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HomeMy WebLinkAboutCity Council Ordinance 1988-13CITY OF PLYMOUTH AN ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING SECTION 1155 OF THE PLYMOUTH CITY CODE The City Council of the City of Plymouth does ordain: Section 1. Section 1155 of the Plymouth City Code is amended to read as follows: 1155.01. Statement of Policy. The City Council of the City of Plymouth deems it necessary to provide for the special and express regulations of alarm systems which are designed to signal the presence of a hazard requir- ing urgent attention and to which public safety person- nel are expected to respond, in order to protect the public health, safety and welfare. The City Council finds that the regulation of alarm systems is necessary in order to reduce the increasing frequency of false alarms in Plymouth. The great number of and increasing frequency of these false alarms requires intensive, time consuming efforts by the Department of Public Safety and thereby distracts from and reduces the level of services available to the rest of the community. This diminishes the ability of the City to promote the general health, welfare and safety of the community. In consideration for the necessity on the part of the City to provide numerous public safety services to all segments of the communi- ty, without an undue concentration of public services in one area to work to the detriment of members of the general public, it is hereby decided that the alarm systems shall be regulated through the permit process described below. 1155.03. Definitions. As used herein, unless other- wise indicated, the following terms are defined as follows. Subdivision 1. "Alarm System" sha}}-2 means an assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of this ordinance, the alarm, when triggered, must be directly connected to a central monitoring agency which then notifies the police and/or fire departments of an emergency to which public safety personnel must re- spond, or may emit an audible signal which will require urgent attention and to which public safety personnel are expected to respond. Subd. 2. "Alarm User" shall-ttK—a-n means the person, firm, partnership, association, corporation, company or organization of any kind on whose premises an alarm system is maintained. "Alarm User" shall lnelttde includes persons occupying dwelling units for residential purposes. 1A}arm-i ' shall net-�rre3ttcle persens-maintain#ng-alarm-spstems-gn-antemehlles- Subd. 3. "False Alarm" means any activation of an alarm system that results in a response by the Public Safetv Department where an emergency situation does not exist. "False Alarm includes, but is not limited to, the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negllgenee negligent use or maintenance of the alarm system by its owner or lessee a€ -ax- ai r system or of h}s by the owner's or lessee's employees or agents. It "False Alarm" does not include activation of the alarm by utility company power outages or by climatic conditions such as torna- does, lightning, earthquakes, other violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer er and owner. "False Alarm" does not include activa- tion o£ an alarm system as the result of an effort or order to upgrade, install, test, or maintain the system, if the Public Safetv Director and. where system are eacn notiried in advance of said upgrade, installation, test or maintenance. Subd. 4. "Fire alarm system" means an alarm system desicxned, installed, or operated to prompt a res Subd. 4 5. "Person" shall -mean means any individ- ual, partnership, corporation, association, cooperative or other entity. Subd. 6. "Police alarm system" means an alarm system designed, installed, or operated to prompt a response by the police department. Subd. 5 7. "Calendar Year" shall --mean means the period from January 1 through December 31 of each year. 1155.05. Permits and Exemptions. Subdivision 1. Permits. Effective January 1, 1989, every alarm user wha;-dtx3g-trrs�-e€-a-a5enda pear; e --than- -three -+34- else--po-1iee­-al arms; ®r-r_^Fir&srbne_�}}-a}se- atm shall be required to obtain an alarm user permit for each alarm system on the alarm user's premises. Alarm user permits shall be tems and -----6xbd-- 2. ---Re VseW--€--Pefffri.+:---TLh&-+4 k 4t_--Ga€etp B+neater--s�x33-reFr€ew-t€ie--*-ss+�?+?ee_-a€--a33 a-1�iYcr-ge�- m+ts. -----Stibe-- 3-.---Preeess--f'Err- Fsseanee-e€- &47t­.---13pex Yee e+pt--at rd- -cue€ermi-tta€i-eit-rrf- L -i c-€eurth- al -peg:+ee alarm- epert;-or-- he--e-e r-€a-l-se-€rr-e-abarit-repent-at an -address;- ate gL�bbie-8a€etp--Dine t ,,--a€L-sr--reV4!eW ska�€- 3 -Nate-Ci-L-p--Sleek-who--sita-1-1--L-uteri--assess-the alanti- tit er-€e-r-a-n-aia xr-user-'-s permit.