Chapter 5.08 - ALARM SYSTEMS[2]
Footnotes:
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Editor's note— Ord. No. 19-1002, § 1, adopted March 20, 2019, repealed the former Chapter 5.08, §§ 5.08.010—5.08.120, and enacted a new Chapter 5.08 as set out herein. The former Chapter 5.08 pertained to similar subject matter and derived from Ord. No. 01-1017, 2001.
5.08.010 - Purpose and scope.
A. The majority of alarms to which the police department responds are false alarms, which are reported to the police by alarm companies.
B. Most false alarms are the result of improper maintenance or improper or careless use of an alarm system.
C. The public and police officers can be subjected to needless danger when the officers are called to respond to false alarms.
D. Officers responding to false alarms are not immediately available to carry out other police duties.
E. In the interest of using limited police resources most effectively and efficiently, the number of false alarms can and must be reduced.
F. The purpose of this chapter is to reduce the potential dangers and inefficiencies associated with false alarms and to encourage alarm companies and property owners to maintain the operational reliability, properly use alarm systems, and to reduce or eliminate false alarm dispatch requests.
G. This chapter governs systems intended to summon a police response, establishes fees, fines, establishes a system of administration, sets conditions for the suspension of a police response and establishes a public education and training program.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.020 - Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
"Alarm administrator" means the person or persons designated by the police department to administer the provisions of this chapter.
"Alarm agreement" means the legal contract or agreement by and between the alarm installation company and/or monitoring company and the alarm user.
"Alarm agreement holding company" means the alarm installation company or monitoring company that holds the alarm agreement with the alarm user.
"Alarm dispatch request" means a notification to the police department that an alarm, either manual or automatic, has been activated at a particular alarm site.
"Alarm installation company" means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system at an alarm site for compensation, and includes individuals or firms that install and service alarm systems used in a private business or proprietary facility.
"Alarm registration" means a registration and unique number issued by the alarm administrator to an alarm user, which authorizes the operation of an alarm system.
"Alarm response manager (ARM)" means a person designated by an alarm installation company and monitoring company to handle alarm issues for the company and act as the primary point of contact for the city's alarm administrator.
"Alarm site" means a location served by one or more alarm systems. In a multi-unit building or complex, each unit shall be considered a separate alarm site if served by a separate alarm system. In a single unit building that houses two or more separate businesses with separate alarm systems, each business will be considered a separate alarm site.
"Alarm system" means a device or series of devices, which emit or transmit an audible or remote visual or electronic alarm signal, which is intended to summon police response. The term includes hardwired systems, surveillance cameras and systems interconnected with a radio frequency method such as cellular or private radio signals, and includes local alarm systems, but does not include an alarm installed in a motor vehicle or a system which will not emit a signal either audible or visible from the outside of the building, residence or beyond, but is designed solely to alert the occupants of a building or residence.
"Alarm user" means any person who has contracted for monitoring, repair, installation or maintenance service for an alarm system from an alarm installation company or monitoring company, or who owns or operates an alarm system which is not monitored, maintained or repaired under agreement.
"Alarm user awareness class" means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.
"Alarm user list" means a list provided by the alarm user's alarm installation company or if no alarm agreement exists between the alarm user and an alarm installation company, the alarm user's monitoring company.
"Arming station" means a device that controls an alarm system.
"Automatic voice dialer" means any electronic, mechanical, or other device which, when activated, is capable of being programmed to send a prerecorded voice message to the police department or city requesting an officer dispatch to an alarm site.
"Burglar alarm" means an alarm intended to identify the presence of an intruder in either a business or residence.
"Business license" means a business license issued by the city of Oregon City business license division to an alarm installation company or monitoring company to conduct business in the city.
"Cancellation" means the termination of a police response to an alarm site after an alarm dispatch request is made but before an officer's arrival at the alarm site.
"City" means city of Oregon City.
"Conversion of alarm user" means the transaction or process by which one alarm installation company or monitoring company begins the servicing or monitoring of a previously unmonitored alarm system or an alarm system that was previously serviced or monitored by another alarm company.
"Duress alarm" means a silent alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system and requires an officer response.
"Enhanced call confirmation (ECC)" means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user and/or the alarm user's designated representatives by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting a police burglar alarm dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this chapter, telephone confirmation shall require, as a minimum that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting an officer dispatch. Names and numbers or those contacted or attempted to contact, shall be provided when requested.
