Ordinance #: 2993 - Date Adopted: 6/14/2016 2009082710223 re%
City Clerk's Office 402622
GT FI NI
IE
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Functional Filing Number Ordinance #
306-33 2993
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Dates
Date 06/14/2016 Purge Date
Subject & Description
Subject CODE UPDATES(JANUARY-DECEMBER 2016)
Description AMEND GLENDALE CITY CODE;ARTICLE 1(IN GENERAL);CHAPTER 3 (ALARM
SYSTEMS)
Names & Location
Name [1] 16-241; ITEM 34
Name [2]
Name [3]
Location
Indexing Information
Index By Scanned By Microfilmed By
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Microfilm Checked by: date:
V-Car Entered by: date:
Rev 2009-08-27A
ORDINANCE NO. 2993 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
GLENDALE CITY CODE, CHAPTER 3 CONCERNING
ALARM SYSTEMS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That Glendale City Code, Chapter 3 is amended as follows:
ARTICLE I. - IN GENERAL
Sec. 3-1. - Applicability.
This chapter is intended to regulate the activities and responsibilities of those persons
who purchase, lease or rent and those persons who own or conduct the business of-sel-ling,
- , •-_, -- •• •- -:, - - -•-_, : monitoring alarm systems, devices or services. It is
further intended to encourage the improvement in reliability of these systems, devices and
services to insure that Police Department personnel will not be unduly diverted from responding
to actual criminal activity as a result of responding to false alarms. This chapter specifically
encompasses burglary, robbery and commercial panic alarms, both audible and inaudible (silent).
The provisions of this chapter shall not apply to audible alarms affixed to motor vehicles, audible
fire alarms, medical alert devices, residential panic alarms and alarm systems that are operated by
the City, County, State or Federal Government and installed on premises which such entity
occupies or uses for governmental purposes.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-2. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act of God: An unusual, extraordinary, sudden and unexpected manifestation of the forces
of nature, which cannot be prevented by reasonable human care, skill or foresight.
Alarm or alarm system: A mechanical or electrical device that is used to detect smoke, fire,
hazardous materials or an unauthorized entry into a building or other facility, or to alert other
persons of the occurrence the commission of an unlawful act against a person or within a
building or other facility, and that may be designed to emit an audible alarm or transmit a signal
or message when activated. Alarm or alarm system includes, but is not limited to: silent, panic,
holdup, robbery, duress, burglary, check welfare, and proprietor alarms. Alarm or alarm system
shall not include telephone call diverters and systems that are designed to report environmental
[Additions are indicated by underline; deletions by strikeout.}
and other occurrences and that are not designed to alert, or cause other persons to alert, public
safety personnel.
Alarm agent: Any person who is employed by an alarm business either directly or indirectly,
system in or on any building, place or premises. Any person whose duties consist solely of
resetting an alarm following activation shall not be deemed to be an alarm agent.
Alarm business: Any owner or operator of a business which sells, rents, installs, maintains
or monitors alarm systems, devices, leases or services.
Alarm subscriber: Any person who leases, rents or purchases any monitored alarm system,
device or service from an alarm business or who leases or rents an audible alarm system or
device or who contracts with an alarm business for alarm monitoring, repair or maintenance
services.
Audible alarm: A device designed for the detection of an unauthorized entry on premises
and which when activated generates an audible sound on the premises.
Automatic dialer: Any electrical, electronic, mechanical or other device capable of being
programmed to send a prerecorded voice message, when activated or if self-activated, over a
telephone line, radio or other communication system, to the Police Department.
Common cause: A common technical difficulty or malfunction which causes an alarm
system to generate a series of false alarms. The series of false alarms shall be counted as one (1)
false alarm only if:
Tthe false alarms have occurred within a seventy-two (72) hour period;.:, and
Tthe responsible alarm subscriber or proprietor alarm owner has documents to the Police
Chef the action taken to rectify the cause; and
A thirty-day (30) period expires with the alarm system generating no additional false
alarms from the documented cause. business has documented, to the Police Chief, the
system generating no additional false alarms from the documented cause.
