm;


C. Notification Of False Alarm: Notify the alarm system monitoring company of a false alarm activation as soon as the alarm user is aware of the false alarm; and


D. Manual Activations: Not manually activate an alarm except when needing an immediate police response to an emergency. (Ord. 5-4-1999, 5-6-1999)

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3-5-6: MONITORING COMPANIES: linklink


A. Requirements: An alarm system monitoring company engaging in business activities in the city shall: (Ord. 5-4-1999, 5-6-1999; amd. 2003 Code)

1. Licensing: Obtain all necessary business licenses as required by the city and the state;

2. Records Maintenance: Maintain a current record, accessible to the chief at all times, that includes: the names of the alarm users serviced by the alarm system monitoring company; the addresses of the protected properties; the type of alarm system, original installation date and subsequent modifications, if any, for each protected property; and a record of the false alarms at each property;

3. Provide Requested Information: Provide the chief such information as the chief requests regarding: the nature of the company's security alarms; the company's method of monitoring the alarms; the company's program for preventing false alarms, including educational programs for alarm users; and the company's method for disconnecting audible alarms;

4. Provide Necessities To Users: Provide each of its alarm system users with: operating instructions for the alarm system, including an explanation of the alarm company's alarm verification process; a telephone number to call for assistance in operating the system; and a summary of the provisions of this chapter relating to penalties for false alarms and the possibility of no police response to alarm systems experiencingexcessive false alarms;

5. Verification Process: Maintain a verification process, as specified in section 3-5-7 of this chapter, for all monitored security alarm systems in order to prevent unnecessary police dispatches resulting from false alarms;

6. Requests For Response: Communicate requests for police response to the department in a manner specified by the chief;

7. Cancellations Of Responses: Communicate requests for cancellations of police response in a manner specified by the chief;

8. Records Of Responses: Maintain a record of all requests for police response to an alarm, including: the date and time of the alarm and request for police response; the alarm system user's name and address; evidence of the company's attempt to verify the alarm; and, to the best of its knowledge, an explanation of the cause of any false alarm; and

9. Cooperation: Work cooperatively with the alarm system user and the chief in order to determine the cause of any false alarm and to prevent recurrences.


B. Penalty: An alarm system monitoring company's failure to comply with any of the requirements of this section shall be a civil infraction, punishable by a fine of up to two hundred fifty dollars ($250.00). Each day of noncompliance shall constitute a separate offense. (Ord. 5-4-1999, 5-6-1999)

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3-5-7: VERIFICATION PROCESS: linklink


A. Means Of Verification: Verification process is an independent method of an alarm system monitoring company for determining that a signal from a security alarm system requires immediate police response. The verification process shall not take more than five (5) minutes, calculated from the time that the alarm company receives the alarm signal until the alarm company determines whether to request a police dispatch. The means of verification shall include at least one of the following:

1. Voice Communications: The establishment of voice communications with the alarm user or a person authorized by the user at or near the premises with the alarm who may indicate whether there is an immediate need for police response.

2. Special Signal: A feature that permits the alarm user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel the alarm immediately after the signal has been sent and prevent the alarm system monitoring company from calling the police or requesting a police response.

3. Video System: The installation of a video system that provides the alarm system monitoring company, when the alarm signal is received, the ability to ascertain whether activity is occurring that warrants immediate police response.

4. Confirmation: A confirmation that an alarm signal reflects a need for immediate police response from either the alarm user or a person authorized by the user of an alternate response agency made before dispatching the police.

5. Alternate System: An alternate system that the chief determines has or is likely to have a high degree of reliability.


B. Penalty: An alarm system monitoring company's failure to comply with any of the requirements of this section shall be a civil infraction, punishable by a fine of up to two hundred fifty dollars ($250.00). Each day of noncompliance shall constitute a separate offense. (Ord. 5-4-1999, 5-6-1999)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117648
3-5-8: UNLAWFUL ACTIVATION OR REPORTING OF ALARM: linklink


A. Prohibited: No person shall activate a security alarm system for the purpose of summoning the police except in the event of an unauthorized entry, robbery or other crime being committed or attempted on the premises, or if the person needs immediate assistance in order to avoid injury or serious bodily harm.


