Ordinance No. 14-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 14-D
AN ORDINANCE AMMENDING CHAPTER 11.08 OF THE TIGARD MUNICIPAL CODE
BURGLARY AND ROBBERY ALARM SYSTEMS TO RENAME THIS CHAPTER AS "ALARM
SYSTEMS"WITH UPDATED DEFINITIONS AND ADDITIONAL LANGUAGE.
WHEREAS,staff recommends that Alarm Permit Ordinance 11.08 be revised with current language and
definitions,and
WHEREAS,the City Council wishes to update the text of Chapter 11.08.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Code is amended as shown in Exhibit A; text to be deleted is shown
in strike and text to be added is shown in un erline. Updated definitions and
language include:
1. "Alarm business" means the business by any individual, partnership, corporation, or
other entity, of selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving, or installing any alarm system in or on any building, structure, or facility.
Alarm businesses include any person, business, or organization that monitors alarm
systems and initiates alarm dispatch requests.
2. "Alarm dispatch" means the initiation of a communication to dispatch, by an alarm
business indicating an alarm has been activated, and requesting police response to
the alarm site.
3. "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 to which police may respond. This definition does not include car,medical
or fire alarms.
4. "Alarm user" means a person, firm, partnership, association, corporation, company,
or organization of any kind in control of any building, structure, or facility within the
City of Tigard in which an alarm system is used.
5. "Automatic dialing device" means a device connected to a telephone line or internet
connection programmed to select a predetermined telephone number or internet
location (URL address) and transmit by voice message or code signal an emergency
message indicating a need for emergency response.
6. "Chief'means the City of Tigard Chief of Police,or designee.
7. "City"means the City of Tigard.
8. "Coordinator" means the individual designated by the chief to issue alarm permits
and enforce the provisions of this chapter.
9. "Current alarm permit" means an alarm permit that is not expired or revoked, and
does not have any outstanding fees, fines or penalties.
10. "Dispatch center" means the facility used to receive emergency and general
information from the public.
ORDINANCE No. 14-0 9
Page 1
11. "False alarm" means an alarm signal, capable of eliciting a response by police when a
situation requiring a response by the police does not in fact exist. An alarm is not
considered false if there are signs of forced or attempted entry; natural circumstances
(heavy wind);notification from the alarm company that the system is faulty before an
officer arrives on the scene; notification from the user that the system or the user
erred before an officer arrives on the scene; or if a neighbor comes forward to
indicate their observance of suspicious activity when no apparent entry or attempted
entry can be determined otherwise.
12. "Interconnect" means to connect an alarm system including an automatic dialing
device, to a telephone line or computer network connection either directly or
through a mechanical device that utilizes a telephone or computer to transmit a
message upon the activation of the alarm system.
13. "Monitoring center" means a facility used to receive emergency and general
information from an alarm user and to direct an emergency response.
14. "Primary trunk line" means a telephone line serving the police dispatch center that is
designated to receive police calls.
15. "Permit"means an alarm permit,issued by the City of Tigard.
16. "Permit renewal' means applying for a new permit to replace an expired permit,
where the alarm system is designed and used for substantially the same building,
facility or structure.
Additional language:
Enhanced Call Verification:
All alarm businesses monitoring alarm systems in the City of Tigard,will attempt a
verification call to the alarmed premise and if no responsible party is located on the initial
verification call,a second verification call will be made prior to the alarm business requesting
a police alarm dispatch request.
Protective Sweep:
Any person who obtains or renews an alarm permit after the date of enactment of this
section will be provided with a form requesting consent for the police to enter and perform
a protective sweep of any building or residence where an alarm is activated, the building or
residence is unsecured or shows signs of forcible entry, and no responsible person is
immediately available to give or refuse consent to enter.
The alarm coordinator shall notify dispatch of all properties where the owner does not grant
consent under this section,and shall request that dispatch flag the property to notify
responding officers of the lack of consent.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,
and posting by the city recorder.
PASSED: By a6 n111U1y1t U.-L vote of all council members present after being read by number and
title only,this /_3 t"`day of —0),l ,2014.
