HomeMy WebLinkAboutOrdinances 18-09-376 - 09/24/2018 - Alarm SystemsSTATE OF GEORGIA
COUNTY OF FULTON
M H 1 : 0 B]M-016mr-M MY11,
AN ORDINANCE TO REVISE AND UPDATE REGULATIONS AND RESTRICTIONS
RELATED TO MONITORED ALARM SYSTEMS, AND FOR RELATED PURPOSES
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 24th day of September, 2018 at 6:00 p.m., as follows:
WHEREAS, pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to
provide for the general health, safety, and welfare; and,
WHEREAS, the City desires to update the regulations and restrictions applicable to the
use of Monitored Alarm Systems;
NOW THEREFORE, Chapter 18, Article IV "Monitored Alarm Systems "and Chapter 18
of Appendix A of The Code of the City of Milton, Georgia, is hereby amended by
incorporating the insertions and deletions shown in the document attached hereto and
incorporated herein by reference as Exhibit A.
ORDAINED this 24th day of September, 2018.
Attest:
�?WI74104-
Sudie Gordon, City C rk
Approved:
Joe Lockwoo ayor
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F.XHTHTT A
MILTON FALSE ALARM ORDINACE REVISION
September 2018
ARTICLE IV. - MONITORED ALARM SYSTEMS
DIVISION 1. - GENERALLY
Sec. 18-68. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alarm company means a person, company, firm, or corporation subject to the licensing
requirements, and engaged in selling, leasing, installing, servicing or monitoring alarm
systems; this person shall be licensed in compliance with city and state laws.
Alarm permit means a permit issued to an alarm user by the City allowing the operation
of an alarm system within the City.
Alarm signal means a detectable signal; audible or visual, generated by an alarm
system, to which law enforcement is requested to respond.
Alarm system means any single device or assembly of equipment designed to signal
the occurrence of an illegal or unauthorized entry or other activity to which law
enforcement is requested to respond. This article does not include any alarm system
installed on a motor vehicle, boat alarms, fire alarms, domestic violence alarms, or
alarms designed to elicit a medical emergency.
Alarm user means any person, corporation, partnership, proprietorship, governmental or
educational entity or any other entity owning, leasing, or operating an alarm system, or
on whose premises an alarm system is maintained for the protection of such premises.
Alarm User Awareness Class means a class conducted for the purpose of educating
alarm users about the responsible use, operation, and maintenance of alarm systems
and the problems created by false alarms.
Cancellation means termination of response by the Police Department when the alarm
company notifies the Police Department that there is not an existing situation at the
alarm site requiring police response after an alarm dispatch request. If cancellation
occurs prior to police arriving at the scene, this is not a false alarm for the purpose of
civil penalty, and no penalty will be assessed.
City means the City of Milton or its agent.
_ Compliance Standards means equipment and installation methods shall comply with all
appropriate nationally recognized testing laboratories and American National
Standards Institute (ANSI) requirements
False alarm means the activation of an alarm system when, upon inspection by the
Police Department, there is no evidence of unauthorized entry, robbery, or other such
crime attempted in or on the premises which would have activated a properly
functioning alarm system. Notwithstanding the foregoing, a false alarm does not
include an alarm which can reasonably be determined to have been caused or
activated by unusually violent conditions of nature.
Permit year means a 12 -month period beginning on the day and month on which an
alarm permit is issued.
Runaway alarm means an alarm system that produces repeated alarm signals that do
not appear to be caused by separate human action. The Police Department may in its
discretion discontinue police responses to alarm signals from what appears to be a
runaway alarm.
Verify means an attempt by the alarm system monitoring company to contact the
alarm site and/or alarm user by telephone and/or other means, whether or not actual
contact with a person is made, to determine whether an alarm signal is valid before
requesting law enforcement response. A second call shall be made to an alternate
number provided by the alarm user if the first attempt fails.
(Ord. No. 06-11-16, § 1 (ch. 12, art. 2, § 1), 1 1-21-2006; Ord. No. 07-04-23, § 1 (ch. 12, art. 2,
§ 1), 4-19-2007; Ord. No. 16-05-276, §§ 1-5, 5-16-2016)
Sec. 18-69. - Penalty.
(a) Excessive false alarms/Failure to register. It is hereby found and determined that
three or more false alarms within a permit year is excessive, constitutes a public
nuisance, and shall be unlawful. Civil penalties for false alarms within a permit year may
be assessed against an alarm user as follows:
Third false alarm ....................... $50.00
Fourth false alarm ...................... $100.00
Fifth and over false alarm ............$150.00
Failure to Register .......................$100.00
_ provided, however, that no alarm user shall be assessed fines in excess of $600.00
for false alarms that occur at the same premises in any 24-hour period.
