Memo-2nd reading for 2004-915
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. I Police Services Liaison Office I
Memo
To: Honorable Mayor and City Council Members
From: Katherine Magdal & George Magdal, Fire Marshal
Date: January 13, 2004
Re: Second Reading for Ordinance 2004-915
Attached is Ordinance 2004-915 for second reading. This ordinance requires owners of
alarm systems, police and fire, to maintain their systems and register them annually with the
City.
Staff recommends the following action: move to approve Ordinance #2004-915 for second
readinQ, approve Resolution 2004-005 amendinQ fees in Chapter 10 of the Hopkins City
Code, approve the summary of Ordinance 2004-915 and order the summary published.
. This ordinance has not been changed since the first reading.
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. CITY OF HOPKINS COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2004-915
AN ORDINANCE REVISING VARIOUS SECTIONS OF THE CITY
CODE RELATED TO ALARM SYSTEMS
The following is a summary of the major revisions of the ordinance:
Section 930 Alarm Systems
. Changes from a one-time permit fee to an annual registration fee.
. Registration will be for all fire and police alarm systems.
. Police will handle the administration of all police alarms.
. Fire will handle the administration of all fire alarms.
. Has requirements for maintaining alarm systems, which should reduce the
number of false alarm calls.
. Free false police alarms will be reduced to two (2) per calendar year.
. Adds a fine for intentionally causing a false fire alarm.
. . Adds a fine for failure to register an alarm system.
A printed copy of the entire ordinance is available from the City Clerk and at the
Hopkins library.
First Reading of Ordinance 2004-915 January 6, 2004
Second Reading of Ordinance 2004-915 January 20, 2004
Publication of Summary Ordinance 2004-915 January 29, 2004
Effective Date of Ordinance 2004-915 January 29, 2004
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CITY OF HOPKINS
. HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2004-005
RESOLUTION AMENDING FEES IN CHAPTER 10 OF THE
HOPKINS CITY CODE
WHEREAS, Hopkins City Code allows fees to be set by resolution and;
WHEREAS, City staff have reviewed the current fees and have recommended
increases of current fees,
NOW, THEREFORE BE IT RESOLVED, to adopt changes in Chapter 10 of the Hopkins
City Code as follows:
Effective Date
1010.27. Police
6 Alarm Registration 10.00 Per alarm system
False Alarms, police - 3rd alarm in one per year
e 7 50.00 Amount increasing
calendar year by $25.00 for each
successive alarm
over three.
11 Failure to Register Alarm System 1 00.00 Per alarm
1020.19. Fire
5 Alarm Registration 10.00 Per alarm system
per year
6 Failure to Register Alarm System 100.00 Per alarm
7 False Alarm, Intentional 250.00 Per alarm
Adopted by the City Council of the City of Hopkins this 20th day of January 2004.
By
Eugene J. Maxwell, Mayor
ATTEST:
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Terry Obermaier, City Clerk
. CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2004-915
AN ORDINANCE DELETING SECTION 930 OF THE
HOPKINS CITY CODE AND REPLACING IT WITH
A NEW SECTION 930. PUBLIC SAFETY ALARM SYSTEMS
REGISTRATION & REGULATION
The City Council of the City of Hopkins does hereby ordain:
Section 1. Section 930 of the Hopkins City Code is deleted in its entirety and replaced
with the following language:
Section 930 - Public Safety Alarm Systems Registration & Regulation
930.01. Purpose and Scope. The purpose of this section is to protect the public
safety services of the city from misuse of alanns and to provide for the maximum
possible service to alarm users, to encourage alarm users to maintain the operational
reliability and proper use of alarm systems and to reduce false alarms. This section
provides regulation for the use of police, fire, and medical alanns, requires registration,
establishes fees, and establishes a system of administration.
. Definitions. Subdivision 1. For the purposes of this section the tenns defined in this
subsection have the meanings given them.
Subd. 2. "Alarm Administrators" are the Chief of Police, or designee, who is responsible
for the registration and regulation of the city's police alanns, including, but not limited to
burglary, panic, hold-up, medical and duress; and the Fire Chief, or designee, who is
responsible for the registration and regulation of the city's fire alarms, including, but not
limited to water flow, carbon monoxide, and smoke and heat detection.
Subd. 3. "Alarm business" means and includes any person engaged in selling, leasing,
maintaining, servicing, replacing, moving, installing, or monitoring any alarm or alann
installation.
Subd. 4. "Alarm system" means any mechanical, electrical, or electronic device installed
in a building or on real property intended to warn of a possible need for emergency,
police, fire, or medical services, except:
"Alann system" DOES NOT include any such device in a residential occupancy
designed for the sole purpose of alerting only the occupants within a single unit or
dwelling.
