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HomeMy WebLinkAboutOrdinance 5083 ORDINANCE NO, 5083 AN ORDINANCE ADOPTING A FALSE ALARM REDUCTION ORDINANCE TO IMPROVE PUBLIC SAFETY BY REDUCING EMERGENCY RESPONSES TO FALSE ALARMS; AND TO ENCOURAGE ALARM USERS TO PROPERLY USE AND MAINTAIN THE OPERATIONAL EFFECTIVENESS OF ALARM SYSTEMS IN ORDER TO REDUCE OR ELIMINATE FALSE ALARMS. WHEREAS, the Fayetteville Police Department received over 42,360 calls in 2006, of which 3,851 were from alarms; and, WHEREAS, of these 3,851 calls from alarm systems, 3,823 (or 99.2%) were false alarms; and, WHEREAS, sending an emergency response to a false alarm decreases the availability of police officers to respond to true emergencies, thereby decreasing public safety; and, WHEREAS, it has been determined that often these false alarms are the result of the property owner's failure to properly maintain the alarm systems; and, WHEREAS, this Ordinance contains provisions which strive to reduce false alarms, sets forth a permitting system with controls to facilitate the reduction of false alarms, and requires the disciplined use of alarm systems by Alarm Users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYFITEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas, hereby adopts a False Alarm Reduction Ordinance, the full text of which, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Clerk shall place an item on the agenda of the City Council's regular meeting held on February 3 2009, to review the False Alarm Reduction Ordinance. Page 2 Ord. 5083 Section 3. Effective Date. In order to allow sufficient time to establish the alarm permit system and issue the necessary permits, this ordinance shall take effect 120 days from the date of passage. PASSED and APPROVED this 20h day of November, 2007. G Yo 06 c' 00 , APPROVED: ATTEST: = ; FAY ETTEVILLE ' 0NSP09 By: By: DAN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer EXHIBIT "A" 130.23 False Alarm Reduction responsible use, operation, and maintenance of Alarm Systems and the (A) Definitions. For the purposes of this problems created by False Alarms. Section, the following definitions shall apply unless the context clearly indicates or Alarm User means any Person, who requires a different meaning. operates an Alarm System . Alarm Administrator means a Arming Station means a device that Person or Persons designated by the Chief allows control of an Alarm System . of Police to administer, control and review False Alarm reduction efforts and administer Automatic Voice Dialer means any the provisions of this Section . electrical, electronic, mechanical, or other device capable of being programmed to Alarm Dispatch Request means a send a prerecorded voice message, when notification to the Fayetteville Police that an activated , over a telephone line, radio, or alarm, either manual or automatic, has been other communications system, to the activated at a particular Alarm Site. Fayetteville Police requesting dispatch. Alarm Installation Company means Burglar Alarms means any system a Person who sells, provides, maintains, or device detecting and reporting any services, repairs, alters, replaces, moves, unauthorized entry or attempted entry or and/or installs an Alarm System at an Alarm property damage upon real property Site. Alarms on automatic teller machines are included in this definition. Alarm User Permit means a permit issued by the City to the Alarm User to Cancellation means the process operate an Alarm System, obtained after the where a dispatch is terminated when an Alarm User makes written application to Alarm Installation Company or Alarm either the Alarm Installation Company, Monitoring Company for the Alarm Site Alarm Monitoring Company, or in the case of notifies the Fayetteville Police before their a Local Alarm, the Alarm Administrator. arrival that there is not an existing situation at the Alarm Site requiring response after an Alarm Dispatch Request. Alarm Site means a single fixed premise or location served by an Alarm Conversion means the transaction System or Systems. Each unit, if served by or process by which one Alarm Installation a separate Arming Station in a multi-unit Company or Monitoring Company begins building or complex, shall be considered a the servicing , monitoring or both of a separate Alarm Site. previously unmonitored Alarm System, or an Alarm System previously serviced or Alarm System means a device or monitored or both by another Alarm series of devices, including, but not limited Company. to, hardwired systems and systems interconnected with a radio frequency Dispatch means the process in method such as cellular or private radio which the Fayetteville Police is instructed to signals, which emit or transmit a remote or respond to an alarm. local audible, visual or electronic signal indicating an alarm condition and intended False Alarm means an Alarm to summon a police response, including Dispatch Request to summon the Local Alarm Systems, Alarm System does Fayetteville Police to a non-emergency not include an alarm installed in a vehicle or situation . For enforcement purposes, any on someone s person. Dispatch Request cancelled prior to the arrival of the Fayetteville Police at the Alarm Alarm User Awareness Class Site will still not be counted as a False means a class conducted for the purpose of Alarm. educating Alarm Users about the Grace Period means a specified police assistance in order to avoid injury, length of time from the date of installation or serious bodily harm or death at the hands of ConversionfTakeover during which no the perpetrator of the robbery or other crime occurrence, fine or penalty is assessed for False Alarms. Takeover means the transaction or process by which an Alarm User takes over control of an existing Alarm System, which Local Alarm System means any was previously controlled by another Alarm Alarm System, which is not monitored, that User. emits or transmits a local audible, visual or electronic signal indicating an alarm Verify means an attempt by the condition only at the Alarm Site. Monitoring Company, or its representatives, to contact the Alarm Site by telephonic or Monitoring Company means a other electronic means, whether or not Person in the business of providing Alarm actual contact with a Person is made, to Monitoring services. determine whether an alarm signal is valid before requesting a police dispatch, in an Monitoring means the process by attempt to avoid an unnecessary Alarm which a Monitoring Company receives Dispatch Request. For purposes of this signals from an Alarm System and relays an Section, verify requires, that if the initial call Alarm Dispatch Request to the Fayetteville to the Alarm Site is unanswered, the Police for the purpose of summoning a Monitoring Company must make a second police response to an Alarm Site. call to reach a Responsible Individual at a different number than the one listed as the Alarm Site telephone number. This process Purchase means the transaction or is known as ECV, or Enhanced Call process by which an Alarm Company Verification. assumes control or possession of an existing alarm account. Zones mean division of devices into which an Alarm System is divided to indicate Response means the dispatch of the general location from which an Alarm Fayetteville Police personnel to the System signal is transmitted. premises where an Alarm System has been activated. (B) Administration and funding. Responsible Individual means an ( 1 ) Responsibility for administration of individual who is able and has agreed to: this Chapter is vested with the Chief of Police -receive notification of an Alarm System activation at any time, (2) The Chief of Police designates an Alarm Administrator to carry out the duties -respond to the Alarm Site within 30 and functions described in this Chapter. minutes at any time, and , (3) Monies generated by false alarm -grant access to the Alarm Site and service fees pursuant to this Chapter shall deactivate the Alarm System upon be dedicated for use by the Department request. directly for administration of the alarm program and for recovery of general police Robbery alarm (also hold-up services lost to false alarm response. alarm or panic alarm) means an alarm signal generated by the manual or automatic (4) The Alarm Administrator shall activation of a device, or any system, conduct an annual evaluation and analysis device, or mechanism on or near the of the effectiveness of this Chapter and premises intended to signal that a robbery or identify and implements system other crime is in progress, and that one or improvements, as warranted. more persons are in need of immediate - 2 - P Permit required: Application: numbers of the Person who will Transferability; False Statements. be the Permit holder and be responsible for the proper (1 ) No Alarm User shall operate, or maintenance and operation of cause to be operated, an Alarm System at the Alarm System, its Alarm Site without a valid Alarm Permit. A separate Alarm Permit is required for each (b) the classification of the Alarm Alarm Site. Site (e.g. single or multi-family residential, commercial, (2) Existing Alarm System. Any alarm warehouse, governmental, etc. ); system which has been installed before the effective date of this chapter shall be (c) mailing address, if different from registered by the Alarm User within 120 the address of the Alarm Site, (One Hundred Twenty) days of such effective date. (d) the date of installation, Conversion or Takeover of the (3) Alarm Systems. Any Alarm System Alarm System, that is installed on a protected