| Sec.22-75 |
Definitions |
| Sec.22-76 |
Permits for false alarms, confidentiality |
| Sec.22-77 |
False alarms committed knowingly prohibited |
| Sec.22-77.1 |
Review of false alarms, service fee for excessive false alarms |
| Sec.22-77.2 |
Appeals of excessive alarm determinations and fees |
| Sec.22-77.3 |
Service fees levied pursuant to this article, unlawful to operate system when
delinquent |
| Sec.22-78 |
Audible alarms, sound emission cutoff features, deactivation within 20 minutes,
service fee |
| Sec.22-79 |
Automatic dialing device prohibited |
| Sec.22-80 |
Business to provide user instructions, notice of permit requirement |
| Sec.22-81 |
Fine and penalties; revocation of permit |
| Sec.22-82 |
Administration and Enforcement |
| APPENDIX |
Fee/Fine schedule |
Sec. 22-75. Definitions.
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(1) Alarm means any mechanical or
electrical device, system or service which is used to detect unauthorized
entry into buildings or onto premises, or warn or alert others of an
emergency or fire or of the commission of an unlawful act within the
buildings or on the premises, to which the city is expected to respond;
(2) Alarm business means any person
who sells, leases, maintains, services, repairs, alters, replaces, moves or
installs any alarm, or causes any of the above to be done with regard to any
alarm, in or on any building, structure or facility;
(3) Alarm user means any person who
leases, rents, purchases or uses any alarm whether or not the alarm is
monitored by an alarm business or person other than the user;
(4) Automatic dialing device means a
device which is interconnected to a telephone line and is programmed to
select a predetermined telephone number and transmit by voice methods or
code signal an emergency message indicating a need for emergency response;
(5) City means the police and fire
departments of the City of Tempe;
(6) False alarm means the giving,
signalling or transmission to the city, by telephone, word or otherwise,
that an emergency, unauthorized entry, unlawful act, fire or other emergency
exists when such fire, entry, act or emergency does not in fact exist. False
alarm does not include an alarm signal caused by extraordinary circumstances
not reasonably subject to control by the alarm user or an alarm business;
(7) Owner means the owner of record
of the premises where an alarm or alarm system is located or where a false
alarm occurred as shown by the records in the office of the county assessor;
and
(8) Person means any person, firm,
association, organization, partnership, business trust, corporation or
company, or governmental entity except the city or any of its offices or
agencies.
(Ord. No. 91.27, 9-12-91)
Sec. 22-76. Permits for alarms required,
confidentiality.
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(a) Every alarm user shall obtain a permit
from the city for an alarm within thirty (30) days after the alarm is used
or becomes operational. Application for permit shall be on forms prescribed
by the city requiring identification of the alarm user and the owner of the
premises where the alarm is located, and such other information about the
alarm as may be required. The application shall be accompanied by an initial
permit fee in such sum as set by the city council. The permit shall expire
one year after date of issue and each year thereafter. An alarm user shall
renew the alarm permit annually, subject to a renewal fee as set by the city
council. An alarm permit which is not renewed by the expiration date shall
be subject to a delinquent renewal fee established by the city council. The
permit issued by the city shall be physically on the premises using the
alarm and shall be available for inspection by the city. Permits are not
transferable from one user to another user or from one address to another
address.
(b) If the residential alarm user is over
the age of sixty-five (65) and is the primary resident of the residence, a
user's permit may be obtained from the alarm coordinator without the payment
of either an initial permit fee or any subsequent renewal fees. This
exemption shall not apply to fees due to failure to timely obtain or renew
an alarm permit, or any service fee due to excessive false alarms.
(c) The alarm user or permittee must notify
the alarm coordinator of the Tempe police department of the name, address
and telephone number of the primary person and at least one alternate to be
notified in case the alarm is activated, unless the alarm system is not
audible and is monitored at a remote location. The alarm user or permittee
is required to notify the city alarm coordinator of any change in the
information contained in the application or permit, and if the alarm is no
longer being used, within ten (10) days after the effective date of such
change or cessation in use. Failure to make such notification shall
constitute a violation of this article, punishable as provided herein.