ORDINANCE No. 14-C9 9
Page 2
4 A�A 6�zlt�
Carol A.Krager,Deputy City Rec66er
APPROVED: By Tigard City Council this 1 `day of ,2014.
John .Cook,Mayor
Appro d as to fo
City,Attol2y
sl
Date
ORDINANCE No. 14-
Page
4Page 3
TIGARD MUNICIPAL CODE
Chapter 11.08 BURGLA4WAND ROBBERY systems to prevent unnecessary police emergency
ALARM SYSTEMS. responses to false alarms and thereby protect the
Sections: emergency response capability of the city from misuse.
1L08.000 Title.
11.08.010 Purpose AndSeope.
11.08.020 Definitions. -systems 49, establishes fees,
11.08.030 Alarm 13set-Permits-Required. of peffnits, and prevides
11.08.040 Emerge�Notification. .(Ord.82-32§2,1982).
11.08.050
Protective Sween. 11.08.020 Definitions.
11.08.060 Fee For Failufe To Obtain O-r
Renew Permit.Nuisance Alarms. 1. "Alarm business" means the business by any
11.08.070 Delinquent Application. individual, partnership, corporation, or other entity
11.08.080 — . a-For ;ovemmental of selling, leasing, maintaining, servicing,
Pelitieal Unit. repairing, altering, replacing, moving, or installing any
11.08.090 Emergeney Notifieation alarm system in or on any building structure, of
Rese.__es Person. User Fsasitmg--te be sold leased, maintained, seraieed;
Instructions Required.
11.08.100 . Auto Dialing ' b.ildi
� or
Devices. facility. Alarm businesses include any person,
11.08.110 Automatie Dialing Deviee business. or organization that monitors alarm systems
and initiates alarm dispatch requests.
Prohibited Enhanced Call
Verification. 2. "alarm dispatch" means the initiation of a
11.08.120 Equipment Standard. communication to dispatch by an alarm business
D-08.121 Reg-----ToAlarms. indicating an alarm has been activated and requesting
11.08.130 Government Immunity. police response to the alarm site.
11081 3 Eiieessive False Alarms A-1
Fee Assessment. 3. ".Harm system" means any assembly of
11.08.140 False Alarm Fees. equipment,mechanical or electrical,arranged to signal
11.08.124 No D--------- r z the occurrence of an illegal entry or other activity
Alarms. requiring urgent attention aad to which police afe
11.08.150 Penalties. expeeted-to ma respond. This definition does not
H.08425 Appeal^'c l include car medical or fire alarms.
v:raocz�am-�
11.08.160 Alarm Permit Revoked.
11.08.170 Confidentiality—Statisties. 4. "Alarm user" means the a person, firm,
11.08.180 partnership, association, corporation, company or
Interpretation. organization of any kind in control of any building,
11.08.190 Enforeement And Penal structure or facility within the City of Tigard in
Senior Citizen Exemption. which an alarm system is wed-used.
11.08.200 Ptupese And Seepe.
Allocation of Revenues. 5. "Automatic dialing device" means a device
whieh is connected to a telephone line or internet
11.08.000 Title. connection mid is programmed to select a
This ordinance shall be known as the predetermined telephone number or internet location
"alarm ordinance"for the City of Tigard. (URL address)and transmit by voice message or code
signal an emergency message indicating a need for
11.08.010 Purpose. emergency response.
4- The purpose of this chapter is to
prefeef the emergeney serviees of the City "m
1 alafiri s stem" means an alp
misuse encourage alarm users and alarm businesses to
assume increased responsibility for maintaining the and audible*latm systet"s.
mechanical reliability and the proper use of alarm
11-08-1 Code Update: 01104
TIGARD MUNICIPAL CODE
alum user and to direct an eme=njncy response.
6. "Chief' means the City of Tjeard Chief of
Police.or designee. 14. "Primary trunk line" means a telephone line
serving the police dispatch center that is designated
7. "City"means the City of Tiger. to receive emergeeey police calls.
$. "Coordinator' means the individual designated 15. "Permit" means an alarm permit issued by the
by the thief of Poke to issue alarm permits manage Cijy of Tigard.
and enforce the provisions of this chapter.
