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Home My WebLink AboutD-809 Private Emer Alarm SystemORDINANCE D-809 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA, AMENDING CHAPTER 4 OF THE CARMEL CITY CODE BY THE INCLUSION OF SECTION 4-21 ENTITLED PRIVATE EMERGENCY ALARM SYSTEMS. WHEREAS, Private Emergency Alarm Systems are not now regulated by the City of Carmel, Indiana, and; WHEREAS, False Private Emergency Alarms pose a threat to the health, safety and general welfare of the citizens of the City of Carmel and to the personnel who must respond to alarm system malfunctions, and; WHEREAS, The costs involved by responding to false Private Emergency Alarms pose a continuing economic hardship on the taxpayers of the City of Carmel, Indiana, and; WHEREAS, It is in the best interests of the citizens of the City of Carmel, Indiana that Chapter 4 of the Carmel City Code be amended: NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: Sec. 4-21 Private Emergency Alarm Systems. (A) PURPOSE. It is hereby declared to be the purpose of this chapter to reduce the number of false alarms activated by private emergency alarm systems. (1) (B) DEFINITIONS. ALARM. An audible or mechanical or electrical signal from a detection system which indicates a disturbance of the detection system or some other activity that requires urgent attention. (2) (3) (4) (5) ALARM SYSTEM. Any assembly of equipment which is designed or functions to provide an audible or mechanical or electrical signal which indicates a disturbance or some other activity that requires urgent attention. For the purposes of this article, an alarm system shall not include: (i) An alarm installed on a motor vehicle. (ii) A smoke detector not connected to an automatic dialing device. ALARM USER. Any individual, corporation, partnership or other legal entity in ownership or control of an alarm system. AUTOMATIC DIALING DEVICE. Any device connected to an alarm system which automatically sends a prerecorded message or coded signal to a selected telephone number indicating the need for an emergency response. EMERGENCY RESPONSE PERSONNEL. An employee or employees of the Carmel Police Department, Carmel Clay Fire Department or Carmel Clay Communications Center who routinely respond to a summons for assistance when there is a reasonable belief that the need exists. (6) (7) FALSE ALARM. An alarm eliciting an emergency response when the situation does not require emergency services. For the purposes 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. (1) (2) (3) (C) ALARM SYSTEM PERMIT REQUIRED. It shall be unlawful for a person who owns or controls 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 Director of the Carmel Clay Communications Center or his designee; provided, however, no permit shall be required for an alarm system located on a private residence if the only response on activation of the alarm system is an external sounding alarm that automatically stops within fifteen (15) minutes after activation. If emergency response personnel are routinely notified and dispatched to a private residence to investigate an activated alarm, a permit shall be required. Any person who violates this section shall be subject to a fifty dollar ($50.00) fine unless an alarm system permit is obtained within ten (10) days after receiving notification of the violation, provided that prior notification has not been given. Any activation occurring within thirty (30) days after installment of a new alarm system shall be exempt. (1) (2) (D) APPLICATION FOR ALARM SYSTEM PERMIT. Application for a permit for the operation of an alarm system shall be made by a person or legal entity having ownership, a leasehold interest in or control over the property on which the alarm system is installed and operational. Such applications shall be made in writing to the Director of the Carmel Clay Communications Center within five (5) days following installation of an alarm system and prior to its operation. Applications shall be on a form designed by the city for this purpose. The application shall include following information: The name, address and telephone number of each person in possession or control of the property. The street address of the property on which the alarm system is installed and operational. (3) (4) (5) Any business name used for the premises on which the alarm system is installed and operational. The name of the person or alarm system business who will install the alarm system. The names and telephone numbers of two (2) persons or of an alarm system business which are able to and have agreed: (i) To receive notification at any time, and; (ii) To come to the alarm site within thirty minutes after receiving a request from emergency response personnel to do so, and; (iii) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary. (2) (E) ISSUANCE OF ALARM SYSTEM PERMIT. The Director of the Carmel Clay Communications Center or his designee shall issue an alarm system permit to the person or other legal entity in possession or control of the property upon submission of an application in accordance with this article and payment of the permit fee, unless the Director of the Carmel Clay Communications Center or his designee finds that any statement made in the application was incomplete or false. Such permit shall contain a registration number and shall be in decal form. After the receipt of the application for an alarm system permit and payment of the permit fee, the Director of the Carmel Clay Communications Center or his designee shall record the application data for use by emergency response personnel. All information on such application shall be protected as confidential information; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate law enforcement purposes and for enforcement of this chapter. The Director of the Carreel Clay Communication Center or his designee shall forward the permit fees to the Clerk-Treasurer for deposit into the General Fund (3) The permit holder shall promptly notify the Director of the Carmel Clay Communications Center in writing of any change in the information contained in the permit application. (2) (3) (F) PERMIT FEE AND TERM. The fee for an alarm system shall be five dollars ( $5.00 ). An alarm system permit issued pursuant to this article shall be personal to the permit holder for a specific location and is not transferable. An alarm system permit issued pursuant to this article may be suspended or revoked pursuant to conditions and procedures established by Carmel City Code. (G) LOCATION OF PERMIT. The permit holder of an alarm system shall display such permit in a conspicuous manner which is visible to any emergency response personnel who respond to an alarm. (H) PROHIBITED ACTIVITY. It shall be unlawful for a person who owns, leases or controls property on which an alarm system is installed to issue, cause to be issued, or permit the issuance of more than four (4) false alarms in any one calendar year. Provided, however, this section shall not apply to an alarm system which emits a false alarm within thirty (30) days after installation of the alarm system. A person who owns, leases or controls property on which an alarm system is installed shall receive a warning from the Carmel Police Department or the Carmel Clay Fire Department for the four (4) false alarms issued by such alarm system during any one calendar year. This section shall apply to dwellings with alarm systems installed prior to and after enactment of this ordinance. (1) (2) (I) ENFORCEMENT. If an alarm system issues more than four (4) false alarms in a calendar year, the person who owns, leases or controls the property on which such alarm system is installed shall receive written notice of violation of Sec. 4-21(h) subject to civil penalties under Sec. 4-21(j) of this ordinance. The eighth and subsequent false alarms within a calendar year and other violations shall be subject to the general penalties of this code and enforcement shall be by the city attorney. (J) SCHEDULE OF CODE PROVISIONS AND PENALTIES. The following code (or ordinance) provisions and respective civil penalties are designed for enforcement through the Carmel City Court, City of Carmel, Indiana: Code Civil Section Subject Matter Penalty 4-21(h) 5th False Alarm in calendar year $ 50.00 4-21(h) 6th False Alarm in calendar year $ 75.00 4-21(h) 7th through 8th False Alarm in calendar year $100.00 In addition to the civil penalty for an 8th False Alarm in a calendar year, an alarm system permit may be subject to suspension or revocation pursuant to conditions and procedures established in section 4- 21(f) (3) of this article. (i) (K) AUTOMATIC DIALING DEVICES PROHIBITED. 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 Carmel Clay Communication Center and then transmits any prerecorded message or signal unless specifically approved by the Carmel Board of Public Works and Safety. (2) Any person who violates this section shall be subject to civil penalties not to exceed ($500.00). (L) SAVINGS CLAUSE. Should any provision of this Section be determined by any Court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect, the same as if the unenforceable provision were deleted from the Section. PASSED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA THIS 20th DAY OF July 1992. son, Presiding Officer ATTEST: · Jones, C1, -Treasurer ~_ . PRESENTED by me to the Mayor of the City of Carmel, Indiana, on the 23rd day of July , 1992. T.E. n, Mayor of Carmel, IN