"False alarm" means an alarm dispatch request to the police department, which results in the responding officer finding no evidence of a criminal offense or attempted criminal offense after completing an investigation of the alarm site, or, in the alternative, the same officer finding by a preponderance of evidence a blatant misuse or error of the alarm system.
"Fee" means a sum of money imposed or charged.
"Fines" means a sum of money imposed as a penalty for an offense or dereliction.
"Holdup alarm" means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.
"Local alarm system" means an unmonitored alarm system that annunciates an alarm only at the alarm site or is a self-monitored alarm site.
"Monitoring" means the process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the police department.
"Monitoring company" means a person in the business of providing monitoring services.
"One plus duress alarm" means the manual activation of a silent alarm signal by entering a code that adds one number to the last digit of the normal arm/disarm code (e.g., normal code = 1234, one plus duress code = 1235).
"Panic alarm" means an alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring an officer response.
"Penalties" means a loss, or forfeiture as a sum of money.
"Person" means an individual, corporation, limited liability company, partnership, association, organization or similar entity as defined by Oregon law.
"Police department" means the Oregon City Police Department.
"Protective or reactive alarm system" means an alarm system that produces a temporary disability or sensory deprivation through use of chemical, electrical, sonic or other means, including use of devices that obscure or disable a person's vision.
"Registration number" means a unique individual number assigned to an alarm user as part of alarm registration issued by the police department.
"Responsible party" means a person capable of appearing at the alarm site upon request who has access to the alarm site, the code to the alarm system and the authority to approve repairs to the alarm system.
"Robbery alarm" means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism on or near the premises intended to signal that a robbery is in progress and that a person needs immediate police assistance in order to avoid bodily harm, injury or death. The term has the same general meaning as "holdup alarm or duress alarm."
"Suspensions" means a stoppage of service or fee.
"Takeover" means the transaction or process by which an alarm user takes over control of an existing alarm system that was previously controlled by another alarm user.
"Zones" mean a division of devices into which an alarm system is divided to indicate the general location from which an alarm system signal is transmitted.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.030 - Administration—Funding—Increases in fees and fines—Annual evaluation.
A. Responsibility for administration of this chapter is vested with the police department.
B. The police department may designate an alarm administrator to carry out the duties and functions described in this chapter.
C. Monies generated by fees and fines assessed pursuant to this chapter shall be deposited into the city's general fund.
D. The amount of the fees and fines set forth in this section shall be specified in the city fee schedule, which may only be revised by a duly-adopted resolution of the city commission. For purposes of this subsection, "fees" include any type or class of fee and includes late charges.
E. The alarm administrator shall conduct an annual evaluation and analysis of the effectiveness of this chapter and identify and implement system improvements as warranted.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.040 - Alarm registrations required—Terms—Fees and fee collection.
A. An alarm user shall not operate, or cause to be operated, any alarm system without a valid alarm registration. A separate alarm registration is required for each alarm site having a distinct address or business name. A registration fee including a completed alarm registration application shall be received and approved by the alarm administrator prior to any alarm system activation. A thirty-day grace period shall be granted from the date of all new alarm installations or takeovers between two alarm users, to accommodate the registration application process. There may be reduced residential registration fees for senior citizens, low-income and disabled persons, or governmental entities. The city commission shall establish such classes of persons by resolution.
B. Owners of local alarm systems are required to adhere to all sections of this chapter and are subject to all fees, fines, suspensions, penalties or other requirements that are applicable.
C. The fee for a new initial alarm registration and the alarm registration renewal fee shall be collected by the alarm administrator.
D. Existing Alarm Systems.
1. The alarm agreement holding company shall provide within forty days of the effective date of the ordinance codified in this chapter, an alarm user list of existing alarm users in the city, in a format approved by the alarm administrator, including name, address, billing address and telephone number to the alarm administrator.
a. Any alarm system that has been installed before the effective date of the ordinance codified in this chapter shall be registered and a registration fee collected by the alarm administrator. There will be a thirty-day grace period provided to the alarm user.
b. The alarm agreement holding company may apply to the alarm administrator for an extension of the time limit in subsection (D)(1) based on extenuating circumstances.
2. The alarm agreement holding company may, through a mutual written agreement, have another alarm company provide the alarm user's list.
