HomeMy Public PortalAbout047-1985-TO REGULATE BURGLARY AND ROBBERY ALARM SYSTEMSAMENDED ORDINANCE 47-1985
AN ORDINANCE TO REGULATE BURGLARY AND ROBBERY ALARM SYSTEMS
WHEREAS, the Common Council of the City of Richmond desires to regulate burglary
alarm companies and automatic burglary and/or robbery alarm systems:
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond
that a new Chapter 120, entitled BURGLAR AND ROBBERY ALARM SYSTEMS be included in
Title XI, Business Regulations of the City Code of Richmond, and that such
chapter shall provide as follows:
SECTION 1. DEFINITIONS
(a) A regulated burglar alarm system, for the purpose of this
ordinance, shall be defined as any burglar alarm system which
uses an external signaling device to summon the police either
directly or indirectly. An external signaling device is any
bell, siren, horn, flashing light, automatic dialer or other
device intended to summon a police response either directly or
indirectly by signaling an alert outside of a building. Every
burglar alarm system equipped with any external signaling
device shall be deemed to be a regulated burglar alarm system
and must have a permit.
(b) Alarm system means any device used for the detection of an
unauthorized entry or attempted entry into a building,
structure or facility or for alerting others of the commission
of an unlawful act within a building, structure, facility or
grounds, which when activated causes notification to be made
directly or indirectly to the Richmond Police Department.
(c) Permit holder means the individual, corporation,
Partnership or other legal entity to whom an alarm system
permit is issued.
(d) For the purpose of this article, an alarm system shall not
include:
M An alarm installed on a motor vehicle.
(ii) An alarm system designated so that no notification
is given to the police until after the occupants, an
agent of the owner or lessee, or an agent of an alarm
system business have visually checked the alarm site and
determined that the alarm was the result of criminal
activity of the kind for which the alarm system was
designated to give notice.
(iii) An alarm installed upon premises occupied by the
United States, the State of Indiana, or any political
subdivision thereof.
(e) Response shall be defined as an alarm which precipitates a
police officer arrival at the alarm site.
(f) A false alarm shall be defined as an event in which a
police response was the result of an external alarm and no
intrusion or evidence of attempted entry was evident. (No
exceptions.)
(g) Alarm Business means any individual, partnership,
corporation or other entity who in addition to selling alarm
systems, also leases, maintains, services, repairs, alters,
replaces, moves or installs any alarm system or causes to be
sold, leased, maintained, serviced, repaired, altered,
replaced, moved or installed any alarm system in or on any
building structure, facility or grounds.
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SECTION 2. PERMIT REQUIRED
It shall be unlawful for a person in control of property to operate,
cause to be operated, or permit the operation of an alarm system on that
property unless a current permit has been obtained from the City
Controller, or his designee. Failure to secure a permit within 72 hours
of installation will constitute violation of this ordinance.
SECTION 3. PERMIT APPLICATION
Application for a permit for the operation of an alarm system shall be
made by a person or legal entity having control over the property on
which the alarm system is to be installed and operated. Such
applications shall be made in writing to the City Controller or his
designee on a form designated by the City for that purpose. The
application shall include the following information:
(a) The name, address and telephone number of each person in
control of the property, and who is responsible for the operation,
maintenance, and use of the alarm system.
(b) The street address of the property on which the alarm system
is to be installed and operated.
(c) Any business name used for the premises on which the alarm
system is to be installed and operated.
(d) The name of the person or alarm system business who will
install or monitor the alarm system, and the installation date, as
applicable.
(e) The name and telephone number of two (2) persons or of an
alarm system business which are able to and have agreed:
(i) to receive notification at anytime;
(ii) to come to the alarm site within thirty (30) minutes
after receiving a request from the Richmond Police Department
to do so; and
(iii) to grant access to the alarm site and to deactivate the
system if such becomes necessary.
(f) The name and model of the alarm system components used.
(g) The information in (a) and (c) shall be displayed on the permit
itself.
SECTION 4. ISSUANCE OF ALARM SYSTEM PERMIT
(a) The Controller shall issue an alarm system permit to the person or
other legal entity in control of the property upon submission of an
application therefore in accordance with this section, unless the
Controller finds that any statement made in the application was
incomplete or false. Should the property in which an alarm system is
located change ownership, or should the entity in control of the
property change, a new application for a permit must be made. Such
permits are not transferable.
(b) The fee for an alarm system permit will be ten dollars ($10.00) for
the first term of the permits. Such permit may be renewed upon
expiration upon a payment of ten ($10.00) dollars for a new term.
