Ordinance 1712

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:
SECTION 1. Chapter 5A “Emergencies” of the Goodland Municipal Code is hereby amended to adopt a new Article III which shall read as follows:

 

ARTICLE III. – ALARM SYSTEMS

 

Sec. 5A-301. – Definitions.

 

As used in this Chapter, the following words shall have these prescribed meanings:

 

Alarm Business. The business by any individual, partnership, corporation, governmental unit or other entity for selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, replaced, moved or installed any alarm system in, on or around any building, structure or facility.

 

Alarm Coordinator(s). The individual(s) designated by the Goodland Police Department Chief of Police to oversee the administration and enforcement of the provisions of this Chapter.

 

Alarm System. Any assembly of equipment, mechanical or electrical or both, arranged to signal the occurrence of an illegal entry, fire, medical emergency or other activity expected to urgently require or request a Police, fire or other emergency response.

 

Alarm User. Any person, firm or corporation who is lawfully in possession of any property or premises on which an operating alarm system is located.

 

Answering Service. A telephone answering business providing, among its other services, the service of receiving on a regular basis, through trained employees, emergency signals from alarm systems and thereafter relaying the message to a communications center.

 

Automatic Dial Device. An electronically operated instrument composed of sensory apparatus and related hardware which send over regular telephone lines a prerecorded voice alarm message upon receipt of a stimulus from the alarm sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion or any other emergency message indicating a need for an emergency or other response.

 

Central Station Protective Device. A system or group of systems operated by a person, firm or corporation in which the operations of electrical protection circuits and devices are transmitted to, recorded in and supervised from a central station having operators in attendance at all times.

 

City. The City of Goodland.
Communications Center. Sherman County Emergency Communications.


False Alarm. An alarm signal eliciting an urgent response by Police or fire or other emergency responders when a situation requiring an urgent response does not in fact exist. This does not include an alarm signal caused by violent weather conditions or other weather-related conditions or extraordinary circumstances not reasonably subject to the control of the alarm business or alarm user.

 

Local Alarm System. An alarm system which when activated causes an audible and/or visual signaling device to be activated and is intended to be heard and/or seen by others outside of the protected premises and is not monitored or controlled by a monitoring service.

 

Notice. A written notice, delivered by personal service or by United States Postal Service, postage prepaid, addressed to the person to be notified at his/her last known address, delivered to the addressee. Service of such notice shall be effective upon completion of personal service or upon placing the same in the custody of the United States Postal Service.

 

Personal Residence. The principal place of abode of any alarm user who has installed or personally installs and operates an alarm system for the security of that residence location.

 

Police Chief. The Chief of Police of the City of Goodland, Kansas Police Department or a person designated by the Chief of Police.


Primary Trunk Line.
A telephone line leading into the communications center that is for the purpose of handling emergency calls on a person-to-person basis and which line is identified by a specific listing among the emergency numbers in the telephone directory issued by the telephone company provider or the directory of non-provider companies serving the City.


Registration Year.
A calendar year beginning on the first (1st) day of January and ending on the thirty-first (31st) day of December at Midnight.

 

Sec. 5A-302. Application.

 

Every person or entity under Sec. 5A-303 required to obtain an alarm registration shall obtain an alarm user’s registration application form from the Police Department Alarm Coordinator within thirty (30) days prior to the installation and use of the alarm system and after the effective date of this Chapter.

 

 Sec. 5A-303. Registration Required.

No person, firm or corporation, either as principal officer, agent, attendant or employee, shall possess or operate an alarm system designated with the intent of eliciting a Police, Fire or other emergency response without first obtaining a registration for such alarm system from the City. Provided the requirement of this Section is not applicable to local alarm systems attached to motor vehicles.
 Sec. 5A-304. City Shall Record Permits.

The Police Department Alarm Coordinator shall keep records in which shall be entered the names, addresses and telephone numbers of each and every person or firm issued an alarm registration permit, the name, address and telephone number of a primary and secondary contact person and/or the address and telephone number of the alarm service provider, the amount paid therefor, and the issuance and expiration date of the alarm registration.
 Sec. 5A-305. Renewal.