(d) It is unlawful and a violation of this
code for any alarm user or the owner of any premises where an alarm is
located to operate or use an alarm, or allow operation or use of an alarm,
without a permit as required herein. An alarm user who does not obtain a
permit within thirty (30) days after the alarm is used or becomes
operational shall be subject to a delinquent permit fee in addition to any
other penalties under this code.
(e) Application and permit information
acquired in compliance with this article shall be considered confidential as
a privacy right of the applicant and permittee. Any violation of
confidentiality, except as required by law, shall be deemed a violation of
this article.
(Ord. No. 91.27, 9-12-91; Ord. No. 99.18,
7-22-99)
Sec. 22-77. False alarms committed knowingly
prohibited.
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It is unlawful for any person to knowingly
report, turn in or make, or knowingly cause any of such acts resulting in, a
false alarm.
(Ord. No. 91.27, 9-12-91; Ord. No. 93.24,
8-26-93)
Sec. 22-77.1. Review of false alarms, service
fee for excessive false alarms.
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(a) When any false alarm occurs by an alarm
in one permit year, upon request by the city, the alarm user or owner shall
submit to the city a letter specifying what corrective action has been taken
to prevent future false alarms.
(b) A third and any subsequent false alarm
occurring by any permitted alarm user in one permit year is an excessive
false alarm and shall subject the owner or user, individually or jointly, to
an excessive false alarm service fee for the city's response to such
excessive false alarm. A schedule of such service fees for responding to an
excessive false alarm shall be adopted by council resolution.
(c) Non-permitted alarm users who incur a
false alarm shall be assigned an alarm permit by the alarm coordinator and
charged the permit fee described in § 22-76(a). The non-permitted alarm
user shall immediately provide the alarm coordinator with any and all
necessary responsible party information as part of the assigned permit.
Alarm users who fail to provide necessary responsible party information and
incur a second and any subsequent false alarm will be assessed an excessive
false alarm service fee for the city's response to each subsequent excessive
false alarm. A schedule of such service fees for responding to an excessive
false alarm shall be adopted by council resolution. Non-permitted alarm
users who provide necessary responsible party information and incure a
second and any subsequent false alarm will be assessed the same excessive
false alarm service fee as permitted alarm users in subsection (b) of this
section.
(d) The decision on whether a false alarm or
excessive false alarm has occurred shall be made by the alarm coordinator of
the city.
(Ord. No. 93.24, 8-26-93, Ord. No. 99.18,
7-22-99; Ord. No. 2000.10, 3-16-00)
Sec. 22-77.2. Appeals of excessive alarm
determinations and fees.
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(a) Any party aggrieved by a decision of the
alarm coordinator made pursuant to §§ 22-77.1 or 22-78(b) on excessive
alarms and service fees may, within ten (10) days after receipt of notice of
the decision, appeal to a hearing officer appointed by the city by filing a
written appeal with the alarm coordinator.
(b) The request for an appeal shall set
forth the specific objections to the decision of the alarm coordinator which
forms the basis of the appeal.
(c) The hearing officer shall set a time and
place for the hearing as soon as practicable.
(d) The hearing process shall be conducted
in an informal manner. The hearing officer shall not be bound by the
technical rules of evidence in the conduct of such hearings. All parties to
the hearing shall have the right to present evidence in support of or in
opposition to the decision of the alarm coordinator.
(e) The decision of the hearing officer
shall be based upon the evidence presented and it shall:
(1) Affirm the decision of the
alarm coordinator in which case an excessive alarm service fee
imposed pursuant to this article shall be sustained; or
(2) Reverse or modify the decision
of the alarm coordinator, in whole or in part, in which case no
fee or a modified fee shall be imposed.
(f) When the decision of the alarm
coordinator is affirmed in appeal, or a modified fee is imposed, the hearing
officer may designate whether the owner or user is solely responsible for
the payment of the fee.
(Ord. No. 93.24, 8-26-93)
Sec. 22-77.3. Service fees levied pursuant to
this article, unlawful to operate system when delinquent.