(c) Immediately after receipt of the application for a permit and
payment of the permit fee, the Controller shall forward the application
to the Police Department. The Police Department shall protect all
information on such application as confidential information; provided,
however, nothing in this ordinance shall prohibit the use of such
information for legitimate law enforcement purposes and for enforcement
of this ordinance.
(d) A permit issued pursuant to this chapter shall be valid for two (2)
years from the date of issuance.
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(e) A permit issued pursuant to this chapter shall be personal to the
permit holder and is not transferable.
(f) A person or legal entity having control of an alarm system at the
time this ordinance becomes effective shall have ninety (90) days to
obtain a permit as set out herein.
SECTION 5.
Any permit holder or alarm business may test its alarm system with the
Richmond Police ➢epartment provided that the permit holder or alarm
business has notified the Police Department dispatcher in advance at
least thirty (30) minutes prior to conducting the test and has received
the approval of the Police Department to conduct such test prior to the
test being performed. Such testing shall be subject to the sole
discretion of the Police Department. The Richmond Police Department
shall log all requests for alarm testing and all alarm tests conducted.
SECTION b. CHANGE IN INFORMATION
The permit holder shall promptly notify the Controller or his designee
in writing of any change in the information contained in the permit
application.
SECTION %. LOG OF ALARM ACTIVITY
It shall be the duty of each alarm permit holder and alarm business to
record, to the best extent possible,in a log, the date and time of each
alarm activity, the cause and nature of each alarm, and the dates and
nature of any service, installation or maintenance of the alarm system
and its components. Such information shall be made available to the
Richmond Police Department upon its request.
SECTION 8. IDENTIFICATION CARDS REQUIRED
Every agent of an alarm business shall carry on his person at all times,
while engaged in the alarm business, an identification card which shall
be displayed to any law enforcement officer upon request. In addition,
the employees of commercial alarm businesses shall file photograph,
fingerprint, and identification records with the Richmond Police
Department.
SECTION 9. CONSUMER PROTECTION
It shall be the obligation of businesses selling alarm systems and doing
business with the City of Richmond to inform customers at the point of
sale that local ordinance requires anyone in control of an alarm system,
as defined by this ordinance, to obtain a permit for such alarm
business.
SECTION 10. PROHIBITED ACTIVITY
It shall be unlawful for a person who controls property on which an
alarm system is installed to issue, cause to be issued, allow or permit
the issuance of false alarms.
SECTION 11. NOTICE OF VIOLATIONS
Whenever a police officer of the city, or a person so authorized by the
Board of Public Works and Safety, shall find that the owner or operator
of any alarm system has committed any of the acts which have been
declared unlawful by any provision of this chapter, the officer shall
give notice to the person of the violation in the manner directed in
this ordinance.
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SECTION 12. SERVICE OF NOTICE AND CONTENTS
(a) A police officer shall notify the owner or operator of an alarm
system, or his representative, of any violation subject to this
ordinance by presenting such person found in possession of in charge of
the alarm system with a written notice. If the officer shall not find
any such person in possession of in charge of the premises, or if the
person is a child or incapable of receiving the notice, the officer
shall notify such owner or operator thereof by posting or attaching a
written notice of the violation in a conspicuous place upon the premises
and such person shall be bound thereby.
(b) All notice of violations, as required to be served by this section
shall be executed by the police officer or other authorized person, in
quadruplicate. One copy shall be served upon the violator, one copy
shall be filed by the officer with the Police Records Division and one
copy shall be filed in the office of the City Attorney, which copy shall
also be for the use of the officer. The latter two (2) copies shall be
filed in the respective office by the officer at his earliest
opportunity before or when he goes off duty for the particular day on
which such notice was served on the violator. In the event an alarm is
operated by an alarm business one (1) copy of the notice of violation
shall be served on the person who controls the property on which the
alarm system is installed and a copy shall also be served upon the alarm
business.
(c) All notices provided for in this section shall be numbered and
shall contain the following information:
( 1) The specific violation with which the violator is charged;
(2) The name and address of the person who controls property on
which the alarm system is installed;
(3) The location of the violation;
(4) The signature of the officer;
(5) The badge number, if any, of the officer;
(6) The date of the violation.
(d) The copy of the notice served upon the violator or his
representative, or the owner of the premises, shall also state that the
violator respond, in writing, at the office of the City Attorney, within
ten (10) days of the date of the violation appearing upon the notice;
and the violator so appearing shall have the privileges accorded by law.