premises located within the City of Fayetteville, the (e) the name, address, and Alarm User shall have ten ( 10) days from telephone number of the Alarm the date of the installation to notify the Alarm Installation Company or Administrator that an alarm system has companies performing the been installed and the send the Alarm Alarm System installation, Administrator the name and address of the Conversion or Takeover, and of Alarm User and a copy of the Customer the Alarm Installation Company False Alarm Prevention Checklist. Failure of responsible for providing repair an Alarm User to notify the Alarm service to the Alarm System; Administrator of a new Alarm System installation within ten (ten) days following (f) the name, address, and installation shall result in a fee of $100 00. telephone number of the monitoring Company, if different from the Alarm Installation (4) The Alarm Permit application must Company, any protective t be submitted by the Alarm User to the Alarm reactive systems , and, Administrator at the time of an Alarm System installation or Takeover. All Local (g) signed certification from the Alarm System applications must be Alarm User stating that: submitted to the Alarm Administrator at the time of an Alarm System installation or i a set of written operating Takeover by the next business day. The instructions for the Alarm Alarm Permit shall be effective until such System, including written time as the registered Alarm User no longer guidelines on how to avoid occupies the Alarm Site. False Alarms, have been left with the applicant by the (5) An Alarm Monitoring Company or Alarm Installation Company, Alarm Installation company may provide the information for an Alarm Permit to the Alarm ii. the Alarm Installation Administrator on behalf of the Alarm User. Company has trained the applicant in the proper use of the Alarm System, (6) Each Alarm Permit application must including instructions on include the following information: how to avoid False Alarms; and , (a) the name, complete current address, (including apartment or iii the Alarm User is aware of suite number), and telephone the fact that a police . 3 - response may be influenced Alarm System was intended to by factors including, but not report. limited to, the availability of police units, priority of calls, (2) An Alarm User shall have a weather conditions, traffic Licensed Alarm Installation Company conditions, and staffing inspect the Alarm System after three (3) levels. False Alarms within a revolving three-month period. The Alarm Administrator may waive (7) Any false statement of a material a required inspection if (s)he determines that fact made by an applicant for the purpose a False Alarm(s) could not have been of obtaining an Alarm Permit shall be related to a defect or malfunction in the sufficient cause for imposition of a fee prior Alarm System. to the issuance of a Permit by the Alarm Administrator. (3) An Alarm User shall not use Automatic Voice Dialers to notify the (8) An Alarm Permit cannot be Fayetteville Police Department transferred to another Person or Alarm Site. An Alarm User shall inform the Alarm (4) An Alarm User shall maintain at Installation or Alarm Monitoring Company, in each Alarm Site an Alarm Permit and a set case of a monitored Alarm System, or the of written operating instructions for each Alarm Administrator, in the case of a non- Alarm System. monitored Alarm System, of any change to any of the information on the Alarm Permit (5) Alarm Users may agree with their application within five (5) business days of Alarm Installation Company or Monitoring such change. Company to go through a grace period for the first seven (7) days after installation of (9) An Alarm Permit is good for two (2) an Alarm System during which time neither years from the issued date. the Alarm Installation Company nor the Monitoring Company will have any obligation (10) The Alarm User is solely to respond to any Alarm Signal from the responsible for the payment of any fee for Alarm Site. If the Alarm Signal is the result services. of an actual alarm event, the Alarm Installation Company or the Monitoring (11 ) Per A.C.A. 17-40-106, the Alarm Company shall send an Alarm Dispatch to Permit will be given at no cost to the Alarm the Fayetteville Police. User. (D) Duties of the Alarm User. (E) Duties and Authority of the Alarm Administrator (1 ) An Alarm User shall: (1 ) The Alarm Administrator shall (a) maintain the Alarm Site and establish a procedure for notification to the the Alarm System in a manner that Alarm User of the occurrence of a False will minimize or eliminate False Alarm . Such notice shall include: Alarms; (a) the date and time of police (b) make every reasonable response to the False Alarm, effort to have a Responsible Individual available at the Alarm Site (b) the response incident number; within 30 minutes after an Alarm and, Dispatch Request, and, (c) a statement urging the Alarm User to ensure that the Alarm (c) not activate an Alarm System is properly operated, System for any reason other than an inspected, and serviced in order occurrence of an event that the to avoid False Alarms and resulting fee for service. - 4 - Activation of a robbery alarm shall be (2) The Alarm Administrator or the deemed an intentional act for which a Fayetteville Police may create and required fee shall be deemed imposed for implement an Alarm User Awareness Class. false alarms. Any alarm user of such alarms The Alarm Administrator may request the shall pay the city a fee for each and every assistance of False Alarm Associations, false robbery alarm to which police respond . alarm companies and emergency service agencies in developing and implementing # of False Alarms Feefor Service the class. The class shall inform Alarm 1 $0.00 Users of the problems caused by False 2-3 $ 100.00 Alarms and teach Alarm Users how to avoid 4 or more $200.00 False Alarms. (F) Fees /or Service. The higher fee will continue to be assessed until the alarm user submits a certification ( 1 ) An Alarm User shall be subject to a from an Alarm Installation Company, stating that the Alarm System has been inspected fee for service, depending on the number of and repaired (if necessary)proper the Alarm False Alarms within a calendar year based Installation Company and proper training upon the following schedule: has been provided to the alarm user. # of False Alarms Fee for Service 1 $0.00 A $25.00 late fee will be assessed for each 2 $75. 00 false alarm invoice not paid within 30 days 3 $100. 00 of notice. 4 $150.00 5 $200.00 (H) Alarm Cancellations. 6 or more $250. 00 ( 1 ) The Monitoring Company shall (2) In addition, any Person operating a communicate Verified Cancellations of non-permitted Alarm System will be subject Alarm Dispatch Requests to the Fayetteville to an additional fee for service of $250. 00. Police in a manner and form prescribed by The Alarm Administrator may waive the this Section. additional fee for non-permitted Alarm (2) In order for the Fayetteville Police to Systems, if the Alarm User submits an verify the identity of the Monitoring Company application for Alarm Permit within ten ( 10) and to confirm that the correct Alarm days after notification of such a violation . Dispatch Request is Cancelled, Monitoring (3) An audible alarm that has not been Companies must use the Incident Number called into the Fayetteville Police given to them by the Fayetteville Police Department by an Alarm Monitoring Service when the alarm call was first made. shall not constitute a false alarm under this (3) For Alarm Systems that utilize a section. Monitoring Company, a request for (4) Notice of the right of Appeal under Cancellation of an Alarm Dispatch Request this ordinance shall be included with any fee will only be accepted from the Monitoring for service. Company and only after the Incident Number has been reported to the (5) A $25.00 late fee will be assessed Fayetteville Police. for each false alarm invoice not paid within (4) If a cancellation occurs prior to law 30 days of notice. enforcement arriving at the scene, this is not a False Alarm for the purpose of fees for (G) Robbery Alarm. service and no fee will be assessed. (5) Robbery alarms from financial institutions cannot be canceled and an - 5 - officer response is mandatory per the police response to the Alarm Site by again Policies and Procedures of the Fayetteville suspending the Alarm Permit if it is Police Department. In this situation, if a determined that two (2) False Alarms have financial institution employee contacts the occurred within one hundred eighty ( 180) Fayetteville Police Department to notify of a days after the reinstatement date. false alarm prior to the Alarm Monitoring Company notifying of an alarm dispatch request, then this will be considered a (J) Appeals. cancellation request and no fee will be assessed. ( 1 ) If the Alarm Administrator assesses a Fee for Service, the Alarm Administrator (1) Suspension of Response. shall send written notice of the action and of the right to appeal to the Alarm User. (1 ) The Alarm Administrator may suspend police response to an Alarm Site by (2) The Alarm User may appeal an revoking the Alarm Permit if it is determined assessment to the Alarm Administrator by that: setting forth in writing the reasons for the appeal within fifteen ( 15) business days after (a) The Alarm User has 6 or receipt of the fee for service or a notice of more False Burglary Alarms within a revocation. twelve ( 12) month period, or, (3) The Alarm User may appeal an (b) There is a statement of a adverse decision of