E. New Alarm Systems.
1. Any alarm installation company that installs an alarm system on premises located within the city of Oregon City shall notify the alarm administrator within twenty days that an alarm system has been installed and send the alarm administrator the required information.
2. In the case of self-installed alarm systems that are to be monitored by a monitoring company, the monitoring company shall act as the alarm installation company regarding the duties to notify the alarm administrator.
3. Failure of an alarm installation company to notify the alarm administrator of a new alarm system installation within twenty days of installation shall result in a fine as established by resolution of the city commission to be imposed on the alarm installation company.
4. The initial alarm registration fee shall be collected by the alarm administrator. Failure of the alarm user to submit an application and registration fee within the thirty days after notice shall result in the alarm system being classified as non-registered and late charges being assessed.
F. Alarm Registration and Renewal Fees.
1. An alarm registration shall expire one year from the date of issuance and must be renewed annually by the alarm user. The alarm administrator shall notify the alarm user of the need to renew their registration thirty days prior to the expiration of the registration. It is the responsibility of the alarm user to submit the updated information and renewal fees prior to the registration expiration date. Failure to renew shall be classified as use of a non-registered alarm system and subject the alarm site to a suspension and late charge.
2. Registration fees shall be collected annually based on a one-year registration period. The amount of the registration and renewal fees required are established by resolution of the city commission.
G. Late Charge. Alarm users who fail to make payment for an alarm registration prior to the registration's expiration date will be assessed a late charge as established by resolution of the city commission.
H. Refunds. No refund of a registration fee or registration renewal fee will be made.
I. Upon receipt of a completed alarm registration application form and the alarm registration fee, the alarm administrator shall issue a registration number or alarm registration renewal to the applicant unless:
1. The applicant has failed to pay any fee or fine assessed under this chapter;
2. An alarm registration for the alarm site has been suspended, and the condition causing the suspension has not been corrected;
3. The alarm installation company and/or the monitoring company listed on the registration application are not in possession of current valid state licensing; or
4. Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm registration shall be sufficient cause for refusal to issue an alarm registration.
J. Exceptions.
1. All registration-fee-exempted alarm sites or reduced fee sites are required to obtain and maintain a valid alarm registration for a police response and are subjected to all other fees, fines and suspension enforcements, except when this action is prohibited by statute or through a court ruling.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.050 - Registration application—Contents.
An application for an alarm registration must be in a format provided by the police department. The information required on such forms shall be determined by the alarm administrator. Registration applicants acknowledge that the police response may be influenced by factors, including, but not limited to, the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, prior alarm history, administrative actions and staffing levels.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.060 - Transfer of registration prohibited.
A. An alarm registration cannot be transferred to another person or alarm site. An alarm user shall inform the alarm administrator and their alarm company of any change to the information listed on the alarm registration application within ten business days after such change.
B. Exceptions may be made in the discretion of the alarm administrator when the transfer proposed is among members of the family of the original registration holder or successors in interest to the property for which the alarm registration has been issued.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.070 - Duties of alarm users.
A. An alarm user shall:
1. Maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;
2. Make every reasonable effort to arrive at (or cause a designated, responsible person to arrive at) the alarm system's location within thirty minutes after being requested by the monitoring company or police department in order to:
a. Deactivate an alarm system,
b. Provide access to the alarm site, and/or
c. Provide alternative security for the alarm site;
3. Provide his, her, or its monitoring company with the updated names and telephone numbers of at least two individuals who are able and have agreed to:
a. Receive notification of an alarm system activation at any time,
b. Respond to the alarm site at any time, and
c. Provide access to the alarm site and deactivate the alarm system, if necessary;
4. Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report;
5. Notify his, her, or its monitoring company of any suspension of police response (as provided for under this chapter) and request that the monitoring company not make a burglar alarm dispatch request.
B. No person shall operate or cause to be operated any automatic voice dialer which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the police department or the city and then transmit any pre-recorded message or signal.
C. An alarm user shall keep a set of written operating instructions for each alarm system at each alarm site.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.080 - Audible alarms—Restriction, abatement of malfunctioning alarm.
A. No alarm system shall emit a sound resembling an emergency vehicle siren or civil defense warning. The chief of police shall make the final determination regarding any question of an audible alarm within this section.
