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HomeMy WebLinkAboutOrdinance No. 26-08 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 26- 08 AN ORDINANCE AMENDING CHAPTER 11.08 OF THE TIGARD MUNICIPAL CODE "ALARM SYSTEMS" WITH UPDATED AND ADDITIONAL LANGUAGE WHEREAS,the City of Tigard is engaged in efforts to modernize its enterprise systems, including adoption of a new system, Enterprise Permitting and Licensing (EPL), to support permit and license administration, including alarm permits; and WHEREAS,the Tigard Police Department desires to revise the language of Tigard Municipal Code Chapter 11.08 to align with the City's updated permitting system; and WHEREAS, the Tigard Police Department recommends to modernize existing language to conform with current industry standards and improve clarity and applicability; and WHEREAS, the Tigard Police Department seeks to add an appeal process that aligns with similar processes adopted by neighboring jurisdictions and agencies. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 11.08 is amended as shown in Exhibit A (additional text in underline and deleted text in strikcthrotugh) 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 VfAftrfOUS vote of all council members present after being read by number and title only,this 1" day of R For , 2026 iL ndsay Bartholomew, Deputy City Recorder APPROVED: By Tigard City Council this 1 Th day of cter t 1 , 2026. Yi-Ka u, Mayor ORDINANCE NO. 26- O8 Page 1 Approved as to form: City Attorney /( Date ORDINANCE NO. 26- O$ Page 2 Exhibit A CHAPTER 11.08 ALARM SYSTEMS § 11.08.000. Title. This ordinance shall be is known as the"alarm ordinance"for the City of Tigard. § 11.08.010. Purpose. The purpose of this chapter is to encourage alarm users and alarm businesses to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarm systems to prevent unnecessary police emergency responses to false alarms and thereby protect the emergency response capability of the eity City from misuse. § 11.08.020. Definitions. "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. "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. "Alarm system"means any assembly of equipment, ,arranged to signalthe occurrence of an illegal entry or other activity requiring urgent attention to which police may respond.This definition does not include car, medicaLorfire alarms. "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. "Automatic dialing device" means a device connected to a telephone line or Internet internet connection programmed to select a predetermined telephone number or Internet Internet location (URL address) and transmit by voice message or code signal an emergency message indicating a need for emergency response. "Chief" means the City of Tigard Chief of Police, or designee. "City" means the City of Tigard. "Communication path" means a telephone line or internet connection serving the police dispatch center that is designated to receive police calls. "Coordinator" means the individual designated by the chief to issue alarm permits and enforce the provisions of this chapter. "Current alarm permit" means an alarm permit that is not expired or revoked, and does not have any outstanding fees,finest or penalties. "Dispatch center" means the facility used to receive emergency and general information from the public. "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. "Monitoring center" means a facility used to receive emergency and general information from an alarm user and to direct an emergency response. "Permit" means an alarm permit, issued by the City of Tigard. "Permit renewal" means to renew an existing permit to replace an expired permit, where the alarm system is designed and used for substantially the same building, facility, or structure. § 11.08.030. Alarm Permit Required. Every alarm user shall must obtain an alarm permit for their alarm system from the coordinator's office upon the effective date of the ordinance codified in this chapter or prior to use of an alarm system. An application or renewal for a permit shall must be filed annually with the coordinator's office, required by the chief. Each permit shall must bear the signature of the chief and strait will be valid for a one-year period.The fees and fines for of alarm permits are included in the City of Tigard Fees and Charges Schedule. The permit shall must be physically placed upon the premises using the alarm systems and near the main entrance to be visible to responding police officers. A separate alarm permit is required for each alarm site. § 11.08.040. Emergency Notification. The alarm registration shall will be in a form prescribed by the chief, and shaft include the name, address and telephone number(s)of individual(s)authorized by the alarm user to act on their behalf in case of emergencies, alarms and false alarms. § 11.08.050. Protective Sweep. Any person who obtains or renews an alarm permit after the date of enactment of this section chapter will indicate whether they give 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 will 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. § 11.08.060. Nuisance Alarms. Notwithstanding any other provision of law, a police officer responding to an alarm may disable the alarm when no responsible person is readily available to silence the alarm and the alarm is disturbing the peace, health, or repose of the neighbors. Such alarms are deemed public nuisances; and police officers are hereby authorized to immediately abate such nuisances by disabling the alarm. The police officer must use the least destructive method available to disable the alarm and ,rtd shall provide notice to the homeowner property owner of the time and reason the alarm was disabled.The notice may be posted upon the main entrance of the residence or business. If the police officer forced entry into a building or residence to disable an alarm, prior to leaving,the police officer will take responsible steps to secure the business or residence from further entry or damage, unless the owner or other responsible person is present on the scene prior to the departure of the officer. § 11.08.070. Delinquent Application. A late charge will be added to the permit fee of an alarm user who fails to obtain a permit within 60 days after notification by the City or by an alarm user who fails to renew a permit within 60 days after a permit has expired. § 11.08.080. Governmental Unit. A governmental unit alarm user shall-be is subject to this chapter; but a permit shall may be issued without a fee and shaitthe governmental unit will not be subject to revocation,additional fees,fines or penalties. § 11.08.090. User Instructions Required. Any alarm business selling, leasing, or furnishing an alarm system installed in the City of Tigard shalt must provide the alarm user with operating instructions for the alarm system, shall notify the alarm user of the alarm permit requirement, and provide an alarm permit application and a fee schedule. The alarm business shall must maintain records demonstrating compliance with this section;and provide documentation to the chief's office upon request. Calls for