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HomeMy WebLinkAboutOrdinance 05- 1639 Revise false alarm ordinance ORDINANCE NO. 1639 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 8.05, PROVIDING MULTIPLE FALSE ALARMS BE SUBJECT TO A "NO RESPONSE" ADMINISTRATIVE DESIGNATION, DELETING THE FINE FOR FALSE ALARMS AND THE CORRESPONDING FINE APPEAL SECTION 8.05.110, AND MAKING MINOR CHANGES IN STYLE. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The Bozeman Municipal Code is hereby amended to read as follows: "CHAPTER 8.05 ALARM SYSTEMS 8.05.010. Definitions. A. "Alarm system monitoring company" means any individual, partnership, corporation or other form of association that engages in the business of monitoring security alarm systems and reporting any activation of such alarm systems to the police. S. "Alarm user" means any individual, partnership, corporation or other form of association that owns or leases a security alarm system or on whose premises a security alarm system is maintained for the protection of the premises. C. "Automatic dialing telephone alarm" means a security alarm system with a device that automatically dials the Police Department emergency assistance telephone lines without human activation of the device by the alarm user. D. "Chief of rolice" means the Chief of rolice of the City of Oozel'1'ian or the Chiefs designee:' DE. "Department" means the Bozeman Police Department. E. "Director of Public Safety" means the Director of Public Safety of the City of Bozeman 01 designee. Use of the term Director or the initials "DPS" have the same meaning in this Chapter F. "Dispatch" or "response" means a discretionary decision whether to direct police units to a location where there has been a request, made by whatever means, for police assistance or investigation. There is no duty to dispatch under any circumstances, including to answer an alarm signal, and all dispatch decisions are made subject to competing priorities and available police resources. G. "False alarm" means an alarm signal eliciting notification to and a response by the police when there is no evidence of a crime or other activity that warrants a call for immediate police assistance . - --- and no person who was on or near the property or has viewed a video communication from the property called for the police dispatch or confirmed the need for police assistance. "False alarm" does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances beyond the control of the alarm user. H. "Security alarm system" means any system, device, or mechanism for the detection and reporting of any unauthorized entry or attempted entry or property damage upon premises protected by the system that may be activated by sensors or other techniques and, when activated, automatically transmits a telephone message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the protected premises and is intended to summon police assistance. 8.05.020. Audible Alarm Standards. A security alarm system that emits an audible signal that may be heard outside the protected premises shall conform to the following requirements: A. Audible alarms shall automatically discontinue emitting the audible sound within then ten (10) minutes after activation of the alarm; and B. With respect to Ssecurity alarm systems in existence prior to the enactment of this Cnapterthat do not comply with provision (a) above, the alarm user shall have ninety (90) thirty (30) days from the enactment the issuance of a Notice of Noncompliance of with the ordinance in which to make the necessary modifications to the alarm system in order to comply with the requirement. If there is no evidence of compliance at the end of the thirty (30) days, the system is subject to a deterrmnation under 8.05090 and a "No Response" designation under 8.05.120 of this code. Subsequent evidence of compliance with the alarm standards may allow for cancellation of the action und/3) 8 05.090 and 8.05. 120 in the discretion of the Director of Public Safety. 8.05.030. Violation of Audible Alarm Standard. A. The sounding of an audible signal from a security alarm system that can be heard continuously off the premises for more than ten (10) minutes is a civil infrection and the alarm user, in addition to any other penBlties specified herein, shall be penBlized by B fine of fifty dollars ($50.00) for each offense. not an emergency exemption to the Loud Noise Ordinance found in Title 8, Chapter 30 of this Code unless the defenses found in Section (B) below apply. A system which continuously sounds an audible alarm under circumstances where Section (B) does not apply is subject to the provisIOns of Title 8, Chapter 30 and may be cited as such. - 2 - . --..--.... ... -..-..- -..- . B. It is a defense to a violation of this Section that the continuous sounding of the alarm: 1. assisted in saving a life or avoiding rnjury; or 2. was caused by a malfunction of the alarm system equipment without the alarm user's prior knowledge of the cause of the malfunction; or 3. was activated by an unauthorized entry of criminal activity. 8.05.040. Automatic Dialing Telephone Systems Prohibited. Oeginning ninety (90) d8YS 8fter the effective d8te of this Ordinance, it it shall be unlawful for any individual, partnership, corporation or other form of association to sell, offer for sale, install, maintain, operate or assist in the operation of any alarm system with an automatic dialing or digital alarm communicator feature that automatically calls the police in the event of an alarm. 