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027 of 1991 - Amending Chapter 5.08 Regarding Burglary and Robbery Alarm Systems0�91-1 0 91-8 SALT LAKE CITY ORDINANCE No. 27 of '1991 (Amending Chapter 5.08 Regarding Burglary and Robbery Alarm Systems) AN ORDINANCE REPEALING SECTIONS 5.08.010, 5.08.040, 5.08.050, 5.08.060, 5.08.080, 5.08.090, 5.08.100, 5.08.110, 5.08.120, 5.08.130, 5.08.140 and 5.08.150; AND ENACTING NEW SECTIONS 5.08.045, 5.08.065, 5.08.075, 5.08.085, 5.08.095, 5.08.105 AND 5.08.115, AND AMENDING SECTIONS 5.08.020, 5.08.030, 5.08.070, 5.08.160, 5.08.170, 5.08.210 AND 5.08.220 OF CHAPTER 5.08, SALT LAKE CITY CODE, PERTAINING TO BURGLARY AND ROBBERY ALARM SYSTEMS. Sections: 5.08.020 Definitions. 5.08.030 Applicability of Provisions. 5.08.045 Registration Required to Operate Intrusion and Physical Duress Alarm System Business. 5.08.065 Alarm User Permits. 5.08.070 5.08.075 5.08.085 5.08.095 5.08.105 5.08.115 5.08.160 5.08.170 5.08.180 Employees and Installers -Identification Card. Alarm Information. User Instructions. False Alarms. Inter -Agency Communications. Deliberate False Alarms. Local Alarm System -Cutoff Required When. Police Call Records. * * * 5.08.190 5.08.200 5.08.210 5.08.220 * * * City Liability Limitations. Violation -Penalty. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That sections 5.08.010, 5.08.040, 5.08.050, 5.08.060, 5.08.080, 5.08.090, 5.08.100, 5.08.110, 5.08.120, 5.08.130, 5.08.140, and 5.08.150, Salt Lake City Code, be and the same hereby are, repealed. Section 2. Section 5.08.020, Salt Lake City Code, regarding definitions be, and the same hereby is, amended to read as follows: 5.08.020 Definitions. A. "Alarm business" shall mean any persons engaged in the business of installing, planning the installation, assisting in planning the installation, servicing, maintaining, monitoring, repairing, replacing, moving, or removing alarm systems in the City. B. "Alarm Coordinator" means the individual designated by the Chief of Police to issue permits and enforce the provisions of this ordinance. C. * * * D. "Alarm User" means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained. E. "Answering service" means a telephone answering service providing among it services the receiving on a continuous basis through trained employees of emergency signals from alarm systems and the subsequent relaying of such messages by a live voice to the police department. F. * G. * * * * * K. "False alarm" means the activation of an alarm system which results in a response by the police department where an emergency does not exist. It includes an alarm signal caused by conditions of nature which are normal for that area and subject to control by the alarm business operator or alarm user. "False alarm" does not include an alarm signal caused by extraordinarily violent conditions of nature not reasonably subject to control. L. "Intrusion Alarm System" means an alarm system signaling an entry or attempted entry into the area protected by the system. M. "Local Alarm" means any noise -making alarm device. N. * * * 0. "Permittee" means the person to whom an alarm user permit is issued. P. * * * Q. "Physical Duress System" means an alarm system signaling a robbery or other physical endangerment. R. * * * SECTION 3. Section 5.08.030, Salt Lake City Code, regarding applicability of provisions be, and the same hereby is, amended to read as follows: 5.08.030 Applicability of provisions. The provision of this chapter shall apply to all alarm businesses, employees and alarm systems which are installed, connected, operated or maintained on or prior to the date on which the ordinance codified in this chapter became effective, and subsequent thereto. SECTION 4. A new Section 5.08.045, Salt Lake City Code, regarding registration of alarm system businesses be, and the same hereby is, enacted to read as follows: 5.08.045 Registration Required to Operate Intrusion and Physical Duress Alarm System Business. It shall be unlawful for any person, partnership, corporation or association to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving or removing, or causing to be sold, leased, installed, serviced, maintained, repaired, replaced, moved or removed in or on any building or other property within Salt Lake City any device known as an intrusion, or physical duress alarm system, or automatic dialing device connected to an answering service, unless there exists a valid security certificate therefor, granted and subsisting in compliance with the provisions of the Utah Burglar Alarm Certification Act, Sections 13-18-1 et. seq. Utah