emergency response to an alarm event by an alarm business must include the alarm user's corresponding alarm permit number. § 11.08.100. Auto Dialing Devices. It is unlawful for any person to program an automatic dialing device to select a communication path or any 9-1-1 prefix requiring police response. ; and it It is also unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device programmed to select a communication path within 12 hours of receipt of written notice from the Tigard Police Department that it is so programmed. § 11.08.110. Enhanced Call Verification. All alarm businesses monitoring alarm systems in the City e€Tigare;will attempt a verification call to the alarmed premises 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. § 11.08.120. Equipment Standard. Alarm businesses installing alarm systems in the City of Tigard shalt must use alarm control panels that meet SIA Control Panel Standard CP-01 or equivalent standards. Alarm businesses will maintain records demonstrating compliance with this section;and provide documentation to the chief's office upon request. § 11.08.130. Government Immunity. Alarm registration does not create a contract, duty, or obligation, either expressed or implied, of response to an alarm. All liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. The alarm user acknowledges that law enforcement response may be influenced by factors such as availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, and prior response history. § 11.08.140. False Alarm Fees. An alarm user incurring a false alarm small may be subject to a fee established by the chief.The user shall will be notified byrrts*-the coordinator's office of a false alarm occurrence and paymentsihall must be made to the City within 30 days of receipt of the notice. At the chief's discretion, the coordinator shall will notify the alarm user of excessive false alarms and direct the user to submit a report within 10 days of the notice describing actions to be taken to eliminate the cause of false alarms. Failure to submit a report as directed shall will be grounds for revocation of the alarm permit. § 11.08.150. Penalties. Alarm users incurring three or more false alarms within a permit year shall will be subject to a fine. The user will be notified by mait the coordinator's office of the fine, and payment shall must be made to the City within 30 days of receipt of the notice. Additional penalties will be charged to a user that is more than 60 days delinquent in paying false alarm fees, fines,or penalties. At the chief's discretion, the alarm coordinator strait will notify the alarm user of excessive false alarms and direct the user to submit a report within 10 days of receipt to the notice describing the actions to be taken to eliminate the cause of the false alarms. Failure to pay a renewal fee, false alarm fee, or fine within 90 days shalt will result in revocation of the alarm permit until all fees are paid. The alarm user shalt will be notified by mail that the City police department will no longer respond to alarms at that property. The alarm user strati will have 14 days from the date of the revocation notice to make payment arrangements with the chief's office. If fees remain unpaid and no payment arrangement is made at the expiration of 14 days after the date of the revocation notice, the chief's office shall will notify dispatch of the revocation and shalt request that dispatch flag the property for non-response on any additional alarms generated at the property until the permit is reinstated. If more than six false alarms are generated within a 12-month period, the alarm coordinator may revoke the alarm permit for a period of not more than one year.This revocation shall be is in addition to and separate from any false alarm fines. The alarm user shall will be notified by mail of the revocation and the fact that no further police response will be forthcoming occur for alarms generated at the property. The alarm user will have 14 days from the date of the revocation notice to petition the chief's office for reconsideration. Requests to reconsider a revocation under this section will be considered if all fees,fines,and penalties are current and a written plan to resolve false alarms is submitted. If no petition for reconsideration is made or if the chief denies the petition, the chief's office shalt will notify the alarm user and dispatch of the revocation. The property will be flagged for nonresponse on any additional alarms generated at the property; until the alarm permit is reinstated.Any alarm user who has had their alarm permit revoked shall must pay a reinstatement fee. No alarm permit may be reinstated until all outstanding fees,fines or penalties are paid in full. § 11.08.160. Alarm Permit Revoked. It is unlawful to generate additional false alarms on a permit that has been revoked and not reinstated.Any alarm user who has had their alarm permit revoked shall must take steps to disable the alarm or otherwise configure the alarm system so it does not generate additional false alarms. Notwithstanding the fact that police response has been discontinued due to revocation,generating additional false alarms;after an alarm permit has been revoked and not reinstated, constitutes a violation of this code and is punishable by a fine set by resolution of the City Council. § 11.08.170. Confidentiality. All information supplied on an alarm permit application is recognized as personally confidential and will be withheld from disclosure under public records law to the extent allowable under the law. § 11.08.180. Interpretation. This chapter shall will be liberally construed to effect the purpose of the ordinance codified and to achieve uniform interpretation and application of the respective ordinances. § 11.08.190. Residential Alarm Exemption. If a residential alarm user has an ADA-qualifying disability is-or is over the age of 60, d, and is the primary resident of the residence and no business is conducted in the residence, a permit may be obtained without the payment of a fee. § 11.08.200. Allocation of Revenues. All penalties collected pursuant to this chapter shall be deposited to the city City general fund. § 11.08.210. Allocation of Revenues. An alarm user whose system has set off a false alarm may appeal the finding to the chief's office within 15 days following issuance of notice from the City. The chief will serve as the hearing officer. The burden ofroof will be upon the alarm user to show by a preponderance of the evidence that the alarm signal was not a false alarm.The hearing officer will review all relevant evidence provided bythe alarm user and will render a decision within 15 days after receiving that information from the alarm user. The hearing officer will thereafter send a decision to the alarm user. If the hearing officer determines that the alarm user: 1. Has met the burden of proof, then the coordinator's office will rescind the false alarm determination; or 2. Has not met the burden of proof. then the coordinator's office may enter the alarm as a false alarm and the alarm user will pay any applicable fee assessed by the City.