7.2. SR 11-17-2008acy os
Elk. .~ REQUEST FOR ACTION
Rsver
To
Ma or and Ci Council Item Number
~ . 2
Agenda Section Meeting Date Prepared by
Administration 11-17-08 effre A. Beahen, Chief of Police
Item Description Reviewed by
Consider Ordinance Relating to Alarm Systems
Reviewed by
Action Requested
Motion to adopt attached ordinance relating to alarm systems.
Background/Discussion
The Minnesota Electronic Security and Technology Association approached the Minnesota Chiefs of
Police Association and asked for their endorsement and support of an ordinance that would help regulate
alarms and help reduce false alarms. The industry itself recognizes that false alarms are a problem for
many communities.
City Attorney Peter Beck reviewed the ordinance.
The benefit with this ordinance is that it is written to require alarm companies and their customers to do
certain things. One of these is to require that two calls be placed to the business or homeowner prior to
the alarm being dispatched. One call goes to the business, the second to a secondary call taker (perhaps
the owner's cell phone). This required process will greatly reduce the number of false alarm in Elk River.
The ordinance also requires a permit so the Police Department knows the alarm location and nature of
the alarm. It gives us a better idea of where alarms are and what we might be responding to.
Wendy Makousky from Wright/Hennepin, an alarm monitoring company and a board member of
MNESTA, will be here to answer any questions the Council may have concerning how this impacts both
the industry and the alarm customer.
Financial Impact
There will be no financial impact, although we may see some additional revenue from the penalty portion
of the ordinance. The city's fee schedule will include fees for the alarm ordinance.
Attachments
^ Alarm Ordinance
Action Motion by Second by Vote
Follow Up
S:\Council\Police\2008\Alarm Ord.doc
ORDINANCE N0.08-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER REQUIRING
PERMITS FOR ALARM SYSTEMS, ESTABLISHING DUTIES
FOR ALARM USERS AND ALARM COMPANIES,
ESTABLISHING VIOLATIONS RELATED TO ALARM
SYSTEMS, INCLUDING FOR FALSE ALARMS, AND
ESTABLISHING PENALTIES FOR SUCH VIOLATIONS
Whereas, the City Council of the City of Elk River finds that excessive
false alarms unduly burden the Elk River Police Department's limited law
enforcement resources and that it is therefore necessary to establish
reasonable expectations of Alarm Users and to ensure that Alarm Users
are held responsible for their use of Alarm Systems;
Now, Therefore, the City Council of the City of Elk River does hereby
ordain as follows:
Section 1. That Section 50-91 of the City of Elk River Code of
Ordinances shall be repealed.
Section 2. That Chapter 50, Article IV, Division 1 of the City of Elk
River Code of Ordinances shall be amended to read as follows:
Division 1. Alarm Ordinance
Sec.50-91. DEFINITIONS.
The following words, terms and phrases, when used in this ordinance,
shall have the meanings ascribed to them, except where the context clearly
indicates a different meaning:
Alarm Company means a person or company engaged in selling, leasing,
installing, servicing or monitoring Alarm Systems. Alarm Companies
shall be licensed in compliance with State law.
Alarm Permit means a permit issued by the City allowing the operation of
an Alarm System within the City.
Alarm Signal means a transmitted or detectable signal, audible or visual,
generated by an Alarm System, to which law enforcement is requested to
respond.
Alarm Site means the property on which an Alarm System is located.
Alarm System means any single device or assembly of equipment
designed to trigger an Alarm Signal, but does not include motor vehicle or
boat alarms, fire alarms, domestic violence alarms, or alarms designed to
elicit a medical response.
Alarm User means any person, corporation, partnership, proprietorship,
governmental or educational entity or any other entity owning, leasing or
operating an Alarm System, or on whose premises an Alarm System is
maintained for the protection of such premises.
Automatic Dial Protection Device means an automatic dialing device or
an automatic telephone dialing Alarm System and shall include any
system which, upon being activated, automatically initiates to the Elk
River Police Department a recorded message or code signal indicating a
need for law enforcement response.
