Ord 2084 - Proced Reg Alarm Syst
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COUNCIL BILL NO. 1390
ORDINANCE NO. 2084
AN ORDINANCE PRESCRIBING THE METHODS AND PROCEDURE FOR
REGULATING ALARM SYSTEMS IN THE CITY OF WOODBURN, PROVIDING FOR
FEES, AND PENALTIES FOR VIOLATIONS THEREOF; AND REPEALING
ORDINANCE NO. 1649.
The City of Woodburn ordains as follows:
Section 1. Title. This ordinance shall be known as "Alarm System Control
Ordinance",
Section 2. PurDose. Construction and ScoDe.
(1) The occupants of numerous residential, commercial and industrial
establishments within the corporate limits of the City of Woodburn have found it
desirable to make provisions for the installation upon their premises, at their own cost
and expense, of alarms systems for emergencies requiring police response.
(2) There is a growing number of private enterprises that have embarked
upon the business of selling or leasing such alarm systems, entering into contract with
such occupants for the installation, operation and maintenance of such alarm systems,
and providing, either individually or in concert with other private business enterprises
an alarm device or devices installed in various alarm monitoring centers. Likewise,
there is a growing number of private enterprises that have embarked upon the
business of selling such alarm systems where the installation is completed by the
purchaser and/or the user.
(3) The proliferation of the number of private enterprises engaged in the
distribution of alarm systems and the number of commercial and residential users of
such systems has resulted in conditions that has led to an unnecessary drain on the
personnel, time, space, facilities and finances of the City and its police services, and a
deterioration of the quality of police service to the City's residents.
(4) The public interest, therefore, requires the enactment of rules,
regulations, standards, and procedures to regulate and control the private alarm
business within the corporate limits of the City of Woodburn for the following
purposes:
(a) The Police Department may efficiently and economically coordinate
their functions with the various alarm services to which the public within
the City may subscribe;
(b) The quality of the alarms services rendered to the public may be
improved and maintained at a high level;
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(c) The excessive number of false alarms which require expenditure of
police resources must be reduced so that those limited resources may
be more efficiently utilized;
(d) Those private enterprises engaged in the alarm business and
persons who utilize alarm systems should help support the
administration of the alarm system and where alarm users are
responsible for an excessive number of false alarms, they should pay
additional charges, which relate to the additional responses by the police
and motivate alarms users to reduce the number of false alarms;
(e) Those alarm users who are responsible for excessive false alarms,
and who fail or refuse to remedy the cause of excessive false alarms
demonstrate their indifference to limited police resources being devoted
to unnecessary emergency responses, and such users should be treated
by punitive measures. By the time an alarm user's system has
generated three false alarms within a year, the police response by way of
notices will have provided the user with ample warning of the
consequences and therefore it is presumed the alarm user has failed to
take adequate steps to remedy the problem(s) and maintain the alarm
system.
(5) The purpose of this ordinance is to encourage alarm users and alarm
businesses to assume increased responsibility for maintaining the mechanical reliability
and the proper use of alarms systems to prevent unnecessary police emergency
responses to false alarms and thereby protect the emergency response capability of
the City from misuse.
(6) Except where otherwise expressly provided, this ordinance governs all
alarm systems eliciting a police response, establishes fees and charges and provides
for the enforcement of violations.
Section 3. Definitions.
For the purpose of this ordinance, the following definitions apply:
(1) Alarm Business. A person, firm, partnership, corporation, association or
other legal entity, engaged in the profit-oriented selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing of any alarm system in or on any
building, structure. facility or portion thereof.
(2) Alarm System. An assembly or equipment, mechanical or electrical, or
both, designed and used to signal the occurrence of an illegal or unauthorized entry
or attempted entry or other illegal activity on the premises of the alarm user, which
requires or solicits urgent attention and to which the police are expected to respond.
(3) Alarm User. A person, firm, partnership, corporation, association or
other legal entity in control of a building, structure, facility or portion thereof within the
City of Woodburn wherein an alarm system is used.