the Alarm Administrator material fact known to be false in to the False Alarm Appeals Panel as follows: the application for a permit; or, (a) The Alarm User may file a (c) The Alarm User has failed written request for review of an to make timely payment of a fee for adverse decision of the Alarm service assessed, or, Administrator by paying an appeal fee of $25.00, and setting forth the (d) The Alarm User has failed reasons for the appeal within fifteen to submit a written certification from ( 15) business days after the date of an Alarm Installation Company that notification of an adverse decision complies with the requirements of from the Alarm Administrator. this article, stating that the Alarm Appeal fees shall be fully refunded if System has been inspected and the appeal is granted. repaired (if necessary) and/or additional training has been (b) The False Alarm Appeals conducted by the Alarm Installation Panel shall be comprised of five (5) Company members, each to be appointed by the Chief of Police, to serve a term (2) A Person commits an offense if of three (3) years. The panel will he/she operates an Alarm System during the consist of an alarm industry period in which the alarm permit is representative, a member of the suspended and is subject to enforcement Fayetteville Police Department, and and Fees. an at large citizen of Fayetteville. (3) Unless there is separate indication (c) The False Alarm Appeals that there is a crime in progress, the Panel shall conduct a review within Fayetteville Police Department may refuse a thirty (30) days of the receipt of the officer response to an Alarm Dispatch request, and consider all evidence Request at an Alarm Site for which the presented by any interested Alarm Permit is suspended . Person(s). The False Alarm Appeals Panel shall make its (4) If the Alarm Permit is reinstated the decision based upon the Alarm Administrator may again suspend preponderance of the evidence 6 - presented. The False Alarm (a) Submits a new application, Appeals Panel shall render its and , decision to either affirm or reverse the decision of the Alarm (b) pays, or otherwise resolves, Administrator no later than ten ( 10) all outstanding citations, fees and days after the date of the hearing. fines, and, (4) The filing of a request for appeal (c) submits a certification from shall stay enforcement and collection of any an Alarm Installation Company, fee for service assessed, until such time as stating that the Alarm System has the False Alarm Appeals Panel renders it been inspected and repaired (if decision. If a request for appeal is not made necessary) by the Alarm Installation within the fifteen ( 15) period set forth at Company, subsection (J)(3) (a) above, the action of the Alarm Administrator shall be deemed final. (2) In addition, the Alarm Administrator may require one or more of the following as (5) The Alarm Administrator or the a condition to reinstatement False Alarm Appeals Panel may adjust the accrued number of False Alarms based on (a) proof that an employee of evidence that: the Alarm Installation Company or Monitoring Company caused the (a) a False Alarm was caused by False Alarm; the actions of the telephone company, Alarm Installation (b) upgrade the alarm control Company, and/or the Monitoring panel to CP-01 Compliant Panel, Company, or, (c) a written statement from an (b) a False Alarm was caused by a independent inspector designated power outage lasting longer by the Chief of police that the Alarm than four (4) hours; or, System has been inspected and is in good working order, (c) shows that the Alarm Dispatch Request was not a False Alarm, (d) confirmation that all motion or, detectors are dual technology type; (d) the officer response was not (e) confirmation that the Alarm completed in a timely fashion, System requires two independent and/ or, zones to trigger before transmitting an alarm signal to the Monitoring (6) In determining the number of False Company, Alarms, multiple alarms occurring in any twenty-four (24) hour period may be counted (f) confirmation that the Alarm as one False Alarm: to allow the alarm use System requires two independent time to take corrective action unless the detectors to trigger before false alarms are directly caused by the transmitting an alarm signal to the alarm user. Monitoring Company, (K) Reinstatement. (g) certification that the Monitoring Company will not make (1 ) A Person whose Alarm Permit has an Alarm Dispatch Request unless been revoked may, at the discretion of the the need for a officer is confirmed by Alarm Administrator or the Chief of Police a listen-in device, have the Alarm Permit reinstated by the Alarm Administrator or the Chief of Police if (h) certification that the the Person: Monitoring Company will not request an Alarm Dispatch unless the need - 7 - for a officer/deputy is confirmed by a camera device, or (i) certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need for a officer is confirmed by a Person at the Alarm Site. Q) alarm user successfully completes an on-line alarm awareness class and test. (L) Government Immunity. An Alarm Permit is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an Alarm Permit, the Alarm User acknowledges that Fayetteville Police Department response may be influenced by factors such as the availability of officers, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. - g - City of Fayetteville Staff Review Form v City Council Agenda Items /0 / and 5g 3 Contracts, Leases or Agreements 1 OI 2007 City Council Meeting Date � ,✓,/,Lc / � !/ f' ' Agenda hems Only Greg Tabor Police Police Submitted By Division Department Action Required: City Council adopt the attached False Alarm Reduction Ordinance. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached twsl Previous Ordinance or Resolution # Department Date Original Contract Date: ' / Z Original Contract Number: City Attorney Date Received in City Clerk's office Y I CxaSlt.� l 1 -5 -�7 Finance and Internal Service Director Date / L Received in ,ZOA A*74c7j, Mayor's Office Mayor Date Comments: Revised April 16, 2007 l FAYETTEVILLE POLICE J THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 9KANti� TO: Mayor Dan Coody and Members of the City Council FROM: Greg Tabor, Chief of Police DATE: October 31 , 2007 SUBJECT: False Alarm Reduction Ordinance Recommendation : Council adopts the attached False Alarm Reduction Ordinance. Backeround: In 2006, the Fayetteville Police Department responded to 3851 alarm calls. Of those calls, only 28 resulted in a report and/or arrest. The result is a 99% false alarm rate. Alarms require two officers per call. An average of 25 minutes is spent on each alarm call. This results in an estimated cost of $ 105,611 .00. Discussion: The False Alarm Reduction Association and National Burglar and Fire Alarm Association model ordinance was used when drafting this ordinance. It was also presented to the Ordinance Review Committee, which passed it on to the Council with a recommendation to pass. Budget Impact: Budget impact will not be known until after a proposal is selected from a third-party administrator. This company would be responsible for registration, alarm tracking, billing, and fee collection. This company would assess its costs from these fees and the remaining balance, if any, would be returned to the city and used to offset the Police Department's cost of responding to these alarms. Estimates from alarm tracking and billing companies indicate they historically only recover 2/3 of the fees assessed. Because of this, the Police Department would not recover its entire costs. FAYETTEVILLE POLICE DEPARTMENT 100•A WEST ROCK STREET (DELIVERIES) POLICE: 10D-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479.587.3522 ORDINANCE NO. AN ORDINANCE ADOPTING A FALSE ALARM REDUCTION ORDINANCE TO IMPROVE PUBLIC SAFETY BY REDUCING EMERGENCY RESPONSES TO FALSE ALARMS; AND TO ENCOURAGE ALARM USERS TO PROPERLY USE AND MAINTAIN THE OPERATIONAL EFFECTIVENESS OF ALARM SYSTEMS IN ORDER TO REDUCE OR ELIMINATE FALSE ALARMS. WHEREAS, the Fayetteville Police Department received over 42,360 calls in 2006, of which 3,851 were from alarms; and, WHEREAS, of these 3,851 calls from alarm systems, 3,823 (or 99.2%) were false alarms; and, WHEREAS, sending an emergency response to a false alarm decreases the availability of police officers to respond to true emergencies, thereby decreasing public safety; and, WHEREAS, it has been determined that often these false alarms are the result of the property owner's failure to properly maintain the alarm systems; and, WHEREAS, this Ordinance contains provisions which strive to reduce false alarms, sets forth a permitting system with controls to facilitate the reduction of false alarms, and requires the disciplined use of alarm systems by Alarm Users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby adopts a False Alarm Reduction Ordinance, the full text of which, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Clerk shall place an item on the agenda of the City Council's first regular meeting held in . 