HomeMy WebLinkAbout9423-03 Amend Chapter 4 and Chapter 12 to regulate and license the use of Alarm systemsORDINANCE No. 03
Passed by the Common Council of the City of Sout/i Bend, Indiana
May 27,
Attest:
Attest:
20 03
Presented by me to the Mayor of the City of South Bend, Indiana
May 28,
20
03
City Clerk
President of Common Corrncil
City Clerk
Approved and signed by me May 28' 20 03
~~o~ ~~~
Mayor
Ordinance No. _ -\ `t Z3 -~3
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND
MUNICIPAL CODE BY CHANGES TO CHAPTER 4, AND CHAPTER 12 TO
REGULATE AND LICENSE THE USE OF ALARM SYSTEMS
STATEMENT OF PURPOSE AND INTENT
The South Bend Police Department and the South Bend Fire Department respond to
alarms installed in private residences and businesses throughout the City of South Bend. These
alarms are designed to alert the property owners and securty forces to the existence of an
emergency.
In the year 2000, there were 9,247 reported false alarms, of which 4,593 were reported
for various businesses, and 4,654 were reported for residences. The number of false alarms is
increasing to unacceptable levels, with 138,705 hours of down time in 2000, for our public
safety personnel. As a result of these false alarms, an increased economic burden falls on the
City's Fire and Police Departments. False alarms place our law enforcement officers and fire
fighters in increased danger of traffic accidents in rapidly responding to such alarms.
The Community Oriented Policing Leadership Council of South Bend has spent
countless hours in research, discussion and meetings m developing a new program to address the
growing problems posed by false alarms in our community. They have worked closely with the
Police and Fire Departments and have been instrumental in furthering the interest of public
safety through their recommendations.
The South Bend Common Council finds that it is in the best interest of the public health,
safety and welfare of the City to require licenses for alarm agents to operate in the City, and to
modify standards for maintaining alarm systems.
The intent of this ordinance is to regulate the activities of those who own, install,
maintain, rent, lease, or monitor alarm systems, devices or services. This ordinance is further
intended to improve the reliability of those systems, devices and services, and to help ensure that
Police Department and Fire Department personnel will not be unduly diverted from responding
to actual criminal activity, firefighting duties and other public service as a result of responding
to false alarms.
Now, therefore, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Chapter 4, Article 3, Section 4-17(d) of the South Bend Municipal Code shall be,
and hereby is, amended to read as follows:
Sec. 4-17 Businesses requiring a license.
(d)
Regulated business:
Adult business.
Alarm agent.
Arborist, tree service.
Carnivals and circuses.
Automotive repair and service centers.
Food vending vehicles.
Hotels, motels.
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dealers.
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Laundries, laundries (self-service), self-service dry cleaners.
Massage parlors.
Massage technicians.
Open air stands.
Peddlers and canvassers.
Outdoor motion picture theaters.
Paraphernalia (drug related).
Pool halls.
Precious metals.
Public parking facilities.
Recycling drop off centers.
Restaurants.
Restaurants with live entertainment, music (Class A and
B cabarets).
Rubbish and garbage removal.
Scrap metal dealers, transfer stations, recycling operations, junk
Secondhand dealers.
Solicitations, charitable.
Taxicab companies, vehicles and drivers.
Transient merchants.
Vehicle removal service.
SECTION II. Chapter 4, Article 4, Section 4-18.7 of the South Bend Municipal Code shall be,
and hereby is, added to read as follows:
Sec. 4-18.7 Alarm System Licenses.
alarm agent.
issued by the Controller. except at provided by subsection (blf 51.
An application for a license must be made on a form provided bathe
SECTION III. Chapter 4, Article 4, Section 4-64 of the South Bend Municipal Code shall be,
and hereby is, amended to add a provision for licensing fees for Alarm Agents, which will read
as follows:
Sec. 4-64 Chart of Licensing fees.
Regulated Code
Activity Section Fee
Alarm Agent 4-18.7 75.00
SECTION IV. Chapter 12, Section 12-1 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
~ Alarm Agent means andperson or entity, whether an individual,l
Alarm System means any mechanism, equipment or devise which is designed or
used for the detection of an unauthorized entry into a building, structure, 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 activate , '
larm 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.