B. After the effective date of the ordinance codified in this chapter no one shall install, modify or repair an alarm system in the city of Oregon City that has a siren, bell or other signal that is audible from any property adjacent to the alarm site that sounds for longer than fifteen consecutive minutes after the alarm is activated, or that re-peats the fifteen-minute audible cycle more than two consecutive times during a single armed period.
C. In the event that an audible alarm is activated and fails to reset itself or continues to activate for more than sixty minutes and the responsible person listed on the alarm registration or other responsible person cannot or will not respond and silence the alarm, and the continued activation of the alarm is creating a disturbance, the police department may cause the alarm to be silenced in a manner determined appropriate for the circumstances. The alarm user shall be held responsible for the actual costs involved to abate the malfunctioning alarm. The city, its employees or agents shall not be responsible or liable for damage resulting from such disconnection.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.090 - Registration and duties of alarm installation companies and monitoring companies.
A. Registration.
1. No alarm company operator or alarm agent shall install, maintain, or repair any alarm system within the city unless the alarm company operator or alarm agent has, prior to performing such work, obtained a city business license.
2. Each alarm installation company and alarm monitoring company must designate one individual as the alarm response manager (ARM) for the company. The individual designated as the ARM must be knowledgeable of the provisions of this chapter, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the alarm administrator. The name, contact number, and email address of the ARM shall be provided to the alarm administrator. Failure to comply within thirty days after being notified in writing from the alarm administrator may result in the suspension of police department response to alarm dispatch requests from the non-complying alarm installation company or monitoring company.
3. Each alarm installation company shall provide the name, address and phone number of any monitoring company it is using to monitor its alarm sites within the city, and monitoring companies shall do the same for alarm installation companies that use their monitoring services within the city.
B. Alarm installation companies shall:
1. Upon the installation or activation of an alarm system, distribute to the alarm user information summarizing:
a. The applicable law relating to false alarms, including the registration fee and the potential for fines and suspension of an alarm registration;
b. How to prevent false alarms; and
c. How to operate the alarm system.
2. After the effective date of the ordinance codified in this chapter, not program alarm systems so that they are capable of sending one plus duress alarms. Monitoring companies may continue to report one plus duress alarms received from alarm systems programmed with one plus duress alarms installed prior to the effective date of the ordinance codified in this chapter.
3. After the effective date of the ordinance codified in this chapter, not install, modify or repair "single action" devices for the activation of holdup, robbery or panic alarms. New devices shall require two actions or an activation time delay to provide more positive assurance that the user intends to activate the device.
4. Not use an automatic voice dialer for any alarm system which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the police department or the city and then transmit any pre-recorded message or signal.
6. Ensure that alarm users of alarm systems equipped with a duress, robbery, holdup or panic alarm has been provided adequate training as to the proper use of the alarm system's operation and function.
7. All alarm systems shall be supplied with an uninterrupted power supply in such a manner that the failure or interruption of the normal electric utility service for a period of up to four hours will not activate the alarm system.
8. All audible alarm systems shall include a device which will limit the duration of the audible alarm to a period of not more than fifteen minutes per activation.
C. A monitoring company shall:
1. Report alarm signals by using telephone numbers or procedures designated by the alarm administrator or other approved communication processes.
2. Employ enhanced call confirmation procedures on all burglar alarm dispatch requests. The Oregon City Police Department may refuse to accept an alarm dispatch request from a monitoring company that has failed to comply with the procedures required by enhanced call confirmation. This subsection becomes effective ninety days after the effective date of the ordinance codified in this chapter.
3. Communicate alarm dispatch requests to the police department in a manner and form determined by the alarm administrator.
4. Communicate cancellations to the police department in a manner and form determined by the alarm administrator.
5. Communicate all available zone activations information (north, south, front, back, door, window etc.) about the location of an alarm signal(s) as part of an alarm dispatch request.
6. Communicate the type of alarm activation (silent or audible, interior or perimeter), if available, on any alarm dispatch request.
7. Notify communications (dispatch) of any alarm site that it knows, or reasonably should know has guard dog(s), pets or is fitted with a protective-reactive alarm system. During any alarm at such a site, a responsible party must be contacted and confirm that he or she will respond to the alarm site to disarm the device or take control of the guard dog(s).