• - --. •.:- - .
Controlling person does not include current office , - . - . . - .
corporation that is traded on a national stock exchange.
[Additions are indicated by underline; deletions by strikeout.}
received a suspended sentence.
- ..• .. -
under the influence of intoxicating liquor or drugs, reckless driving, driving on a suspended,
- . . . - - ' • -' • - •- .. .
•
•
. - •- .• --e. Crime does not include minor or civil traffic offenses.
False alarms: Any activation of an alarm not caused by or as a result of a criminal act or
unauthorized entry, except for activation for testing purposes when the Police Department has
been given advance notice of such testing or activation caused by the Police Department.
Licensing authority: The Tax and License Division of the City Finance Department or the
or the reciprocal alarm licensing ordinance of another state, city or town.
Medical alert device: A device designed to help a patient obtain adequate,help of the right
type during a medical emergency.
Monitored alarm: A device designed for the detection of an unauthorized entry in premises
and which when activated generates an inaudible signal to a monitoring station. A monitored
alarm may also generate an audible sound on the premises.
Panic alarm: A silent or audible alarm system signal generated by the manual activation of
a device intended to signal a life threatening or emergency situation requiring law enforcement
response.
Person: A corporation, firm, partnership, association, organization or any other group acting
as a unit, as well as an individual.
_. Ao . . . . - . .. . - • • - •- • - .. ,
pefhares in, directly or inilirectly, a4-1-ast fifty percent(50%)-ef any financial gain
attributable to such business as an owner, proprietor or otherwise.
city or town that has adopted the reciprocal alarm licensing ordinance to an alarm business that
located within this state and within the borders of such licensing authority. In the event that an
[Additions are indicated by underline;deletions by strilicaout4
. . . -- .. -ess license from any city or town in this state that has adopted the reciprocal
licensing ordinance.
Proprietor alarm: Any alarm or alarm system which is not leased or rented from, or owned
or maintained under contract by an alarm business.
primary alarm license from a similar licensing authority within this state that has adopted the
reciprocal alarm licensing ordinance.
•• .. • L I • -. ._. .
its material terms to the reciprocal alarm licensing provisions codified in this chapter and that is
intended by the adopting jurisdiction to be recognized as being reciprocal with alarm licensing
• - • • - 1, . _
are enacted in a particular city or town to accommodate local conditions or needs shall not affect
the reciprocal nature of the ordinance.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-3. - Administration.
The provisions of this chapter shall be administered in a manner prescribed by the police chief.
(Ord. No. 2732, § 1, 6-22-10)
measures to prevent the occurrence of fa - . . -- ; . -e, ' . _ --
provide maintenance or repair service to the system, to service the system
within seventy two (72) hours of a-request for service. The-ala -- :. '- .
not install a single action non recessed button as a device to activate a panic
te,
the principal occupants of the buildings or premises protected by an alarm
specifically include all necessary instructions in turning the alarm on and off
and in avoiding false alarms.
[Additions are indicated by underline; deletions by strikeout.}
(3) To provide each purchaser and subse •- • . .; -- ---
(1) Upon leasing or renting an audible alarm system:
a. To conspicuously place on the premises a - •- •- -•---
has been activated.
b. To maintain records of the location of these alarm systems, devices or
c. To inactivate or cause to be inactivated the audible alarm within sixty
--•-. - - •: * . •t 'ts activation in the event the primary
.. ;:- -:, - --: 0- . .:*; -
- ; • . -' . • - . • - • ) order to monitor these alarm
police response to an alarm system signal.
• -•:
- -- • • -e alarm, if there is more than one (1) system;
whether the alarm is audible or silent; the alarm subscriber permit
and response time of a responsible party.
c. To maintain records as to each of these alarm systems, devices or
• -: -• . ": - - "
• • • . •:- • ; • : -e (1) year from the date of the activation.
