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ALARM SYSTEMS
Sections:
5.48.010 Definitions.
5.48.020 Administrative service charges.
5.48.030 Establishment of administrative procedures and regulations.
5.48.040 Appeals.
5.48.010 Definitions.
The following definitions shall apply to this chapter:
"Administrative service charge" means the fee imposed by the Police
Department on alarm users whose alarms have reported an excessive number of
false alarms.
"Alarm" or "alarm system" means a device or assembly of
devices intended to signal the presence of a crime having just occurred, occurring
at present, or about to occur, and designed to cause police to respond. The
alarm or alarm system may be electrical, electronic, or mechanical in nature,
and may signal by visual or audible means. The term alarm or alarm system includes
burglar alarms, holdup, or robbery alarms, panic alarms, and local alarms.
Alarm or alarm system as used here excludes alarms intended to detect and report
fires, gases, humidity, or other conditions not directly related to a criminal
act. Also excluded are portable alarm devices utilized by the Police Department.
"Alarm user" means any person, organization, firm, business, corporation,
or other entity on whose premises an alarm or alarm system is operating. Any
of the above who operate an alarm or alarm system on a motor vehicle or strictly
as an internal notification device with no intent to cause police response are
exempted from this definition and shall not be deemed alarm users.
"Automatic dialer alarm" means a device that sends over telephone
circuits a prerecorded voice message or coded signal indicating the presence
of a burglary, robbery, or other crime.
"Burglar alarm" means an alarm or alarm system intended to report
an unlawful entry or attempted entry into a building, structure, or other protected
area.
"Central alarm station" means an office or other control facility
to which alarms or alarm systems are connected, where human operators monitor
the alarms and dispatch police and/or alarm company employees to reported alarms.
"Department" means the Lakewood Police Department.
"Direct alarm" is an alarm with a connection to a monitoring device
installed within the Police Department communications center.
"Excessive number of false alarms" means any and all false alarms
over and above the number three received by the Department within a twelve-month
period.
"False alarm" means the activation of an alarm system when a situation
requiring police response does not actually exist. Such activation may be caused
by malfunction or failure of alarm equipment, error, and/or negligence by the
alarm user or his agents and/or employees, or improper alarm installation. Exempted
from this definition are alarms activated by forces beyond the user's control
such as those caused by atmospheric conditions, such as very high winds, lightning
strikes, or floods. Also exempted are alarms caused by the failure of telephone
lines or circuits off the premises of the alarm user.
"Local alarm" means an alarm that emits an audible or visual signal
in or at the premises where the alarm is installed. A strictly local alarm does
not directly transmit an alarm signal to a police facility or central alarm
station, but rather relies on someone to hear or see it and take action.
"Panic alarm" means an alarm activated to indicate an emergency situation
in which life or property is in danger and immediate police response is desired.
This term does not refer to fire alarms or alarms activated to indicate the
presence of a medical emergency.
"Robbery alarm" means an alarm activated to indicate the occurrence
of a robbery or holdup. (Ord. O-93-64 §§ 53-57, 1993; Ord. O-84-117
§ 1 (part), 1984).
5.48.020 Administrative service charges.
A. There shall be, except as hereafter noted, an administrative service charge
of thirty dollars imposed on the alarm user for the fourth false alarm caused
within a period of twelve months. For the fifth such false alarm, there shall
be, except as hereafter noted, an administrative service charge of fifty dollars
imposed on the alarm user. For any false alarms, except as hereafter noted,
over five within a period of twelve months, an administrative charge of seventy-five
dollars shall be imposed on the alarm user. Moneys received via these administrative
service charges shall be deposited in the city's general fund.
B. An administrative service charge shall not be levied against an alarm user,
when it is determined that such "excessive" alarm was activated:
1. By extreme weather or atmospheric conditions and could not reasonably have
been prevented by the alarm user; or
2. By the failure of telephone lines or circuits off the premises of the alarm
user; or
3. Intentionally in the reasonable and honest belief of a person that a crime
had occurred, was occurring, or was about to occur.
C. The Chief of Police or his designee are authorized to waive an administrative
service charge, if the alarm user demonstrates extraordinary circumstances.
D. The fee for an "excessive" alarm shall be due upon receipt by the
alarm user of a notice sent by the Police Department.
E. After the Department has received six false alarms at the same location within
any 365 day period, the Department shall notify the alarm user via a certified
letter with a return receipt that the police department will cease responding
to alarm calls within ten days after the postmarked date on the letter. Police
response shall be reinstated upon payment in full of the administrative service
charges and submission of documentation to the Department of such repairs or
changes to operation and functioning of alarms which are sufficient to prevent
future false alarms.
F. Ten days after the postmark on the certified letter, police agents may no
longer respond to alarms from the alarm user unless the Department first receives
a telephone call from a person confirming the need for police response. Police
agents may respond to any robbery alarm or panic alarm received from the alarm
user or any alarm received from a financial institution. (Ord. O-98-59 §
1, 1998; Ord. O-93-64 §§ 58, 59, 1993; Ord. O-84-117 § 1 (part),
1984).
5.48.030 Establishment of administrative procedures and
regulations.
The Chief of Police is authorized to adopt such procedures and regulations not
inconsistent with this chapter, as he deems necessary to aid in the enforcement
and administration of this chapter. (Ord. O-93-64 § 60, 1993: Ord. O-84-117
§ 1 (part), 1984).
5.48.040 Appeals.
Any person, organization, firm, or other entity aggrieved by the enforcement
of any element of the ordinance codified in this chapter may appeal the action
taken, in an administrative appeal hearing held by the Chief of Police or his
designee under rules adopted by the Chief of Police. A request for such an appeal
must be made in writing to the Chief of Police within seven days of the occurrence
of the action complained about. In the event that the alarm user appeals the
police department's decision to not respond to future alarms, the appeal must
be made in writing to the Chief of Police within seven days of the postmarked
date on the notification letter mailed to the alarm user. The Police Department
shall continue to respond to any alarms received from the alarm user pending
the outcome of the administrative appeal if the alarm user pays to the Department
the administrative service charges which are still owed as an appeal bond. No
part of this bond may be waived or suspended. Should the alarm user prevail
in whole or in part on appeal, as much of the bond as is appropriate shall be
returned to the user by the Department when the appeal is final. The decision
of the Chief of Police in such administrative appeal hearing shall be final.
(Ord. O-98-59 § 2, 1998; Ord. O-93-64 § 61, 1993: Ord. O-84-117 §
1 (part), 1984).
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