8. After an alarm dispatch request, promptly advise the police department if the monitoring company knows that the alarm user or a responsible party is on the way to the alarm site;
9. Each monitoring company must maintain, for a period of at least one year after the date of an alarm dispatch request, all records relating to the alarm dispatch request. Records must include the name, address and telephone number of the alarm user, each alarm system zone activated, the time of alarm dispatch request and evidence of all attempts to verify. The alarm administrator may request copies of such records for any individual alarm user. If the request is made within sixty days after an alarm dispatch request, the monitoring company shall furnish requested records within three business days after receiving the request. If the records are requested between sixty days and one year after an alarm dispatch request, the monitoring company shall furnish the requested records within thirty days after receiving the request.
10. Each monitoring company shall, upon request, immediately provide the police department with the names and phone numbers of the alarm user's emergency contacts at the time of each alarm dispatch request.
D. Conversion of Alarm Users. An alarm installation company or monitoring company that converts the servicing of any alarm system account from another company shall notify the alarm administrator of such conversion and shall make a reasonable effort to provide to the alarm administrator, within sixty days from the date of conversion, an alarm user list of the converted accounts, in a format acceptable to the alarm administrator.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.100 - Duties and authority of the alarm administrator.
A. The alarm administrator shall:
1. Designate the manner and form of alarm dispatch requests and the telephone numbers and/or communication process that are to be used for such requests;
2. Establish a procedure to accept cancellation of alarm dispatch requests;
3. Establish a procedure to acquire and record information on alarm dispatch requests; and
4. Establish and implement a procedure to notify the alarm user of a false alarm. The notice shall include the following:
a. The date and time of an officer's response to the false alarm, and
b. Any false alarm fine incurred.
B. The alarm administrator may require that a conference be held with an alarm user and the alarm installation company or monitoring company responsible for repairing or monitoring of the alarm system to review the circumstances of each false alarm. The conference may be held in person or through a conference telephone call, at the alarm administrator's discretion. Failure to participate may result in suspension of the alarm registration, as indicated by the facts of the case.
C. The alarm administrator may establish an alarm user awareness class. The alarm administrator may request the assistance of associations, alarm companies and law enforcement agencies in developing and implementing the class. The class shall inform alarm users of the alarm ordinance; problems created by false alarms and teach alarm users how to avoid creating false alarms.
D. If a false robbery, holdup or panic alarm has occurred and the alarm was triggered using a single action, non-recessed device, the alarm administrator may consider a waiver or partial waiver of the false alarm fine, if action is taken by the alarm user to remove or replace the single action, non-recessed device.
E. The alarm administrator shall make a copy of this chapter and/or an ordinance summary sheet available to each alarm user.
F. The alarm administrator may use electronic means to communicate with alarm users, alarm installation companies and monitoring companies when applicable or when requested by the recipient and at the alarm administrator's discretion.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.110 - False alarm fines—Fees—Late charges.
A. The alarm administrator may assess the alarm user a fine for a false alarm occurring at that alarm user's alarm site. The amount of said fines for the listed categories shall be established by city commission and may be subsequently amended by resolution of the city commission.
B. If a false alarm fine is not paid within thirty days after the invoice is mailed, a late charge as established by resolution of the city commission shall be imposed.
C. Fines for false alarms from non-registered alarm systems. For person(s) operating a non-registered alarm system incurring a false alarm, fines shall be imposed as established by resolution of the city commission.
D. Any monitoring company after five business days of receiving notice from the alarm administrator that an alarm user's registration status is that of non-registered shall not make a burglar alarm dispatch request from that alarm user.
E. If cancellation of a police response occurs prior to the officer's arrival at the alarm site, the response is not considered a false alarm and no false alarm fine will be assessed.
F. The alarm installation company shall be assessed a fine in an amount established by resolution of the city commission if the officer responding to a false alarm determines that an on-site employee of the alarm installation company directly caused the false alarm. Such false alarms are not included in the total number of false alarms for the alarm user, nor is the alarm user to be held liable for any false alarm fine resulting from such alarm activation.
G. A fine in an amount established by resolution of the city commission shall be imposed against any monitoring company that fails to verify alarm system signals as required in Section 5.08.090(C)(2) of this chapter.
H. Notice of the right of appeal under this chapter will be included with notice of any fine.
I. All registration fees, renewal registration fees or fines assessed under this section are due within thirty days of written notice unless otherwise noted. A late charge in an amount established by resolution of the city commission shall be imposed for each individual fee or fine due that is not paid within thirty days.
