Ordinance No. 01-21 CITY OF TIGARD,OREGON
ORDINANCE NO.01-a 1
AN ORDINANCE AMENDING SECTION 11.08 OF THE TIGARD MUNICIPAL CODE -
BURGLARY AND ROBBERY ALARM SYSTEMS
WHEREAS,Sub section 11.08.030 and 11.08.050 states that the City Recorder issues alarm permits,when
in fact the permits are issued by the Alarm Coordinator,and
WHEREAS,the length of time allowed for paying of fees assessed for excessive false alarms or for making
a written appeal is 3 working days,and
WHEREAS,it would be more workable if the length of time were changed to 10 working days for payment
of fees assessed and written appeal,and
WHEREAS, subsection 11.08.124 of the TMC states that upon the fourth false alarm certified letters will
be mailed to the alarm user,the dispatcher and the contact persons named by the alarm user,and
WHEREAS,the addresses of contact persons are not maintained in the alarm records,and
WHEREAS, sub section 11.08.130 (b) requirement to maintain "statistics having the purpose of assisting
alarm system evaluation for use by members of the public"is not feasible;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sub section 11.08,030 and 11.08.050 is amended to change the words City Recorder to
Alarm Coordinator.
SECTION 2: Sub section 11.08.123 is amended to read" . . .must be submitted to the Chief of Police
within 10 working days of fee assessment."
SECTION 3: Sub section 11.08.124(b)(4)and 11.08.130(b)are deleted.
SECTION 4: 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 U/10ftW5 vote of all Council members present after being read by number and
title only,this &3 day of vt ,2001.
-amu:IXA
Catherine Wheatley,City kecorder
ORDINANCE No.01-a (
Page 1
f b1
APPROVED: BY Tigard and City Council this day of M 2001.
AfA.A JA
es E.Gri 'th, ay
Approved as to form:
Attorney
11 // 3 /,0r
Date
ORDINANCE No.01-i2j
Page 2
T IGARD MUNICIPAL CODE
Chapter 11.08 BURGLARY AND ROBBERY repairing,altering,replacing,moving or installing
ALARM SYSTEMS any alarm system or causing to be sold, ]eased,
maintained, serviced, repaired, altered, replaced,
Sections: moved or installed any alarm system in or on any
building,structure or facility.
11.08.010 Purpose and scope.
11.08.020 Definitions. (b) "Alarm system" means any assembly of
11.08.030 Alarm user permits required. equipment, mechanical or electrical, arranged to
11.08.050 Senior citizens'exemption. signal the occurrence of an illegal entry or other
11.08.060 Charge for failure to obtain or activity requiring urgent attention and to which
renew permit. police are expected to respond.
11.08.080 Exemption for governmental
political unit. (c) "Alarm user" means the person, firm,
11.08.090 Emergency notification partnership, association, corporation, company or
resources person. organization of any kind in control of any
11.08.100 User instructions, building, structure or facility in which an alarm
11.08.110 Automatic dialing device— system is maintained.
Certain interconnections
prohibited. (d) "Automatic dialing device" means a
11.08.121 Response to alarms. device which is connected to a telephone line and
11.08.123 Excessive false alarms and fee is programmed to select a predetermined
assessment. telephone number and transmit by voice message
11.08.124 No response to excessive or code signal an emergency message indicating a
alarms. need for emergency response.
11.08.125 Appeal of false alarm.
11.08.130 Confidentiality-Statistics. (e) "Burglary alarm system" means an
11.08.140 Allocation of revenues. alarm system signaling an entry or attempted
11.08.150 Enforcement and penalties. entry into the area protected by the system,
inclusive of silent and audible alarm systems.
11.08.010 .Purpose and scope.
(f) "Coordinator" means the individual
(a) The purpose of this chapter is to protect designated by the chief of police to manage and
the emergency services of the city from misuse. enforce the provisions of this chapter.
(b) This chapter governs burglary and (g) "Dispatch center" is the city facility
robbery alarm systems, requires permits, used to receive emergency and general
establishes fees, provides for revocation of information from the public.
permits, and provides for punishment of
violations.(Ord.82-32§2, 1982). (h) "False alarm" means an alarm signal
eliciting a response by police when a situation
11.08.020 Defmitions. requiring a response by the police does not in fact
exist. It does not include an alarm signal caused
(a) "Alarm business"means the business by by violent conditions or nature or other
any individual, partnership, corporation, or other extraordinary circumstances not reasonably
entity of selling, leasing, maintaining, servicing, subject to control by the alarm business operator
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TIGARD MUNICIPAL CODE
or alarm user. If a residential alarm user is over the age of
sixty and/or is physically handicapped and is the
(i) "Governmental political unit" means primary resident of the residence and if no
any tax-supported public agency. business is conducted in the residence, a user's
permit may be obtained from the eitt--teeeMeOs
(j) "Interconnect" means to connect an alarm coordinator's office according to Section
alarm system including an automatic dialing 11.08.030 without the payment of a fee. (Ord. 82-
device to a telephone line, either directly or 32§4(c), 1982).
through a mechanical device that utilizes a
telephone, for the purpose of using the telephone 11.08.060 Charge for failure to obtain or
line to transmit a message upon the activation of renew permit.
the alarm system.