Code Annotated 1953, as amended, and the name, address and certificate number or I.D. card number registered with the Chief of Police. There shall be no fee for registration under this Section. SECTION 5. A new Section 5.08.065 pertaining to alarm user permits be, and the same hereby is, enacted to read as follows: SECTION 5.08.065 Alarm User Permits. A. Every alarm user shall have in his/her possession an alarm user permit issued by the Chief of Police at no charge. Said permit shall be issued upon filing by the user with the Police Department a completed alarm information card as provided by Section 5.08.075 or its successor. B. It shall be unlawful to report to the Police Department or other emergency service agency any alarm system that has no use permit. This shall not apply to the reporting of the sounding of a local alarm. SECTION 6. Section 5.08.070, Salt Lake City Code, pertaining to employees and installers be, and the same hereby is, amended to read as follows: 5.08.070 Employees and installers- Identification card. It is unlawful for any person to engage directly in the installing, servicing, maintaining, repairing, moving or removing, in or on any building or other property within the city, any burglar, robbery or other emergency alarm system, or monitoring and relaying calls for such system, unless such person shall have in his possession a valid identification card issued by the state pursuant to Section 13-18-14, Utah Code Annotated, or successor sections. SECTION 7. A new Section 5.08.075, Salt Lake City Code, pertaining to alarm information be, and the same hereby is, enacted to read as follows: 5.08.075 Alarm Information. A. An alarm information card shall be completed and submitted to the Police Department Alarm Coordinator by the user of any alarm system prior to the operation of the system. B. This card shall set forth the full name, address and telephone number of both the owner or lessee on whose premises the system will be installed, operated, connected or maintained, and the name of the person or licensed alarm system business installing, maintaining, or servicing the system, as well as the type of system to be installed, operated or maintained. The card shall further contain the names, addresses and telephone numbers of three individuals who may be contacted by peace officers responding to an alarm. The persons listed shall have authority to act for the alarm user in granting peace officers access to any portion of the premises concerned and shall be knowledgeable in the basic operation of the alarm system. The alarm input card shall contain such additional information as the Chief of Police shall reasonably deem necessary to properly identify and locate the user, the alarm business installing, servicing or maintaining the alarm system, and the persons to be contacted in the event of the filing of an alarm report. C. A service fee may be assessed upon a user when the peace officers responding to an alarm are unable to contact any of the listed parties due to outdated or inaccurate information provided by the user; or if none of the listed parties are available; or if the listed parties fail to respond to the scene within thirty (30) minutes of notice. The service fee shall be determined by treating any such failure by a user as if it were a false alarm, as provided in Section 5.08.095B or its successor section, and may be considered as an additional false alarm for the purpose of computing fees. D. In addition to submitting the alarm information card, users of local alarm systems shall post, near the alarm and at a position readable from ground level, a code number furnished by the alarm coordinator to allow reference to the alarm information card required by this section. SECTION 8. A new Section 5.08.085, Salt Lake City Code, pertaining to user instructions be, and the same hereby is, enacted to read as follows: 5.08.085. User Instructions. Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in the area subject to this ordinance shall furnish the user with written instructions that provide information to enable the user to operate the alarm system properly. SECTION 9. A new Section 5.08.095, Salt Lake City Code, pertaining to false alarms be, and the same hereby is, enacted to read as follows: 5.08.095. False Alarms. A. Any alarm user which has more than seven false alarms within a calendar year shall be subject to revocation and shall be guilty of a misdemeanor. Revocation of a user permit shall be in accordance with the license revocation provisions specified in Chapter 5.02, Salt Lake City Code, or its successor chapter. B. A service fee is hereby imposed for false alarms on a physical duress or intrusion alarm system to which peace officers respond. The fee is assessed on the user of the alarm system for each false alarm after THREE false alarms in any calendar month or after SEVEN false alarms in any calendar year, whichever comes first. The amount of the fee is fifteen dollars ($15.00) for each responding officer. SECTION 10. A new Section 5.08.105, Salt Lake City Code, pertaining to Inter -Agency Communications be, and the same hereby is, enacted to read as follows: 5.08.105. Inter -Agency Communications. All central stations or other answering services shall provide the Police Department's dispatch, at the time of filing the alarm report, with a toll -free telephone number for contacting the central station dispatchers and for obtaining the information required under Section 5.08.170, or its successor. SECTION 11. A new Section 5.08.115, Salt Lake City Code, pertaining to deliberate false alarms be, and the same hereby is, enacted to read as follows: 5.08.115. Deliberate False Alarms. No person shall cause to be transmitted any intrusion or physical duress alarm knowing the same to be false or without basis in fact. Central stations shall not request law enforcement officers to respond to alarm scenes when monitoring equipment indicates an alarm system malfunction signal. -8- SECTION 12. Section 5.08.160, Salt Lake City Code, pertaining to local alarm systems be, and the same hereby is, amended to read as follows: 5.08.160. Local Alarm System -Cutoff Required When. Burglary, robbery or other emergency alarm systems which use a local audible or visual alarm device to attract the attention of the public shall be equipped with an automatic cutoff device which will terminate the audible or visual alarm within thirty minutes. SECTION 13. Section 5.08.170, regarding police all records be, and the same hereby is, amended to read as follows: 5.08.170. Police Call Records. Alarm businesses who request police response to alarm signals shall maintain a record of all police calls, stating the time, date, location of the alarm, and the name, address and phone number of the alarm user. The records shall indicate the cause of the alarm, if known. This record shall be current and shall be made available to the Chief of Police or his designated representative at any time during normal business hours. SECTION 14. Section 5.08.210, Salt Lake City Code, pertaining to City liability limitations be, and the same hereby is, amended to read as follows: 5.08.210 City Liability Limitations. The City shall not be liable for any defects in operation of burglar or robbery alarm systems, for any failure or neglect to respond appropriately upon the receipt of an alarm nor for the failure or neglect of any person registered or issued a permit pursuant to this chapter in connection with the installation, operation or maintenance of the equipment necessary to or incident to the operation of such systems. In the event the City finds it necessary to order the system disconnected, the City shall inure no liability for such action. SECTION 15. Section 5.08.220, Salt Lake City Code, regarding Violation and Penalty be, and the same hereby is, amended to read as follows: SECTION 5.08.220 Violation -Penalty. A. * * * B. All service fees assessed under this chapter are due and payable on the date written notice of any fee due is issued by the Treasurer. If any service fee is not paid within thirty (30) days of the due date, a penalty of ten dollars shall be added to each fifteen dollar service fee so unpaid. If any service fee is not paid within sixty (60) days of the due date, an additional penalty of ten dollars shall be added to each fifteen dollar service fee so unpaid, for a total penalty of twenty dollars. If any service fee in not paid within ninety (90) days of the due date, an additional penalty of ten dollars shall be added to each fifteen dollar service fee so unpaid, for a total penalty of thirty dollars. If any service fee is not paid within one hundred twenty (120) days of the due date together with all applicable penalties, the City may use such lawful means as are available to collect such fee, including all penalties, costs and attorneys fees. SECTION 16. This ordinance shall become effective upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 7 day of May ATTEST: elw ALk�,• : ER Transmi ted to the Mayor on May 7, 1991 C I7.tX REC ► 1991• CHAIRPERSON Mayor's Action: x Approved ATTEST: CT R RDER L\TS:ap 1/23/91 PUBLISHED: May 15,1991 Vetoed