Ordinance No. 82-32 CITY OF TIGARD, OREGON
ORDINANCE NO. 82 - 3,:_
AN ORDINANCE REGULATING THE USE CF ALARM SYSTEMS.
The City of Tigard ordains as follows:
Section 1: Title. This ordinance is to protect the emergency services of the
City from misuse.
Section 2: Purpose and Scope.
(a) The purpose of this ordinance is to protect the emergency services
of the City from misuse. a
(b) This ordinance governs burglary and robbery alarm systems,
requires permits, establishes fees, provides for revocation of
permits, provides for punishment of violations. '
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Section 3: Definitions.
(a) "Alarm Business" means the business by any individual,
partnership, corporation, or other entity of selling, leasing,
// maintaining, servicing, repairing, altering, replacing, moving or 5
t; installing any alarm system or causing to be sold, leased, main- F-
tained, serviced, repaired, altered, replaced, moved or installed '
any alarm system in or on any building, structure or facility.
(b) "Alarm System" means any assembly of equipment, mechanical or
electrical, arranged to signal the occurrence of an illegal entry
or other activity requiring urgent attention and to which police
are expected to respond.
(c) "Alarm User" means the person, firm, partnership, association, 6 _
corporation, company or organization of any kind in control of any
building, structure or facility in which an alarm system is main- !
twined.
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(d) "Automatic Dialing Device" means a device which is connected to a
telephone line and is programmed to select a predetermined tele-
phone number and transmit by voice message or code signal an
emergency message indicating a need for emergency response. f,
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(e) "Dispatch Center" is the City facility used to receive emergency
and general information from the public.
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ORDINANCE No. 82-
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(f) "Burglary Alarm System" means an alarm system signaling an entry
or attempted entry into the area protected by the system, inclu-
sive of silent and audible alarm systems.
(g) "Coordinator" means the individual designated by the Chief of
Police to manage and enforce the provisions of this ordinance.
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(h) "False Alarm" means an alarm signal eliciting a response by police
when a situation requiring a response by the police does not in
fact exist. It does not include an alarm signal caused by violent
conditions or nature or other extraordinary circumstances not
reasonably subject to control by the alarm business operator or
alarm user.
(i) "Governmental Political Unit" means any tax supported public
agency.
(j) "Interconnect" means to connect an alarm system including an
automatic dialing device to a telephone line, either directly or
through a mechanical device that utilizes a telephone, for the
purpose of using the telephone line to transmit a message upon the
activation of the alarm system.
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(k) "Primary Trunk Line" means a telephone line serving the Dispatch
Center that is designated to receive emergency calls. x
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(1) "Robbery Alarm System" means an alarm system signaling a robbery '
or attempted robbery.
Section 4: Alarm User Permits Required.
(a) Every alarm user shall obtain an alarm user permit for each system F
from Tigard City Recorder from the effective date of this ordi-
nance or prior to use of an alarm system. Users of systems having
both robbery and burglary alarm capabilities shall obtain separate t
permits for each function. Application for a burglary or robbery ,
alarm user's permit and a $15.00 fee shall be filed with the
Tigard City Recorder each year. The fee for a combination
Burglary Robbery user's permit shall be $25.00. Each permit shall
bear the signature of the Chief of Police, and be for a one--year
period. The permit shall be kept physically upon the premises
using the alarm system, and shall be available for inspection by
the Chief of Police or his representative.
(b) A revoked user's permit shall be obtained from the City Recorder's
office by filing an application and paying a fee as follows: `
First revoked user's permit in the permit year.........$ 40.00 ea.
Second revoked user's permit in the permit year........$100.00 ea.
Third & each additional revoked user's permit
in the permit year...................................$180.00 ea.
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ORDINANCE No. 82-,2,2. i
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Each permit shall bear the signature of the Chief of Police and
shall bear the same expiration date as the revoked permit. The
permit shall be physically upon the premises using the alarm
system and shall be available for inspection by the Chief of
Police or his representative.
(c) If a residential alarm user is over the age of 60 and/or is
physically handicapped and is the primary resident of the
residence that if no business is conducted in the residence, a
user's permit may be obtained from the City Recorder's office
according to Section 4 (a) without the payment of a fee. (
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(d) A $25.00 charge will be charged in addition to the fee provided in
Section 4 (a) to a user who fails to obtain a permit within sixty f'
(60) days after the effective date of this ordinance, or who is
more than sixty (60) days delinquent in renewing a permit.
(e) An alarm user required by federal, state, county or municipal t"
statute, regulation, rule or ordinance to install, maintain and
operate an alarm system shall be subject to this chapter;
provided: ,
(1) A permit shall be designated a special alarm user's permit; ;
I (2) A special alarm user's permit for a system which has four (4) '
f or more false alarms in a permit year shall not be subject to
revocation under Section 7, but the holder of the permit ';
shall pay a fee of $100 with the submission of the report
required by Section 7 (b) (1); '
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(3) For each false alarm over four (4) in a permit year, upon
written demand therefor by the Chief of Police, the holder of
the special user's permit shall pay a fee of $25;
(4) The payment of any fee provided for in paragraphs (2) and (3)
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of this subsection shall not be deemed to extend the term of
the permit.,
(f) An alarm user which is a governmental political unit shall be
subject to this ordinance but a permit shall be issued without
payment of the fee and shall not be subject to revocation or pay-
ment of additional fees or the imposition of any penalty provided
herein.
(g) The alarm permitee shall provide the Police Department with a k.
current updated emergency notification resources person at all
times.
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Section 5: User Instructions.
(a) Every alarm business selling, leasing or furnishing to any user an
alarm system which is installed on premises located in the City
shall furnish the user with instructions that provide information
to enable the user to operate the alarm system properly and to
obtain service for the alarm system at any time.