(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
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The applicant must be qualified according to the provisions of this section
and Chapter 12.
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.
fie,) Kewholder means a natural~erson authorized by the alarm user to have and use a
Offrcer means a member of the south Bend Police Department or the South Bend
SECTION V. Chapter 12, Section 12-2 of the South Bend Municipal Code shall be, and hereby
is, amended to read as follows:
Sec. 12-2 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. If the officer cannot inspect the area~rotected by the alarm system because of a
(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
(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.
No provision in this chapter shall interfere with an officer's ability to respond to
an emergency or crime.
~ The Police and Fire Departments shall maintain records of all false alarms to
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SECTION VI. Chapter 12, Section 12-2.1 of the South Bend Municipal Code shall be, and
hereby is, added to read as follows:
Sec.12-2.1 Alarm Agent Duties.
emer eg ncv.
~ Alarm a.~ents shall terminate the activated alarm with ffteen (15) minutes of
contactine the Police or Fire Devartment, unless additional time. is required by~olice or
fire personnel.
,(g~ Alarm agents shall maintain valid Alarm Aaent Licenses accordin tg_o this
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installed alarm systems.
~ Alarm agents shall respond to alarm activations by immediately contacting the
floor number:
the unit number or name:
the room number or name:
(7) if a business, anv possible name changes or vacancy; and
anv other information reasonablyneeded to quickly locate the
section and Chapter 4.
SECTION VII. Chapter 12, Section 12-2.2 of the South Bend Municipal Code shall be,
and hereby is, added to read as follows:
Sec.12-2.2 Alarm User Duties.
(al Alarm users shall maintain their alarm sites and systems in such as manner as to
SECTION VIII. Chapter 12, Section 12-3 of the South Bend Municipal Code shall be, and
hereby is, amended to read as follows:
Sec. 12-3 False alarm fines -fees; ex~eelrtieir.
(a) Whenever an alarm user issues, causes to be issued, or permits the issuance of a
false alarm, this section shall apply unless the alarm user is apolitical subdivision as
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~(b) The Police and Fire Departments shall maintain appropriate records of all false
alarms to which each department responds. After a department responds to three (3)
false alarms at a location on or after January 1 and before December 31 of any calendar
year the department which responded to the scene of an unlawful false alarm shall
charge impose on and collect from the alarm user a ttser~fee fine for each that unlawful
false alarm ~ _ _ _
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section and Chapter 4.
~ Alarm users shall have current sianage on their premises to indicate which alarm
the-respense.
False alarm fines shall be in the amount of one hundre ddolla~s ($ X00 001 foa the
SECTION IX. Chapter 12, Section 12-3. S of the South Bend Municipal Code shall be, and
hereby is, added to read as follows:
Sec.12-3.5 False alarm user fees.
Whenever an alarm user that is apolitical subdivision as defined by LC. 36-1-2-
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SECTION X. Chapter 12, Section 12-6 of the South Bend Municipal Code shall be, and hereby
is, amended to read as follows:
Sec. 12-6 Penalties.
(a) Any person alarm agent who fails to comply with any of the provisions of this
cha ter , shall be fined one
hundred dollars ($100.00) for the first violation,..paxable to the Ordinance Violations
Bureau_ and two hundred dollars ($200.00) for each violation thereafter. Each day that a
violation is permitted to exist shall constitute a separate offense.
(b) Any alarm system installed, operated, or maintained in violation of this chapter is
hereby declared to be a nuisance and maybe abated in the same manner as nuisances are
now or may hereafter be abated under existing law.
(c) The remedies provided for herein shall be cumulative and not exclusive and shall
be in addition to any other remedies provided by law ~ncludin>? remedies provided in
Chapter 4 of the South Bend Municipal Code.
SECTION XI. This ordinance shall be in full force and effect from January 1, 2004 and after its
passage by the Common Council, and approval by the Mayor, and publication as required by
law.
C~ ~ ~iyt
Member of the Common ouncil
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as fines collected under Section 12-3.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
31-03 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL
CODE BY CHANGES TO CHAPTER 4, AND CHAPTER 12 TO
REGULATE AND LICENSE THE USE 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 a 3~d
substitute.
Karl King
Chairman