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Home My WebLink About9482-04 Amend Chapter 12 - Enhance Regulation of Alarm SystemORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana January 12, Attest: Attest: JOHN VO 20 04 Presented by me to the Mayor of the City of South Bend, Indiana January 13, 04 20 _ City Clerk President of Common Council City Clerk JOHN VOOY~DE Approved and signed by me January 14 20 04 ~ ~~- Mayes Ordinance No. Z AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 12 OF THE SOUTH BEND MUNICIPAL CODE TO ENHANCE REGULATION OF ALARM SYSTEMS STATEMENT OF PURPOSE AND INTENT The South Bend Police Department has determined that certain amendments to the existing ordinances regulating alarm systems should be made in order to clarify the persons subject to the ordinance and the persons authorized to enter onto property upon the activation of an alarm. The South Bend Common Council finds that the amendments requested by the South Bend Police Department would serve the best interest of the public health, safety and welfare of the residents of the City. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 12, Section 12-1, subsection (a) of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 12-1 Definitions. The following terms, when used in this chapter, shall have the following meanings: ~~a,) Alarm Agent means any person or entity, whether an individual, partnership or corporation, who conducts a business of monitoring alarm systems and whose actions would involve contactingthe South Bend Police Department or South Bend Fire Department for a response. fzj~ Alarm System means any mechanism, equipment or devise which is designed or used for the detection of an unauthorized entry into a building, structwe, facility or enclosed area or for alerting others to the commission of an unlawful act or a fire within a building, structure facility or enclosed area, or both, and which emits a sound or transmits a signal or message when activated. (~j~c~ Alarm User means any natural person, firm, association, partnership, limited partnership, sole proprietorship or corporation, which is in control of any building, structure, or facility wherein an alarm system is installed, operated or maintained. ~j(d) False Alarm means the activation of an alarm system eliciting a response by the police or fire department which is not in response to actual or threatened danger to persons or damage to property. "False alarm" also means the activation of an alarm system through mechanical failure, malfunction, improper installation, or maintenance, or negligence of the alarm user or his employees or agents; but it does not include alarm activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by an alarm user or alarm agent. (Sj~ 1~eyhodder means a natural person authorized by the alarm user to have and use a key to access the property where the alarm system is installed and possessing the ability to silence or deactivate the activated alarm system. f fr)~ Officer means a member of the South Bend Police Department or the South Bend Fire Department. SECTION II. Chapter 12, Section 12-2 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 12-Z Response to alarm; determination of validity. (a) Whenever an alarm system is activated in the City of South Bend which results in an emergency response to the premises by the Police or Fire Department, the officer on the scene of the activated alarm system shall inspect the area protected by the system and shall attempt to determine whether the emergency response was required or was a false alarm. ~ It shall constitute a false alarm if the officer cannot inspect the area protected by the alarm system because of a fence or other obstruction, failure-ef and the keyholder fails to arrive at the premises within fifteen (15) minutes of the officer's arrival~ha}} (b) If the officer at the scene of the activated alarm system determines the alarm to be false, the officer shall make a report of the false alarm, notice of which shall be sent to the alarm user at the address of the premises, or at the known address of the alarm user, if different from the premises address. If a false alarm requires the arrival of officers from both Police and Fire Departments, the officers shall make reports of the false alarm to both respective departments. The officer shall remain at the location of the alarm for a maximum of fifteen (15) minutes or until a keyholder or agent arrives at the premises or contacts the Department, except as provided in (d). (c) The Police Chief or Fire Chief, or his designee, shall have the right to inspect the premises to which a response has been made and may cause such inspection to be made at any reasonable time after the occurrence of a false alarm. (d) No provision in this chapter shall interfere with an officer's ability to respond to an emergency or crime. (e) The Police and Fire Departments shall maintain records of all false alarms to which each department responds, and shall send notice of the first false alarms to the user, so as to provide notice of the potential imposition of a fine or a service fee as provided in this chapter. The responding department is to note the name and telephone number of the alarm agent on the false alarm notice. > , 2 SECTION III. Chapter 12, Section 12-4 of the South Bend Municipal Code shall be, and hereby is, added to read as follows: Sec. 12-4 Automatic telephone dialing systems prohibited. (a) It shall be unlawful for any person to sell, offer for sale, install, maintain, lease, operate, or assist in the operation of an automatic telephone dialing alarm system over any telephone lines exclusively used by the public direetly to request emergency service directly from the South Bend Police Department or the South Bend Fire Department automatically dialing either department. (b) The South Bend Police Chief or the South Bend Fire Chief, or their designees, upon receiving knowledge of an automatic telephone dialing system installed or operated in violation of this section, shall issue a written order in- vriting to the owner, operator or lessee directing him or her to disconnect and cease operation of the system within seventy-two (72) hours of receipt of the order. (c) Any automatic telephone dialing system installed prior to the effective date of this section shall be removed within thirty days of the effective date of this section. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as r wired by law. Me ber of the o mon Council 1st BEADING ~ 2-'g` 03 r^i1u~lC HEARiNG,~1Z-f,~~ 0.S Su~bS~"~~~ 3 rd READ{NG '_~Z.--tJ'~~ G4.S .~ t.1.~5~,;.~ ~~~:~. NOT APPROVED REFERRED `` PASSED ~_. ~~'~~ Q, S S lib y ~-~-~-~'s-~ 3 ~~~~~ ~ '~ Z0~4 :!'Vi`i ~ee.r:Eii"',e :'f.~. i',:.ft:T'a fn#.a TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BELL NO. 102-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 12 OF THE SOUTH BEND MUNICIPAL CODE TO ENHANCE REGULATION OF ALARM SYSTEMS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Sean Coleman Chairman 701 W. SAMPLE STREET SOUTH BEND, INDIANA 46601-2890 PHONE 574/ 235-9311 FAx 574/288-0268 TDD 574/ 235-5567 CrrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND POLICE DEPARTMENT THOMAS H. FAtrrZ, CHIEF OF POLICE Ms. Karen White South Bend Common Council 4th Floor, County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 RE: Substitute Bill No. 102-03 Dear Ms. White: December 12, 2003 On behalf of the South Bend Police Department, I am submitting Substitute Bill No. for the ordinance to amend Chapter 12 of the South Bend Municipal Code. This bill changes the definition of an alarm agent. An alarm agent is only meant to be a person or entity in the business of monitoring alarm systems and placing calls to the Police Department or Fire Department for a response. This bill will be presented by South Bend Police Lt. Richard Powers, who will be available to address any questions of the Health and Public Safety Committee. The Police Department requests your favorable consideration of this bill. Please feel free to contact Lt. Powers at 235-9402 should you have any questions or concerns. Sincerely, 1,~~+,.t-a /mil ~~~~`~~- Thomas H. Fautz Chief of Police cc: Mr. R. Ollett Mr. C. Clark Chief L. Taylor A-C. Nash Lt. R. Powers Ms. A. DeRose .a:~.. -4;~~~ p ~ 2i ~6 [_..__. __ - _ __ .__..~zs jAMFS G. HASSIG EUGENE KYLE GARYA. HORVATH RICHARD R. KILGORE ~}~/ UNIFORM DMSION CHIEF INVESTIGATIVE DMSION CHIEF CoMML1NITY RELATIONS DMSION CHIEF SERVICES DMSION CHIEF 235-9313 235-9263 235-5940 235-9314 T