- • • - s . . • enforcement officer of this state or city regulatory
licensing inspections official upon twenty (20)days' prior written
[Additions are indicated by underline; deletions by strikeout.}
prescribed by the police chief, including such reasonable information
concerning the alarm system as the police department may request.
Reasonable information shall include copies of central station alarm
activity reports, the names of persons from the activated alarm location
who have contracted with the alarm business and any mailing or
shall be made available at any time upon request for inspection by the
city or police department representative.
- .. . - - . - - tative to go to the premises of an activated alarm
system within sixty (60) minutes in order to be available to assist-the
the location of the alarm. If the police depart the premises prior to this
requirement being met and the police are unable to determine the reason
for the activation, such-activation shall be deemed a false alarm.
•
a monitored alarm system, of all alarm activations at the alarm
subscriber's premises within twenty four (24) hours of activation, not
transmission or written notice deposited in the United States mail.
(6) To cease responsibility for an alarm system pursuant to this chapter, the alarm
The notice shall be sent within ten(10) days of the receipt of a notice issued
pursuant to sections 3 62 or 3 63 herein.
(7) To submit on a form and in the manner prescribed by the police chief, such
information concerning compliance of the alarm business with its duties under
department within ten (10) days of commencement of service for the alarm
system.
(b) Alarm businesses which-do not monitor, maintain, service or install alarms or alarm
for instructing each person who purchases an alarm system in the proper use and
the Glendale Police Department for information regarding this chapter, advising each
[Additions are indicated by underline; deletions by ctrikeout.l
and providing a copy of this chapter to ch alarm subscriber or alarm purchaser. Such
business that sells an alarm or an alarm-system with monitoring services, or leases,
subsections (a)(1) through(a)(7) of this section.
(c) Alarm businesses which monitor but de-not sell, lease, rent '- . , - - - - . •
section.
(d) Alarm businesses which sell or install alarms or alarm systems but do not lease, rent,
monitor, service or maintain them shall not be subject to subsections (a)(1) or(a)(4)
through(a)(6) of this section.
(e) An alarm business which violates any provision of this section is guilty of a class 1
misdemeanor.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-45. - Alarm subscriber's and Proprietor Alarm owner's duties.
The duties of an alarm subscriber or alarm proprietor owner shall be as follows:
(1) To be familiar with the provisions of this chapter; and
(-1-2) To instruct all personnel, who are authorized to place the system or device into
operation, in the appropriate method of operation.. and
(23) To inform personnel, who are authorized to place the alarm system into
operation, of the provisions of this chapter, emphasizing the importance of avoiding
false alarms..-; and
{3) To apply for an alarm subscriber permit from the Glendale Police Department
and pay the required application and permit fees.
(4) To respond or to make arrangements for an alarm business or other responsible
person to respond to the scene of an activated alarm within sixty (60) minutes of the
alarm activation..-; and
(5) To maintain the alarm or alarm system in good working order and take
reasonable measures to prevent the occurrence of false alarms.
(6) An alarm subscriber who violates any provision of this section is guilty of a
class 1 misdemeanor.
[Additions are indicated by underline;deletions by&tr
(Ord. No. 2732, § 1, 6-22-10; Ord. No. 2902, § 1, 8-12-14)
(1) To be familiar with the provisions of this chapter.
. . .. -- -•• - • - .. - .: . !- .. ...
and pay the required application and permit fees.
reasonable measures to prevent the occurrence of false alarms.
('I) Upon the purchase of any alarm system, device or service which includes an
audible alarm:
. .. . . ... . .... . .. . ...-
telephone number of the primary person and at least one (1) alternate
who should be notified when the alarm is activated.
b. To inactivate or cause to be inactivated the alarm system within sixty
(60) minutes of notification of its activation.
(5) To instruct all persons who are authorized to place the system or device into
(6) To inform all persons who are authorized to place the alarm system into
operation of the provisions of this chapter emphasizing the importance of
avoiding false alarms.
(7) A proprietor alarm owner who violates any provision of this section is-guilty of
a class 1 misdemeanor.