Cancellation means the process by which police response to an Alarm
Signal is terminated when the Alarm Company (designated by the Alarm
User) notifies the Elk River Police Department that there is not an existing
situation at the Alarm Site requiring police response. If Cancellation
occurs prior to police arriving at the scene, this is not a False Alarm for the
purpose of civil penalty, and no penalty will be assessed.
City means the City of Elk River.
False Alarm means the unintended activation of an Alarm System through
mechanical or electronic failure, malfunction, improper installation, or the
negligence of the Alarm User, his/her employees or agents. An Alarm is a
False Alarm within the meaning of this definition when, upon inspection
by the Elk River Police Department, evidence indicates that no
unauthorized entry, robbery, or other such crime was committed or
attempted in or on the premises which would have activated a properly
functioning Alarm System.
Local Alarm means an Alarm System that emits a signal at an Alarm Site
that is audible or visible from the exterior of a structure and is not
monitored by a remote monitoring facility, whether installed by an Alarm
Company or Alarm User.
Permit Year means a 12-month period beginning on the day and month on
which an Alarm Permit is issued.
Runaway Alarm means an Alarm System that produces repeated Alarm
Signals that do not appear to be caused by separate human action. The Elk
2
River Police Department may in its discretion discontinue police
responses to Alarm Signals from what appears to be a Runaway Alarm.
Verify means an attempt by the Alarm Company, or its representative, to
contact the Alarm Site and/or Alarm User by telephone and/or other
electronic means, whether or not actual contact with a person is made, to
attempt to determine whether an Alarm Signal is valid before requesting
law enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request. For the purpose of this ordinance, telephone verification
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 attempt to determine whether an Alarm Signal is
valid before requesting law enforcement dispatch.
Sec. SO-92. ALARM PERMIT.
(a) Permit required. No person shall install or use an Alarm System
without first obtaining an Alarm Permit for such Alarm System from the
City. A fee will be required for an Alarm Permit. Each Alarm Permit
shall be assigned a unique permit number, and the user shall provide the
permit number to the alarm company to facilitate law enforcement
dispatch.
(b) Application. The Alarm Permit shall be requested from the Elk
River Police Department on an application form provided by the City of
Elk River. An Alarm User has the duty to obtain an application and an
Alarm Permit from the City.
(c) Transfer of possession. When the possession of an Alarm Site is
transferred, the person (Alarm User) obtaining possession of the Alarm
Site shall file an application for an Alarm Permit within 30 days of
obtaining possession of the Alarm Site. Alarm Permits are not
transferable.
(d) Reporting updated information. Whenever the information
provided on an Alarm Permit application changes, the Alarm User shall
provide correct information to the City within 30 days of the change. In
addition, each year after the issuance of the Alarm Permit, permit holders
will receive from the City a form requesting updated information. The
permit holder shall complete and return this form to the City when any of
the requested information has changed; failure to comply will constitute a
violation of this Ordinance and may result in a civil penalty.
(e) Multiple Alarm Systems. If an Alarm User has one or more Alarm
Systems protecting two or more separate structures having different
3
addresses and/or tenants, a separate Alarm Permit shall be required for
each structure and/or tenant.
Sec. 50-93. DUTIES OF ALARM USERS.
Alarm Users shall have the following duties:
(a) To maintain the premises and the Alarm System in a method that
will reduce or eliminate False Alarms.
(b) To provide the Alarm Company the Alarm Permit number, (the
number must be provided to the communications center by the
Alarm Company to insure dispatch).
(c) To respond or cause a representative to respond to the Alarm
System's location within thirty (30) minutes when notified by the
Elk River Police Department to deactivate a malfunctioning Alarm
System.
(d) To not manually activate an Alarm System for any reason other
than an occurrence of an event that the Alarm System was intended
to report or to perform routine maintenance as prescribed by an
Alarm System provider.
(e) To obtain a new Alarm Permit and pay any associated fees if there
is a change in address or ownership of a business or residence.
Sec. 50-94. DUTIES OF ALARM COMPANIES.
(a) Any Alarm Company engaged in the alarm business in the City
shall comply with the following:
1) Obtain and maintain the required state license.