(b) Standard form instructions shall be submitted by Avery alarm
business to the Chief of Police within sixty (60) days after the
effective date of this ordinance. If he finds such instructions
to be it--omplete, unclear or inadequate, he may require the alarm
business to revise the instructions to comply with Section 5 (a)
and then to distribute the revised instructions to its alarm users.
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Section 6: Automatic Dialing Devise. Certain Interconnections Prohibited.
(a) It is unlawful for any person to program an automatic dialing
device to select a primary trunk line or any 911 prefix requiring
a police response; and it is unlawful for an alarm user to fail to
disconnect or reprogram an automatic dialing device which is pro-
grammed to select a primary trunk line within twelve (12) hours of
receipt of written notice from the Tigard City Police Department
that it is so programmed. 4
(b) Within sixty (60) days after the effective date of this ordinance,
all existing automatic dialing devices programmed to select a F`
primary trunk line shall be reprogrammed or disconnected. i
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(c) It is unlawful for any person to program an automatic dialing
device to select any telephone line assigned to the City; and it .;
is unlawful for an alarm user to fail to disconnect or reprogram
such device within twelve (12) hours of receipt of written notice ;`
from the Tigard Police Department that an automatic dialing device
is so programmed. ,
Section 7: False Alarms. Permit Revocation.
(a) Any alarm system which has four (4) or more false alarms within a
permit year shall be subject to permit revocation as provided
herein. €<
(b) If the Dispatch Center records four (4) or more false alarms within ,
a permit year for any alarm system:
(1) The Chief of Police shall notify the alarm user and the alarm
business providing service or inspection to the user by {
certified mail of such fact and direct that the user submit a
report to the Chief of Police within ten (10) days of receipt
of the notice describing actions taken or to be taken to
lob discover and eliminate the cause of the false alarms. c
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ORDINANCE No. 82--_3�
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^ (2) If the alarm user submits a report as directed, the Chief of
Police shall determine if the actions taken or to be taken
are likely to prevent the occurrence of false alarms; if he
determines that the action will prevent the occurrence of
false alarms, he shall notify the alarm user and the relevant
alarm business in writing that the permit will not be revoked
at that time, and that if one more false alarm occurs within
the permit year, the permit will be summarily revoked.
(3) If no report is submitted, or if the Chief of Police
determines that the actions taken or to be taken will not
prevent the occurrence of false alarms, the Chief of Police
shall give notice by certified mail to the user that the
permit will be revoked without further notice on the tenth
day after the date of the notice if the user does not file
within that period a written request for a hearing.
(4) If a hearing is requested, written notice of the time and
place of the hearing shall be served at least ten (10) days
prior to the date set for the hearing, which date shall not
be more than twenty-one (21) nor less than ten (10) days
after the filing of the request for hearing.
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(5) The hearing shall be before the Tigard City Council and the
Chief of Police or designated representative, and the alarm
user shall have the right to present written and oral evi-
dence, subject to the right of cress-examination. If the
Council determines that four (4) or more false alarms have
occurred in a permit year, and that the user has not taken s
actions which will prevent the occurrence of false alarms,
the Council shall issue written findings to that effect, and
an order revoking the user's permit. }
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(5) An alarm user shall immediately discontinue use of the alarm
system upon being notified by certified mail of the revoca-
tion of a permit pursuant to Section 7 (b) (3) or 7 (b) (5).
(7) An alarm user whose permit has been revoked may apply for a
permit as provided in Section 4 (b). The Chief of Police
shall not be required to issue a permit to one whose previous
permit has been revoked unless he is satisfied that the L
user's system has been properly serviced and its deficiencies
corrected. The Chief of Police may impose reasonable
restrictions and conditions upon a permit issued to one whose
previous permit has been revoked. Such restrictions and
conditions shall be written on the permit and shall provide i
for summary revocation on the occurrence of four (4) false
alarms in the permit year.
(8) In situations permitting summary revocation under Sections 7
(b) (2) or (b) (7), revocations shall be effective on the ;
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third day following the mailing by certified mail by the
p Chief of Police of a notice of revocation. There shall be no
appeal of a summary revocation.
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Section 8: Confidentiality: Statistics.
(a) All information submitted in compliance with this ordinance shall
be held in the strictest confidence and shall be deemed a public
record exempt from disclosure pursuant to state statute; and any
violation of confidentiality shall be deemed a violation of this
ordinance. The Police Department shall be charged with the sole
responsibility for the maintenance of all records of any kind
whatsoever under this ordinance. i
(b) Subject to the requirements of confidentiality, the Police
Department shall develop and maintain statistics having the pur-
pose of assisting alarm system evaluation for use by member, of
the public.
Section 9: Allocation of Revenues. All fees, fines and forfeitures of bail
collected pursuant to this ot';nance shall be general fund revenue
of the City of Tigard.
Section 10: Enforcement and Penalties.
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(a) violation of this ordinance shall be punished upon conviction by a
fine of not more than $500.
(b) The failure or omission to comply with any section of this
ordinance shall be deemed a violation and may be so prosecuted,
subject to the penalty provided in paragraph (a) of this section.
Section 11: Effective Date. This ordinance shall be effective upon 30 days
after its enactment by the Council and signature of the Mayor of
the City of Tigard, Oregon.
PASSED: By the Council, by �h Q �i.�e � vote of all Council members
present, after being read two times and number and title only, t
this _ p2 day of - _ a/a+ era Q 1982. L
Recorder, City of Tigard
APPROVED: By the Mayor, this da of €:.
�? _ day 11rA in� , 1982.
Mayor, Cit igard F
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ORDINANCE No. 82- ^f