A twenty-five dollar charge will be charged
(k) "Primary trunk line" means a telephone in addition to the fee provided in Section
line serving the dispatch center that is designated 11.08.030 to a user who fails to obtain a permit
to receive emergency calls. within sixty days after the effective date of the
ordinance codified in this chapter or who is more
(1) "Robbery alarm system" means an than sixty days delinquent in renewing a permit.
alarm system signaling a robbery or attempted (Ord. 82-32§4(d), 1982).
robbery. (Ord. 87-73 §2, 1987; Ord. 82-32 §3,
1982). 11.08.080 Exemption for governmental
political unit.
11.08.030 Alarm user permits required.
An alarm user which is a governmental
Every alarm user shall obtain an alarm user political unit shall be subject to this chapter but a
permit for each system from the eity r-eeerder permit shall be issued without payment of the fee
alarm coordinator from the effective date of the and shall not be subject to revocation or payment
ordinance codified in this chapter or prior to use of additional fees or the imposition of any penalty
of an alarm system. Users of systems having both provided herein.(Ord..82-32§4(f), 1982).
robbery and burglary alarm capabilities shall
obtain separate permits for each function. 11.08.090 Emergency notification
Application for a burglary or robbery alarm user's resources person.
permit and a fifteen-dollar fee shall be filed with
the city recorder each year. The fee for a The alarm permittee shall provide the police
combination burglary-robbery user's permit shall department with a current updated emergency
be twenty-five dollars. Each permit shall bear the notification resources person at all times. (Ord.
signature of the chief of police, and be for a one- 82-32 §4(g), 1982).
year period. The permit shall be kept physically
upon the premises using the alarm system, and 11.08.100 User instructions.
shall be available for inspection by the chief of
police or his representative. (Ord. 82-32 §4(a), (a) Every alarm business selling, leasing or
1982). furnishing to any user an alarm system which is
installed on premises located in the city shall
11.08.050 Senior citizens'exemption. furnish the user with instructions that provide
information to enable the user to operate the alarm
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TIGARD MUNICIPAL CODE
system properly and to obtain service for the city thereby requiring an emergency response to
alarm system at any time. the location by the police department and the
(b) Standard form instructions shall be department does respond, the police personnel on
submitted by every alarm business to the chief of the scene of the activated alarm system shall
police within sixty days after the effective date of inspect the area protected by the system and shall
the ordinance codified in this chapter. If he finds determine whether the emergency response was in
such instructions to be incomplete, unclear or fact required as indicated by the alarm system or
inadequate, he may require the alarm business to whether the alarm signal was a false alarm.
revise the instructions to comply with subsection
(a) of this section and then to distribute the (b) If the police department personnel at the
revised instructions to its alarm users.(Ord. 82-32 scene of the activated alarm system determine the
§5, 1982). alarm to be false, said personnel shall make a
report of the false alarm.
11.08.110 Automatic dialing device—
Certain interconnections (c) The chief of police or his designee shall
prohibited. have the right to inspect any alarm system on the
premises to which response has been made, and
(a) It is unlawful for any person to program he may cause an inspection of such system to be
an automatic dialing device to select a primary made at any reasonable time thereafter. (Ord. 87-
trunk line or any 911 prefix requiring a police 73 §3(Exhibit A(part)), 1987).
response; and it is unlawful for an alarm user to
fail to disconnect or reprogram an automatic 11.08.123 Excessive false alarms and fee
dialing device which is programmed to select a assessment.
primary trunk line within twelve hours of receipt
of written notice from the Tigard city police (a) If any alarm system produces four false
department that it is so programmed. alarms in any calendar year, the chief of police
shall provide by certified mail written notice of
(b) Within sixty days after the effective date the fact asking the alarm user to take corrective
of the ordinance codified in this chapter, all action in regard to false alarms and informing the
existing automatic dialing devices programmed to alarm user of the false alarm fee schedule
select a primary trunk line shall he reprogrammed provided herein.
or disconnected.