(Ord. No. 2732, § 1, 6-22-10; Ord. No. 2902, § 2, 8-12-14)
Sec. 345. - Activation for unauthorized purposes.
It shall be unlawful for any person to intentionally activate any robbery alarm for any
reason other than to warn of an actual robbery or to intentionally activate any burglar alarm for
any reason other than to warn of an unauthorized entry into an alarm protected premises or to
intentionally activate any commercial panic alarm for any reason other than to signal a life
threatening or emergency situation requiring law enforcement response.
(Ord. No. 2732, § 1, 6-22-10)
[Additions are indicated by underline; deletions by strikeout.}
- - - - C. .. . .. _ . - . . . ..• _ . . •- -, .- .' _ .
alarm to sound in excess of sixty(60) minutes.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-16. - Automatic or prerecorded messages or signals connected directly to city.
No person shall use or cause to be used any telephone device or telephone attachment that
automatically selects a public primary telephone trunk line of the city and then reproduces any
prerecorded message or signal.
(Ord. No. 2732, § 1, 6-22-10)
1 " . . . .. - .. • .
No person shall place any monitoring panels and annunciation or receiving equipment in
any City of Glendale building.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-147. - Confidentiality.
The information furnished and secured pursuant to this chapter shall be confidential and
shall not be subject to public inspection.
(Ord. No. 2732, § 1, 6-22-10)
Secs. 3 12 3 35. Reserved.
. . .
(a) It shall be unlawful for any person-to engage in, conduct or carry on an alarm
business within the corporate limits of the city without first having obtained a license pursuant to
offense under this subsection.
[Additions are indicated by underline; deletions by strikeout.]
(b) It shall be unlawful for any person to engage in, represent himself or herself to
be, or operate as,an alarm-agent within the corporate limits of the city without first having
business conducts business or advertises. In the event that the licensing authority has
-
receiving such a notice shall not engage in the alarm business until an alarm business license is
issued pursuant to this chapter.
(d) The administration of this chapter, including the duty of prescribing forms, is
- - - - - • with the provisions of this chapter.
permits required by the city, county or state in order to engage in business. Persons engaging in
grounds for denial, suspension or revocation of a license.
(f) All licenses issued pursuant to this chapter shall be for the remainder of the
(g) Upon written request and the payment of the fee, as established by resolution,
stolen or destroyed.
(h) It shall be unlawful for an alarm business to use ; : . - . -
(Ord. No. 2732, § 1, 6 22 10)
- ;- -— - –. ; ; - -.; - . - . ; •• :
[Additions are indicated by underline; deletions by strikeout.'
(1) Primary alarm license. A primary alarm license may be applied for by an alarm
this state.
(2) Reciprocal alarm license. An alarm business, whether physically located within
a jurisdiction within this state that has adopted -- •• - . . . •• • - -
(3) Alarm agent license. A person desiring to engage in the business or occupation
agent license, who desires to work for an alarm business holding a reciprocal
(Ord. No. 2732, § 1, 6 22 10)
•
the police chief.
(b) The application for an alarm busine- • - • •• •-
• • - . . . . . . . _ . .. -•- , . . .. •
. .
a corporation shall apply.
(2) In the event that the applicant is a corporation, general or limited partnership,
[Additions are indicated by underline; deletions by strikeout.}
formation documents.
(3) For the applicant and each controlling person:
a. Name;
k� wnd
neo•,�"�rccnR,-
•
fax and e mail addresses; if applicable.
. -- , .:: - - : 'cense numbers of the alarm agents employed by the
(5) The business telephone number at which each alarm agent may be r-ached.
(6) The required application fee.
(7) The residence and business address of the applicant and each controlling person
for the five (5) year period immediately preceding the date of filing of the
application and the inclusive dates of each such address.
(8) Proof that the applicant and each controlling person is at least eighteen (18)
years of age, as indicated on a current driver's license with picture, or other
(9) Height, weight, color of eyes and hair and date of birth of the applicant and
five (5)year period immediately preceding the date of the filing of the
application.