2009, to review the False Alarm Reduction Ordinance. Section 3. Effective Date. In order to allow sufficient time to establish the alarm permit system and issue the necessary permits, this ordinance shall take effect on .2008. PASSED and APPROVED this 20th day of November, 2007. APPROVED: By: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" Draft -10-16-2007 130.23 False Alarm Reduction (A) Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alarm Administrator means a Person or Persons designated by the Chief of Police to administer, control and review False Alarm reduction efforts and administer the provisions of this Section. Alarm Dispatch Request means a notification to the Fayetteville Police that an alarm, either manual or automatic, has been activated at a particular Alarm Site. Alarm Installation Company means a Person who sells, provides, maintains, services, repairs, alters, replaces, moves, and/or installs an Alarm System at an Alarm Site. Alarm User Permit means a permit issued by the City to the Alarm User to operate an Alarm System, obtained after the Alarm User makes written application to either the Alarm Installation Company, Alarm Monitoring Company, or in the case of a Local Alarm, the Alarm Administrator. Alarm Site means a single fixed premise or location served by an Alarm System or Systems. Each unit, if served by a separate Arming Station in a multi -unit building or complex, shall be considered a separate Alarm Site. Alarm System means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon a police response, including Local Alarm Systems. Alarm System does not include an alarm installed in a vehicle or on someone's person. Alarm User Awareness Class means a class conducted for the purpose of educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems and the problems created by False Alarms. Alarm User means any Person, who operates an Alarm System. Arming Station means a device that allows control of an Alarm System. Automatic Voice Dialer means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio, or other communications system, to the Fayetteville Police requesting dispatch. Burglar Alarms — means any system or device detecting and reporting any unauthorized entry or attempted entry or property damage upon real property. Alarms on automatic teller machines are included in this definition. Cancellation means the process where a dispatch is terminated when an Alarm Installation Company or Alarm Monitoring Company for the Alarm Site notifies the Fayetteville Police before their arrival that there is not an existing situation at the Alarm Site requiring response after an Alarm Dispatch Request. Conversion means the transaction or process by which one Alarm Installation Company or Monitoring Company begins the servicing, monitoring or both of a previously unmonitored Alarm System, or an Alarm System previously serviced or monitored or both by another Alarm Company. Dispatch means the process in which the Fayetteville Police is instructed to respond to an alarm. False Alarm means an Alarm Dispatch Request to summon the Fayetteville Police to a non -emergency situation. For enforcement purposes, any Dispatch Request cancelled prior to the arrival of the Fayetteville Police at the Alarm Site will still not be counted as a False Alarm. Grace Period means a specified length of time from the date of installation or Conversion/Takeover during which no occurrence, fine or penalty is assessed for False Alarms. Local Alarm System means any Alarm System, which is not monitored, that emits or transmits a local audible, visual or electronic signal indicating an alarm condition only at the Alarm Site. Monitoring Company means a Person in the business of providing Alarm Monitoring services. Monitoring means the process by which a Monitoring Company receives signals from an Alarm System and relays an Alarm Dispatch Request to the Fayetteville Police for the purpose of summoning a police response to an Alarm Site. Purchase means the transaction or process by which an Alarm Company assumes control or possession of an existing alarm account. Response means the dispatch of Fayetteville Police personnel to the premises where an Alarm System has been activated. Responsible Individual means an individual who is able and has agreed to: -receive notification of an Alarm System activation at any time; -respond to the Alarm Site within 30 minutes at any time; and, -grant access to the Alarm Site and deactivate the Alarm System upon request. Robbery alarm (also hold-up alarm or panic alarm) means an alarm signal generated by the manual or automatic activation of a device, or any system, device, or mechanism on or near the premises intended to signal that a robbery or other crime is in progress, and that one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death at the hands of the perpetrator of the robbery or other crime Takeover means the transaction or process by which an Alarm User takes over control of an existing Alarm System, which was previously controlled by another Alarm User. Verify means an attempt by the Monitoring Company, or its representatives, to contact the Alarm Site by telephonic or other electronic means, whether or not actual contact with a Person is made, to determine whether an alarm signal is valid before requesting a police dispatch, in an attempt to avoid an unnecessary Alarm Dispatch Request. For purposes of this Section, "verify" requires, that if the initial call to the Alarm Site is unanswered, the Monitoring Company must make a second call to reach a Responsible Individual at a different number than the one listed as the Alarm Site telephone number. This process is known as "ECV," or Enhanced Call Verification. Zones mean division of devices into which an Alarm System is divided to indicate the general location from which an Alarm System signal is transmitted. (B) Administration and funding. (1) Responsibility for administration of this Chapter is vested with the Chief of Police (2) The Chief of Police designates an Alarm Administrator to carry out the duties and functions described in this Chapter. (3) Monies generated by false alarm service fees pursuant to this Chapter shall be dedicated for use by the Department directly for administration of the alarm program and for recovery of general police services lost to false alarm response. (4) The Alarm Administrator shall conduct an annual evaluation and analysis of the effectiveness of this Chapter and identify and implements system improvements, as warranted. (C) Permit required; Application; numbers of the Person who will Transferability; False Statements. be the Permit holder and be responsible for the proper (1) No Alarm User shall operate, or maintenance and operation of cause to be operated, an Alarm System at the Alarm System; its Alarm Site without a valid Alarm Permit. A separate Alarm Permit is required for each (b) the classification of the Alarm Alarm Site. Site (e.g. single or multi -family residential, commercial, (2) Existing Alarm System. Any alarm warehouse, governmental, etc.); system which has been installed before the effective date of this chapter shall be (c) mailing address, if different from registered by the Alarm User within 120 the address of the Alarm Site; (One Hundred Twenty) days of such effective date. (d) the date of installation, Conversion or Takeover of the (3) Alarm Systems. Any Alarm System Alarm System; that is installed on a protected premises located within the City of Fayetteville, the (e) the name, address, and Alarm User shall have ten (10) days from telephone number of the Alarm the date of the installation to notify the Alarm Installation Company or Administrator that an alarm system has companies performing the been installed and the send the Alarm Alarm System installation, Administrator the name and address of the Conversion or Takeover, and of Alarm User and a copy of the Customer the Alarm Installation Company False Alarm Prevention Checklist. Failure of responsible for providing repair an Alarm User to notify the Alarm service to the Alarm System; Administrator of a new Alarm System installation within ten (ten) days following (f) the name, address, and installation shall result in a fee of $100.00. telephone number of the monitoring Company, if different from the Alarm Installation (4) The Alarm Permit application must Company; any protective / be submitted by the Alarm User to the Alarm reactive systems , and, Administrator at the time of an Alarm System installation or Takeover. All Local (g) signed certification from the Alarm System applications must be Alarm User stating that: submitted to the Alarm Administrator at the time of an Alarm System installation or i. a set of written operating Takeover by the next business day. The instructions for the Alarm Alarm Permit shall be effective until such System, including written time as the registered Alarm User no longer guidelines on how to avoid occupies the Alarm Site. False Alarms, have been left with the applicant by the (5) An Alarm Monitoring Company or Alarm Installation Company; Alarm Installation company may provide the information for an Alarm Permit to the Alarm ii. the Alarm Installation Administrator on behalf of the Alarm User. Company has trained the applicant in the proper use of the Alarm System, (6) Each Alarm Permit application must including instructions on include the following information: how to avoid False Alarms; and, (a) the name, complete current address, (including apartment or iii. the Alarm User is aware of suite number), and telephone the fact that a police response may be influenced by factors including, but not limited to, the availability of police units, priority of calls, weather conditions, traffic conditions, and staffing levels. (6) Any false statement of a material fact made by an applicant for the purpose of obtaining an Alarm Permit shall be sufficient cause for imposition of a fee prior to the issuance of a Permit by the Alarm Administrator. (7) An Alarm Permit cannot be transferred to another Person or Alarm Site. An Alarm User shall inform the Alarm