CR 2004-003 Alarm Systems Of the Hopkins City Code
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January 6,2004 Council Report 2004-003
ORDINANCE AMENDING SECTION 930, ALARM SYSTEMS,
OF THE HOPKINS CITY CODE
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Council approve
Ordinance 2004-915 for first reading.
Approval of this motion will begin the process of amending Section 930 of the Hopkins City Code
removing outdated language.
Overview
Staff is recommending Section 930, Alarm Systems, be deleted and that a new ordinance, 2004-915,
be adopted to replace it. This ordinance has not been revised since 1995. The purpose of this
change is to update the Hopkins City Code, to become more in line with surrounding jurisdictions, and
to meet alarm industry standards. This will change the ordinance from alarm permits to alarm
registrations and include fire alarms as well as police (burglary, panic, holdup, duress, medical)
alarms. The City Attorney has reviewed the ordinance and his recommendations have been included.
.rimarv Issues to Consider
. Impacts of "registration" vs. "permit"
. Administration of program
. False alarms
. New fee structure
SUDPortinq Information
. Analysis of the Issues
. Ordinance 2004-915
~CN'ik~W, m~ ~77k~
.atherine Magdal . George Magdal
olice Services Liaison Fire Marshal
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Council Report 2004-003
Page 2
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Analysis of the Issues
Impacts of "Registration" vs "Permit:
. The ordinance has been changed from a one-time permit application to that of an annual
registration. It will require that alarm systems register with either the police or fire department
once each year. Some of the alarm permits on file are 10-20 years old.
Administration of Program:
. The administration of the program will be more time-consuming, but it wiJI allow for more
accurate and up-to-date information on the alarm systems in our city. One-time permit
applications are not kept up with current key holder and other necessary information. By
having an annual registration, all pertinent information will be kept current.
. The police department will handle the administration of all police (burglary, holdup, duress,
panic, medical) alarm registrations and the fire department will handle the administration of all
fire alarm registrations.
False Alarms:
. The majority of our alarm calls are false alarms and is a drain on our resources. The revised
ordinance has requirements for maintaining alarm systems, which should help reduce the
. number of false alarm calls.
New Fee Structure:
. The annual registration fee for police alarms will be $10 and the annual registration fee for fire
alarms will be $10.
. Free false police alarms will be limited to 2 per calendar year. The 3rd will be charged at the
existing fine schedule ($50 with amount increasing by $25 for each successive alarm over 3).
. The fire department will keep the existing fine schedule for false alarms ($250 per false alarm
after first one in a calendar year).
. The fire department will charge $250 for intentional false alarms.
. If an individual/business fails to register an alarm, a $100 fine will be incurred.
Alternatives
1. Approve Ordinance 2004-915 for first reading.
2. Do not approve Ordinance 2005-915 for first reading and direct staff to make changes. .
Staff recommends Alternative #1.
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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 alarms and to provide for the maximum
possible service to alann users, to encourage alarm users to maintain the operational
reliability and proper use of alarm systems and to reduce false alanns. 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 alarms, 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 alarm
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:
"Alarm 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.
Subd.5. "Alarm 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 desibTfled 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 predetennined telephone number and
transmit by voice, message or coded emergency signal a need for response of police, fire,
or medical personnel.
Subd. 8. "Burglary Alann" 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 Alarm" means an alann 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.
"PaIse Alarm" shall also mean the failure or refusal of an alann user or authorized
designee to respond upon request to the activated alann system location to assist
police/fire persOlmel, whether or not an emergency exists.
"false Alarm" DOES NOT include an alarm caused by violent conditions of
nature, utility line mishaps, power outages or other unusual circumstances which are
. determined to be beyond the control of the alarm system or user.
Subd. 10. "Fire Alarm System" means any system, device, or mechanism for the
detection or reporting of a possible fire or other hazardous conditions.
Subd. 11. "Hold-up Alarm" means a silent alarm 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 alarm
company.
Subd. 13. "Panic/Medical Alann" means an audible or silent alarm system sibTflal
generated by the manual activation of a device intended to signal a lite-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 ]. Registration required. Every alann user shall be required to register
annually each alarm classification (police or fire) on the alann user's premises on a fonn
provided by the City to the appropriate Alann Administrator. This registration will
expire December 3] s1 of each year. Each alann registration fonn must include the
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following infonnation 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 alann system located at the alann site, the classification of the alann system,
i.e. fire, burglary, holdup, panic or other and for each purpose whether audible, silent
or motion;
d) Mailing/Billing address if different from the alann site;
e) A list of the names and phone numbers of people who have the ability to control the
alann system;
f) The name, address, and telephone number ofthe alarm company monitoring the
system;
g) The name and 24-hour emergency number of the alann/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
. alann 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 alanll installation or alann takeover.
Existing alarm 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 alarm user that fails to register as required herein shall
be subject to a fine set forth by Council resolution. Unregistered alarm systems are not
exempt from the other requirements and fines set forth in this ordinance.
Subd. 3. Transferability. Alann 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 applicahle 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 hst with their alann company;
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c) Notify the alarm company ofa false alarm activation as soon as the user is aware of
the fa! se 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 alann 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 signals
prior to requesting a response by the police department;
e) Maintain a current record accessible to the alarm administrator at all times that
includes the names of the alarm users serviced by the company, the addresses of the
protected properties, the type of alarm system, the original installation date and
subsequent modifications, ifany, for each protected property, a record of the date and
. time of alann dispatch requests to each protected property, a record of false alanns at
each property with evidence ofthe company's attempt to verify the alarm and an
explanation of the cause of the false alann;
i} 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 alarm system user and the Alarm Administrator to
determine the cause of any false alann 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 staff will be trained on the proper
use of the system (See 930.08. Subd. 2 for testing requirements.).
930.06, False Alarm Fines. Subdivision 1. For each Police false alann in excess of
two (2) per calendar year (January 1 through December 3 I) and for each Fire false alarm
in excess of one (]) per calendar year (January I through December 3 I), a fine shall be
paid by the alarm user to the City of Hopkins. This fine shall be set by City Council
resolution.
Subd. 2. False Alarm Billing. If a false alann charge remains unpaid beyond 60 days,
unpaid fees and tines may be collected by assessing the amounts against the property
where the false alann occurred.
. 930.07. Prohibited Acts. Subdivision I. Automatic Dialing Devices. No person shall
use or cause to be used any automatic dialing 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 designated 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 ofthis
section and designated as a false alarm.
Subd. 3. Intentional False Alanns. No person shall intentionally activate a false alarm 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 alarm site once within a 24~hour period unless the alarm company has
checked the alann system, verified the alann and is able to locate a key-holder who will
provide police officers access to the site.
930.09. Audible Alarms. Alarm systems with audible sounds shall not sound for a
period exceeding 15 minutes unless otherwise authorized.
930. 10. Appeal Process. An alann user who has been charged with a false alarm fine
may appeal in writing to the Alann Administrator within ten ( 10) days after notice was
mailed. The Alann Administrator will issue a decision in writing. An alann user may
appeal the decision ofthe 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. Liability of the City. The regulation of alarms does not constitute acceptance
by the city of liability to maintain equipment, to answer alarms, or to respond to alarms in
any particular manner. The city has no responsibility for any consequential damage
resulting from the city's failure to respond to an alarm.
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 detennination 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, infonnation 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 of this 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