It is hereby declared to be the purpose of this chapter to reduce the number of false fire and security alarms activated by private emergency alarm systems.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM AGENT. Any person who is employed by an alarm business either directly or indirectly, whose duties include selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure, facility or grounds any alarm system.
ALARM BUSINESS. Any individual, partnership, corporation or other entity who, in addition to selling alarm systems, also leases, maintains, services, repairs, alters or installs any alarm system, or causes to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure, facility or grounds.
ALARM SYSTEM. Any device used for the detection of an unauthorized entry or attempted entry into a building, structure, facility or grounds, or for alerting others of the town of an unlawful act within a building, structure, facility or grounds, which, when activated, causes notification to be made directly or indirectly to the Police Chief or to the Fire Department. For the purpose of this chapter an alarm system shall not include:
(1) An alarm installed on a motor vehicle;
(2) An alarm designed so that the Police Chief is not notified until after the occupants, an agent or the owner or lessee, or an agent of an alarm system business has checked the alarm site and determined that the alarm was the result of criminal activity of the kind for which the alarm system was designed to give notice;
(3) An alarm which signals or alerts the occupants of the premises protected by the alarm system;
(4) An alarm installed upon premises occupied by the United States, Indiana, or any political subdivision thereof.
AUTOMATIC-TELEPHONE DIALING DEVICE. Any device connected to an alarm system which automatically sends a pre-recorded message or coded signal to a law enforcement agency or fire department indicating the activation of the alarm system.
FALSE ALARM. An alarm eliciting a police or fire response when the situation does not require police or fire services. For the purpose of this chapter, this does not include alarms triggered by severe atmospheric conditions or other circumstances not reasonably under the control of the alarm user, installer or maintainer.
PERMIT HOLDER. The individual, corporation, partnership or other legal entity to whom an alarm system permit is issued.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 100798B, passed 10-21-98)
(A) It shall be unlawful to use or permit the use of any automatic telephone device or attachment which automatically selects any telephone line leading into the communication center used by the Police Department or Fire Department and then transmits any pre-recorded message or signal.
(B) It shall be unlawful to sell or install any automatic telephone device which automatically selects any telephone line leading into the communication center of the town and then transmits any pre-recorded message or signal.
(C) Any person who operates or uses an automatic telephone device at the time this chapter becomes effective shall have until October 1, 1989, to comply with the requirements of this section.
(D) Any person who violates this section shall be subject to the general penalties for violating this chapter as contained in § 111.99.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91) Penalty, see § 111.99
(A) It shall be unlawful for a person in control of property to operate, cause to be operated, or permit the operation of an alarm system on that property unless a current alarm system permit has been obtained from the Police Department, provided, however, no permit shall be required for an alarm system located on a private residence if so equipped that any externally sounding alarm is automatically disconnected within 15 minutes after activation.
(B) Any person who operates an alarm system at the time this chapter becomes effective shall have 30 days after the effective date of the chapter to apply for an alarm system permit if one is required by this chapter.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91) Penalty, see § 111.99
Application for a permit for the operation of an alarm system shall be made by a person or legal entity having control over the property on which the alarm system is to be installed and operated. Such application shall be made in writing to the Police Department on a form designated by the town for that purpose. The application shall include the following information:
(A) The name, address and telephone number of each person in control of the property;
(B) The street address of the property on which the alarm system is to be installed and operated;
(C) Any business name used for the premises on which the alarm system is to be installed and operated;
(D) Whether the alarm system or systems are or are not local alarms and whether the alarm system or systems are designed to give notice of a burglary, hold-up or other type of emergency;
(E) The name of the person or alarm system business who will install the alarm system;
(F) The names and telephone numbers of two persons of an alarm system business which are able to and have agreed:
(1) To receive notification at any time;
(2) To come to the alarm site within 30 minutes after receiving a request from the Town Marshal or Fire Chief to do so; and
(3) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
(A) The Police Department shall issue an alarm system permit to the person or other legal entity in control of the property upon submission of an application in accordance with this section and payment of the permit fee, unless the Police Department finds that any statement made in the application was incomplete or false.