Installation or Alarm Monitoring Company, in case of a monitored Alarm System, or the Alarm Administrator, in the case of a non - monitored Alarm System, of any change to any of the information on the Alarm Permit application within five (5) business days of such change. (8) An Alarm Permit is good for two (2) years from the issued date. (9) The Alarm User is solely responsible for the payment of any fee for services. (10) Per A.C.A. 17-40-106, the Alarm Permit will be given at no cost to the Alarm User. (D) Duties of the Alarm User. (1) An Alarm User shall: (a) maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms; (b) make every reasonable effort to have a Responsible Individual available at the Alarm Site within 30 minutes after an Alarm Dispatch Request; and, (c) not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report. (2) An Alarm User shall have a Licensed Alarm Installation Company inspect the Alarm System after three (3) False Alarms within a revolving three-month period. The Alarm Administrator may waive a required inspection if (s)he determines that a False Alarm(s) could not have been related to a defect or malfunction in the Alarm System. (3) An Alarm User shall not use Automatic Voice Dialers to notify the Fayetteville Police Department. (4) An Alarm User shall maintain at each Alarm Site an Alarm Permit and a set of written operating instructions for each Alarm System. (5) Alarm Users may agree with their Alarm Installation Company or Monitoring Company to go through a "grace period" for the first seven (7) days after installation of an Alarm System during which time neither the Alarm Installation Company nor the Monitoring Company will have any obligation to respond to any Alarm Signal from the Alarm Site. If the Alarm Signal is the result of an actual alarm event, the Alarm Installation Company or the Monitoring Company shall send an Alarm Dispatch to the Fayetteville Police. (E) Duties and Authority of the Alarm Administrator. (1) The Alarm Administrator shall establish a procedure for notification to the Alarm User of the occurrence of a False Alarm. Such notice shall include: (a) the date and time of police response to the False Alarm; (b) the response incident number; and, (c) a statement urging the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resulting fee for service. (2) The Alarm Administrator or the Fayetteville Police may create and implement an Alarm User Awareness Class. The Alarm Administrator may request the assistance of False Alarm Associations, alarm companies and emergency service agencies in developing and implementing the class. The class shall inform Alarm Users of the problems caused by False Alarms and teach Alarm Users how to avoid False Alarms. (F) Fees for Service. (1) An Alarm User shall be subject to a fee for service, depending on the number of False Alarms within a calendar year based upon the following schedule: # of False Alarms Fee for Service 1 $0.00 2 $75.00 3 $100.00 4 $150.00 5 $200.00 6 or more $250.00 (2) In addition, any Person operating a non -permitted Alarm System will be subject to an additional fee for service of $250.00. The Alarm Administrator may waive the additional fee for non -permitted Alarm Systems, if the Alarm User submits an application for Alarm Permit within ten (10) days after notification of such a violation. (3) An audible alarm that has not been called into the Fayetteville Police Department by an Alarm Monitoring Service shall not constitute a false alarm under this section. (4) Notice of the right of Appeal under this ordinance shall be included with any fee for service. (5) A $25.00 late fee will be assessed for each false alarm invoice not paid within 30 days of notice. (G) Robbery Alarm. Activation of a robbery alarm shall be deemed an intentional act for which a required fee shall be deemed imposed for false alarms. Any alarm user of such alarms shall pay the city a fee for each and every false robbery alarm to which police respond. # of False Alarms Fee for Service 1 $0.00 2-3 $100.00 4 or more $200.00 The higher fee will continue to be assessed until the alarm user submits a certification from an Alarm Installation Company, stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company and proper training has been provided to the alarm user. A $25.00 late fee will be assessed for each false alarm invoice not paid within 30 days of notice. (H) Alarm Cancellations. (1) The Monitoring Company shall communicate Verified Cancellations of Alarm Dispatch Requests to the Fayetteville Police in a manner and form prescribed by this Section. (2) In order for the Fayetteville Police to verify the identity of the Monitoring Company and to confirm that the correct Alarm Dispatch Request is Cancelled, Monitoring Companies must use the Incident Number given to them by the Fayetteville Police when the alarm call was first made. (3) For Alarm Systems that utilize a Monitoring Company, a request for Cancellation of an Alarm Dispatch Request will only be accepted from the Monitoring Company and only after the Incident Number has been reported to the Fayetteville Police. (4) If a cancellation occurs prior to law enforcement arriving at the scene, this is not a False Alarm for the purpose of fees for service and no fee will be assessed. (5) Robbery alarms from financial institutions cannot be canceled and an officer response is mandatory per the Policies and Procedures of the Fayetteville Police Department. In this situation, if a financial institution employee contacts the Fayetteville Police Department to notify of a false alarm prior to the Alarm Monitoring Company notifying of an alarm dispatch request, then this will be considered a cancellation request and no fee will be assessed. (I) Suspension of Response. (1) The Alarm Administrator may suspend police response to an Alarm Site by revoking the Alarm Permit if it is determined that: (a) The Alarm User has 6 or more False Burglary Alarms within a twelve (12) month period; or, (b) There is a statement of a material fact known to be false in the application for a permit; or, (c) The Alarm User has failed to make timely payment of a fee for service assessed; or, (d) The Alarm User has failed to submit a written certification from an Alarm Installation Company that complies with the requirements of this article, stating that the Alarm System has been inspected and repaired (if necessary) and/or additional training has been conducted by the Alarm Installation Company. (2) A Person commits an offense if he/she operates an Alarm System during the period in which the alarm permit is suspended and is subject to enforcement and Fees. (3) Unless there is separate indication that there is a crime in progress, the Fayetteville Police Department may refuse a officer response to an Alarm Dispatch Request at an Alarm Site for which the Alarm Permit is suspended. (4) If the Alarm Permit is reinstated the Alarm Administrator may again suspend police response to the Alarm Site by again suspending the Alarm Permit if it is determined that two (2) False Alarms have occurred within one hundred eighty (180) days after the reinstatement date. (J) Appeals. (1) If the Alarm Administrator assesses a Fee for Service, the Alarm Administrator shall send written notice of the action and of the right to appeal to the Alarm User. (2) The Alarm User may appeal an assessment to the Alarm Administrator by setting forth in writing the reasons for the appeal within fifteen (15) business days after receipt of the fee for service or a notice of revocation. (3) The Alarm User may appeal an adverse decision of the Alarm Administrator to the False Alarm Appeals Panel as follows: (a) The Alarm User may file a written request for review of an adverse decision of the Alarm Administrator by paying an appeal fee of $25.00, and setting forth the reasons for the appeal within fifteen (15) business days after the date of notification of an adverse decision from the Alarm Administrator. Appeal fees shall be fully refunded if the appeal is granted. (b) The False Alarm Appeals Panel shall be comprised of five (5) members, each to be appointed by the Chief of Police, to serve a term of three (3) years. The panel will consist of an alarm industry representative, a member of the Fayetteville Police Department, and an at large citizen of Fayetteville. (c) The False Alarm Appeals Panel shall conduct a review within thirty (30) days of the receipt of the request, and consider all evidence presented by any interested Person(s). The False Alarm Appeals Panel shall make its decision based upon the preponderance of the evidence ON presented. The False Alarm Appeals Panel shall render its decision to either affirm or reverse the decision of the Alarm Administrator no later than ten (10) days after the date of the hearing. (4) The filing of a request for appeal shall stay enforcement and collection of any fee for service assessed, until such time as the False Alarm Appeals Panel renders it decision. If a request for appeal is not made within the fifteen (15) period set forth at subsection (J)(3) (a) above, the action of the Alarm Administrator shall be deemed final. (5) The Alarm Administrator or the False Alarm Appeals Panel may adjust the accrued number of False Alarms based on evidence that: (a) a False Alarm was caused by the actions of the telephone company, Alarm Installation Company, and/or the Monitoring Company; or, (b) a False Alarm was caused by a power outage lasting longer than four (4) hours; or, (c) shows that the Alarm Dispatch Request was not a False Alarm; or, (d) the officer