Chapter 2.5
ALARM
SYSTEMS*
*Editor's
note--Ord. No. 3125, enacted Feb. 22, 1983, did not specifically amend
this Code; inclusion of §§ 1-8 of said ordinance as §§ 2.5-1--2.5-8 was,
therefore, at the discretion of the editor.
Cross
references--Buildings and building regulations, Ch. 6; electrical code, §
6-51 et seq.; fire prevention and protection, Ch. 8; licenses, permits and
business regulations generally, Ch. 13; police, Ch. 20.
Sec. 2.5-1.
Definitions.
As used in this
chapter, the following terms shall have and be given the following meanings:
Alarm business shall mean the business
by any individual, partnership, corporation, or other entity, of selling,
leasing, maintaining, servicing, repairing, altering, replacing, moving or
installing any alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed, any alarm system in
or on any building, structure or facility.
Alarm account
shall mean the physical
street address at which an alarm system is installed.
Alarm coordinator shall mean the 911
communications center supervisor.
Alarm system shall mean any assembly of
equipment, mechanical or electrical, arranged to provide an external signal or
advising a central location of the occurrence of an illegal entry, fire or
other activity requiring urgent attention.
Alarm user shall mean the person, firm,
partnership, association, corporation, company or organization of any kind, in
control of any building, structure or facility who purchases, leases, contracts
for or otherwise obtains an alarm system or for the servicing or maintenance of
an alarm system and thereafter contracts with or hires an alarm business to
monitor and/or service the alarm device.
Alarm zone shall mean an alarm detection
point located at or within a physical location identified as an alarm account.
Answering service shall mean a telephone
answering business providing among its services the service of receiving on a
continuous basis, through trained employees, emergency signals from alarm
systems, and thereafter immediately relaying the message by live voice to the
911 communications center.
Automatic dial protection device shall
mean an electrically operated instrument composed of sensory apparatus and
related hardware, which automatically sends over regular telephone lines an
alarm, upon receipt of a stimulus from the sensory apparatus that has detected
a force or condition characteristic of an unauthorized intrusion, or fire or an
emergency message indicating a need for emergency response.
Burglar alarm system
shall mean an alarm
system signaling an entry or attempted entry into an area protected by the
system.
Central station protective system shall
mean a system or group of systems operated by a person, firm or corporation, in
which the operations of electrical protection circuits and devices are
transmitted to, recorded in, and maintained and supervised from, a central
station having operators in attendance at all times.
City
shall mean the City of Norfolk,
Nebraska.
Emergency alarm, also known as a
"panic alarm," shall mean an alarm system installed or maintained for
the purpose of summoning an urgent or emergency public safety response to an
actual or attempted burglary, robbery, fire or medical emergency.
False alarm shall mean an alarm signal,
eliciting an urgent public safety response when a situation requiring an urgent
response does not, in fact, exist, but does not include an alarm signal caused
by violent conditions of nature or other extraordinary circumstances not
reasonably subject to control by the alarm business or alarm user. The
burden of proving that such alarm was not a false alarm shall be on the alarm
business or alarm user.
Fire alarm system shall mean an alarm
system signaling a fire, or temperature condition whereby a fire may occur.
Firearm shall mean any weapon which is
designed to or may readily be converted to expel any projectile by the action
of an explosive or frame or receiver of any such weapon.
Fire chief shall mean the fire chief of
the City of Norfolk, Nebraska, or his or her designated representative.
Local alarm system shall mean an alarm
system which when activated causes an audible and/or visual signaling device to
be activated and is intended to be seen and/or heard by others outside of the
protected premises.
Notice shall mean written notice, given
by personal service upon the addressee or given by United States mail, postage
prepaid, addressed to the person to be notified at his or her last known
address. Service of such notice shall be effective upon completion of
personal service or upon placing of the same in the custody of the United
States Postal Service.
Permit year shall mean a twelve (12)
month period from October 1 to September 30.
Police chief shall mean the chief of
police of the City of Norfolk, Nebraska, or his or her designated
representative.
Proprietary system shall mean an alarm
system sounding and/or recording alarm and supervisory signals to a control
center located within the protected premises, the control center being under
the supervision of the proprietor of the premises. If a proprietary
system includes a signal line connected directly or by means of an automatic
dialing device to the 911 communications center, a central station protective
system or answering service, it thereby becomes an "alarm system," as
defined in this section.
Public safety shall mean any law
enforcement, fire or rescue service.
Robbery alarm
system shall mean an alarm system signaling a robbery or attempted
robbery.
Source: Ord. No. 3125, § 1, 2-22-83; Ord. No. 3404,
§ 1, 5-19-86; Ord. No. 3917, § 1, 11-16-92; Ord. No. 4687, § 1, 9-2-03
Sec. 2.5-2. Permit--Required.
No person, firm or corporation, either as
principal officer, agent, servant or employee, shall possess or operate an
alarm system without first obtaining a permit for such alarm system from the
alarm coordinator; provided, however, the provisions of this section are not
applicable to local alarm systems affixed to motor vehicles.