16. "Permit renewal" means applying for a new
9. "Current alarm permit" means an alarm hermit permit to replace an expired permit where the alarm
that is not expired or revoked and does not have any system is designed and used for substantially the same
outstanding fees.fines or penalties. building.facility or structure.
1Q. "Dispatch center" means the is--the--Coxnty . "Robbery
facility used to receive emergency and general Ord. 03-
information from the public. 12,Ord. 87-73 §2,1987;Ord. 82-32§3,1982).
11. "False alarm" means an alarm signal, capable of 11.08.030 Alarm Ueer Permits-Required.
eliciting a response by police when a situation
requiring a response by the police does not in fact Every alarm user shall obtain an alarm user
exist. An alarm is not considered false permit for eaeh system €rorn the Alarm
if there are s i g n s of forced or Ceerdinater their alarm system from the
attempted e n t r y: natural coordinator's office upon the effective date of the
circumstances (heavy w i n d• ordinance codified in this chapter or prior to use
notification from the alarm company of an alarm system. Users of systems hwAiig be+h
that the system is faulty before an robbery and burglary a6rm eaptkbili6es shall
officer arrives on the scene,
notification from the user that the for a burglary, robbefy,
system or the user erred before an robbery Arm user's permit and a fee shall be
officer arrives on the scene• or if a filed—with -ehe :Uarm Coordinator eaeh year. 44we
neighbor comes forward to indicate fee shall be set by resolution of the City Geuftc4l. An
t h e i r observance of suspicious application for a permit shall be filed annually
activity when no apparent entry or with the coordinator's office required by the
attempted entry can be determinedhe ief. Each permit shall bear the signature of the
o t h e r w i s e. chief and shall be valid for a one-year period. The
it does not inelude an ft6rfn 9ignftl eattged by violent fees and fines of alarm permits are included in the
City of Tigard Fees and Charges Schedule
The permit shall be kept physically plued upon
alarm user. the premises using the alarm system, n e a r t h e
main entrance to be visible to
responding police officers. --, A-" be
leis—representarive. (Ord. 03-12, Ord. 02-05, Ord.
12. "Interconnect" means to connect an alarm 01-21, Ord. 82-32 §4(a), 1982). A separate alarm
system including an automatic dialing device, to a permit is required for each alarm site.
telephone line or computer network connection either
directly or through a mechanical device that utilizes a 11.08.040 Emergency Notification
telephone or comp er
telephone--line—to transmit a message upon the The alarm registration shall be in a form
activation of the alarm system. prescribed by the chief, and shall include the name
address and telephone number(s) of individualW
1 "Monitoring center" means a facility used to authorized by the alarm user to act on their behalf in
receive emergency and general information from an case of emergencies alarms and false alarms.
11-08-2 Code Update: 01104
TIGARD MUNICIPAL CODE
business or residence from further entry or damage,
11.08.050 Fee For Failure To Obtain Of unless the owner or other responsible Person is
mit:Protective Sween present on the scene Prior to the depa_*rure of the
- officer.
provided in Seetion 09 030 user- t fft4s to
obtain ft perit ityAthi -" days c eff-eefive 11.08.070
Person. Delinquent Application
Gify-zotltiii. (Ord. 02-05, Ord.82-32§4(d),1982). metifieation resettrees person at -" times. (Ord.
Any
82-32�4(g),1982)
person who obtains or renews an alarm
permit after the date of enactment of this section will A late charge will be added to the permit fee of
be provided with a form 1equesting consent for the an alarm user who fails to obtain a permit within 60
police to enter and perform a protective sweep of any days or by an alarm user who fails to renew a_perad
building or residence where an alarm is activated the _within 60 days after a permit has expired
building or residence is unsecured or shows signs of
forcible entry_ and no responsible person is 11.08.080 User ingtruetions Governmental
immediately available to give or refuse consent to Unit
enter.
fur ish.into my user- - ft6fm system _hi w
The alarm coordinator shall notify dispatch of all
properties where the owner does not grant consent
under this section and shall request that dispatch flag
the property to notify responding officers of the lack pfepedy end to obtain seraiee for the alafm
of consent.