J. The alarm administrator may waive the false alarm fine for the first chargeable false alarm during the alarm user's one-year registration period, pending the successful completion of the online alarm user awareness class available through the alarm administrator. In order to have the fine waived, the alarm user shall have successfully completed the class within thirty days of the fine notice. Alarm users without online access may request the online school and test be mailed to them. Reasonable additional time to complete the alarm user awareness class shall be allowed for mail delivery.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.120 - Notice to alarm users of false alarms and suspension of a police response.
A. The alarm administrator shall notify the alarm user in writing or by other electronic means after each false alarm. The notice shall include the amount of the fine for the false alarm, the fact that police response to further alarms may be suspended after the fourth false alarm during the alarm user's one-year alarm registration period, (excluding duress, robbery, holdup and panic alarms), and that the alarm user has the right to appeal.
B. The alarm administrator shall notify the alarm user in writing thirty days beforehand that a police department response to further alarms is to be suspended. The right of appeal under this chapter shall be included with the notice. The notice of suspension shall also include the amount of any fees and/or fines due and a description of the reinstatement process.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.130 - Alarm registration suspension, fees, fines, violation to make alarm dispatch request for suspended alarm site.
A. The alarm administrator shall notify the police department of each alarm user whose alarm registration qualifies for suspension under this section. The alarm administrator may suspend an alarm registration if it is determined that:
1. There is a false statement of a material fact in the registration application;
2. The alarm user has had four or more false burglar alarms within the one-year registration period, except that the alarm administrator may waive a suspension of a registration upon receipt of documented work orders showing reasonable attempts to repair the alarm system prior to the notice of suspension; or
3. The alarm user fails or refuses to pay an alarm registration or alarm registration renewal fee, false alarm fine, late charge, or any other fee, fine, or charge assessed under this section.
B. It is a violation of this section for a person to operate a burglar alarm system during the period in which the alarm registration is suspended. It is a violation of this chapter for a monitoring company to make an alarm dispatch request to a burglar alarm site after the monitoring company's alarm response manager (ARM) has been notified by electronic mail by the alarm administrator that the registration for that alarm site has been suspended. A grace period of five business days after the ARM's notification shall be granted the monitoring company to comply. The alarm monitoring company shall be assessed a fine in an amount established by resolution of the city commission for requesting a burglar alarm dispatch request on a suspended alarm site.
C. False Alarm Fines Under Suspension Status. In addition to the fines set forth in Section 5.08.110(A), a supplemental fine is hereby imposed upon any person operating a suspended burglar alarm system. The amount of said fines shall be established by resolution of the city commission.
D. It shall be the responsibility of the alarm user to notify their respective alarm monitoring company of their suspension status. An alarm user shall be held financially accountable for all false alarm fines incurred.
E. Unless there is a separate indication that there is a crime in progress, the police department may or may not dispatch an officer to an alarm site for which an alarm registration is suspended.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.140 - Appeals of determinations regarding alarm registrations, fees and fines.
A. If the alarm administrator assesses a fee or fine, suspends an alarm registration or denies the issuance, renewal or reinstatement of an alarm registration, the alarm administrator shall send notice of the action and a statement of the right to appeal to the affected applicant, alarm user, alarm installation company or alarm monitoring company.
B. The applicant, alarm user, alarm installation company or alarm monitoring company may appeal any action described in subsection A to the police chief (or designee) by setting forth in writing the reasons for the appeal and delivering the appeal to the police chief (or designee) within twenty days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C. The procedure for an appeal to the police chief (or designee) is as follows:
1. The applicant, alarm user, alarm installation company or monitoring company may file a written request for appeal by paying an appeal fee and setting forth the reasons for the appeal. The appeal must be entitled "Appeal from Alarm Administrator's Action." The appeal fee shall be in an amount established by resolution of the city commission and will be returned to the appealing party if the appeal is successful.
2. Filing of an appeal stays any action by the alarm administrator to suspend an alarm registration or require the payment of a fee or fine until the appeal process has been exhausted. This provision applies only to the action of the alarm administrator that is the subject of the appeal. This provision does not operate as a bar to enforcement action on violations of this section that occur thereafter.