Source: Ord. No. 3125, § 2, 2-22-83; Ord. No. 3404,
§ 1, 5-19-86; Ord. No. 4546, § 1, 8-6-01; Ord. No. 4687, § 1, 9-2-03
Sec. 2.5-3.
Same--Application; nontransferability; exceptions.
(a) Every alarm user
shall obtain an alarm user's permit from the alarm coordinator within thirty (30)
days after the effective date of
this chapter or prior to use of an alarm system. Each alarm user must provide to the alarm coordinator on a
form provided by the 911 communications center the name, address, and telephone
number of the alarm user and of the alarm business, if any, with whom the alarm
user has contracted for maintenance of the alarm system. Each alarm user shall also provide the
names, addresses, and telephone numbers of a minimum of two persons who can be
contacted 24 hours a day and seven days a week to turn off or deactivate an
alarm system. It shall be the
obligation of the alarm user to keep this information current and correct
through supplementary notifications filed from time to time on the same form. Alarm permits are nontransferable. Each
building, structure or facility maintaining one or more alarm systems must
obtain an alarm user's permit. Each permit shall bear the signature of the
alarm coordinator and shall be physically upon the premises using the alarm
system and shall be available for inspection by the chief of police, fire chief
or their designated representatives or any police officer or fire fighter.
There shall be no charge for the alarm user's permit.
(b) Alarm users shall submit, with
their permit application to the alarm coordinator, a release of liability
releasing the city, any police officer, fire fighter and any other city
employee from damages caused either personally or to any property, when in
response to the activation of such alarm system.
(c) The issuance date of alarm permits
shall be the actual date of issuance of said permit unless such alarm system
has recorded a false alarm prior to obtaining a permit, then such date of
issuance shall be the date of the first false alarm received; provided,
however, that all such permits shall expire on September 30 of each year and
shall be subject to renewal.
(d) An alarm user which is a governmental
political unit or subdivision shall be subject to this chapter. The city and its departments and divisions
shall not be subject to the payment of any fees or imposition of any penalty as
provided herein.
Source: Ord. No. 3125, § 3, 2-22-83; Ord. No.
3404, § 1, 5-19-86; Ord. No. 4546, § 1, 8-6-01; Ord. No. 4687, § 1, 9-2-03
Sec. 2.5-4. Regulations; duties;
monitoring fees; unlawful acts.
(a) The chief of police, fire chief
or their designated representatives may require the inspection of any or all
alarm systems installed within the city.
(b) Local alarm systems installed
within thirty (30) days after the effective date of this chapter shall not emit
a sound similar to that of an emergency vehicle siren or a civil defense
warning siren.
(c) Local alarm systems shall be
equipped to automatically discontinue emitting an audible sound, within fifteen
(15) minutes of activation.
(d) It shall be the responsibility of each alarm
user to see that the standards of installation and maintenance set forth in
this chapter are adhered to.
(e) It shall be the responsibility of any alarm
business causing installation of or maintaining an alarm system to cause such
installation or maintenance to conform to the requirements of the Fire Code and
the Electric Code applicable in the City of Norfolk, Nebraska.
(f) Without the prior express consent of the
alarm coordinator, alarm systems shall not be tested so as to transmit a signal
to the 911 communications center when an emergency or life hazard situation
does not exist. It shall be the
responsibility of each alarm user and alarm business not to make such tests.
(g) An alarm business, alarm user,
employee of a central station protective system or employee of an answering
service charged with the responsibility of relaying a live voice request for a
public safety response, upon the
activation of an alarm system, shall give the following information to the 911
communications center at the time of such request: Address of alarmed location;
type of alarm system that has been activated; name of commercial business or
resident; specific location of an area within the building, structure or
facility protected by the activated alarm; name of the alarm business making
request if applicable; name of person making the request; and a phone number
where the requesting party can be contacted. Unless specifically requested, it
is the sole responsibility of the person making such request to notify
authorized persons in control of such alarmed building, structure or facility
that such alarm has been activated.
(h) The alarm coordinator shall be
responsible for determining which alarms constitute false alarms, as defined by
section 2.5-1. A record of all false alarms shall be maintained by the alarm
coordinator.
(i) At the time of the fifth false alarm
for any permit within any permit year, the alarm coordinator shall notify the
alarm permit holder by certified mail of such occurrence and that additional
false alarms during the permit year will require the payment of fees set forth
in Section 2-5 of this
Code. Failure to receive either of these notices shall
not be deemed to extend the term of conditions of the permit.
(j) It is unlawful for any person to
activate any burglary, robbery, fire or emergency alarm for the purpose of
summoning public safety assistance,
except in the event of any actual or attempted burglary, robbery, fire or
medical emergency, or for such person notifying the 911 communications center
of an activated alarm and having knowledge that such activation was apparently
caused by an electrical or other malfunction of the alarm system to fail to
notify the 911 communications center of such malfunction.
(k) It shall be unlawful to have or
maintain an alarm system on any premise without providing address numbers which
are clearly visible from a distance of one hundred (100) feet or more. The
address numbers shall be posted to the left, right or overhead to the main
entrance of the building, structure or facility and if such building, structure
or facility is on a corner lot, address numbers shall face the street named in
the official address, as designated by city.