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Service fees levied pursuant to this article
for excessive false alarms or excessive audible alarms are due and payable
on the due date indicated on the service fee billing and are delinquent if
not paid by the due date. Service fees not paid by the due date will be
subject to interest and costs of collection and may result in revocation of
the applicable alarm permit as provided in § 22-81 of this code. When a
service fee becomes delinquent, operation of the alarm system shall be
immediately discontinued. It is unlawful to operate an alarm system on any
premises when a service fee for such system has become delinquent.
(Ord. No. 93.24, 8-26-93)
Sec. 22-78. Audible alarms, sound emission
cutoff feature, deactivation within 20 minutes, service fee.
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(a) From and after January 1, 1992, an alarm
which emits an audible sound which can be heard outside an alarm user's
building, structure or facility shall be equipped with an automatic sound
emission cutoff feature which will stop the emission of sound within twenty
(20) minutes after the alarm is activated. It is unlawful for an alarm
business to sell, lease, install, replace or move an audible alarm which
does not comply with this subsection.
(b) An audible alarm which is audible in
excess of twenty (20) minutes shall subject the alarm owner or user,
individually or jointly, to an excessive audible alarm service fee for the
city's response to such an audible alarm. The excessive audible alarm
service fee shall be established by resolution of the city council.
(c) This section shall not apply to an
audible fire alarm which meets the requirements of or is otherwise approved
by the city pursuant to the city's fire or building codes.
(Ord. No. 91.27, 9-12-91; Ord. No. 93.24,
8-26-93)
Sec. 22-79. Automatic dialing device
prohibited.
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Unless authorized by the city, no person
shall use or cause to be used any automatic dialing device or telephone
attachment that directly or indirectly causes a public primary telephone
trunk of the city to be utilized. Such an automatic dialing device
programmed to select a public primary telephone trunk line of the city is
unlawful and shall be disconnected.
(Ord. No. 91.27, 9-12-91)
Sec. 22-80. Businesses to provide user
instructions, notice of permit requirement.
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Any alarm business shall:
(1) Furnish the alarm user with instructions
that provide information to enable the user to operate the alarm properly
and to obtain service for the alarm at any time;
(2) Inform each alarm user of the
requirements of this article and the need to obtain an alarm permit.
(Ord. No. 91.27, 9-12-91)
Sec. 22-81. Fine and penalties; revocation of
permit.
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(a) Any person violating §§ 22-76, 22-77,
22-78(a), 22-79 and 22-80 of this article is subject to punishment as
provided in § 1-7 of the Tempe City Code.
(b) The permit issued pursuant to this
article for an alarm system may be revoked for any violation of this
article. An alarm permit which is revoked for delinquent service fees shall
become effective without hearing or other proceedings ten (10) days
following the date of the notice issued by the alarm coordinator notifying
the permittee of such revocation. An alarm user whose alarm permit has been
revoked may have it reinstated by paying all overdue assessments, submitting
a corrective report detailing the corrective action taken with proof of
inspection for malfunctions attached and paying a reinstatement fee
established by resolution of the city council. For any revocation other than
for delinquent service fees, the alarm permit revocation proceedings shall
be conducted by a hearing officer appointed by the city.
(c) Repealed in Ord. No. 93.24.
(Ord. No. 91.27, 9-12-91; Ord. No. 93.24,
8-26-93; Ord. No. 99.18, 7-22-99)
Sec. 22-82. Administration and enforcement.
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(Ord. No. 91.27, 9-12-91)
APPENDIX A-FEE SCHEDULE
Permits and Fines for Alarms
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| 22-76 Fee for alarm permit (initial) |
$ 10.00 |
No fee for renewal if applied for within thirty days
on annual basis, if permit expires and is not renewed
within 30 days, a delinquent renewal fee is |
$ 50.00 |
22-77.1 Service fee for 3rd excessive false alarm
within one permit year |
$ 50.00 |
Service fee for 4th and each excessive false alarm
in one permit year |
$100.00 |
22-78 Service fee for each excessive audible alarm
which is activated for more than twenty minutes |
$ 75.00 |
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