response was not completed in a timely fashion; and/ or, (6) In determining the number of False Alarms, multiple alarms occurring in any twenty-four (24) hour period may be counted as one False Alarm: to allow the alarm use time to take corrective action unless the false alarms are directly caused by the alarm user. (K) Reinstatement. (1) A Person who's Alarm Permit has been revoked may, at the discretion of the Alarm Administrator or the Chief of Police have the Alarm Permit reinstated by the Alarm Administrator or the Chief of Police if the Person: (a) Submits a new application; and, (b) pays, or otherwise resolves, all outstanding citations, fees and fines; and, (c) submits a certification from an Alarm Installation Company, stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company; (2) In addition, the Alarm Administrator may require one or more of the following as a condition to reinstatement: (a) proof that an employee of the Alarm Installation Company or Monitoring Company caused the False Alarm; (b) upgrade the alarm control panel to CP-01 Compliant Panel; (c) a written statement from an independent inspector designated by the Chief of police that the Alarm System has been inspected and is in good working order; (d) confirmation that all motion detectors are "dual technology" type; (e) confirmation that the Alarm System requires two independent zones to trigger before transmitting an alarm signal to the Monitoring Company; (f) confirmation that the Alarm System requires two independent detectors to trigger before transmitting an alarm signal to the Monitoring Company; (g) certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need for a officer is confirmed by a listen -in device; (h) certification that the Monitoring Company will not request 7 an Alarm Dispatch unless the need for a officer/deputy is confirmed by a camera device; or (i) certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need for a officer is confirmed by a Person at the Alarm Site. Q) alarm user successfully completes an on line alarm awareness class and test. (L) Government Immunity. An Alarm Permit is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an Alarm Permit, the Alarm User acknowledges that Fayetteville Police Department response may be influenced by factors such as: the availability of officers, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. ORDINANCE NO. AN ORDINANCE ADOPTING A FALSE ALARM REDUCTION ORDINANCE TO IMPROVE PUBLIC SAFETY BY REDUCING EMERGENCY RESPONSES TO FALSE ALARMS; AND TO ENCOURAGE ALARM USERS TO PROPERLY USE AND MAINTAIN THE OPERATIONAL EFFECTIVENESS OF ALARM SYSTEMS IN ORDER TO REDUCE OR ELIMINATE FALSE ALARMS. WHEREAS, the Fayetteville Police Department received over 42,360 calls in 2006, of which 3,851 were from alarms; and, WHEREAS, of these 3,851 calls from alarm systems, 3,823 (or 99.2%) were false alarms; and, WHEREAS, sending an emergency response to a false alarm decreases the availability of police officers to respond to true emergencies, thereby decreasing public safety; and, WHEREAS, it has been determined that often these false alarms are the result of the property owner's failure to properly maintain the alarm systems; and, WHEREAS, this Ordinance contains provisions which strive to reduce false alarms, sets forth a permitting system with controls to facilitate the reduction of false alarms, and requires the disciplined use of alarm systems by Alarm Users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby adopts a False Alarm Reduction Ordinance, the full text of which, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Clerk shall place an item on the agenda of the City Council's regular meeting held on February 3 2009, to review the False Alarm Reduction Ordinance. Section 3. Effective Date. In order to allow sufficient time to establish the alarm permit system and issue the necessary permits, this ordinance shall take effect 120 days from the date of passage. PASSED and APPROVED this 200, day of November, 2007. APPROVED: By: ATTEST: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer (11.27.07)Clarice Pearman - Ord. 5083 Pagel From: Clarice Pearman To: Tabor, Greg Date: 11.27.07 11:32 AM Subject: Ord. 5083 Attachments: 5083 False Alarm Reduction.pdf CC: Audit Chief: Attached Is a copy of the above ordinance passed by City Council, November 20, 2007 regarding false alarms. Please let me know If there is anything else needed for this item. Have a good day. Thanks. Clarice Arkansas Democrat ZEfrnzette Northwest Arkansas Times Benton County Daily Record P. O. BOX 16O7 FAYETTEVILLE, AR 727O2 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Kate MacNaughton, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Fayetteville: Ordinance No. 5083 Was inserted in the Regular Editions on: December 7, 2007 Publication Charge: $675.20 Subscribed and sworn to before me This'jday of E , 2OO7. Notary Public C U ) ) W My Commission Expires: 7�2o/zo 1 4 **NOTE** Please do not pay from Affidavit. Invoice will be sent. ,_______ CP.TR7 J, V; U S �. RECEIVED DEC 13 2007 CITY OF FAVETTEVILLE CITY CLER cS OfFICE ORDINANCE NO. 8002 AN ORDINANCE ADOPTING A FALSE ALARM REDUCTION ORDINANCE TO IMPROVE PUBLIC SAFETY a e ctrl e BY REDUCING EMERGENCY RESPONSES TO FALSE ALARMS; AND TO ENCOURAGE ALARM USERS TO PROPERLY USE AND MAINTAIN THE OP F RATIONAL EFFECTIVENESS OF ALARM SYS- AgxAN$AS 11 a '. I R TO REDUCE OR ELIMINATE FALSE I. WHEREAS. nyetteville Police Department received over 42,360 calls in 2006, of which 3,851 w and, WHEREAS. I lose 3,851 calls from alarm systems, 3,823 (or 99.2%) were false alarms; and, WHEREAS, +vllng an emergency response to a false alarm decreases the availability of police I' .I to true emergencies, thereby decreasing public safety; and, WHEREAS. Is been determined that often these false alarms are the result of the property I'.roperly maintain Me alarm systems; and. WHEREAS, Ordinance contains provisions which strive to reduce false alarms, sets farm a par- r" controls to facilitate the reduction of false alarms, and requires the disciplined use ,u ly Alarm Users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council of the Cy J rayetteotlle. Arkansas. hereby aiopts a Ease AI3rr- ReduGnn Ordinance, the IWI Nxt of which. marked Exhibit'A,is attached hereto and made a part hereof. Section 2. That the City Clark Yell piece an item on the agenda of the City Councils regular meet- ing hold on February 3 2008, to review the False Mann Reduction Ordinance. Section 3. EBective Date. In order to show sufilcieni lime to establish the alarm permit system and Issue Me necessary permits, this ordinance shell take effect 120 days from the date of passage. MOM aid APPROVED this 20th day a November, 2007 IPPROVED: ATTEST: ly, By IAN OOODY. May.. EONORA IIL SMITH, City CIaAtfs.aauar Exhibit A 30.23 FaMe Alarm Reduction 4) Definlfiom. For the purposes of this Section, the following definitions shall apply unless the con- Ixl clearly indicates or requires a different meaning. arm Administrator means a Person or Persons designated by the Chief of Police to administer, can- 'ol and review False Alarm reduction efforts end administer the provisions of this Section. harm Dispatch Request means a notification to the Fayetteville Police that an alarm, either manual or lutomatic, has been activated at a particular Alarm Site. darn Installation Company means a Person who sells, provides, maintains, services, repairs, alters, Splecies. moves, andlor installs an Alarm System at an Alarm Site warm User Permit means a permit issued by the City to the Alarm User to operate an Alarm System, rbtened after the Alarm User makes written application to e.Me Me Alarm Installation Company. warm Monitoring Company, or in the case of a Local Alarm, Me Alarm Administrator larm Site means a single fixed premise or location served by an Alarm System or Systems. Each ,tie. if -.rived ay a .nparnte Arm ng Static in a mufti -unit building or conO ex, shall be considered a ,role Ala m it,r IF , System n , p,IF,, a d,,v ce or set es of devices, including, but no Ilmited to. hardwired systems :lem, I,'. 'nno,'1, it n.^a'adn Frequency method such as cellular or private radio signals. .1„.'I I •n4 .:r tin-,ri •. I rernole 0' local audible, visual or electronic signal Indicating an alarm con- • -n t-:ndo.l y...mror a or, ,:e response. including Local Alarm Systems Alarm System oI ore a, ash soared n a vemcle o' on someoneb pawl. mn'eres; Class e ea's a ;iss co, ductea for the purpose of eduearng Alarm Users ins responsible use, operation and maintenance of Alarm Systems and the problems created Alnm,' I,ry Person, who operates an Alarm System. ill,o,r. '. a device that allows control of an Alarm System. 