Ordinance No. 87-73 CITY OF TIGARD, OREGON
ORDINANCE NO. 87•--_:7
AN ORDINANCE OF THE TIGARD CITY COUNCIL. AMENDING CHP')TER 11.08 OF' THE. TIGARD
MUNICIPAL CODE RELATING 'TO BURGLARY AND ROBBERY At-ARM SYSTEMS, SETTING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
WHEREAS, the Tigard City Council wishes to encourage the use of burglary and
robbery alarms by citizens and businesses in the City; and
WHEREAS, the Tigard Municipal Code currently provides for false alarm permit
revocations which would discourage use of alarm systems.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 11.08 of the Tigard Municipal Code, relating to Burglary
and Robbery Alarm Systems, is hereby amended by deleting the
following Sections in their entirety: 11..08.040, Revoked user's
permit; 11.08.070, Required alarms---False alarm fees; and
11.08.120, False alarms--Permit revocation. Said sections
refe:'rence 'also alarm permit revocation process
SECTION 2.: Subsection 11.08.07..0 (h) shall be amended to read as follows to
eliminate duplicate language in the code: (Underlined language is
to be added & [bracketed] language is to be deleted.)
1111.08.020 (h) "False alarm" means an alarm signal eliciting a
response by police when a situation requiring a response by the
police [where 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 curcumstances
not reasonably subject to control by the alarm business operator or
alarm user."
SECTION 3: New sections shall be added setting out alarm response procedures
-- and excessive false alarm fees as set forth in the attached Exhibit
"A" and by reference made a part hereof.
Section 4: Inasmuch as it is necessary for the peace, health and safety of the
people of the City of Tigard that this amendment be. made with the
least passible delay so that use of burglary & robbery alarm
systems are encouraged an emergency is hereby declared to exist; and
this ordinance shall become effective January 1, 1988.
MASSED: By vote of all Council members present: after
being read by number and title only, this day
of �.:� I e,. 1987.
aforeen R. Wilson, City Recorder
APPROVED: This 21st day of December, 1987.
Appr ved as to form 7
Thomas M. Brian, Mayor
b1tyJ Attornz; 1
�f7
Date
1w/2154D
ORDINANCE NO. 87
EXHIBIT "A"
SEC. 11.0.8. 1 1 Rc�SP T RVISE 'n n In11\ J
(a) Whenever an alarm is activated in the City thereby requiring an emergency
response to the location by the police department and the department does
respond, the police persinnc!l on the scene of the activated alarm system
shall inspect the area protected by the system and shall determine
whether the emergency response was in fact required as indicated by the
alarm system or whether the alarm signal was a false alarm,
(b) If the police department personnel at the scene of the activated -alarm
system determine the alarm to be false, said personnel shall make a
report of the false alarm.
(c) The Chief of Police or his designee shall have the right to inspect any
alarm system on the premises to which response has been made, and he may
cause an inspection of such system to be made at any reasonable time
thereafter.
SEC. 11.06.123 EXCESSIVE FALSE ALARMS AND FEE ASSESSMENT
(a) If any alarm system produces four false alarms in any calendar year, the
Chief of Police shall provide by certified mail written notice of the
fact asking the alarm user to take corrective action in regard to False
alarms and informing the alarm user- of the false alarm fee schedule
provided herein.
(b) Alarm users installing a new system or snaking substantial modifications
to art existing system shall be entitled to a grace period during which
alarms generated by such system shall be deemed nun—false alarms. The
grace period shall cease thirty days after installation of or modifica—
tion to an alarm system.
(c) Upon any alarm system producing the fifth and sixth false alarm in a
calendar year, a fee of fifty dollars per false alarm shall be charged to
the alarm user. The following fee schedule shall be used for each
additional alarm:
(1) Seventh and eighth false alarms in a calendar year, a fee of
seventy-five dollars per false alarm shall be assessed.
(2) Nine or more false alarms in a calendar year, a fee of one hundred
fifty dollars per false alarm shall be assessed.
All fees assessed must: be paid to the City Finance Division or a written
appeal must be submitted to the Chief of Police within three working -nays
of fee assessment.
ORDINANCE NO. 87-7 3
f
SEC. 11.08.125 APPEAL OF FALSE ALARM
(a) Any alarm user who has been notified of a false alarm or assessed a false
n alarm fee may appeal to the Chief of Police by giving written notice and
posting a bond equal to the amount of the fee, if applicable, within
three working days of the invoice assessing such fee. Upon receipt of
the appeal notice and bond, if applicable, a time certain shall be set
for, a hearing.
(b) The appellant shall be given reasonable notice of such hearing, failure
of the appellant to appear at such hearing shall, if applicable, result
in forfeiture of the appeal bond, and application of said bond toward the
false alarm fee assessed by the City.
(c) The Chief of Police or his designee shall serve as hearings officer. The
burden of proof shall be upon the appellant to show by a preponderance of
the evidence that the alarm signal in question was not a false alarm as
defined in Section 11 ,08.020(h) of this Chapter.
(d) After receipt of all relevant evidence, the hearings officer, shall,
within three working days. render a decision. If the hearings officer
determines that the appellant has met the b, rden of proof, then thE�
hearings officer shall order the appeal bond released to the appellant
and rescind the false alarm determination. If the hearings 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,
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ORDINANCE: NO. 87—