§ 8-331. Alarm user permits; responsibilities.

(a)

Required.

(1)

No alarm user shall operate, or cause to be operated, an alarm system at its alarm site without a valid alarm permit issued by the alarm administrator. A separate permit is required for each alarm site. This subsection does not require that a licensed alarm business obtain a permit under this section when it leases or provides services to alarm system users. If a licensed alarm business does, however, use an alarm system to protect its own premises, it shall obtain a permit for such system as required in this section. Alarm user permits are renewable each year on June 1. The alarm user applying for the permit is required to state on a permit application form prepared by the Metro Alarm Review Board and approved by the city attorney the information in subsection (b) of this section and as periodically prepared or revised by the Metro Alarm Review Board.

(2)

Upon receipt of a completed application form and the permit fee, the alarm administrator shall issue an alarm permit to an applicant unless the applicant has:

a.

Failed to pay a fine assessed under this section.

b.

Had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected to the satisfaction of the Metro Alarm Review Board.

(b)

Application information. Except as otherwise set out herein.

(1)

Each permit application must include the following information:

a.

The name, address, and telephone numbers of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this section.

b.

The classification of the alarm site as residential, commercial, apartment, proprietary, government-owned facility, bank or school.

c.

Signed certification from the alarm user and the alarm business stating:

1.

The date of installation, conversion or takeover of the alarm system whichever is applicable;

2.

The name, address, telephone number, state alarm contractor's license number, and state qualifying alarm agent's license number for the alarm business performing the alarm system installation, conversion or alarm system takeover and responsible for providing repair service to the alarm system. If the alarm business is not required to be licensed under the state alarm contractors licensing law, all provisions in sections 8-392 and 8-394 shall be met by the alarm company in addition to all other provisions under this article prior to an alarm user permit being issued;

3.

The name, address, telephone number, state alarm contractor's license number and the state qualifying alarm agent's license number for the monitoring company or central station if different from the alarm business performing the responsibilities listed in subsection (b)(1)c.2. of this section. If the monitoring company is not required to be licensed under the state alarm contractors licensing law, all provisions in sections 8-392 and 8-394 shall be met by the monitoring company in addition to all other provisions under this article;

4.

A list containing the names, addresses, and telephone numbers of at least two persons having keys and keypad numbers for the residential alarm site;

5.

A set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, and the penalties and consequences for false alarms under this article has been provided to the end user;

6.

The alarm business has trained the applicant for a minimum of 30 minutes in proper use of the alarm system, including instructions on how to avoid false alarms; and

7.

A certificate from an alarm business duly licensed under the state contractor's licensing board signed by the designated qualifying agent stating that the alarm system has been tested. If the alarm business is not required to be licensed under the state contractor's licensing board, then all provisions in sections 8-392 and 8-394, in addition to all other provisions under this article, shall be met by both the alarm business and the designated qualifying agent.

Entities with a proprietary system as defined in section 8-301 are exempt and provide only that information as required by the Metro Alarm Review Board.

d.

Classification of the alarm site as being equipped with duress alarm, panic alarm, or hold up alarm, if applicable.

(2)

Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue or renew a permit.

(3)

An alarm permit cannot be transferred to another person. An alarm user shall inform the alarm administrator of any change that alters any information listed on the permit application within five business days.

(c)

Fees. All fees owed by an applicant must be paid before a permit may be issued or renewed. The permit shall be issued by the alarm administrator, or his designee, upon the following conditions:

(1)

There shall be a $30.00 permit fee for the first year.

Exception. For a one-year trial period beginning with adoption of the ordinance from which this section is derived, upon presentation of written verification, persons who have qualified for low-income housing under USC 42-1437(a) and who are living in low-income apartment complexes, as defined by federal guidelines set out in HUD Section 8 Standards, shall be excluded from payment of a fee.

(2)

There shall be an annual renewal fee of $5.00.

(3)

Permits shall not be renewed if outstanding fines or penalties which have been incurred as a result of the use of the system have not been paid. If the fines or penalties are being processed through administrative channels or a court system, then a permit may be issued or renewed.

(d)

Systems in multitenant dwelling complexes.

(1)

Alarm systems in apartment complexes contracted for by individual tenant.

a.

If an alarm system is installed by an individual tenant in an apartment complex unit, the tenant must provide the name of a representative of the apartment owner or property manager who can grant access to the apartment to the alarm business which is providing any services to the alarm user pertaining to the alarm system.

b.

A tenant of an apartment complex shall also obtain an alarm permit from the alarm administrator before operating or causing the operation of an alarm system in the tenant's residential unit. The annual fee for this permit or the renewal of this permit shall be the same as the fee for a residential alarm site.

c.

For the purpose of enforcing this section against an individual residential unit, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's residential unit.

(2)

Alarm systems in apartment complexes furnished by the apartment complex as an amenity.

a.

If the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the owner or property manager of the apartment complex shall be required to obtain a permit, or apply for a permit for each living unit and show proof of a permit prior to activating the alarm system. The permits are transferable from tenant to tenant at the same alarm site. However, if the owner or property manager requires individual tenants to apply for and obtain permits, the permit shall not be transferable. Regardless, each living unit within the apartment complex shall be considered one alarm site and be required to be permitted.

b.

All units shall be required to be permitted if the alarm system is active, regardless of the unit's occupancy status.

c.

The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the complex, including, but not limited to common tenant areas and office, storage and equipment areas. An annual fee for such a permit shall be the same as the fee for an alarm site.

d.

For purposes of assessing fines and enforcing this section, the master alarm permit holder is responsible for payment of fines for false alarm dispatches emitted from the alarm systems in residential units.

(3)

Permit duration and renewal.

a.

A permit shall expire at midnight on June 1st of each calendar year. It must be renewed annually by submitting an updated application and a permit renewal fee of $5.00 to the alarm administrator. The alarm administrator shall notify each alarm user of the need to renew 30 days prior to the expiration of their permit. It is the responsibility of the alarm user to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a nonpermitted alarm system and citations and penalties shall be assessed without waiver; except, if the alarm system is installed after January 1, but before June 1, and the $30.00 permit fee was paid, the alarm site will not be subject to an annual renewal fee until the following June 1, provided the alarm site has not exceeded its false alarm threshold.

b.

If the alarm user fails to renew by June 15, the alarm user will be required to apply for a new permit. The permit fee shall be $30.00, plus any applicable fines.

(4)

Proper alarm systems operation and maintenance. An alarm user shall:

a.

Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm dispatches.

b.

Make every reasonable effort to respond or cause a representative to respond to the alarm system's location within one hour when notified by the city, the county or the alarm company to deactivate a malfunctioning alarm system, to provide access to the premises, and to provide security for the premises.

c.

Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.

d.

Adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of the alarm site will sound for no longer than 15 minutes after being activated. This shall apply to burglary signals only.

e.

Cause a properly sized and easy to locate address to be placed at the alarm site as determined by the metro alarm administrator or his designee.

(Code 1992, § 7-303; Ord. No. 208, § 1, 3-22-1999; Ord. No. 260, § 2, 1-22-2002)