8.05.050. Alarm Users. An alarm user shall: A. Maintain the premises and security alarm system in a manner that will minimize or eliminate false alarms; B. Review all alarm system operating instructions, including those for verification of an alarm; C. Maintain a verification process, as specified in Section 8.05.070, for all monitored security alarm systems in order to prevent unnecessary police dispatches resulting from false alarms; D. Notify the alarm system monitoring company of a false alarm activation as soon as the user is aware of the false alarm; and E. Not manually activate an alarm except when needing an immediate police response to an emergency. F. Provide an immediate response to the alarm site in an effort to address the alarm cause and facilitate access to the premises. This response shall be made by the alarm user or thc;'/" authorized key hoJder(s). G, Provide the alarm company with a current, accurate, maintained list of authorized key holders. 8.05.060. Alarm System Monitoring Companies. An alarm system monitoring company engaging in business activities in the City shall: A. Obtain all necessary business licenses as required by the City of Bozeman and State of Montana; - 3- " ~. B. Maintain a current record, accessible to the Chief of rolice !),(Ol. ,,/ j.'t;!,I!r at all times, that includes: the names of the alarm users serviced by the company; the addresses of the protected properties; the type of alarm system, original installation date and subsequent modifications, if any, for each protected property; and a record of the false alarms at each property; C. Provide the Chief of rolice Director of Pu,b/re Safety such information as the Chief be requested requests regarding: the nature of the company's security alarms; the company's method of monitoring the alarms; the company's program for preventing false alarms, including educational programs for alarm users; and the company's method for disconnecting audible alarms; D. Provide each of its alarm system users with: operating instructions for the alarm system, including an explanation of the alarm company's alarm verification process; a telephone number to call for assistance in operating the system; and a summary of the provisions of this Chapter relating to penalties for false alarms and the possibility of no police response to alarm systems experiencing excessive false alarms; E. Maintain a verification process, as specified in Section 8.05.070, for all monitored security alarm systems in order to prevent unnecessary police dispatches resulting from false alarms; F. Communicate requests for police response to the Department in a manner specified by the 6hief Director or Public Safety; G. Communicate requests for cancellations of police response in a manner specified by the 6frief Director of Public Safety; H. Maintain a record of all requests for police response to alarm, including: the date and time of the alarm and request for police response; the alarm system user's name and address; evidence of the company's attempt to verify the alarm; and, to the best of its knowledge, an explanation of the cause of any false alarm; and I. Work cooperatively with the alarm system user and the 6hief Director of Public Safety in order to determine the cause of any false alarm and to prevent recurrences. 8.05.070. Security Alarm Verification Process. A verification process is an independent method of an alarm system monitoring company for determining that a signal from a security alarm system requires immediate police response. The verification process shall not take more than five (5) minutes, calculated from the time that the alarm - 4 - ----- __.u._._.____ .---.---.--.....--. -- ---------..--... company receives the alarm signal until the alarm company determines whether to request a police dispatch. The means of verification shall include at least one (1) of the following: A. The establishment of voice communications with the alarm user or a person authorized by the user at or near the premises with the alarm who may indicate whether there is an immediate need for police response; B. A feature that permits the alarm user or a person authorized by the user to send a special signal to the alarm company that will cancel the alarm immediately after the signal has been sent and prevent the alarm company from calling the police; C. The installation of a video system that provides the alarm company, when the alarm signal is received, with the ability to ascertain whether activity is occurring that warrants immediate police response; D. A confirmation made before dispatching the police that an alarm signal reflects a need for immediate police response from either the alarm user or a person authorized by the user or an alternate response agency made before dispatching the police; or E. An alternate system that the 6f'rief Director of Public Safety determines has or is likely to have a high degree of reliability. 8.05.080. Unlawful Activation or Report of Alarm. A. No person shall activate a security alarm system for the purpose of summoning the pOlice except in the event of an unauthorized entry, robbery, or other crime being committed or attempted on the premises, or if the person needs immediate assistance in order to avoid injury or serious bodily harm. B. Any person who shall notify the police of an activated alarm and h8ve has knowledge that such activation was apparently caused by an electrical or other malfunction shall at the same time notify the police of the apparent malfunction. 8.05.090. Determination of False Alarm; Rebuttable Presumption. For the purposes of this Chapter, there is a rebuttable presumption that the following determinations made by the Chief of rolice Director of Public Safety or by a police officer dispatched to the premises reporting an alarm signal are correct: A. There is no evidence of a crime or other activity that would warrant a call for immediate police assistance at the premises; B. No individual who was on or near the premises, or who has viewed a video communication from the premises, called for a police dispatch or verified a need for an immediate police response; and - 5 - ------- .-.....--..---.........-.- C. There is no evidence that violent conditions of nature or other extraordinary circumstances beyond the control of the alarm user caused the activation of the alarm. 