Alarm Ordinance Article 4-13-31

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Division 2. Registration

Sec. 4-13-31 Required; application

  1. A person commits an offense if he operates or causes to be operated an alarm system without an alarm registration approved by the chief. A separate registration is required for each alarm site. The fire chief will approve all fire alarm registrations and the police chief will approve all other types of alarm registrations.
  2. Upon receipt of a properly completed registration form showing compliance with all other sections of this article, the chief shall approve an alarm registration of a person, unless the person has failed to pay a service fee assessed or has had an alarm registration for the alarm site revoked, and the violation causing the revocation has not been corrected.
  3. Each registration must contain the following information:
    1. Name, address, and telephone number of the person who will be the registration holder and will be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article;
    2. Classification of the alarm site as either residential or commercial;
    3. For each alarm system located at the alarm site, the purpose of the alarm system, i.e., burglary, robbery, fire, etc., shall be outlined in the application;
    4. Other information required by the chief, such as the name of the alarm vendor, which is necessary for enforcement of this article.
  4. Any false statement of a material fact made by a person for the purpose of obtaining approval of an alarm registration shall be sufficient cause for refusal to approve a registration.
  5. An alarm registration cannot be transferred to another person. A registration holder shall inform the chief of any change which alters any information listed on the registration within three (3) business days. No fee will be assessed for such changes.
  6. All fees owed by any person must be paid before a registration may be approved or renewed.
  7. A registration is valid for at least one (1) year unless revoked for disciplinary reasons by the city or terminated by the owner.

(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957 Code, sec. 9-41)

Sec. 4-13-32 Revocation; reinstatement; appeals

  1. The chief shall revoke an alarm registration if he/she determines that:
    1. The registration holder has made a false statement of a material fact on the application for a registration;
    2. The registration holder has violated any of the provisions of this article;
    3. The registration holder has accumulated more than five (5) false alarms and two (2) false fire alarms within a 365-day period, and has failed to pay any required fees;
    4. The permit holder has failed to make payment of the administrative fee listed in section 4-13-7(a) within thirty (30) days after he/she has received written notice of the assessment of the fee.
  2. A person commits an offense if he/she operates an alarm system during the period in which his/her alarm registration is revoked or is not renewed.
  3. Once a person has had his/her registration revoked, it shall not be reinstated until that person shows that the conditions which have caused the permit to be revoked have been alleviated. If the registration for a person is revoked a second time within any twenty-four-month period under this article, he or she shall not be eligible for reinstatement for a period of twelve (12) months from the time of the second registration revocation.
  4. If the chief refuses to issue a registration or revokes a registration, he/she shall send the applicant or registration holder written notice of his/her action by certified mail, return receipt requested. Included will be a statement that the action will not become final for thirty (30) days, during which time the applicant or registration holder may appeal the decision of the chief to the city manager. Such appeal may be made by filing a written request, at the city manager’s office, for a hearing, setting forth the reason(s) for the appeal. The filing of a request for an appeal hearing with the city manager stays the action of the chief in revoking or refusing to renew the registration until the city manager, or his designated representative, makes a final decision. If a request for an appeal hearing is not made within the thirty-calendar-day period, the action of the chief is final and no appeal shall be allowed.
  5. The city manager or his representative shall serve as the hearing officer during an appeal and may consider evidence presented by any interested person. The formal rules of evidence do not apply at the appeal hearing and the hearing officer shall make the decision on the basis of the preponderance of the evidence presented at the hearing. The hearing officer must render a decision within thirty (30) days after the hearing. The hearing officer shall affirm, reverse or modify the action of the chief. The decision of the hearing officer is final and no further right of appeal shall be allowed.

(Ordinance 93-70, sec. 2, adopted 11/9/93; Ordinance 94-71, sec. 2, adopted 9/27/94; 1957 Code, sec. 9-47)