However, if the period of ten (10) days shall expire upon a Sunday or a
legal holiday, then the period of time in which the violator must appear
shall be extended twenty-four (24) additional hours. Contents of the
response shall contain an explanation of any known reason for the cause
of the false alarm and the remedial action taken.
SECTION 13. PENALTY
It shall be a violation to operate, in the City of Richmond, an alarm
system without permit. Upon such citation, the fine shall be one hundred
($ 100.00) dollars.
SECTION 14. EFFECT OF FAILURE TO APPEAR
All alarm system components in use with any regulated alarm system must
be of an approved type to obtain a permit. (All component types will be
approved when the ordinance first becomes effective). Alarm system
components found to be responsible for an excessive number of false
alarms may be restricted or prohibited on new prermits and restricted or
prohibited form further use with existing permits by written notice to
the affected permit holders. The permit hold would have 30 days to make
necessary changes and submit a revised permit application form using
only acceptable alarm system components. If the permit holder €ialed to
respond the permit would be revoked by notice sent by registered mail.
The permit holder of any regulated alarm system which cause a false
alarm while using any prohibited alarm system components would be fined
$100.00.
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SECTION 15. FEE AND ❑IOLATION PROCEEDS
All sums generated by reason of the terms of this ordinance shall be
deposited in the general fund of the City of Richmond, Indiana. The
offending permit holder shall be responsible for the payment of any
penalties assessed.
SECTION 16. REVOCATION OF ALARM PERMIT AND REINSTATEMENT
In the event three (3) or more citations for false alarms are issued to
any permit holder within a six (6) month period, the following procedure
shall be used for determining whether the alarm permit for such
offending system should be revoked.
(a) Upon the third (3rd) citation, the Richmond Police Department
shall deliver to the permit holder by personal service or certified
mail a notice that the permit holder may be subject to revocation of
the alarm system permit upon the occurrence of the next (4th or more)
false alarm.
(b) Upon the fourth (4th) or more citation, the Richmond Police
Department shall notify the City Attorney of the existence of a
fourth (4th) or more citation for an alarm permit holder. The City
Attorney shall then deliver the permit holder by personal service or
certified mail a Notice of Intent to Revoke Alarm System Permit and
Hearing on Administrative Determination to the alarm permit holder.
The City Attorney shall also schedule a hearing before the Richmond
Board of Public Works and Safety to determine whether the permit for
that alarm system should be revoked. Notice of the hearing date
shall be given to the permit holder, along with information that the
permit holder may appear at the permit revocation hearing with
counsel and witnesses and may present evidence on the permit holder's
behalf.
(c) The Board of Public Works and Safety shall conduct a hearing no
less than fourteen (14) days after notice is sent to the permit
holder. The Board of Public Works and Safety shall hold such permit
revocation hearing, under oath, and shall consider the evidence
presented before it. If the Board finds, by a preponderance of the
evidence, that four (4) or more false alarms have resulted from an
alarm system within any six (6) month period, the permit for that
system shall be revoked. Notice of the revocation shall be delivered
to the system holder by personal service or certified mail and the
revocation becomes effective immediately upon such delivery.
(d) An alarm holder whose permit has been revoked may petition the
Board of Public Works and Safety for reinstatement of the alarm
permit upon a showing that the alarm system has been inspected,
repaired and tested. If the Board finds satisfactory evidence that
the alarm system has been adequately inspected, repaired, and
tested, the Board may reinstate the alarm permit upon the submission
of a twenty-five dollar ($25.00) reinstatement fee by the alarm
holder.
SECTION 17. OTHER PROVISIONS
(a) Any alarm system must be equipped to automatically disconnect or
turn itself off within fifteen (15) minutes after it has been activated.
(b) Any alarm system which features an automatic telephone dialing
device may only be connected to an approved telephone number and must
automatically release the telephone line upon completion of the call.
SECTION 18. SEVERABILITY
All Ordinances or part of Ordinances inconsistent herewith are hereby
repealed.
SECTION 19. EFFECTIVE DATE
This Ordinance shall be in full force and effect sixty (60) days after
passage by the Common Council.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this
,?Mdday of �, 1986.
President of Common Council
ATTEST :` X4,1.4 Y4U d i
City Cl rk
PRESENTED by me to the Mayor of the City of Richmond, Indiana thiss" ay of
1986.
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this
,31"� day of
ce_ , 1986.
1
Mayor
ATTEST: !'/ ad,{4.22jzAr'
City Cleft
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