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(b) Other Civil Penalty res). Except as provided in Section 18-69(a), all other violations
of this article will be enforced through the assessment of civil penalty(ies) in the amount
of $100.00 per violation.
(c) Payment of Civil Penalty res). Civil penalty(ies) shall be paid within (30) days from
the date of the invoice.
(d) Discontinuance of lamp enforcement response. The failure of an alarm user to
make payment of any civil penalty(ies) assessed under this ordinance within 30 days
from the date of the invoice shall result in discontinuance of law enforcement response
to alarm signals that may occur at the premises described in the alarm user's permit
until payment is received. In addition, failure to register and obtain a permit may result
in no law enforcement response to an unregistered alarm. However, response by law
enforcement shall continue in the normal course in response to 911 calls to the
emergency communications center, or upon verification by the alarm contractor or
user that an alarm was set off as a result of criminal activity. Normal alarm responses will
be restored under the following circumstances:
(1) Upon the filing of an appeal as provided in this ordinance; or
(2) Upon the City's receipt of full payment from the alarm user who is sixty (60) or
more days delinquent on payment of any civil penalties.
(e) Civil Non -criminal violation. A violation of any of the provisions of this ordinance
shall be a civil violation and shall not constitute a misdemeanor or infraction.
(f) Alarm User Awareness Class. The City may establish an Alarm User Awareness Class
and may request the assistance of the area alarm companies to assist in developing
and conducting the class. The class shall inform alarm users of the problems created by
false alarms and instruct alarm users how to help reduce false alarms. The City may
grant the option of attending a class in lieu of paying one assessed fine, not to exceed
$100.
(Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 7), 11-21-2006; Ord. No. 07-04-23, § l (ch. 12, art. 2,
§ 7), 4-19-2007)
The council finds that response to false alarms creates additional risks to public safety
by diverting limited public safety resources away from both real emergencies and
normal patrol activities intended and designed to prevent criminal acts. Therefore, the
purpose of this article is to promote public safety by making monitored alarm users in
the city directly responsible for preventing false alarms.
(Ord. No. 06-11-16, § 1 (ch. 12, art. 2, § 2), 11-21-2006; Ord. No. 07-04-23, § 1 (ch. 12, art. 2,
§ 2), 4-19-2007)
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Secs. 18-71-18-89. - Reserved.
DIVISION 2. - REGULATIONS
Sec. 18-90. - Registration.
Alarm Permit:
(a) Permit required. No person shall use an alarm system without first obtaining a
permit for such alarm system from the City. A fee may be required for the initial
registration. Each alarm permit shall be assigned a unique permit number, and the
alarm user shall provide the permit number to the alarm company to facilitate law
enforcement dispatch.
(b) Application. The alarm permit shall be requested on an application form provided
by the City. An alarm user has the duty to obtain an application from the City.
(c) Transfer of possession. Alarm permits are not transferable. Within 30 days of
obtaining possession of the property, at which an alarm system is maintained, the
person (alarm user) obtaining possession of the property shall file a new application for
an alarm permit
(d) Reporting updated information. Whenever the information provided on the alarm
permit application changes, the alarm user shall provide correct information to the City
within 30 days of the change. In addition, each year after the issuance of the permit,
permit holders will receive from the City a form requesting updated information. The
permit holder shall complete and return this form to the City whether or not any of the
requested information has changed. A failure to comply with this subsection will
constitute a violation of this article and may result in a civil penalty.
(e) Multiple alarm systems. If an alarm user has one or more alarm systems protecting
two or more separate structures having different addresses and/or tenants, a separate
permit shall be required for each structure and/or tenant.
Duties of Alarm User.
(a) Maintain the premises and the alarm system in a method that will reduce or
eliminate false alarms; and
(b) Provide the alarm company the permit number, (the number must be provided to
the communications center by the alarm company to facilitate dispatch).
(c) Respond or cause a representative to respond to the alarm system's location within
a reasonable amount of time, as determined by the Milton Police Department.
(d) Not manually activate an alarm for any reason other than an occurrence of an
event that the alarm system was intended to report.
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(e) An alarm user must obtain a new permit and pay any associated fees if there is a
change in address or ownership of the location of the alarm -system.
Duties of Alarm Monitoring Company:
(a) Any person/business engaged in providing alarm monitoring services in the City shall
comply with the following:
1) Obtain and maintain the required state, county and/or city license(s) and or
permits.