'v: rl Un, er means any electrical, electronic. mechanical, or other device capable of being .:lo. n'nN P. tier: a prerecorded voice message, when activated, over a telephone line, radio, or r fl... r.tan r.0re rI rlilteai= Police requesting dispatch II ;Ia' A err s tie ..any sysem or device cetecting and reporting any unauthorized entry Or 1 qL =rill r f operty damage upon real Property Alarms on automafie teller machines are in ills aefimtiun h is an q I., IIIa:y Mnrsin fn': Iper easy orthere a r the AlarmaSiteenotifes the Fayetteville Po a beforearm ltheiif arrival II P,iI Jr,"n„ I reualse at the Alarm Site requiring response after an Alarm spatch Request. ... n . ^'I 11 a' c r ' n „ Ica: cess by which one Alarm Installation Company or Monitoring "I'.. t, gnu :I uo seninng, IPnn,'.r 'g or both of a previously unnwnllored Alarm System, or an -r 11 s,. r Ili, n,ay .,r , '•.,^itmed Jr both by another Alarm Company. p,I IF flitaii he pmoss , car II 1`I' rayroeville Police is instructed to respond to an alarm. ,F;1 Air I ncdn9 an Aai n Di pa1C" H, .lesl to summon the Fayetteville Peace to a MM -emergency 11 F n erif ,cement purposes. any Dispatch Request cancelled prior to the arrival of the tie Alarm Site will still cat be counted as a False Alarm. i. n n I ;i"-s a sped6ed length of time from Me date of Installation or CoversiaNrakeove IF „I I 1, "., o, urence, fine o penally is assessed for False Alarms. , .A1'1' 9; '-m'' mms any Alarm System, which is no, monitored, that emits a transmits a local x l l,u I , I , e rnr c s,g'al md,catng an alarm condition only at Me Alarm See - `A ,, •' ry :'Ill ldily ,Cans a 0ersun in the business of providing Alarm Monitoring seMces- Hrnnul.ng means the process oy which a Monitoring Company receives signals from an Alarm system and relays an Alarm Dispatch Request to the Fayetteville Police for the purpose of summon- ing a police response to an Alarm Site. Purchase means the transaction or process by which an Alarm Company assumes control or pos- session of an existing alarm account. Response means the dispatch of Fayetteville Police personnel to Me premises where an Alarm System has been activated. Responsible Individual means an individual who is able and has agreed p'. receive notification of an Alarm System activation at any time; respond to the Alarm Site wnhn 30 mingles at any time; and. a;p,e accees to Me Alarm Site and deactivate the Alarm System upon request. 11 , or a'!a,m o' panic alarm) means an alarm signal generated by the manual .. _ . .r. aF system, device, or mechanism at or near the premises „one ...0 r- core is in progress, and that one or more persons we in .o u;sistance it order to avoid injury. serious bodily harm or death at Me hands :,.... ,l .obbery or other crime i.,... n, „ I1,. ti ansacton or process by which an Alarm User takes over control of an existing Morn Svster,, wh, ii was previously controlled by another Alarm User. Verily means an attempt by the Monitoring Company. or its representatives, to contact the Alarm Site I ry telephonic or other electronic means, whether or not actual contact with a Person is made, to deter - r car whether an alarm sIgna is va no before requesting a police dispatch, in an attempt to avoid an llr.,, -' sc arc'- q,..t..,,,F For purposes of this Section. Yeray' requires, that if the ini- .i,......... .ho Monitoring Company must make a second call to reach r. „ : "r -I- - ,umber Man the one listed as the Alarm Site telephone num- h,n lhs process is known as ECV,' or Enhanced Call Veriticatfon. Zones mean division of devices into which an Alarm System is divided to indicate the general loce- lion from which an Alarm System signal is transmitted. (B) Admfnlaaabon St Nnding, (1) Reeponelblley for administration of This Chapter is vested with Me Chief of Police 2) The Chief of Police designates an Alarm Administrator to carry o0 the dunes and luEictiofls gtnsCa ter. described p (3)by Modes generated ernt di ebyc Also alarm service toes pursuant mt to this one for r atico be of For use by the Department directly for administration of the alarm program and for recovery of general police services lost to false alarm response. (4) The Alarm Administrator shall conduct an annual evaluation and analysis of the effectiveness of this Chapter and identify and implements system improvements, as warranted. (C) Permit required', Application; Trenslerabiley', False Statements. (1) No Alarm User shall operate, or cause to be operated an Alarm System at its Alarm Site without a valid Alarm Permit. A separate Alarm Permit is required for each Alarm Site.(2) Existing e effective111tltla te of this chapter shall be registered by the Alarm User which within binstalled m 120 (One Hundred Twenty) days bfsuch effective date. (3)Alarm Systems. Any Alarm System that is installed on a protected premises located within he City of Fayetteville, the Alarm User shall have ten (10) days from the date of the installation to n tify Me Alarm Administrator that an alarm system has been installed and the send the Alarm Admii iistrator the name and address of the Alarm User and a copy of the Customer False Alarm Pu venton Checklist Failure of an Alarm User to notify the Alarm Administrator of a new Alarm System nslalla- tien within ten (ten) days following installation shall result in a fee of $1%.00. 1 (4) The Alarm Permit application most be submitted by the Alarm User to the Alarm Administrator at the time of an Alarm System installation or Takeover. All Local Alarm System applications must be submitted to the Alarm Administrator at the time of an Alarm System installation or Takeove by the next business day The Alarm Permit shall be effective until such time as the registered AIa m User no longer occupies the Alarm See. (5) An Alarm Monitoring Company or Alarm Installation company may n'ovirle r"e Tire lot h Alarm Permit to Me Alarm Administrator on behalf of Me Alarm user. (6) Each Alan Perrot application must include me followdg Information (a) the name complete current address. (including apartment or suite nrmter. and telephone num- bers of the Person who will be the Permit holder and be responsible for the proper maintelil ice and operation of the Alarm System', shouae (b) the classification of the Alarm Site (e.g. single or multi -family residential, cra ortxmial, w governmental. etc.): (c) mailing address, if different from the address of the Alarm Site; (d) the date of installation, Conversion or Takeover of the Alarm System; of (aor ccr1ip lies PO(- lormingname, tn the System nstallal on. Convhone eerslo ore Takeover, Alamm sand of Me allation Company arm Installation responsible for provie'ng repair service to the Alarm System. (f) Me name, address, and telephone number of the monitorng Carpany, it different from Alarm Installation Company; any protective / reactive systems , and (g) signed cero0collon from the Alarm User stating that i a sal of written operating instructions for the Alarm System, including written guidelines itt how to avoid False Alarms, have been left with the applicant by the Alarm Installation Company; ii. the Marti Installation Company has trained me applicant in the proper use of the Ala Systbm including inetrudions on two to avoid False Alarms; and, iii. the Alum User Is aware of Me fact that a police response may be influenced by factors Including, but not Iykyni�ted to, the arvailabdity d police units, priority of calls, weather conditions, traffic rdandilnns, and stahkq levaN, (7) Any false statement of a material fact made by an applicant for the purpose of obtaining an Alarm Permit shall be sufficient cause for imposial of a fee prior to the issuance of a Permit bythe Alarm Admnistralor (8) M Alarm Permit cannot be transferred to another Person or Alain Site. An Alarm User Small inform the Alarm Installation or Alarm Monitoring Company, in case of a roniored Alarm System, or Me Alarm Administrator, in the case of a non -monitored Alarm System, of any change to any dl the infor- rretion on the Alarm Permit application within live (5) business days of such change. (9) An Alarm Permit is good for two (2) years from the issued date. (10) The Alarm User is solely responsible for the payment of any fee for services. (11) Per A C A § 17-40-106, the Alarm Permit will be pi i at no cost to the Alarm User. Duties of the Alarm User. An Alarm User shall maintain the Alarm Site and Me Alarm System in a manner that will minimize Or 111ams; (b) treks every reasonable effon to have a Responsible Individual available at the Alarm Sae within 30 minutes after an Alarm Dispatch Request; and (e) not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report. i (2) An Alarm User shall have a Licensed Alarm Installation Company Inspect the Alarm System after three (3) False Alarms will a revolving three-month period The Alarm Administrator me waive a required inspection if (s)he determines that a False Alarms) could no have been related to a defect or malfunction in Me Alarm System (3) M Alarm User shall not use Automatic Voice Dialers to notify Me Fayetteville Police Department (4) M Alarm User shall maintain at each Alarm Site an Alarm Permit and a set of written operating instructions for each Alann System. (5) Alarm Users may agree with their Alarm Installation Company or Monitoring Company to go through a'grace period' for the first seven (7) days after installation of an Alarm System dining which time neither Me Alarm Installation Company nor the Monitoring Company will have any obligation to respond to any Alarm Signal from the Alarm Site. If the Alarm Signal is the result of an actual alarm event, the Alarm Installation Company or the Monitoring Company shall send an Alarm Dispatch to Me Fayetteville Police. (E) Poles and Authority of the Alarm Admini trata. (1) The Alarm Admfrristretor shall establish a procedKe for notification to the Alarm User of the occur- renca of a False Alarm Such notice shef Include: (a) the date and time of police response to the False Alarm; (b) the response incident number, and (c) a statement urging me Alarm User to ensure that Me Alarm System is progeny operated, inspect- ed. . and serviced in order to avoid False Alarms and resulting fee for service. (2) The Alarm Administrator or the Fayetteville Police may create and implement an Alarm User Awareness Class. The Alarm Administrator may request the assistance of False Alarm Associations, alarm companies and emergency service agencies in developing and implementing