8.05.100. Penalty for False Alarm. A false alarm is an administrative infraction, 8nd the 818rrn system user sh811 be pen81ized by 8 fine of fifty doll8rs ($50.00) for e8ch offense and upon determination of a the user rnay bl9 subjlr.tct to administratiVe (JesignaUc)f1 under 8.05, 120. 8.85.118. Appeal of raise Alarm rine. A. The Dozen18n City Court rn8Y W8ive the 8dministr8tiile pen81ty incurred by 8n 818rm system user for 8 f81se alarm and dear the notice of viol8tion 8S 8 \N8rning if: 1. The notice to 818rn, user describes 8 violetion of Section 8.05.100; 8nd 2. Within fifteen (15) days C!fter the d8te of the notice of e f8lse elarl'll, the 818rm user either follows the instructions on the back of the notice of violetiol, to 8rr8nge 8n appearanc.e in c.ourt or n"jails 8 written response to the court requesting 8 vv8iv'er 8nd clearance as 8 vV'arnil,g. D. The alC!rm user 1I18Y present evidence before the court or in the written response to the court th8t shovvs. the steps th8t the 818rm user or 818rrn system I"onitoring comp8ny h8s teken, or is t8king, to correct the false 818rm problem; the incidence of crime in the 8rea of the property; the facts 8nd circumstences of the false elarm; and other relev81,t inforn'8tion. 8.05.120. No-Response to Frequent False Alarms; Appeal of No-Response Determination. A. When the Chief of rolice Director of Public Safety or designee determines whether to make an immediate dispatch in response to notification of a signal from a security alarm system, the 6fflef Director of Public Safety may disregard a call for police assistance when: 1. the call for assistance comes from an alarm system for a premises that has a record of sending four (4) false alarms in a six (G) month period twelve (12) month, calendar year; and 2. the call is the only basis for making the dispatch. B. The 6fflef Director of Public Safety may consider such a call for assistance as an additional factor in the Chiefs Director's decision to order an immediate police response when an in- person call, verification from a person at or near the premises, or other independent evidence shows a need for immediate police assistance at the premises. C. To discourage false alarms, the 6fflef Director shall adopt a process of sending a letter or delivering other written notice informing communication (by letter, telephone and in-person) with the alarm user who has had a one or more false alarms of the consequences of excessive f8lse alarms, - 6 - .-...--..----.--- ------..." -....-.-..-..-. the need to take corrective action, and the prospect that four (4) false alarms in a six (6) month period Iwe/ve (f 2) IJ/()nth, cahmdar year shaH may result in the police disregarding alarms from the premises and not responding to requests for immediate police assistance unless there is an in- person call for assistance from someone at or near the premises or other independent information that verifies the need for an immediate police response. D. Before determining not to respond to alarms from a premises as specified above, the 6hief Om2!r;tor of Public Safety shall send or deliver notice to communicate with the alarm user that: 1. Four (4) false alarms have been received from the property within a six (6) month period twelve (12) month calendar year; 2. The remedy authorized in Section (8A) above may be taken; 3. The alarm system user may request a heBring meeting before the Chief or the Chiefs Director of Public Safety or designee and explain why the 6hief Director should not take the proposed action; 4. If no hearing meeting is requested, the Department will, after ten (10) days from the delivery of the notice, disregard alarms from the premises unless there is an in-person call for assistance from someone at or near the premises or other independent information that verifies the need for an immediate police response; and 5. A requirement of an in-person communication or other verification shall remain in effect for a period of one (1) yeBr until adequate corrective action has been completed. E. If a he~ring meeting is requested, the €hief Director of Public Safety shall schedule the hearing meeting within ten (10) days of the receipt of the request. At the he8ring meeting, the 6hief Director may consider such factors as: the steps that the alarm user or alarm system monitoring company has taken, or is taking, to correct the problem; the incidence frequency of crime in the area of the premises; the facts and circumstances of the false alarms; and other relevant information presented by the alarm user or the alarm system monitoring company. F. The 6hief Director of Public Safety may suspend or cancel the remedy under Section (A8) if the 6hief Director determines that the alarm user or alarm system monitoring company has taken appropriate actions to prevent the recurrence of false alarms. 8.05.130. Violation - Penalties. A. An alarm system monitoring company's failure to comply with any of the requirements of this Chapter shall be a misdemeanor, punishable by a fine of up to two hundred fifty dollars ($250.00). Each day of noncompliance shall constitute a separate offense. - 7 - -.--...--.-.-.-- .....--.--.- B. The violations of the other sections of this Chapter shall be a misdemeanor and punishable by a fine of up to fifty dollars ($50.00), unless otherwise specified. C. There shall be a I,'~xinlum penalty of fifty doll~rs ($50.00) for any of the following: 1. r~ilure to respond to B fBlse ~Iarnl notice ~vithin fifteen (15) days of receipt of the notice; 2. railure to appear f-or a hearing requested pursuant to this Chapter; and 3. r~ilure to pay any fine imposed pursuant to this Chapter." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that began before the effective date of this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect thirty days after passage. - 8 - .. ....-- PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 16th day of May 2005. AN . CETRARO, Mayor ATTEST: ~Z~O R . L. SULLIVAN ~ Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof the 6th day of June 2005. L. CETRARO, Mayor ATTEST: ~~~ R IN L. SULLIVAN Clerk of the Commission ') - 9 -