(11) Information as to whether the applicant or any controlling person, or the
refused or denied any similar license or permit or has had any similar permit or
revocation, cancellation or suspension.
. . •
trial or other court proceeding for a crime.
fingerprints on fingerprint cards for the applicant and each controlling person.
or approved by the licensing jurisdiction, but may be taken by any law
enforcement or other government agency.
[Additions are indicated by underline; deletions by strikeout.]
(1I) Copies of the State of Arizona Registrar of Contractor's C 11, C 12 or L 67
License, as applicable, or a copy of the • - - - -•• - - - •
Arizona Transaction Privilege Tax License . -: • : - :. - • •:-
", - . ". •': 22
. 2.2- II 2" 2' 22 2-2• ' "" .
(16) A copy of a valid primary alarm license if the application is made for an
original or renewal recip -. . . . •- ' - -.
application or renewal.
A .. • . . . • . . -- . . . . . -- - - - , . . .. • . . __-- . . .
occurrence of the change.
(d) The application for alarm agent license shall include:
(1) The name of the applicant and any alias : : • • ..., • -: • . - -
addresses, telephone numbers, including facsimile numbers and e mail
addresses, if applicable.
(2) The name, business address and business telephone number of the alarm
('1) Proof that the applicant is at least eighteen years of a:-, . • -• • -- -
issued by a governmental-agency,
(5) Height, weight, color of eyes and hair and date : - . -- . .. .
e-- . - :. - _ - . . . . . .. . - _
[Additions are indicated by underline;deletions by strikeout.}
(8) The applicant's business, occupation and employment history for the five (5)
•
(10) The required application fee.
(e) Applicants for alarm agent licenses, or applicants for renewal of such licenses, shall
(Ord. No. 2732, § 1, 6 22 10)
Sec. 3 38. Fees.
-• : - - . .. ear in which he or she submits an application and for an
(b) Each applicant for a license shall submit a full set of fingerprints to the City of
pursuant to A.R.S. § 14 1750 and Public Law(PL) 92 54'i. The Arizona Department of
• . • - •. • . .• . •
Bureau of Investigation. In addition-to any other fees imposed under this chapter, an
•
a: - . -- - • ed under this chapter shall pay an amount necessary to cover
.. . .•. : - . •: - . . • . •
amended.
(c) No application or fingerprinting fee paid pursuant to this chapter shall be returned to an
suspended.
(Ord. No. 2732, § 1, 6 22 10; Ord. No. 2902, § 3, 8 12 11)
[Additions are indicated by underline; deletions by strikeeut4
-- . . - . . -, .. • - . . . . . -- . .. • : -
background checks and fingerprint requirements.
(2) All fees have been paid in full.
(3) No grounds for denial liste: '• -• - - ' .
(b) No person shall be licensed under this chapter if such person:
(1) Knowingly mimes any false . -- .: _ . ----- •- -- .. - .
of such application er request er failed er refused to-make full disclosure of all
information r uired by this chapter.
(2) Has been preN,iously convicted of a felony or a misdem-anor involving fraud,
. - . - . . ..
•
- - .
jurisdiction, which if committed in-Arizona would constitute one of the crimes
is submitted.
(1) Is under the age of eighteen(18)years.
(5) Has had a license relating to alarm businesses or agents, as applicable, or a
date of the filing of the application.
(6) Is not a United States Citizen or lawful permanent resident alien or an alien
. • - . ' -
Immigration and Naturalization Service.
(7) Has violated a provision of this chapter, or has committed any act which, if
committed by a licensee, would be grounds for the denial or revocation of a
license pursuant to this chapter.
(c) No applicant shall be licensed under this chapter if any of the following persons would
be disqualified from being licensed under subsection(b):
(1) The president of an applicant which-is acorporation, if he or she is an Arizona
resident;
(2) Each general partner of an applicant which is a partnership;
(3) The managing officer or agent for the in state operations of the applicant;
' ' - :- :- financially interested in the applicant; or
[Additions are indicated by underline; deletions by strikeout.}
(5) Each managing member of a limited liability company, or if there are no
designated managing members, all members.