(B) All information on such application shall be protected as confidential information, provided, however, nothing in this section shall prohibit the use of such information for legitimate law enforcement purposes and for enforcement of this chapter.
(C) The permit holder shall promptly notify the Police Department in writing of any change in the information contained in the permit application.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
(A) The fee for an alarm system permit shall be $25.
(B) An alarm system permit issued pursuant to this chapter shall be valid for a term of two years commencing from the date of issuance.
(C) An alarm system permit issued pursuant to this chapter shall be personal to the permit holder and is not transferrable.
(D) An alarm system permit issued pursuant to this chapter may be suspended or revoked pursuant to the conditions and procedures established by § 111.99 of this chapter.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
The permit holder for an alarm system shall keep such permit at the alarm site in a location which is visible to any law enforcement official who responds to an alarm.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91) Penalty, see § 111.99
(A) Prior to doing business within the town, an alarm system business shall obtain a license from the Police Department.
(B) An alarm business doing business at the time this chapter becomes effective shall have 30 days to apply for a license as required above.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91) Penalty, see § 111.99
(A) All applications for a license required by this chapter shall be made on forms designated by the Police Department and shall include the following information:
(1) The full name and address of the alarm business;
(2) The full name, business address and home address of the manager;
(3) A telephone number at which the Town Marshal or Fire Chief can notify personnel of the alarm business of a need for assistance at any time;
(4) The names, addresses and dates of birth of all alarm agents employed by the alarm business;
(B) An alarm business shall promptly notify the Police Department in writing of any change in the information contained in the registration form.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91) Penalty, see § 111.99
(A) An alarm business license shall be valid for one year from the date of issuance.
(B) The annual license fee for each alarm business shall be $150.
(C) An alarm business license shall be personal to the holder and is not transferable.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
An alarm business license issued pursuant to this chapter may be suspended or revoked pursuant to the conditions and procedures established by § 111.99 of this chapter.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
Every alarm agent shall carry on his person at all times while engaged in the alarm business an identification card which shall be displayed to any law enforcement officer or fire department officer upon request.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
(A) Any alarm business which installs an alarm system within the town shall provide the following information on a form designated by the town:
(1) The address where such system is installed;
(2) The name and address of the person having control over the property;
(3) The type of alarm system.
(B) Such form shall be submitted to the Town Marshal not earlier than 20 days prior to the installation of such system and not later than 48 hours after such system is installed. Such information shall be protected as confidential information and its use shall be restricted to legitimate law enforcement purposes and to enforcement of this chapter.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
(A) It shall be unlawful for a person who controls property on which an alarm system is installed to issue, cause to be issued or permit the issuance of more than three false alarms in a calendar year. Provided, however, this section shall not apply to an alarm system which emits a false alarm within 30 days after installation of the alarm system.
(B) A person who controls property on which an alarm system is installed shall receive a warning from the law enforcement agency or fire department for the first three false alarms issued by such alarm system during a calendar year. There shall be no distinction between fire and security false alarms.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 121806B, passed 1-16-07; Am. Ord. 121068, passed - -07) Penalty, see § 111.99
If an alarm system issues more than six false alarms in a calendar year, the person who controls the property on which such alarm system is installed shall receive notice of violation of § 111.30 in the manner directed in this chapter.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91)
(A) A law enforcement officer or fire department officer shall notify the owner or operator of an alarm system, or his or her representative, of a violation of § 111.30 by presenting such person found in possession or in charge of the alarm system with a written notice. If the officer shall not find any such person in possession or in charge of the premises, or if the person is a child or incapable of receiving the notice, the officer shall notify such owner or operator either by mail or by posting or attaching a written notice of the violation in a conspicuous place upon the premises and such person shall be bound thereby.
(B) All notices of violations, as required to be served by this chapter, shall be executed by the law enforcement officer or other authorized person. A copy shall be served upon the violator.
(C) All notices provided for in this chapter shall contain the following information:
(1) The specific violation with which the violator is charged;
(2) The date and time of the violation.
(3) The current number of the violation.