11.08.060
Peliti-•a'l Unit. Nuisance Alarms evety o4affn business to the Chief of Poke withift
a,..... after the ..rr__ ve a of > s
iftimee
eedi€ed in this ehapter if he finds streh inst3s
issued without payment c t cee a v n not be to be ifleemplefe, unelear or- inadequate, he n-iRy
req i fe the l burevise1.
fhe finposiffen of any penalty provided herein (Ord. to eamply with subsection 11.08.100.4 of this
82-32§4(011982). seetiert and then to distribute the revised
Notwithstanding any other Provision of law a (Ord.82-32§5,1982).
police officer responding to an alarm may disable the A govemmental unit alarm user shall be subject
alarm when no responsible person_ is readily available to this chapter,but a permit shall be issued without a
to silence the alarm and the alarm is disturbing the fee and shall not be subject to revocation additional
peace health or repose of the neighbors Such alarms fees fines or penalties.
are deemed public nuisances and police officers are
hereby authorized to immediately abate such 11.08.090 Automatie Disthog-Deviee Gertain
nuisances by disabling the alarm. in4ereetmeetions Prohibited-. User Instructions
Required.
The police officer must use the least destructive
method available to disable the alarm and shall
provide notice to the homeowner of the time and or- any 911 prefim requiting a pokee
mid i
reason the alarm was disabled The notice may be u ftl - ful r.._ an _l __ tisei, to r A to di '
posted upon the main entrance of the residence or
business. rs �._ hae %4thia
If the police officer forced entry into a building 4;igxrd City—Poke Pepartntent that it is se
or residence to disable an alarm prior to leaving the pregras
police officer will take responsible steps to secure the
11-08-3 Code Update: 01104
TIGARD MUNICIPAL CODE
2. V44iin 96"days itfter the effiefive date of the or any 9-1-1 prefix requiring police response• and it is
unlawful for an alarm user to fail to disconnect or
reprogram an automatic dialing device programmed to
select a primary trunk line within twelve hours of
dtseenneeted-. receipt of written notice from the Tigard Police
3. it is twAswful for my pergon to progrmn ftit Department that it is so rogrammed
11.08.110 Emeessive False Morms And
linenccigned to theme'�� -a 1 f 1 f Enhanced Call Verification
iii—eny--pefmit yeaf, the Clief of Pelee shall
pmvide by 'G-.' :1 ee oC L C
(Ord. 82-32 §6, as! the alsrn user to wke-ea ieetnft aefie :
1982).
of the €else a6rffi fee sehedule. 44te-fees s 'hall' be
Any alarm business selling leasing, or furnishing
an alarm system installed in the City of Tigard shall
provide the alarm user with operating instructions for
the alarm system shat notify the alarm user of the
alarm permit requirement and provide an alarm
permit application and a fee schedule. - queh ..L..0 he deemed ___ c 1
ge
The alarm business shall maintain records
demonstrating compliance with this section, and
provide documentation to the cWefs office upon
request. Calls for emergency response to alarm event ffilse alafm in a perfrAt yeaf-,
by an alarm business must include the corresponding
alarm pemut number.
11.08.100 Response To Alstmo. Auto Dialing set by resolution of the City Gouneil.
Devices In c___ t be paid the City c:_-_.._
thereby re. i i - ergeney response to the the Chief of Poliee widtin ten wedting days o
loemion by the poliee department and the depftoment fee . (Ord. 03-12,Ord. 02-05,Ord. 01-
does respond, the p"""s een'____' on the geene o 21,Ord.87-73§3(Exhibit A(part)),1987).