(d) No license shall be issued under this chapter to an applicant if the police chief
.. . . , - • - - . . - •- - •- - . ... ' . ' - .-- - .. •-- , -
(e) Notice shall be given of any denial of a license application or a request for renewal, in
include the reasons for denial of the lice - . - - - -- • • .
(Ord. No. 2732, § 1, 6 22 10)
. I. ,• . , • , . . . . .
(a) Any license issued under this chapter shall be valid only for the calendar year for which
timely filed.
•.- _ • .• -. Proration of
License Fee
April 1 June 30e
July 1 September 30
October 1 December 31
determine the initial license fee.
without a license, shall be subject to all penalties imposed under this chapter against
[Additions are indicated by underline; deletions by strikeout.}
•
• - . • - •- .- - : yment of the applicable license fee. All
- - required to obtain a license under this chapter and fails to do so
(e) No license issued under this chapter shad ; -re-- ..-: . - • -- " - - '
e : 32, § 1, 6 22 10)
••
December 31 of the year in which it is issued, and the alarm agent shall obtain a new
licensed pursuant to section 3 36.1(3).
(Ord. No. 2732, § 1, 6 22 10)
(a) A copy of the alarm business license shall at all times be conspicuously displayed at
•- •• . . ':- sr main office of the alarm business.
(b) At all times that a person is acting as an alarm agent within the city, such person shall
- , . '- - - .. - .- _ • '•al whose duties are related to licensing.
(Ord. No. 2732, § 1, 6 22 10)
[Additions are indicated by underline; deletions by strikeout.}
(b) An-alarm business shall net allow any per . • - - . ; --
(Ord. No. 2732, § 1, 6 22 10)
• • 44 . : • • • 1 •- ; • •• • - • • • •
division within five (5) days of such surrender. If the alarm agent fails to surrender his
. . --- :. . -- . • - - --
alarm agent without charge.
(Ord. No. 2732, § 1, 6 22 10)
• . • : 0: —. • • • *1 •.
(a) The tax and license division may suspend any license issued under this chapter for a
:• • -: . - • -- —
following reasons:
(1) Failure to maintain good moral character;
(2) Conviction of the licensee of a felony involving dishonesty, deceit, theft,
assaultive conduct or sexual misconduct;
[Additions are indicated by underline; deletions by Strikeeliti
." •4 ; .":" •.; ;
('1) Any other violation of this chapter.
the length of the suspension. Such notice shall be per ; • - - z- •- 'censee or
.• - z -- • -• ' . ,.•z - • • . ;.• • of-the notice-shall he deemed
complete upon mailing.
(c) The licensee may request an informal hearing on such revocation or suspension by
complete upon mailing.
(Ord. No. 2732, § 1, 6 22 10)
• t. • •t " ; • • , • : I ; • ; • ' ; • ;
t" •: ' • -• " ". • : "ZS
.• • ••• • •-• " • - . ;;^. '• "." ••
(c) The burden of proof at the h-aring shall be - •- • ;: • • - - - . ;
hearing.
[Additions are indicated by underline;deletions by stfikeoutA
(Ord. No. 2732, § 1, 6 22 10)
- . .-, . '. .-, --, . .. . •- - - -- -- • - . . . . . . • - -
(Ord. No. 2732, § 1, 6 22 10)
surrender his or her alarm agent license to the licensing authority.
the transfer, in- writing, within fifteen(15)calendar days of the change in employment.
(c) An alarm business may cancel an alarm business license by filing a notice of
include the effective date of the cancellation. In the event of the cancellation of a
primary alarm business license, notice shall be given to all jurisdictions in which
..
sooner.