 

All alarm users shall renew their alarm registration(s) at the beginning of every registration year.
 Sec. 5A-306. Transferability.

 

Alarm registrations are non-transferable and valid for a period of one (1) registration year.


 Sec. 5A-307. Issuance of Alarm Permit.

The issuance date of the alarm registration and sticker shall be the actual date of issuance of the registration unless such alarm system has recorded a false alarm prior to the registration being obtained; in such event, the issuance date shall be the date of the first (1st) false alarm received. A one-time fee of $25.00 for the alarm permit and alarm sticker is hereby established. There will be no fee for permit renewal as long as the permit holder continuously operates the alarm system at the same location.


 Sec. 5A-308. Availability.

Each registration shall bear the signature of the Chief of Police and shall be physically displayed in a prominent and readily visible place within the premises using the alarm system. An alarm sticker shall be furnished each registered alarm user. Display of the sticker for a business or a residence shall be on the front, lower left corner of the structure’s front door or door glass.
 Sec. 5A-309. Inspection.

The alarm registration shall be available for inspection during normal business hours or when the structure is occupied. The City shall have the authority to determine the existence or validity of an alarm registration. A City employee or Police Officer may perform the on-site inspection of the alarm registration.


 Sec. 5A-310. Alarm Coordinator.

  • There is hereby established the position of Police Department Alarm Coordinator. The Alarm Coordinator shall:
  • Maintain necessary records to carry out the terms of this Chapter and may share information with other City departments as needed. Alarm records shall be maintained confidential.
  • Make the notifications to alarm users and issue citations for violations.
  • Establish, distribute and enforce such rules and regulations as may be necessary for implementation of this Chapter and make this information available upon request to alarm users. Such rules and regulations are incorporated into this Chapter by reference.
  • Determine which alarms constitute false alarms as defined in 5A-301.

 

 

 Sec. 5A-311. Exceptions.

An alarm user which is a governmental entity or political unit shall be required to obtain an alarm system permit pursuant to the provisions of this Article, however, such governmental entity or political unit is not required to pay the fee required for the issuance of the permit.
 Sec. 5A-312. Regulations.

  • Whenever a change occurs relating to the written information required by this Chapter, the alarm user shall give written notice thereof to the Police Department Alarm Coordinator within ten (10) days of such change.
  • Alarm users shall notify the appropriate communication center and/or monitoring service prior to any service, test, repair, maintenance, adjustment, alteration or installation of any alarm system that might activate a false alarm. Upon the completion of such installation, the alarm user shall notify the appropriate communication center of such work completion. The communication center shall forward received alarm information to the Police Department Alarm Coordinator.
  • An alarm business user, employee of a central station protective system or employee of an answering service charged with the responsibility of relaying a live voice request for response to an alarm activation shall give the following information to the communications center at the time of such request for response: address of the alarmed location, type or nature of the alarm, type of alarm system that has been activated, name of the commercial business or resident’s name, specific location of the alarm zone (when applicable), name of the alarm provider making the request, and a telephone number where the alarm provider can be contacted. Unless specifically requested, it is the sole responsibility of the alarm provider and employee making the request to notify authorized persons in control of such alarmed building, structure, facility or residence that an alarm has been activated.

 

 Sec. 5A-313. Unlawful Acts.

  • It shall be unlawful for any alarm system to emit a sound or sounds similar to that of an emergency vehicle siren or civil defense warning system.
  • Local alarm systems, except those intended to elicit a Fire Department response only, shall be equipped to automatically discontinue emitting an audible sound within ten (10) minutes after activation of the alarm.
  • Unless approved by the Chief of Police or the Police Department Alarm Coordinator, it shall be unlawful for any automatic dial protection device within the City to be keyed to the primary trunk line. The owner or leasee of such device shall disconnect any such device in operation upon the effective date of this Chapter.
  • It shall be unlawful for any person, firm or corporation, either in principal officer, agent, service, attendant or employee who possesses or operates an alarm system, to have more than three (3) false activations in one (1) registration year. Provided, false alarms as allowed during the grace period defined in 5A-314(D) shall not be counted in determining whether there has been a violation of this Chapter.
  • It shall be unlawful for any person, firm or corporation to not pay the assessed fees or fines for exceeding the three (3) false alarm activation grace period.