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. Subd. 5. "Alann user" means any person, owner, occupant, tenant, finn, partnership,
association, corporation, company, or organization of any kind upon whose premises,
building, structure, or facility an alarm system is maintained.
Subd. 6. "Audible alann" means a device designed for the detection of smoke or fire or
of an unauthorized entry on the premises, which alarm actuates or generates an audible
sound on or near the premises.
Subd. 7. "Automatic dialing device" means a device that is interconnected to a telephone
line or system and is programmed to select a predetermined telephone number and
transmit by voice, message or coded emergency signal a need for response ofpohce, fire,
or medical personnel.
Subd. 8. "Burglary Alarm" means any system, device, or mechanism for the detection
and reporting of criminal intrusion, or attempted intrusion upon an alarm site to a remote
receiving station for the purpose of dispatching law enforcement personnel.
Subd. 9. "False Alann" means an alarm message or signal initiated and transmitted either
automatically or manually through an alarm system which summons a response by
police, fire or medical personnel when no fire, smoke, criminal activity, medical or other
emergency exists.
. "False Alarm" shall also mean the failure or refusal of an alaon user or authorized
designee to respond upon request to the activated alarm system location to assist
police/fire personnel, whether or not an emergency exists.
"False Alann" DOES NOT include an alann caused by violent conditions of
nature, utility line mishaps, power outages or other unusual circwnstances which are
determined to be beyond the control of the alarm system or user.
Subd. 10. "Fire Alann System" means any system, device, or mechanism for the
detection or reporting of a possible fire or other hazardous conditions.
Subd. 11. "Hold-up Alann" means a silent alann signal generated by the manual
activation of a device intended to signal a robbery in progress to law enforcement
personnel.
Subd. 12. "Local Alarm System" means any alann system that enunciates an alarm only
by an interior and/or exterior audible sounding device and is not monitored by an alann
company.
Subd. 13. "Panic/Medical Alann" means an audible or silent alarm system signal
generated by the manual activation of a device intended to signal a life-threatening or
emergency situation requiring the dispatch of public safety personnel including, but not
. limited to, duress, medical, and ambush alarms.
. Subd. 14. "Public Safety Personnel" means people authorized to maintain, assist, or
enforce public safety, including police, fire, and medical personnel.
930.03. Registration, Application, Fees, Transferability, Exemptions.
Subdivision 1. Registration required. Every alarm user shall be required to register
annually each alarm classification (police or fire) on the alarm user's premises on a fonn
provided by the City to the appropriate Alann Administrator. This registration will
expire December 3 I sl of each year. Each alarm registration tonn must include the
following intormation that the city has deemed necessary to administer the alann
ordinance:
a) The name, complete address (including apartment/suite number), and telephone
numbers of the person or business who will be the registrant and be responsible for
the proper maintenance and operation of the alann system;
b) The classification of the alann site as either residential (includes apartment, condo,
etc.), commercial or multiple dwelling units;
c) For each alarm system located at the alann site, the classification of the alarm system,
i.e. fire, burglary, holdup, panic or other and for each purpose whether audible, silent
or motion;
d) Mailing/Billing address if ditferent from the alarm site;
e) A list of the names and phone numbers of people who have the ability to control the
alann system;
. t) The name, address, and telephone number of the alarm company monitoring the
system;
g) The name and 24-hour emergency number of the alarm/sprinkler service company
and owner's authorization for public safety personnel to notifY them if a service call
is necessary, and
h) Such other pertinent information as may be from time to time required by the city.
Subd. 2. FeeslNonrefundable. The fee for the initial registration and annual renewal for
an alann site is set by city council resolution and must accompany each alann
registration. The fees shall reflect the cost to the city to administer the registration of
alarm systems. Registration and annual renewal fees are nonrefundable. The initial
registration fee must be submitted to the alarm administrator(s) prior to, but no later than
seven (7) days after the alarm installation or alarm takeover.
Existing alann systems are subject to the annual registration fees and regulations set forth
in this ordinance. All permits issued prior to the effective date of this ordinance are null
and void.
Subd. 4. Failure to Register. An alann user that fails to register as required herein shall
be subject to a fine set forth by Council resolution. Unregistered alann systems are not
exempt from the other requirements and fines set forth in this ordinance.
. Subd. 3. Transferability. Alarm user registrations are not transferable from one person to
another or from one location to another.
. Subd. 4. Exemptions. The provisions of this section are not applicable to alarm systems
affixed to motor vehicles, boats, trailers, and recreational motor vehicles.
930.04. Duties of Alarm User.
Alarm users whose alarm site is located within the City shall:
a) Maintain the premises and alann system in a manner that will minimize or eliminate
false alarms;
b) Maintain a current key-holder list with their alann company;
c) Notify the alarm company of a false alarm activation as soon as the user is aware of
the false alarm;
d) Not manually activate an alarm for any reason other than an occurrence of an event
that the alarm system was intended to report; and
e) Make every reasonable effort to respond to the alann system's location within 30
minutes after being notified to provide access to the premises or to secure the
premIses.