(Ord. No. 2732, § 1, 6 22 10)
(a) Every alarm subscriber and proprietor alarm owner shall apply for and receive an alarm
new alarm system. Alarm subscriber permits will be on forms approved by the police
department. An alarm subscriber permit is valid for one(1)year and may be renewed
[Additions are indicated by underline; deletions by strikeout.}
police department. Permits are not transferable from one subscriber or proprietor to
permit is required for each address.
(b) Alarm systems that are operated by the city, county, state or federal government and
permit for each alarm system it operates.
(2) The owner of an apartment or other rental property that has an existing alarm
complex will be considered one address.
provisions of this chapter:
(1) The police department shall send the alarm subscriber or proprietor alarm
warning stating that they arc in violation of the provisions of this chapter. The
while the alarm system is operated without an alarm subscriber permit. The
to section 3 63.
designee. The petition shall contain specific defenses, if any, to show why the
[Additions are indicated by underline; deletions by strikeout.}
alarm owner.
shall be final.
assessment is upheld.The notice of decision shall include the specific findings
. . . . . -- :-ci-sien is su-bject to appeal pursuant to section 3 64.
• - .• - - . Wished by resolution, for-each alarm activation
system is operated without an alarm subscriber permit. The alarm subscriber or
:A. - . . -. .. •- -•- - - . . ..• - - •. A .• .. —
- . . - . . e . . . . - o. . • .
compounded monthly.
(8) It shall be unlawful and a class 1 misdemeanor for an alarm subscriber or
(Ord. No. 2732, § 1, 6 22 10)
Secs. 3 48 3 60. Reserved.
[Additions are indicated by underline; deletions by strikeout.}
ARTICLE IIL - FALSE ALARMS
Sec. 3-1$. - Grace period.
(a) Newly installed and reinstalled alarm systems shall not be subject to the provisions of
this chapter relating to the counting and assessment of false alarms for a period of
thirty (30) days from the date the alarm system becomes operational.
(b) The grace period provided in subsection (a) of this section shall apply only if the alarm
subscriber business, or proprietor alarm owner notifies the police chief or his designee
in writing within ten (10) days of the completion of installation or reinstallation. The
written notice shall specify the date the system was installed or reinstalled. For
reinstalled alarm systems, the notice shall also describe the nature and extent of the
reinstallation.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-629. - Warning notice.
When any alarm system generates a false alarm, the police department shall send a
warning notice to bath the alarm subscriber and alarm business or the proprietor alarm owner that
one (1) subsequent false alarm within a three hundred sixty-five (365) day period will subject the
notified parties to the sanctions as provided herein.
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-6310. - Police review and penalties.
(a) Any alarm system which has two (2) or more false alarms within a consecutive three
(ba) If the police department records two (2) or more false alarms within a consecutive three
hundred sixty-five (365) day period:
(1) The police department shall notify both the alarm subscriber and alarm business
or the proprietor alarm owner by electronic mail or postal mail of the police
department's initial notice of assessment of false alarm service fees and of the
amount of the assessed service fees. The alarm subscriber and alarm business or
the proprietor alarm owner, within 320 calendar days of the date on the notice,
shall pay the assessed fee or may appeal to the police chief by filing a petition
with the police chief or his designee. The petition shall contain and explain
specific defenses to the assessment. Affirmative defenses to a false alarm
service fee assessment alarm may include evidence that a false alarm was
caused by an act of God, common cause, action of the telephone company,
telephone line outage, power outage lasting longer than the life of a fully
[Additions are indicated by underline; deletions by st_
charged battery, or other extraordinary circumstances not reasonably subject to
control by the alarm business, alarm subscriber or proprietary alarm owner.
(2) The petition submitted pursuant to subsection (1) of this section shall be
received by the police chief or his designee within the time specified. If the
petition is not timely submitted, any notified party shall be deemed to have
waived his right to any further review or hearing as provided herein and the
alarm business and alarm subscriber or the proprietor alarm owner operating the
alarm system generating the false alarms will be assessed pursuant to paragraph
(5) of this subsection.