 

 Sec. 5A-314. False Alarm Activation — Grace Period.

  • The Police Department Alarm Coordinator shall be responsible for determining which alarms received by the Police Department constitute false alarms as defined in 5A-301. The Police Department Alarm Coordinator shall maintain a record of all false alarms.
  • Whenever the Police Department Alarm Coordinator makes a determination that an alarm was a false and records such determination, he or she shall give notice to the alarm user of such violation of this Chapter.
  • Any alarm user that has exceeded the number of permissible false alarms during the registration year shall pay a fee and be responsible for the fee payment as set forth in the fee schedule of this Chapter.
  • A grace period of three (3) false alarms or thirty (30) days from alarm system installation activation shall be granted to residential and commercial alarm users. Provided, the resident or commercial alarm user can furnish to the Police Department Alarm Coordinator, upon request, that the grace period alarm(s) were activated during correction, adjustment or modification of the alarm system.

 

 Sec. 5A-315. Fee Payment — Appeal — Court Proceedings.

 

  • The payment of any fee provided in 5A-316 of this Chapter shall be submitted to the Municipal Court Clerk within ten (10) days of receiving notice that such fee is due. The Chief of Police may waive all or part of such fees if the responsible party participates in an approved education program designed to reduce the occurrence of false alarms.
  • Any alarm user who has been assessed a fee as provided in 5A-316 of this Chapter may appeal such assessment to the Alarm Coordinator by filing a written declaration of appeal within ten (10) days of the receipt of the notice that such fee is due. The filing of such declaration shall stay the effect of such assessment until the Alarm Coordinator makes a final determination.
  • Any alarm user who has been assessed a fee and has appealed such fee to the Police Department Alarm Coordinator and the appeal has been overturned may request such appeal disallowance be heard in the Municipal Court and shall have the right to request an appearance before the Municipal Court and shall be issued a notice to appear in Municipal Court.
  • Failure of an alarm user to satisfy the fee assessment as required in 5A-316 or to appeal a fee assessment as provided in Sec. 5A-316shall create a prima facie case that the alarm(s) at issue are false alarms and that such alarm user is in violation of this Chapter.
  • Nothing contained in this Section shall prohibit prosecution in the Municipal Court for violations of any Section(s) of this Chapter and the assessment of any and all other penalties as provided herein or by law.


 Sec. 5A-316. Penalty.

  • Violation of any Section of this Chapter shall be punishable by a fine of not more that five hundred dollars ($500.00) or imprisonment of a term not to exceed six (6) months, or both such fine and imprisonment. Any fine or term of imprisonment imposed by the court shall be in addition to any and all fees that have been assessed against the alarm user.
  • Determination of a responsible party shall be made by using the recorded name on the alarm registration maintained by the Police Department Alarm Coordinator.
  • The following fees shall be assessed to alarm users who have recorded false alarms within a calendar year at a given location:
  • There shall be no fees assessed for the first, second, and third false alarms.
  • There shall be a fee of $50.00 assessed for the fourth false alarm.
  • There shall be a fee of $100.00 assessed for the fifth false alarm.
  • There shall be a fee of $150.00 assessed for the sixth false alarm.
  • There shall be a fee of $200.00 assessed for the seventh false alarm.
  • There shall be a fee of $250.00 assessed for the eighth and each subsequent false alarm.

 

SECTION 2. This Ordinance shall take effect and be in force from and after the 1st day of June, 2018

 

PASSED AND ADOPED this ____ day of ____________, 2018 by the Governing Body of the City of Goodland, Kansas.

 

 

 

____________________________

Brian Linin, Mayor

ATTEST:

 

 

__________________________

Mary P. Volk, City Clerk