(D) The copy of the notice served upon the violator or his or her representative, or the owner of the premises, shall also state that the violator or such other person shall appear in person or by attorney or agent, at the office of the Ordinance Violations Bureau to plead guilty or not guilty within seven days of the hour of 12:00 noon of the date of the violation appearing upon the notice. However, if the period of seven days shall expire upon a Sunday or a legal holiday, then the period of time in which the violator must appear shall be extended to the next business day. A violator may plead guilty and pay his or her fine within seven days of the mailing of a copy of the notice of the violation by mailing a copy of his or her citation and appropriate payment by first class mail, postage prepaid, to the Ordinance Violations Bureau.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 121806B, passed 1-16-07; Am. Ord. 121068, passed - -07)
(A) It shall be the duty of any person who receives a notice of a violation, served pursuant to the provisions of this chapter, to appear in person or by attorney or agent at the office of the Ordinance Violations Bureau if he or she desires to take advantage of the privilege of compromising the offense.
(B) Any person who has received such a notice of violation and who has been guilty of five or more violations of § 111.30 during the calendar year, either by his or her own admission or by conviction thereof, may so appear in person or by attorney or agent during the period of time allowed to appear pursuant to the notice served under this chapter, and admit liability for the offense charged in the notice and tender payment of the penalty specified in this chapter, together with any costs required by law.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 121806B, passed 1-16-07; Am. Ord. 121068, passed - -07)
(A) Any person receiving a notice of a violation pursuant to this chapter and who has been guilty in any manner during the current calendar year of four or more of the violations of § 111.30, or anyone receiving a notice of any such violation and who does not wish to compromise the claim of the town by the payment of the penalty therefor as provided in this chapter, may appear in person, or by attorney or agent, at the office of the Ordinance Violations Bureau during the period of time provided therefor in the notice, waive arrest and arrange with the bureau to be slated and to have a date set for the time he or she shall appear in court.
(B) The Ordinance Violations Bureau shall thereupon arrange with the Clerk or Judge of the court having jurisdiction thereof for the appearance in court upon a date on which the law enforcement officer who signed the notice of the violation is assigned to duty in the court and shall notify the County Prosecutor of all such cases, giving the status thereof and any information required so that proper affidavits or complaints may be prepared.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 121806B, passed 1-16-07; Am. Ord. 121068, passed - -07)
Upon the failure or refusal of any person receiving a notice of any violation under this chapter to appear as provided in this chapter and report to the Ordinance Violations Bureau or to compromise the violation if appearing, it shall be the duty of the Clerk of the Bureau to report such fact forthwith to the County Prosecutor and to the law enforcement officer who signed the notice to appear, and to furnish the Chief of Police with all necessary information to prepare a proper affidavit and complaint, together with the correct name and address of the violator, if known or ascertainable. Proceedings in court against such violator shall thereupon be brought in the manner provided by statute or as hereafter may be provided and, upon conviction of the offense charged and in lieu of the sums prescribed by any such compromise, the penalties provided for general violations of this chapter may be assessed for each such offense, together with such costs as are provided for by statute.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 121806B, passed 1-16-07; Am. Ord. 121068, passed - -07)
(A) Any person who violates this chapter shall be subject to a $25 fine unless an alarm system permit is obtained within ten days after receiving notification of the violation.
(B) The penalties payable upon such compromises, not including any costs specifically required by statute to be added thereto, shall be as follows:
(1) For the violations of § 111.30, the penalty shall be $50 for the fourth violation within each calendar year the penalty shall be $100 for the fifth violation; and $150 for every other violation within the same calendar year.
(2) Such additional costs shall be assessed and paid as may be required by statute or this chapter.
(C) Any duly appointed officer or employee of the Ordinance Violations Bureau is authorized and empowered to accept on behalf of the town any such offer of compromise of any violator, when the required amount of the penalty is properly tendered pursuant to this section. Such acceptance on behalf of the town shall be effected by issuing to or for the violator a receipt of the Traffic Violations Bureau, signed by the person acting therefor, acknowledging the payment of the proper sum, which payment and receipt shall constitute a complete satisfaction for the violation.
(Ord. 070589A, passed 7-5-89; Am. Ord. 010991A, passed 1-9-91; Am. Ord. 121806B, passed 1-16-07; Am. Ord. 121068, passed - -07)