(3) If the petition pursuant to subsection (1) of this section is submitted, the police
chief or his designee shall review the specific defenses, if any, set forth in the
petition to the initial determination of false alarms. If it is determined that a
valid defense to the initial determination of false alarm has been accepted, a
notice will be sent by electronic mail or postal mail to all notified parties that
no assessment will be made for that particular alarm. The notice shall
specifically set forth the findings and conclusions of the police chief or his
designee with respect to the review of the petition submitted.
(4) If the police chief or his designee determines that a defense to the initial
determination of false alarms has not been alleged or accepted, a notice shall be
sent by electronic mail or postal mail to beth the alarm subscriber and alarm
business or the proprietor alarm owner that they will be assessed pursuant to
paragraph (5) of this subsection. The notice of decision shall contain the
specific findings and conclusions of the police chief or his designee with
respect to the review of the report submitted.
(5) Assessments imposed pursuant to subsections (1) and (4) of this section shall
be in an amount established by resolution. The alarm subscriber or proprietor
alarm owner and the alarm business shall, except as provided in section 3 64(f),
be jointly and severally be responsible for the payment of assessments imposed
upon their alarm system. -- - - - • - -- • - • • .. • .- - .- •
- -
. -- . . . . - - . • - - - - -
addition to any service fee imposes .. .. . • ' , • -- • • --
subscriber has not obtained a permit.
(eb) Upon final determination of assessment pursuant to this chapter for the second(2) and
any subsequent false alarm within a consecutive three hundred sixty-five (365) day
period, the responsible party shall tender the fee assessed within ten(10)thirty (30)
days of the date ordered or discontinue operation of the alarm system. In the event the
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constitute a class 1 misdemeanor.
(d) Upon final determination of assessment pursuant to this c-. : - . -- -• - ! -
unlawful to operate-the alarm system in such a manner that results in any subsequent
. - . . -•. - . . - . - . . -- ..' - - .
•
. -- .. .. .. • -• - • . . .- -- .. . ! . . -
pursue an injunction through the Maricopa-County Superior Court with all costs of
(Ord. No. 2732, § 1, 6-22-10)
Sec. 3-6411. - Appeals.
(a) Any party aggrieved by a decision of the police chief or his or her designee made
pursuant to section 3-1063, subsections (b)(3) or(b)(4)may, within ten(10)thirty (30)
days of the date receipt of notice of the decision, appeal to a hearing officer so
designated by the city manager. A copy of the appeal request shall be filed with the
Glendale City Clerk and a copy sent via certified mail to the police chief or his or her
designee.
(b) The request for an appeal shall set forth the specific objections to the decision of the
police chief or his their designee which form the basis of the appeal.
(c) The hearing officer shall set a time and place for the hearing as soon as practicable.
(d) The hearing proceeding shall be conducted as an informal process. The hearing officer
shall not be bound by the technical rules of evidence in the conduct of such hearings.
All parties to the hearing shall have the right to present evidence in support of or in
opposition to the decision of the police chief.
(e) The decision of the hearing officer shall be based upon the evidence presented and it
shall:
(1) Affirm the decision of the police chief or his or her their designee in which case
any assessment imposed shall be sustained; or
[Additions are indicated by underline; deletions by strikeout.]
(2) Reverse the decision of the police chief or his or her their designee, in whole or
in part, in which case, the hearing officer shall, in his or her discretion,
determine the amount of the assessment.
subscriber and alarm business licensee, the hearing-officer may designate the alarm
assessment.
(gf) The decision of the hearing officer is final.
(Ord. No. 2732, § 1, 6-22-10)
SECTION 2. That the provisions of this ordinance shall become effective thirty (30)
days after passage of this ordinance by the Glend. - City Council.
PASSED, ADOPTED AND APV SV D D b the ayor and Counci • the City of
Glendale, Maricopa County, Arizona, this 1•` z a of .1 e, 2 16.
ATTEST:
LO-CiA A..t.31(1. —
City Clerk (SEAL)
APPROVED AS TO FORM:
City A
REVIEWED BY:
Ci Manager
[Additions are indicated by underline; deletions by strikeout.]