930.05. Duties of Alarm Company.
Alarm companies installing or monitoring systems shall:
. a) Install and use only burglary control panels that meet Security Industry Association
standards, including the standard that requires a false alarm prevention feature to be
programmed to the factory default;
b) Not install an alarm system that uses smoke or other gases to incapacitate intruders;
c) Complete an alarm verification process for all residential alarm signals prior to
requesting a response by the police or fire department;
d) Complete an alarm verification process for all commercial burglary alarm sib>nals
prior to requesting a response by the police department;
e) Maintain a current record accessible to the alann administrator at all times that
includes the names of the alann users serviced by the company, the addresses of the
protected properties, the type of alann system, the original installation date and
subsequent modifications, if any, for each protected property, a record of the date and
time of alann dispatch requests to each protected property, a record of false alarms at
each property with evidence of the company's attempt to verify the alarm and an
explanation of the cause of the false alann;
f) Provide each of its alarm system users with operating instructions for their alarm
system, including a written explanation of the company's verification process and a
telephone number to call for assistance;
g) Work cooperatively with the alann system user and the Alarm Administrator to
determine the cause of any false alarm and to prevent recurrences; and
h) Establish a training period during the first seven (7) days following the installation of
any alarm system during which the alann user and statT will be trained on the proper
. use of the system (See 930.08. Subd. 2 for testing requirements.).
. 930.06. False Alarm Fines. Subdivision]. For each Police false alann in excess of
two (2) per calendar year (January 1 through December 31) and for each Fire false alann
in excess of one (]) per calendar year (January I through December 31), a fine shall be
paid by the alann user to the City of Hopkins. This fine shall be set by City Council
reso I uti on.
Subd. 2. False Alarm Billing. If a false alarm charge remains unpaid beyond 60 days,
unpaid fees and fines may be col\ected by assessing the amounts against the property
where the false alann occurred.
930.07. Prohibited Acts. Subdivision 1. Automatic Dialing Devices. No person shal\
use or cause to be used any automatic diahng device that automatically selects any
telephone line to the City, police, fire or any of its departments or divisions.
Subd. 2. Testing of Equipment. No alann system desibl11ated to summon police, fire or
medical personnel shall be tested or demonstrated without first notifying the Hopkins
Public Safety Dispatch Center. The unannounced testing of equipment that results in
notification and response by police, fire or medical personnel shall be in violation of this
section and designated as a false alarm.
Subd. 3. Intentional False Alanns. No person shall intentionally activate a false alann or
otherwise, directly or indirectly, cause a false response of police, fire, or medical
. personnel. Persons intentionally causing false fire alarms shall be held financially
responsible for the cost as set forth by Council resolution.
930.08. Required Access to Site. The Hopkins Police Department will only respond
to a burglary alann site once within a 24-hour period unless the alann company has
checked the alann system, verified the alarm and is able to locate a key-holder who will
provide police officers access to the site.
930.09. Audible Alanns. Alarm systems with audible sounds shall not sound for a
period exceeding 15 minutes unless otherwise authorized.
930.10. Appeal Process. An alarm user who has been charged with a false alarm fine
may appeal in writing to the Alarm Administrator within ten (10) days after notice was
mailed. The Alarm Administrator will issue a decision in writing. An alarm user may
appeal the decision of the Alarm Administrator by submitting a request in writing to the
City Manager, or designee, within ten ( 10) days after notice of the decision was mailed.
930.11. Liabilitv of the City. The regulation of alarms does not constitute acceptance
by the city of liability to maintain equipment, to answer alanns, or to respond to alanns in
any particular manner. The city has no responsibility for any consequential damage
resulting from the city's failure to respond to an alarm.
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. 930.12. Administrative Rules. The city manager, or designee, shall promulgate such
rules as may be necessary for the implementation and enforcement of this section, and for
the determination of the grounds for any suspension or revocation of a registration.
930.13. Enforcement and Penalties. Violation of any part of this ordinance will be
considered a misdemeanor. In addition to criminal penalties, violations are subject to
civil penalties as set by Council.
930.14. Confidentiality. Except as otherwise provided by law, information submitted
pursuant to this section or rules issued hereunder are confidential and exempt from
discovery. Subject to the requirements of confidentiality, the city manager may develop,
maintain, and publish statistics pertaining to the uses, purposes, and other pertinent data
necessary or desirable in the enforcement of this section.
Section 3. The effective date ofthis ordinance shall be on the date of publication.
First Reading: January 6, 2004
Second Reading: January 20,2004
Date of Publication: January 29,2004
. Date Ordinance Takes Effect: January 29, 2004
Gene Maxwell, Mayor
ATTEST:
Terry Obennaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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