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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. ' d 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. It (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, t (e) "Dispatch Center" is the City facility used to receive emergency and general information from the public. fi ORDINANCE No. 82- r, c (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. I (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. i (k) "Primary Trunk Line" means a telephone line serving the Dispatch Center that is designated to receive emergency calls. x x S (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. PAGE 2 k ORDINANCE No. 82-,2,2. i s. 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. ( 1 (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); ' z (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) z<< 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. - PACE 3 ORDINANCE No. 82-J.&_ k 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. c 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 a (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 i ' l PAGE 4 ORDINANCE No. 82--_3� } B ^ (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. r (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. } t (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 ; PAGE 5 ORDINANCE No. 82 t i f 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. E f 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. E (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 PAGE p, 4 ORDINANCE No. 82- ^f