D. The alarm administrator or the police chief, or their respective designees, may adjust the count of false alarms or assessed fees based on:
1.
Evidence that a false alarm was caused by action of a communications service provider (i.e., telephone, cellular, cable company);
2. Evidence that a false alarm was caused by a power outage of more than four hours or severe weather such as a tornado, earthquake, or excessive winds (thirty-five m.p.h. or above as measured by a local, recognized weather monitoring station);
3. Evidence that an alarm dispatch request was not a false alarm; or
4. The occurrence of multiple alarms within a twenty-four-hour period, which may be considered as one false alarm if the alarm user has taken corrective action, unless the false alarms are directly caused by the alarm user.
E. The alarm administrator may waive all or part of a false alarm fine due to extenuating circumstances or to encourage corrective action with supervisor approval.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.150 - Reinstatement of suspended alarm registrations.
A. On the suspension of an alarm registration, a person whose alarm registration has been suspended may obtain reinstatement of the registration by the alarm administrator if the person:
1. Pays a reinstatement fee as established by resolution of the city commission;
2. Pays, or otherwise resolves, all outstanding fees, fines, and other charges;
3. Submits a written notice from an alarm installation company stating that the alarm system has been inspected and repaired (if necessary) by the alarm installation company;
4. The alarm user successfully completes an alarm user awareness class and test.
B. The police department shall reinstate its response to an alarm site as soon as is practicable after receiving notice of reinstatement from the alarm administrator. The alarm user and monitoring company shall take notice that the alarm site has been officially reinstated only after receiving notice from the alarm administrator of that fact. It shall be the responsibility of the alarm user to verify that his, her, or its registration status and future police response has been properly restored.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.160 - Suspension of police response to dispatch requests from certain alarm installation companies and monitoring companies.
A. The police chief or designee may suspend police response to an alarm dispatch request from an alarm installation company or monitoring company if it is determined that:
1. There is a violation of this chapter by the alarm installation company or monitoring company and the condition causing the violation has not been corrected and/or;
2. The alarm installation company or monitoring company has failed to pay any fee, fine, or other charge assessed under this section, more than sixty days after the fee, fine, or other charge is due.
B. The police department may not respond to any alarm dispatch request where the alarm installation company or monitoring company who installed or monitors that alarm has failed to comply with any licensing requirements or failed to maintain a valid copy of any required alarm company operator's license.
C. A suspension of police response made pursuant to this subsection is subject to the appeal process provided for within this chapter. In addition, the alarm administrator has the ability to accept a workable solution from the affected party prior to an appeal. The affected party has sixty days after the written notice of suspension before police response is suspended to its alarm customers.
D. The alarm administrator shall notify all known alarm users subscribing to an alarm installation company or an alarm monitoring company that the police department has suspended response to the company's alarm dispatch requests.
E. The city shall assess the alarm installation company or monitoring company a reinstatement fee in an amount established by resolution of the city commission. In addition, if the alarm administrator has incurred costs in notifying alarm users by mail of the suspension of their alarm installation company or monitoring company, reimbursement to the City of those costs shall be a condition of reinstatement.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.170 - Police department response.
A. Subject to the suspension provisions in Section 5.08.130 and the discretion discussed in Section 5.08.190, the police department at its discretion will respond to all "in progress" robbery, panic or burglar alarms as promptly as possible, taking into account pending calls for service and any policy establishing priority of dispatched calls following notification of the receipt of the alarm from the monitoring company. Police supervisors may, in their discretion, cancel a police response to any or all alarms based on weather or other factors affecting police service needs.
B. The police chief or designee may re-prioritize assignment of burglar alarms and response time at any time during a twenty-four-hour period as may be necessary due to the service needs of the community.
(Ord. No. 19-1002, § 1, 3-20-2019)
5.08.180 - Scope of police duty—Immunities preserved.
The issuance of alarm registrations does not create a contract between the police department and/or the city of Oregon City and any alarm user, alarm installation company or monitoring company, nor does it create a duty or obligation, either expressed or implied, on the police department to respond to any alarm. Any and all liability and consequential damage resulting from the failure of the police department to respond to an alarm dispatch request is hereby disclaimed and full governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the police department response is influenced by the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, staffing levels, prior response history and administrative actions.
(Ord. No. 19-1002, § 1, 3-20-2019)