---The,-asse5sftent €nve+ee--sitax,�ttbml�-�ly-��,-.,be - -sen- -bp - e i i�d-xta€I----T4i-_--a€arra ft user-ttts�-J-i-L--the-regtri s-permi-t- -fee -trtr-t4,e -E$tp E+erk-is+th+n- ten- i18}-war#+ng-daps-a€ter-reee+pt-e€-the assessment--rxnro-ice•-3n-�rc�er-mato--eenti:nue- t�-tt5�-h#s a-1arya- -&r& eattr---any-- a1se--0-y--€€re warms -at -+that -a �-&h-ft-1-1- that perm+t--an-d--the --rrbce-ss--mus t--L-heir-be -RPh€s prase s s--sitz-i-��--be--repeatec+-mor--eaek--�-€a+se a§arm-+n-exeess-e€-three-�3}-€a+se-pe+i:ee-a+arms-and-+n exeess-e€-ens-{+}-€a+se-€+re-akarm-slur+ng-sash-ea+ender pear- -----Bubas 4;--Buret+en-e€-Perm+t---h++-perm+ts;-un+ass etkerir+s e--reFto-leec+,- --ia-i 1-1-- ex�ri�e-- a t--€Y�e--ettd-� o€--eaek ea+ender-pear- Subd. 5 2. Exemptions. The provisions of this chapter are not applicable to audible alarms affixed to automobiles. 1155.06. Application Process. Subdivision 1. Initial Application. Every applicant for an alarm permit shall file with the Finance Director, on forms provided by the Citv, an application statina: a. the name, address and phone number of the f7 b. a description of the property where it is proposed to use an alarm system; its location, street and number d. how many separate alarm systems will be used; e. a description of the type(s) of a. tem(s) to be used, excluding name number of the manufacturer (i.e. Emeraencv. Medical Emeraencv. Fire): f. the name of the person or company who will install or, for systems installed prior to January 1, 1989 , who did install the alarm system at the location; and g. the name, address and phone number of one person or company who will be available to be contacted in the event of an alarm activa- tion. In the event the name, mailing address or phone number of the person to be contacted changes, the appant licmust supply corrected information to the Public Safety Director and Finance Director within five days of the change. At the time of filing an application, the applicant must pay all permit fees required by this section. Upon receipt of all applicable fees, the application becomes a temporary permit, pending review and approval Subd. 2. without filina a new on the originai appiicatior Subd. 3. Reissued Permits t has been revoked may obtz user may renew an uired permit fee and rovided the informa- still accurate. An alarm user whose a reissued permit by d and by satisfying the provisions of this section. A new application is not required, provided that the information on the original application is still accurate. Subd. 4. Review of Permit. The Public Safety Director shall review the issuance, reissuance, and renewal of all alarm user permits. 1155.07. False Alarms;-Rec�u�exieats----13aSi�s Automatic Revocation. Subdivision 1. Phe---Prib14e 6a€etp-H}�eete�-xray;-at-hos-d#se�et�ea;-�egn4�e-a-€apse alarm--X� -t Pxb��e-�a-f-e•L-y---�}i�eettrr-,--w4th4x- a-t-�.xee--ge��od-tel--o--he speer€}eel-hp-the-Pnh�3e-Sa€etp-Bieeete�- �€-the-Pxh��e eeen��ed-at-ata-address;--the--aim--tcse-r- a�-hhat-address B� �e a to �-te-exp-la3x-lie- e�*s� orf--L�te-alarm - a e t��+at � ex- lt-the-Pt�hl4e-Sa€etp-Bl�eete�-dete�xilses-that-the-a�a�m fsas the a�a�m-t* �Yte--alarm-wi-3� s3ofi--lie-eo�sted-�-a-€apse a�aem- at-a���ess: Revocation; Reissued Permits. A false police or fire alarm will result in automatic revocation of the applicable alarm user permit, unless the permit is reissued in accordance with this 4 subdivision. When the Public Safety Director deter- mines that a false police or fire alarm has occurred at an address, the Public Safety Director shall notify the alarm user of that determination. The alarm user's s of the date or the notice, the alarm user submits the reauired permit fee to the Finance Director or estab- a for that the alarm activation was not a "false alarm" within the meanina of this section. Subd. 2. grade; -a-1-ax-frr-and i€--the--Pttbl€e--S-a•f-e€y--D-i-,fir-- i�-q-i�err-xot�.ee--#� ad�anee-e€-said-t�ggrade;-instal}atieny-€est-and-mainte- nanee- The Public Safety Director shall treat a false alarm that occurs during the ten-day period for reissu- ance of an alarm user permit as an additional reissued permit. For each such false alarm. the alarm user shall pay the permit fee Tor a reissued permit as Subd. 3. Conditions for Reissuance. As a condi- tion for reissuing an alarm user permit revoked under this subsection, the Public Safety Director may require that the alarm user provide the Public Safety Director with evidence that the alarm system has been properly serviced and that its deficiencies have been corrected. 1155.08. Permits Nontransferrable; Duration. All alarm user permits expire at the end of the calendar year, unless otherwise revoked. Alarm user permits are not transferable from one person to another or from one ocation to another. 