(b) Alarm users installing a new system or
(c) It is unlawful for any person to program making substantial modifications to an existing
an automatic dialing device to select any system shall be entitled to a grace period during
telephone line assigned ) the city; and it is which alarms generated by such system shall be
unlawful for an alarm use, to fail to disconnect or deemed nonfalse alarms. The grace period shall
reprogram such device within twelve hours of cease thirty days after installation of or
receipt of written notice from the Tigard police modification to an alarm system.
department that an automatic dialing device is so
programmed.(Ord. 82-32§6, 1982). (c) Upon any alarm system producing the
fifth and sixth false alarm in a calendar year,a fee
11.08.121 Response to alarms. of fifty dollars per false alarm shall be charged to
the alarm user. The following fee schedule shall
(a) Whenever an alarm is activated in the be used for each additional alarm:
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TIGARD MUNICIPAL CODE
(1) Seventh and eighth false alarms in (b) After the fourth false alarm within the
a calendar year, a fee of seventy-five dollars per permit year there will be no police response to
false alarm shall be assessed. subsequent alarms without reinstatement approval
of the alarm user by the chief. The coordinator
(2) Nine or more false alarms in a shall send a notice of suspension of police
calendar year, a fee of one hundred fifty dollars response to:
per false alarm shall be assessed.
(1) The dispatch center;
All fees assessed must be paid to the city
finance division or a written appeal must be (2) The chief of police;
submitted to the chief of police within twee ten and
working days of fee assessment. (Ord. 87-73 (3) The alarm user by certified mail,.
§3(Exhibit A(part)), 1987). affid
11.08.124 No response to excessive (4) The per-sons h9fed on the a afm
alarms.
(a) After the second false alarm the
coordinator shall send a notification to the alarm (c) The suspension of police response to an
user by regular mail which will contain the alarm shall begin ten days after the date of
following information: delivery of the notice of suspension of police
response to the alarm user unless a written request
(1) That the second false alarm has for hearing has been made as required in Section
occurred; 11.08.125. (Ord.93-13 §1, 1993).
(2) That if two more false alarms occur 11.08.125 Appeal of false alarm.
within the permit year police officers will not
respond to any subsequent alarms without the (a) Any alarm user who has been notified of
reinstatement of the alarm user by the chief of a false alarm or assessed a false alarm fee may
police; appeal to the chief of police by giving written
notice and posting a bond equal to the amount of
(3) That the reinstatement of the alarm the fee,if applicable,within three working days of
user can only be obtained by the alarm user the invoice assessing such fee. Upon receipt of
furnishing written proof of efforts taken to correct the appeal notice and bond, if applicable, a time
the false alarms, a finding by the chief that a certain shall be set for a hearing.
reasonable effort has been made to correct the
false alarms,and payment of all fines assessed by (b) The appellant shall be given reasonable
the city for false alarms; notice of such hearing, failure of the appellant to
appear at such hearing shall, if applicable, result
(4) That the alarm user may appeal the in forfeiture of the appeal bond,and application of
validity of a false alarm determination to the chief said bond toward the false alarm fee assessed by
of police by giving written notice and posting a the city.
bond equal to the amount of the fee, if applicable,
within ten days,according to Section 11.08.125. (c) The chief of police or his designee shall
11-08-4 Reformatted 1994
TIGARD MUNICIPAL CODE
serve as hearings officer. The burden of proof fund revenue of the city of Tigard.(Ord.82-32 §9,
shall be upon the appellant to show by a 1982).
preponderance of the evidence that the alarm 11.08.150 Enforcement and penalties.
signal in question was not a false alarm as defined
in Section 11.08.020(h). (a) Violation of this chapter shall be
punished upon conviction by a fine of not more
(d) After receipt of all relevant evidence, than five hundred dollars.
the hearings officer shall, within three working
days, render a decision. If the hearings officer (b) The failure or omission to comply with
determines that the appellant has met the burden any section of this chapter shall be deemed a
of proof, then the hearings officer shall order the violation and may be so prosecuted,subject to the
appeal bond released to the appellant and rescind penalty provided in subsection (a) of this section.
the false alarm determination. If the hearings (Ord.82-32§10, 1982).
officer determines that the appellant has not met
the burden of proof,then the hearings officer shall
order the appeal bond be forfeited and applied
toward the alarm fee as assessed by the city and
enter such alarm as a false alarm.
(e) All decisions made pursuant to this
section are final. (Ord. 87-73 §3(Exhibit A(part)),
1987).
11.08.130 Confidentiality--Statistics.
(a) All information submitted in compliance
with this chapter 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 chapter. The police
department shall be charged with the sole
responsibility for the maintenance of all records of
any kind whatsoever under this chapter.
member-9 of the publie.(Qfd. 82 32 ,
1982).
11.08.140 Allocation of revenues.
All fees, fines and forfeitures of bail
collected pursuant to this chapter shall be general
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