(4) Automatic Dialing Device. A device which is interconnected to a
telephone line and is programmed to select a predetermined telephone number and
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to transmit by voice message or code signal an emergency message indicating a
need for emergency response. An automatic dialing device is an alarm system.
(5) Excessive False Alarm. A false alarm which occurs following three
previous false alarms within one year.
(6) False Alarm. Signal or activation by an alarm system which elicits a
response by the Police Department when a situation requiring a response by the
police does not in fact exist. False alarms do not include an alarm signal by an alarm
system, which is caused by violent and extraordinary conditions of nature or other
extraordinary circumstances not reasonably anticipated or subject to control by the
alarm business operator or the alarm user.
(7) Governmental Political Unit. Any tax supported public agency.
(8) Interconnect. To connect an alarm system including an automatic dialing
device to a telephone line either directly or through a mechanical device that utilizes a
telephone for the purpose of using the telephone line to transmit a message upon the
activation of the alarm system.
(9) Municipal Court. The Woodburn Municipal Court.
(10) Monitoring Center. A facility used to receive emergency and general
information from an alarm user and to direct an emergency response.
(11) Police Chief. The police chief of Woodburn, Oregon or his designee.
(12) Police Department. The Woodburn Police Department.
Section 4. User Instructions. Every alarm business, which operates as such
on behalf of alarm users within the City shall furnish the user with instructions which
enable the user to operate the alarm system properly without false alarms and to
obtain service for the alarm system.
Section 5. Automatic Dialing Device. Certain Interconnection Prohibited.
(1) It is unlawful for any person to program an automatic dialing device to
select a primary trunk line or any 911 trunk line, capable of signalling a need for police
response; and it is unlawful for an alarms user to fail to disconnect or reprogram an
automatic dialing device which is programmed to select a primary trunk line upon of
receipt of notice from the Police Chief, directing that such disconnection or
reprogramming occur.
(2) It is unlawful for any person to program an automatic dialing device
which selects any telephone line assigned to the City of Woodburn; and it is unlawful
for an alarm user to fail to disconnect or reprogram such a device upon of receipt of
notice from the Police Chief that such automated dialing device should be
disconnected or reprogrammed.
(3) The City of Woodburn and other governmental providers of emergency
and critical municipal services, including but not limited to water, sewer, and streets
are exempt from the provisions of this section.
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Section 6. False Alarms. Hearina. Determination.
(1) An alarm user, whose alarm system has three or more false alarms within
a year shall be subject to a charge for excessive false alarms in an amount of $15.00.
Excessive false alarm charges shall be paid by the alarm user notwithstanding an
agreement or claim of liability which holds an alarm business responsible for such
charges. Excessive false alarm charges shall be established in an amount designed
to encourage correction in an alarm system or in the operation of an alarm system, to
discourage false alarms and to reimburse the City for the use of its police resources.
(2) After each of the first three false alarms during a year, the Police Chief
shall send by regular mail a notice of false alarm to the alarm user and the alarm
business. The notice shall advise the alarm user and the alarm business of the date
and time of the false alarm and the specific number of false alarms recorded by the
coordinator for the alarm system during the current year. The notice shall also advise
that upon the occurrence of a fourth false alarm during the year, the alarm user will be
charged a fee for each excessive false alarm.
(3) If the Police Department responds to a third false alarm during the year, the
Police Chief shall forward a notice by certified mail return receipt requested to the
alarm business stating that the Police Department has responded to three (3) false
alarms at the address where the alarm system is located. This notice shall also advise
that the occurrence of any additional false alarms at the address where the alarm
system is located during the year will result in a fee to the user for excessive false
alarms.
(4) The Police Chief shall prescribe the form of the notices to be used in this
section. For purposes of determining which form of mailing and notice to use, any
alleged false alarm, which is disputed as provided in this section and for which a final
determination has not been made, shall be treated as having occurred. The Police
Chief shall insure that adequate records of notices being sent to alarm users and
alarm businesses are maintained by the Police Department. Failure of a person to
receive a notice shall not invalidate any proceeding in connection with a false alarm or
in the imposition of additional charges.