1155.09. Prohibitions. Subdivision 1. Alarm Systems Utilizinc Taped or Prerecorded Messages. No person shall Lay install, monitor, or use and possess an operative alarm which utilizes taped or prerecorded messages which deliver a telephone alarm message to the police or fire department. 1155.11. Permit Fees. Subdivision 1. Annual Permit Fee. The annual fee for an alarm user's permit shall be: Police - €i€ty twenty-five dollars ($50-0e $25.00) , Fire - twenty-five dollars (05078e $25.00). The annual fee shall be waived if the permit is obtained during the month of December of the preceding year. Subd. 2. Alarm-r�ser1s-gerrnits-shall-exgire-en-the las €-dad-rtr&-eeeh--eakenditr-yea-r.---A-1-err-itser6Ls--permits shall-tte+--},-r ui>aecl-in- kke--r� -e-a-l�Td-ant,--y&ar-nntll 5 there--awe--mc r-&- than --tlrrt�. -F3}-sa1se-ve,14,t, t --alarms -er mere --t ian--ene--F1-)---fBise--€ire--e-1-alHa--repeeteel--at--the aIarm--t*-s--addr"t--d- i -tr4-nT-+die--rre>et-- f-�- e Tk dm ti -pear: Fees Schedules for Reissued Permits. The fee for each alarm user's permit that is reissued during the same calendar vear shall be determined accordina to the a. Reissued Permit for Police Alarm Svstem b. Reissued Permit for Fire Alarm System. First reissued permit ' ' ' ' ' ' ' eauent 1155.13. Revocation and Suspension of Permit. Subdi- vision 1. Basis for Revocation or Suspension. In addition to the automatic revocation process described in Seet}en--X155-95 Subsection 1155.07,1 the Public Safety Director may suspend or revoke any alarm user permit issued pursuant to this ordinance if the Public Safety Director finds that any of the following eeeur has occurred: (a) That any provision or condition of this ordinance has been violated by an alarm user or his agents. (b) That an alarm system has actuated an exces- sive number of false alarms. (c) That the alarm user has knowingly made false statements in or regarding his application for an alarm user's permit. (d) That the alarm user has failed to correct or remove ;--w-rt�i-i---a--reaserral9�e-tiros, viola- tions of this ordinance a€ter--reeerpt--o-f within the time period specified by the Public Safety Director in an oral or written notice to de -se the alarm user. (e) That the continued effectiveness of the alarm user permit; constitutes a substantial threat N to the public peace, health, safety or welfare. Subd. 2. Investigation. All alleged violations defined above shall be investigated by the Public Safety Department. The alarm user shall be given notice of the proposed revocation e€ or suspension and be provided an opportunity to informally present evidence to the Public Safety Director prior to the final decision on revocation or suspension. Anpene ag���e�e�-bp-tke-dee�sien-a€-tke-Pt�H��e-Ss€etp-B#�eete� t�tap-apgeal-that-deeis�en-te-tke-E�tp-Eeenei�: Subd. 3. Conditions. The Public Safety Director may impose reasonable conditions for the reactivation of a suspended alarm user permit or the reissuance of a revoked alarm user permit. Subd. 4. Reactivation or Reissuance. A suspended permit will be reactivated at the end of the period of suspension or upon satisfaction of all conditions imposed under this section, whichever is later, and without payment of a reissued permit fee. An alarm user whose permit has been revoked must apply for a reissued permit in accordance with this section. 1155.14. Right to Notice and Appeal. Subdivision 1. Notice. Where notice of suspension, automatic revoca- tion, or other revocation is recuired to be given to an by certitieo mail to the alarm user's last known address. The notice shall inform the alarm user of: the action to be taken on the permit; the conditions, if any, for reissuance or reactivation of the alarm user's permit; the alarm user's right to an informal hearing before the Public Safety Director; and, the alarm user's richt to appeal the Public Safetv Direc- s [a Subd. 2. Appeal. Anyone aggrieved by a decision of the Public Safety Director to suspend or revoke an alarm user permit may appeal that decision to the City Council by filing a written request for an appeal with the City Clerk. The written request must be filed within 10 days after the decision from which the appeal is taken. 1155.15. Penalties. Subdivision 1. Any alarm user who continues to use an alarm system after receiving notice of revocation or suspension by the Public Safety Director is guilty of a misdemeanor. 7 Subd. 2. Any person required by this ordinance to obtain an alarm user's permit who knowingly fails to do so is guilty of a misdemeanor. Sec. 2. This ordinance will take effect on January 1, 1989. ATTEST: 1-Itaurlie Brandt, City Clerk C/0066OR03.G48 //".1, ,. (,- V r it Schneider, Mayor Published: Plymouth Post 4-14-88. E