(l) The chief of police and fire chief
shall establish, distribute and cause the enforcement of rules and regulations,
subject to the provisions of this chapter, as from time to time they deem it
necessary for the implementation of this chapter.
Source: Ord. No. 3125, § 4, 2-22-83; Ord.
No. 3404, § 1, 5-19-86; Ord. No. 4546, § 1, 8-6-01; Ord No. 4687, § 1, 9-2-03;
Ord. No. 5135, § 2, 9-7-10; Ord. No. 5423, § 1, 8-15-16
Sec. 2.5-5. False alarms;
false alarm fees required; grace period;
appeals.
(a)
Any alarm system, except a fire alarm system, which has recorded false alarms within a permit year
if a permit has been obtained, or within any 12-month period if a permit has not
been obtained, shall be subject to the fees set forth in
Section 2-5 of this Code.
(b) Any fire alarm system which has
recorded more than six (6) false alarms within a permit year shall be subject to
the fees set forth in Section
2-5 of this Code.
(c) The payment
of the fee provided for in subsections (a) and (b) of this
section shall be submitted to the city clerk's office within ten (10) days of
receiving notice that such fee is due.
(d) A grace
period of ninety (90) days from the date of activation of any new alarm system
or six (6) false alarms, whichever occurs first, shall be allowed for the
purpose of adjustments and corrections in the alarm system, prior to any
accumulating of false alarms as provided herein.
(e) Any
alarm user who has been assessed a fee as provided for in subsection (a) or
(b) herein, may appeal such assessment to the city
council of said city by filing a written notice of appeal with the city clerk,
within ten (10) days of receipt of the notice that such fee is due. The
filing of such notice shall stay the effect of such assessment until a hearing
is held before the city council at its next regular meeting. The city
council shall have the power to uphold or set aside the assessment of such
fees.
Source: Ord. No. 3125, § 5, 2-22-83; Ord. No.
3404, § 1, 5-19-86; Ord. No. 4687, § 1, 9-2-03; Ord. No. 5135,
§ 2, 9-7-10; Ord. No. 5803, § 1, 9-19-22;
Sec. 2.5-6.
Designated telephone lines.
No
person shall use or cause to be used an alarm system or device of any kind that
automatically dials or calls any telephone line of the offices of the city or
any department or division thereof except such telephone line or lines as may
be designated by the 911 communications center for the specific purpose of
receiving signals from alarm systems.
Source: Ord. No. 3125, § 6, 2-22-83; Ord. No.
3404, § 1, 5-19-86; Ord. No. 4546, § 1, 8-6-01; Ord. No. 4687, § 1, 9-2-03
Sec. 2.5-7. Confidentiality;
statistics.
(a) All information submitted in
compliance with this chapter shall be held in strictest confidence; shall be
deemed a public record exempt from disclosure except as may be required by the
Nebraska public records laws; and shall be kept so that the contents thereof
shall not be known except to persons authorized to carry out the administration
and enforcement of this chapter. The alarm coordinator shall be charged with
the sole responsibility for the maintenance of all records of any kind
whatsoever under this chapter.
(b) Subject to the requirements of
confidentiality, the alarm coordinator shall develop and maintain statistics
having the purpose of assisting alarm system evaluation, for use by members of
the public and governing body.
Source: Ord. No. 3125, § 7, 2-22-83; Ord. No.
3404, § 1, 5-19-86; Ord. No. 4546, § 1, 8-6-01; Ord. No. 4687, § 1, 9-2-03
Sec. 2.5-8.
No Liability on Part of the City.
Nothing
in this chapter nor the existence of any other fact(s) shall be construed to
require a response by public safety personnel to an address or location
registering an alarm. The city shall
neither assume nor bear any liability for its failure to respond to such an
alarm signal.
Source: Ord. No. 4687, § 1, 9-2-03
Sec.
2.5-9. Firearms dealers; burglar alarm systems required; exceptions.
Each business organization which engages in the
retail sale of firearms, except those organizations that are open 24 hours a
day or that have an employee or agent on the premises at all times, shall have
a burglar alarm system installed on the premises of its establishment. Such alarm system shall be monitored by a
central station and shall activate upon unauthorized entry or interruption to
such system. For the purposes of this
section, “business organization” means sole proprietorship, partnership, firm,
corporation or other form of business or legal entity. The provisions of this section shall not
apply to any person who (1) sells or exchanges a firearm for the enhancement of
a personal collection or as a hobby, (2) sells all or part of a personal collection
of firearms, or (3) sells firearms from his or her own residence and keeps for
sale not more than ten firearms.
Source: Ord. No. 4687, § 1, 9-2-03
Sec.
2.5-10. Penalty.
Any person convicted of a violation of any of
the provisions of, or failing to comply with any of, the mandatory requirements
of this chapter shall be guilty of an offense. Each person shall be
guilty of a separate offense for each and every day during any portion of which
any violation of any provision of the chapter is committed, continued or
permitted by any such person.
Source: Ord. No. 3125, § 8, 2-22-83; Ord. No.
3404, § 1, 5-19-86; Ord. No. 4687, § 1, 9-2-03
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