the ae6vated _ system the
Yroteeted by the
sy9tem ,._a ..Leu determine whether All alarm businesses monitoring alarm systems in
the emergeney regpotise wits in fact required ag the City of Tigard_ will attempt a verification call to
inrlir-oeorl-b the ..i — system whether L a6vm the alarmed premise and if no responsible warty is
located on the initial verification call a second
verification call will be made prior to the alarm
2. if L r ' nel at the seen- business requesting a police alarm dispatch request
11.08.120 No Responge To Emeessive
a1ffffi: Alarms Equipment Standard
whmieh response has L..__ d L 'i'L.. he .J Glp.. _1__-- L
r r �7-�-�� 8. z elui axe 3cevna--raac—as�nr�rnsA-2EtliY2c7'
on of sueb gy9tem to be tmde at any 'That if mBfe-€alseslartns-ePF44#-�L x the
(Ord. 87-73 §3(Exhibit
A(part)),1987).
alarm usef by the Chief of Pokee—,
It is unlawful for any person to program an E. 44tat the.pint t ___t of the,.1. - user- ean
-
automatic dialing device to select a 12rimag trunk Gne orAy be obtftined by the *6rfn tiger furnishing
11-08-4 Code Update: 01104
TIGARD MUNICIPAL CODE
finding by the Chief fhat a reftsomble effort 4. After reeeipt of*9 relevmt evidenee, the H g-
has been made to eorreet-thefialse—slam-and Offieer ghag,
pwfment of all fines assessed by the City for &6-e 01�04 days,reader a deeision.if the HearitW Offieer
alairns;
d. That the ahwm user may appeel the vfthdity of it Y
falseroof-, then the 14eftr;iW Officer sh*H order the
fals.e *lm:n de�erffiination to the Chief of Pokee by appeal bond released to the *ppegs:nt mid reseind the-
Hesi4ngs Offiee
amen.0- of the fee, if applieable, widimin ten da
neeording to Seetion 11.08 of __of then .he HeariiW Offiee_ shall Mer L
fee f s agge ged by the City and enter •fin
such aan s.�-rs
there wig he no pohee re9ponse to subsequent a6rrns €� u
the Ehie€ 'l'he eeerdinata: -h-" send a notiee o (Ord.87-73§3(Exhibit A(part)),1987).
of pokee response�8!
it.The dispateh , Alarm registration does not create a contract
h.4 to Chief of Poliee.mid duty, or obligation_ either expressed or implied of
e.neftlfi:rf"u9er by ecn-med ad. sponse to an alarm Ill liability and consequential
damage resulting from the failure to respond to a
A.The 9tigpeftsion of poliee response to an ohmm sh*H notification is hereby disclaimed and governmental
begin ten days after the doe of dehvery of the notiee immunity as provided by law is retained
of suspension of pokee response to the ohm" use
twAess it ' For heating boo been nmde as The alarm user acknowledges that law
required in Seetion . (Ord.01-21,Ord.93-13 enforcement response may be influenced by factors
§l, 1993). such as availability of police units Priority of calls
weather conditions_ traffic conditions emergency
Alarm businesses installing alarm stems in the conditions staffing levels and Prior response history.
City of Tigard shall use alarm control panels that meet
SIA Control Panel Standard CP-01 Alarm businesses 11.08.140 Gonfidentiefity Statisties.
will maintain records demonstrating compliance with False Alarm Fees.
this section and provide documentation to the chief's H information s.bruit ' acvxpaftecL this
office ul2on request. ehapter gh*H ►_ held in -L_ striefe9t fi-'� ftaa
11.08.130 Appeal Of False Morm. digelostire purstiant to state statute, and my violation
Govemment Immunity.
i Any 1ft who L_- h .] C f 1
�^fvxaxx� a'cF 'iv xxo xxao viceil xxva�cfa v: a xar32 ehapter. The pohee dep*rft"ent shag be ehmged with
Chief of Poliee by giving id posting fk reeordg of any kind whatsee-ver- under dtis ehapter-
bond equal to the mnowit of the fee, if , (Ord.01-21,Ord.82-32§8, 1982).
bond,sueh fee.Upon reeeipt of the appes!notice and An alarm user incurring a false alarm shall be
if arpheabi qhA be get for a hearing. subject to a fee established by the chief The use*
hall be notified by mail of a false alarm occurrence
2. Tlie appel6nf shag be given reasonable notiee o and payment shall be made to the alarm coordinator
within thirty days of receipt of the notice
hearing ""+ if YY
heable, resulf in forfeiture of the
At the chief's discretion. the coordinator shall
notify the alarm user of excessive false alarms and
direct the user to submit a report within ten days o3. f
Pie `lief ofPoliee or lig designee L 4 serve its the notice describing actions to be taken to eliminate
the cause of false alarms Failure to submit a report as
the appellant to show by it preponderanee of the 1 directed shall be grounds for revocation of the alarm
eyidene h L 11
b question wag not a permit.
filge*krtn as defined in Seetion 14.08.020.8-.