2) Provide the name, address, and telephone numbers of the alarm company
license holder or a designee who can be called in an emergency, 24 hours a day;
and be able to respond to an alarm call, when notified, within a reasonable
amount of time.
3) Be able to provide the most current contact information for the alarm user; and
to contact a key holder for a response, if requested.
(b) Prior to activation of the alarm system, the alarm company must provide instructions
explaining the proper operation of the alarm system to the alarm user.
(c) Provide written information to the alarm user on how to obtain service from the
alarm company for the alarm system.
(d) An alarm company performing monitoring services shall:
1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to
determine whether an alarm signal is valid before requesting dispatch.
Telephone verification shall require, as a minimum that a second call also be
made to a different number, if the first attempt fails to reach an alarm user
who can properly identify themselves to attempt to determine whether an
alarm signal is valid, EXCEPT in the case of a panic or robbery -in -progress
alarm, or in cases where a crime -in -progress has been verified by video
and/or audible means.
a. The failure of an alarm company, or any person or entity providing
similar monitoring services, to attempt to verify the alarm signal will not
negate the alarm user's responsibility for violations of the article and
any civil penalties associated therewith.
2) Provide alarm user registration number to the communications center to
facilitate dispatch and/or cancellations.
3) Communicate any available information about the location of the alarm to
the communications center.
4) Communicate a cancellation to the law enforcement communications center
as soon as possible following a determination that response is unnecessary.
(Ord. No. 06-11-16, § 1 (ch. 12, art. 2, § 3), 11-21-2006; Ord. No. 07-04-23, § 1 (ch. 12, art. 2,
§ 3), 4-19-2007)
Sec. 18-91. - Prohibited Acts (or Violations)
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No alarm system installed after the effective date of the ordinance from which this
article is derived shall be used unless such system is equipped with a mechanism or
device that automatically deactivates the alarm system signal no later than 15minutes
after activation.
It shall be a violation of this article to activate an alarm system for the purpose of
summoning law enforcement when no burglary, robbery, or other crime dangerous to
life or property is being committed or attempted on the premises, or otherwise to cause
a false alarm.
(Ord. No. 06-11-16, § 1 (ch. 12, art. 2, § 4), 11-21-2006; Ord. No. 07-04-23, § 1 (ch. 12, art. 2,
§ 4), 4-19-2007)
Sec. 18-92. - Monitoring and enforcement; False Alarm Notice.
The police department shall be responsible for the enforcement of this article. This
article shall be enforced by the issuance of a false alarm notice.
Appeals:
(a) Appeals process. Assessments of civil penalty (ies) and other enforcement
decisions made under this ordinance may be appealed by filing a written notice of
appeal with the Milton Police Department within 30 days after the date of notification
of the assessment of civil penalty (ies) or other enforcement decision. The failure to file
notice of appeal within this period shall constitute a waiver of the right to contest the
assessment of penalty (ies) or other enforcement decision. Appeals shall be heard
through an administrative process established by the City. The hearing officer's decision
is subject to review in the district court by proceedings in the nature of certiorari.
(b) Appeal standard. The hearing officer shall review an appeal from the assessment
of civil penalty (ies) or other enforcement decisions using a preponderance of the
evidence standard. Notwithstanding a determination that the preponderance of the
evidence supports the assessment of civil penalty(ies) or other enforcement decision,
the hearing officer shall have the discretion to dismiss or reduce civil penalty(ies) or
reverse any other enforcement decision where upon a finding of good cause or
extenuating circumstances.
Government Immunity:
Alarm registration is not intended to, nor will it, create a contract, duty or obligation,
either expressed or implied, of response. All liability and consequential damage
resulting from the failure to respond to a notification is hereby disclaimed and
governmental immunity as provided by law is retained. By applying for an alarm
permit, the alarm user acknowledges that the Milton Police Department response may
be influenced by factors such as: the availability of police units, priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels and prior response
history.
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Confidentiality:
In the interest of public safety, all information contained in and gathered through the
alarm registration applications, no response records, applications for appeals and any
other alarm records shall be held in confidence by all employees and/or
representatives of the City, subject to and in compliance with the applicable state law,
including, but not limited to, the provisions of O.C.G.A 50-18-70 et seq.
(Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 5), 11-21-2006; Ord. No. 07-04-23, § 1 (ch. 12, art. 2,
§ 5), 4-19-2007; Ord. No. 16-05-276, §§ 1-5, 5-16-2016)
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