B. Malfunctions: Any person who shall notify the police of an activated alarm and have knowledge that such activation was apparently caused by an electrical or other malfunction shall at the same time notify the police of the apparent malfunction. (Ord. 5-4-1999, 5-6-1999)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117649
3-5-9: DETERMINATION OF FALSE ALARM; REBUTTABLE PRESUMPTION: linklink

For the purposes of this chapter, there is a rebuttable presumption that the following determinations made by the chief or by a police officer dispatched to the premises reporting an alarm signal are correct:


A. There is no evidence of a crime or other activity that would warrant a call for immediate police assistance at the premises;


B. No individual who was on or near the premises or who had viewed a video communication from the premises called for a police dispatch or verified a need for an immediate police response; and


C. There is no evidence that violent conditions of nature or other extraordinary circumstances beyond the control of the alarm user caused the activation of the alarm. (Ord. 5-4-1999, 5-6-1999)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117650
3-5-10: PENALTY FOR FALSE ALARM: linklink

A false alarm is a civil infraction. Following one false alarm offense in a twelve (12) month period, the alarm system user shall be penalized by a fine of fifty dollars ($50.00) for each subsequent offense. (Ord. 5-4-1999, 5-6-1999)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117651
3-5-11: NO RESPONSE TO FREQUENT FALSE ALARMS; APPEAL OF NO RESPONSE DETERMINATION: linklink


A. Conditions Warranting Disregard Of Call: When the chief of police determines whether to make an immediate dispatch in response to notification of a signal from a security alarm system, the chief may disregard a call for police assistance when:

1. The call for assistance comes from an alarm system for a premises that has a record of sending four (4) false alarms in a six (6) month period; and

2. The call is the only basis for making the dispatch.

The chief may consider such a call for assistance as an additional factor in the chief's decision to order an immediate police response when an in person call, verification from a person at or near the premises or other independent evidence shows need for immediate police assistance at the premises.


B. Written Notice: To discourage false alarms, the chief shall adopt a process of sending a letter or delivering other written notice informing the alarm user who has had a false alarm of the consequences of excessive false alarms, the need to take corrective action, and the prospect that four (4) false alarms in a six (6) month period shall result in the police disregarding alarms from the premises and not responding to requests for immediate police assistance unless there is an in person call for assistance from someone at or near the premises or other independent information that verifies the need for an immediate police response.


C. Content Of Notice Of No Response: Before determining not to respond to alarms from a premises as specified above, the chief shall send or deliver notice to the alarm user that:

1. Four (4) false alarms have been received from the property within a six (6) month period;

2. The remedy authorized in subsection A of this section may be taken;

3. The alarm system user may request a hearing before the chief or the chief's designee and explain why the chief should not take the proposed action;

4. If no hearing is requested, the department will, after ten (10) days from the delivery of the notice, disregard alarms from the premises unless there is an in person call for assistance from someone at or near the premises or other independent information that verifies the need for an immediate police response; and

5. A requirement of an in person communication or other verification shall remain in effect for a period of one year.


D. Hearing: If a hearing is requested, the chief shall schedule the hearing within ten (10) days of the receipt of the request. At the hearing, the chief may consider such factors as: the steps that the alarm user or alarm system monitoring company has taken, or is taking, to correct the problem; the incidence of crime in the area of the premises; the facts and circumstances of the false alarms; and other relevant information presented by the alarm user or the alarm system monitoring company.


E. Suspension Of No Response: The chief may suspend or cancel the remedy under subsection A of this section if the chief determines that the alarm user or alarm system monitoring company has taken appropriate actions to prevent the recurrence of false alarms. (Ord. 5-4-1999, 5-6-1999)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117652
3-5-12: FINES COLLECTED DIRECTED TO CRIME PREVENTION PROGRAMS: linklink

All fines collected pursuant to the provisions of this chapter shall be directed to the department for expenditure on crime prevention programs as established by the chief. (Ord. 5-4-1999, 5-6-1999)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117653
3-5-13: APPEAL: linklink

Any fines imposed under this chapter are appealable to the fifth judicial district court in and for Washington County. The appeal is barred unless it is filed within thirty (30) days after imposition of the fine. (Ord. 5-4-1999, 5-6-1999)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117654
3-5-14: PENALTY: linklink


A. Infraction: The violations of the sections of this chapter shall be a civil infraction and punishable by a fine of fifty dollars ($50.00), unless otherwise specified.


B. Conduct Constituting Infraction: The following conduct shall constitute a civil infraction and is punishable by a fine of fifty dollars ($50.00):

1. Failure to respond to a false alarm notice within fifteen (15) days of receipt of the notice;

2. Failure to appear for a hearing requested pursuant to this chapter; and

3. Failure to pay any fine imposed pursuant to this chapter. (Ord. 5-4-1999, 5-6-1999)


http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13919#s117655