11-08-5 Code Update: 01104
TIGARD MUNICIPAL CODE
11.08.15 . Penalties reinstatement fee No alarm l2ermit may be reinstated
until all outstanding fees_ fines or penalties are paid in
.Harm users incurring three or more false A= full,
within a perrnit year shall be subject to a fine The
user will be notified by mail of the fine and payment 11.08.160 Enforeement And PenalfiesT Alarm
shall be made to the alarm coordinator within thin Permit Revoked
days of receipt of the notice.
eenvietion by a G-^ of not more then G V d d
Additional penalties will be charged to a user that deum.
is more than sixny days delinquent in payang false 2.The fedure affirly with any seeften
alarm fees_fines or penalties. At the chief's discretion
, of this ehapwr 91mg he deemed a- flmai be
the alarm coordinator shall notify thela�rn user ofgo preseeuted, stii�eet to the penalty provided itt
excessive false alarms and direct the user to submit a . Ord. 82-32
report within ten days of receipt to the notice §10,1982).
describing the actions to be taken to eliminate the
cause of the false alarms. It is unlawful to generate additional false alarms
on a permit that has been revoked and not reinstated
Failure to pay a renewal fee false alarm fee or .any alarm user who has had their alarm permit
fine within ninety days shall result in revocation of the revoked shall take steps to disable the alarm or
alarm permit until all fees are paid 'The alarm use otherwise configure the alarm system so it does not
shall be notified by mail that no further law generate additional false alarms.
enforcement response to alarms at that 12ropegy will
be forthcoming. The alarm user shall have fourteen Notwithstanding the fact that police response has
days from the date of the revocation notice to make been discontinued due to revocation generating
payment arrangements with the chiefs office If fees additional false alarms after an alarm permit has been
remain unpaid and no payment arrangement is made revoked and not reinstated constitutes a violation of
at the expiration of fourteen days after the date of the this Code and is punishable by a fine
revocation notice the chief's office shall notify
dispatch of the revocation and shall request that 11.08.170 Confidentiality.
dispatch flag the property for non-response on any
additional alarms generated at the property until the All information supplied on an alarm permit
permit is reinstated. application is recognized as personally confidential
and will be withheld from disclosure under public
If more than six false alarms are generated within records law to the extent allowable under the law.
a twelve-month period the alarm coordinator may
revoke the alarm permit for a period of not more than 11.08.180 Interpretation.
one year. This revocation shall be in addition to and
separate from any false alarm fines. The alarm user 'Phis chapter shall be liberally construed to affect
shall be notified by mail of the revocation and the fact the purpose of the ordinance codified and to achieve
that no further police response will be forthcoming uniform interpretation and application of the
for alarms generated at the property The alarm user respective ordinances.
will have fourteen days from the date of the
revocation notice to petition the chiefs office for 11.08.190 Senior Citizen Exemption
reconsideration Requests to reconsider a revocation
under this section will be considered if all fees fines If a residential alarm user is over the age of
f sixt
and penalties are current and a written plan to resolve or physically handicapped and is the primary resident
false alarms is submitted of the residence and no business is conducted in the
residence_ a permit may be obtained without the
If no petition for reconsideration is made or if payment of a fee.
the chief denies the petition the chiefs office shall
notify the alarm user and dispatch of the revocation 11.08.200 Allocation of Revenues.
The propegy will be flagged for nonresponse on any
additional alarms generated at the proper untd the AU penalties collected pursuant to this chapter shall be
alarm permit is reinstated. Any alarm user who has deposited to the city general fund.
had their alarm permit revoked shall pay a
11-08-6 Code Update: 01104