(5) An alarm user or alarm business who is aggrieved by the determination
that a particular false alarm has occurred may request a hearing. The request shall be
made in writing and filed with the Police Chief and the Municipal Court within ten (10)
days of the date on which the alarm user is sent the notification of false alarm for
which a hearing is requested. Unless a request for a hearing is made in accordance
with this section, an alarm user shall have waived any right to challenge the decision
whether a particular false alarm occurred and the false alarm shall thereafter be
treated as having occurred on the date and time alleged. If a hearing is requested in
accordance with this subsection, the Municipal Court shall notify by regular mail the
person requesting the hearing of the time and place of the hearing.
(6) Every hearing to determine whether a false alarm has occurred shall be
held before the Municipal Court without a jury. The court may in the interest of justice
consolidate hearings which involve the same alarm user or alarm system and false
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alarms within the same year. The person requesting the hearing may be represented
by counsel, but counsel shall not be provided at public expense. If counsel is to
appear, written notice shall be provided to the Municipal Court and Police Chief not
less that five (5) business days prior to the hearing date. The Police Chief, or the
City's designated representative and the person requesting the hearing shall have the
right to present written and oral evidence. Oral testimony shall be taken only on oath
or affirmation and shall be subject to the right of cross-examination. If the person
requesting a hearing wishes that witnesses be ordered to testify, they must request
the court to order the desired witness subpoenaed, which request shall be at least five
(5) business days prior to the scheduled hearing. A deposit for each witness shall
accompany the request and such deposit shall be refunded, if it is determined the
alleged false alarm did not occur. The deposit for subpoenas shall be in an amount
equal to witness fees provided by statute in other courts of this State. At the hearing,
any relevant evidence shall be admitted if it is the type of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs.
However, irrelevant and unduly repetitious evidence shall be excluded. The City shall
have the burden of proving that a false alarm occurred by a preponderance of the
evidence. Within thirty days after the hearing, the Municipal Court shall determine
whether the alleged false alarm has occurred and shall so advise the parties. The
decision of the Municipal Court is final.
Section 7. Confidentiality. Statistics.
(1) Except as otherwise required by law, if an alarm user requests that
information submitted by the user as part of an application be kept in confidence,
such information shall be held in confidence and shall be deemed a public record
exempt from disclosure under Oregon law. The Police Department shall be
responsible for maintenance of records created under this ordinance.
(2) Notwithstanding the requirements of subsection (1) the Police
Department shall develop and maintain statistics for purposes of evaluating alarm
systems.
Section 8. Allocation of Revenues. All fees and charges collected pursuant
to this ordinance shall be deposited in the general fund in the City of Woodburn, and
are nonrefundable.
Section 9. Duty to Maintain Alarm SYstem.
(1) It shall be the duty of an alarm user to maintain its alarm system in good
operating condition and free of false alarms.
(2) An alarm user whose alarm system generates four or more false alarms
within a year violates this ordinance.
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Section 10. Civil Infraction in Addition to Fee.
In addition to any fees assessed pursuant to this ordinance, a violation of the
provisions of this ordinance constitutes a class 4 civil infraction, punishable in
accordance with Ordinance 1998 of the City of Woodburn. Every date that a violation
is found to exist constitutes a separate civil infraction.
Section 11. Severabilitv. If any section, subsection, sentence, clause, phrase
or portion of this ordinance or of any resolution adopted hereunder is, for any reason,
held invalid or unconstitutional by a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining provisions of this ordinance or any resolution
adopted hereunder.
Section 12. Repeal. Ordinance No. 1
Approved as to form?l~
is hereby repealed.
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City Mom", D.. ~
APPROVED: ~ W
RED W. KYSER, M R
Passed by the Council
May 26, 1992
Submitted to the Mayor
Approved by the Mayor
May 27, 1992
Filed in the Office of the Recorder
May 27, 1992
May 27, 1992
ATTEST: fY\~~
Mary Tenna , Ity Recorder
City of Woodburn, Oregon
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