Title 5 - Business Licenses and Regulations

5.06.052 Police Non-Response to Alarms and Permit Revocation.

1. A.
   Subsequent to the ninth false alarm during the calendar year, the Alarm Coordinator's office shall send notification to the alarm user by regular mail of the following information:
   That if an additional false alarm occurs during the calendar year, the Alarm Coordinator's office will review the alarm user's history to include past and ongoing efforts to eliminate false alarms. Based on this review, the Alarm Coordinator's office will make a recommendation to the Chief of Police as to whether the police should terminate its response to future burglar alarms and to revoke the alarm user's permit.
2. B.
   Upon receipt of a recommendation of non-response and permit revocation, the Chief of Police shall review the recommendation and may direct the non-response to any subsequent burglar alarms and revocation of alarm permit. Only the Chief of Police or the Acting Chief of Police may direct the non-response to burglar alarms and revocation of permit. The police non-response to burglar alarms and revocation of permit shall remain in effect until the alarm user meets the requirements for reinstatement of response and reissuance of revoked alarm permit as set forth herein. Only the Chief of Police or the Acting Chief of Police may direct the reinstatement of response to burglar alarms and reissuance of alarm permit.
3. C.
   Alarm users may appeal a non-response order and permit revocation to the municipal court in writing within 15 days after receipt of the notice of non-response from the Chief of Police. Police response and active status of alarm permit will continue while an appeal is pending. Appeals of non-response orders and permit revocation shall be conducted in accordance with the procedures set forth in O.P.M.C. Section 5.06.055.
4. D.
   Non-response orders, notice of permit revocation and information concerning the right to appeal the non-response order and permit revocation will be sent to the alarm user by certified mail at least thirty days prior to the effective date of the non-response order and permit revocation.
5. E.
   Alarm users may apply for reinstatement of police response to burglar alarms and reissuance of alarm permit by applying in writing on a form provided by the Alarm Coordinator's office. The Chief of Police may set aside the non-response order and reissue the alarm permit upon finding that reasonable efforts have been made to correct the alarm user’s problem with false alarms. Reasonable efforts shall include but not be limited to:

   1. 1.
      Submission of a written report from the alarm company servicing the alarm, certifying that the system has been inspected, repaired if required and that it is functioning properly.
   2. 2.
      Payment of all license permit and false alarm fees.
   3. 3.
      Proof of a valid alarm permit.
   4. 4.
      If a residence, the alarm user must show proof that the alarm user and all adults residing in the household where the alarm is located have received training from their alarm company on steps to avoid false alarms. The Chief of Police may waive this requirement at his or her discretion.
   5. 5.
      If a commercial establishment, the alarm user must show written proof that all supervisory personnel working on the alarmed premises have received training from their alarm company on steps to avoid false alarms. The Chief of Police may waive this requirement at his or her discretion.
   6. 6.
      Submission of a false alarm prevention report that clearly sets forth the actions taken to discover and eliminate false alarms and what actions will be taken in the future to eliminate false alarms. False alarm prevention report forms will be provided by the Alarm Coordinator's office.
   7. 7.

      Payment of a fifty dollar ($50) administrative review fee. If the Alarm Coordinator's office determines that the required corrective action has been taken, the office will submit a report to the Chief of Police documenting the corrective action and recommending whether the alarm user should be reinstated to response status and the user's permit reissued.

      Subsequent to reviewing the reinstatement recommendation of the Alarm Coordinator's office, the Chief of Police may reinstate police response to burglar alarms and reissue the user's alarm permit or may after consultation with the Alarm Coordinator's office, establish additional requirements to substantiate that "reasonable efforts" are being made to correct the problem with false alarms.

Activation of the alarm system during the period an alarm permit has been revoked shall constitute a violation of this ordinance. Violations may be prosecuted in the municipal court.

(History: Ord. APD-3040 §2, 2014; APD-1982 §6, 96)

Effective on: 1/1/1901