2) Provide the name, address, and telephone number of the
license holder or a designee, who can be called in an
emergency, 24 hours a day; and be able to respond to an
Alarm Signal, when notified, within 2 hours.
3) Provide the most current contact information for the Alarm
User.
(b) Prior to the activation of an Alarm System, the Alarm Company
installing the Alarm System must provide instructions explaining
the proper operation of the Alarm System to the Alarm User and
4
must provide written information to the Alarm User on how to
obtain service from the Alarm Company for the Alarm System.
(c) An Alarm Company performing monitoring services shall:
1) Attempt to verify, by calling the Alarm Site and/or Alarm
User by telephone, to determine whether an Alarm Signal is
valid before requesting dispatch. Telephone verification
shall require, at 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 attempt to
determine whether an Alarm Signal is valid, EXCEPT in
the case of a panic or robbery-in-progress alarm, or in cases
where acrime-in-progress has been verified by video
and/or audible means.
2) Provide Alarm User registration number to the
communications center to facilitate dispatch and/or
cancellations.
3) Communicate any available information about the alarm.
4) Communicate a Cancellation to the law enforcement
communications center as soon as possible following a
determination that response is unnecessary.
Sec. 50-95. PROHIBITED ACTS.
(a) It shall be unlawful to activate an Alarm System for the purpose of
summoning law enforcement when no burglary, robbery, or other
crime dangerous to life or property is being committed or
attempted on the premises, or otherwise to cause a False Alarm.
(b) It shall be unlawful to install, maintain or use an audible Alarm
System which can sound continually for more than 10 minutes.
(c) It shall be unlawful to install, maintain or use an Automatic Dial
Protection Device that reports, or causes to be reported, any
recorded message to the Elk River Police Department.
Sec. 50-96. ENFORCEMENT OF ALARM ORDINANCE.
(a) Excessive False Alarms/Failure to register. It is hereby found
and determined that three or more False Alarms within a permit
year is excessive, constitutes a public nuisance, and shall be
unlawful. Civil penalties for False Alarms and for failure to obtain
5
an Alarm Permit for an Alarm System may be assessed against an
Alarm User, as provided in the City's current Fee Schedule.
(b) Other Violations. Violations of other provisions of this Alarm
Ordinance be enforced criminally or through the assessment of
civil penalty(ies) as provided in Section 50-200 to 50-217 of the
City of Elk River Code of Ordinances.
(c) Payment of Civil Penalty(ies). Civil penalty(ies) shall be assessed
and paid as provided in Section 50-200 to 50-217 of the City of
Elk River Code of Ordinances.
(d) Discontinuance of law enforcement response. The failure of an
Alarm User to make payment of any civil penalty(ies) assessed
under this ordinance as required shall result in discontinuance of
law enforcement response to Alarm Signals that may occur at the
Alarm Site described in the Alarm User's Alarm Permit until
payment is received. In addition, failure to obtain an Alarm Permit
may result in no law enforcement response to an unregistered
alarm.
Sec. 50-97. FALSE FIRE ALARMS.
a. It is hereby found and determined that more than three false fire
alarms at the same property in a calendar year is excessive,
constitutes a public nuisance, and shall be unlawful.
b. A civil penalty in the amount established by ordinance shall be
assessed and paid to the city for the fourth and each subsequent
false fire alarm at the same property in a calendar year. The fee
shall be assessed to either the property owner or the occupant of
the property. False alarms attributable to malicious activity caused
by other than the property owner and/or the property occupant
shall not be counted toward the annual total at the property.
c. In the case of new fire alarm installation, a 90-day grace period
will be allowed during which any false alarms will not be counted
toward the annual total at the property. After the 90-day grace
period, it shall be the responsibility of the property owner and/or
the property occupant to ensure that the newly installed firm alarm
system works properly. False fire alarms after the 90-day grace
period shall be counted toward the annual total at the property.
d. Civil penalties may be assessed in the amount provided in the
city's current fee schedule, and shall be assessed and paid as
6
provided in Section 50-200 to 50-217 of the Elk River Code of
Ordinances.
Section 3. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this 17tH
day of November, 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
GP:2472530 vl
7