Me Class The class shall inform Alarm Users of the problems caused by False Alarms and teach Alarm Users how to avoid False Alarms. (F) Fees for Service. (1) M Alarm User shall be subject to a fee for service, depending on the number of False Airlrms with- in a calendar yew based upon Me following schedule a of False Alarms Fee 1a Service 1 $000 2 $7500 3 $10000 4 $150.00 5 $200.00 6 or more $250.00 (2) In addition, any Person operaling a non -permitted Alarm System will be subject tope additional fee for service of $250.00. The Alarm Administrator may waive the additional lee for non -permitted Alarm Systems, if the Alarm User submits an application for Alarm Parrett within ten (10) days attar notification of such a violation (3) An audible alarm that has not been called into the Fayetteville Police Department by an Alarm Monitoring Service shall not constitute a lake alarm under this section. (4) Notice of the fight of Appeal under this ordinance shall be included with any lee for service. (5) A $25.00 late tee will be assessed for each false alarm invoice not paid within 30 days of notice. (G) Robbery Alarm. Activalion of a robbery alarm shall be deen'ed an intentional act for which a required tee shall be deemed imposed for false alarms. Any alarm user of such alarms shall pay the city a fee for each and every false robbery slant to which police respond a of False Alarms Fee for Service 1 $0.00 2-3 • $100.00 4 0r mare Boom The higher lee will continue to be assessed until the alarm user submits a certification from an Alarm Installelion Company, stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company and proper training has been provided to Me alarm user. A $25,00 late fee will be assessed for each false alarm invoice not paid within 30 days of notice (H) Alarm Cancellations (1) The Monitoring Corparry shall communicate Verified Cancellations of Alarm Dispatch Requests to the Fayette illle Police in a manner and form prescribed by this Section. (2) In order for the Fayetteville Police to verity the identity of Me Monitoring Company and to confirm Mat the correct Alarm Dispatch Request is Canceled, Monitoring Companies most use the Incident Number given to them by the Fayetteville Police when the alarm call was first made. (3) For Alarm Systems that utilize a Monitoring Compare, a request for Cancellation of an Alarm Dispatch Request will only be accepted from Me Monitoring Company and only after the Incident Noeer has been reported to the Feyetlev2le Police. (4) II a cancellation occurs prior to law enforcement arriving at the scene, this is not a False Alarm for Me purpose of fees for service and no fee will be assessed (5) Robbery alarms from financial institutions cannot be canceled and an officer response is manda- tory per the Policies and Procedures of the Fayetteville Police Department. In this situation, if a finan- cial institution employee contacts the Fayetevlle Police Department to nollty of a false alarm prior to Me Alarm Monitoring Company notifying of an alarm dispatch request, Men this will be considered a cancellation request and no fee will be assessed. (I) Suspension of Response. (1) The Alarm Administrator may suspend police response to an Alarm Site by revoking the Alarm Permit it it is determined Mar. (a) The Alarm User has 6 or more False Burglary Alarms within a twelve (12) month period, or. (b) There is a statement of a material fact known to be false in me application for a permit or, (c) The Alarm User has failed to make timely payment of a fee for service assessed. or, (d) The Alarm User has tailed to submit a written certification from an Alarm Installation Company Mat complies with Me requirements d this article. stating mat Me Alarm System has been inspected and repaired (if necessary) and/or additional training has been conducted by the Alarm Installation Company. (2) A Person commas an offense if he/she operates an Alarm System during the period in which the alarm permit is suspended and is subject to enforcement and Fees. (3) Unless there is separate indication that there is a crime in progress, Me Fayetteville Police Department may refuse a officer response to an Alarm Dispatch Request at an Alarm Site for which the Alarm Permit is suspended. (4) 11 the Alarm Permit is reinstated the Alarm Administrator may again suspend police response to the Alarm Site by again suspending Me Alarm Permit a it is determined that two (2) False Alarms have occurred within one hundred eighty (180) days after the reinstatement dale. (J) Appeals (1) If the Alarm Administrator assesses a Fee for Service, the Alarm Administrator shall send written notice of the action and of tie right to appeal to the Alarm User (2) The Alarm User may appeal an assessment to the Alarm Administrator by setting forth in writing Me reasons for the appeal whim fifteen (15) business days after receipt of the fee for service or a notice of revocation. (3) the Alarm User may appeal an adverse decision of the Alarm Administrator to the False Alarm Appeals Panel as follows (a) The Alarm User may file a wniten request for review of an adverse decision of the Alarm Administrator by paying an appeal fee of $25.00. and setting form me reasons for me appeal within fifteen (15) business days after the date of notification of an adverse decision from the Alarm Administrator. Appeal fees shall be fully refunded if Me appeal is granted. (b) The False Alarm Appeals Panel shall be comprised of live (5) members, each to be appointed by the Chief d Police, to serve a term of three (3) years. The panel will consist of an alarm industry rep- resentative, a member of the Fayetteville Police Department, and an at large citizen of Fayebeville. (c) the False Alarm Appeals Panel shall conduct a review within thirty (30) days of the receipt of the request, and consider all evidence presented by any interested Person(s) The False Alarm Appeals Panel shall make its decision based upon the preponderance of the evidence presented. The False Alarm Appeals Panel shall render its decision to either affirm or reverse the decision of the Alarm Administrator no later than ten (10) days after the date of the hearing. (4) The filing of a request for appeal shall stay enforcement and collection of any fee for service assessed, unlil such time as the False Alarm Appeals Panel renders it decision. If a request for appeal is not made within Me fifteen (15) period set forth at subsection (J)(3) (a) above. Me action of the Alarm Administrator shall be deemed final. (5) The Alarm Administrator or the False Alarm Appeals Panel may adjust the accrued number of False Alarms based on evidence mat. (a) a False Alarm was caused by the actions of the telephone company, Alarm Installation Company, and/or the Monitoring Carman', or. (b) a False Alarm was caused by a power outage lasting longer than four (4) hours. W. (c) shows that the Alarm Dispatch Request was not a False Alarm: or. (d) the officer response was not completed in a timely lashion. and/ or, (6) In determining Me number of False Alarms. mull ple alarms occurring in any twenty-four (24) hour period may be counted as one Fain Alarm: to allow the alarm use time to We corrective action unless the false alarms are directly caused by the alarm user (K) Reinstatement (1) A Person whose Alarm Permit has been revoked may at Me discretion of the Alarm Administrator or the Chief of Police have the Alarm Permit reinstated by the Alarm Administrator or the Chief of Police if the Person. (a) Submits a new application. and, (b) pays, or otherwise resolves, all outstanding citations, fees and fines; and, (c) submits a certification from an Alarm Installation Company, stating that Me Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company; (2) In addition. the Alarm Administrator may require one or more of Me following as a condition to rein- statemerrt (a) proof that an employee of the Alarm Installation Company or Monitoring Company caused the False Alarm; (b) upgrade the alarm control panel to CP-01 Compliant Panel; (c) a written statement from an independent inspector designated by Me Chief of police Mat to Alarm System has been inspected and is in good working order; (d) confirmation that all motion detectors are'dual techralogy- type', (e) confirmation that Me Alarm System requires two independent zones to trigger before transmitting an alarm signal to Me Monitoring Company, (I) confirmation that the Alarm System requires two independent detectors to trigger before transmn- ting an alarm signal to me Monitoring Company, (g) certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need for a officer is confirmed by a listen -in device, (h) certification that the Monitoring Company will not request an Alarm Dispatch unless the need for a officer/deputy is confirmed by a camera device. or (i) certification that to Monitoring Company `moll nor make an Alarm Dispatch Request unless the need for a officer is confirmed by a Person at the Alarm Site. (j) alarm user successfully completes an on-line alarm awareness class and test. IL) Government Immunity. An Alarm Permit is not intended to. nor will it, create a contract, duty or obligation, either expressed or implied, of response Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental Immunity as provided by New is retained. By applying for an Alarm Permit, the Alarm User acknowledges that Fayetteville Police Department response may be influenced by factors such as'. the availability of officers, priority of calls. weather conditions, traffic conditions, emergency conditions, staffing levels and prior response Nsto ry.