HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-053CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE 97 5,5
AN ORDINANCE ADDING SECTION 1395 "ALARM SYSTEMS"
TO THE LAKE ELMO MUNICIPAL CODE
Section 1. Amendment: Section; to wit: Section 1395 "Alarm Systems" is hereby added to
the Lake Elmo Municipal Code
Lake Elmo Municipal Code
Chapter 13 — Municipal Regulations
Section 1395 — Alarm Systems
Chapter 13 - Municipal Regulations
Section 1395 Alarm Systems.
1395.01 Purpose and Intent.
The purpose of this ordinance is to encourage security, fire or medical alarm users
and alarm businesses (including, but not limited to, sales, installation, and/or
monitoring) to maintain the operation reliability and the proper use of alarm systems
so as to limit unnecessary police, fire and emergency medical responses to false
alarms and alarm malfunctions.
This ordinance governs burglary, robbery, intrusion, fire, and medical emergency
false alarms, provides for service fees for excessive false alarms, and provides for
issuance of citations or assessment of service fees.
1395.02 Definitions.
As used herein, the following terms shall mean:
Alarm Site. Alarm site means a single premise or location, or a multi -tenant
location, served by an alarm system or systems.
Alarm System. Alarm System means any mechanical, electrical, or radio controlled
device or system which is designed to emit, transmit or relay a signal or message
and which, when activated, is intended to summon, or that would reasonably be
expected to summon police, fire or emergency medical services. Alarm systems
include Intrusion Alarms, but does not include:
1. An alarm installed on a vehicle, unless the vehicle is permanently located
at a site, or;
2. An alarm designed to alert only the inhabitants of a premise, and which
does not constitute a local alarm.
False Alarm. False Alarm means the activation of an alarm system signal or
message which elicits notification to and/or response by the Washington County
Sheriff s Office and/or Lake Elmo Fire Department when there is no evidence of a
crime, fire, medical emergency or other activity which warrants a call for
immediate police, fire fighting or emergency medical assistance.
, aice Elmo Municipal Code
Chapter 13 — Municipal Regulations
Section 1395 — Alarm Systems
Fire or Emergency Medical Alarm. Fire or Emergency Medical Alarm means
a system or portion of a combination system consisting of components and
circuits arranged to monitor and annunciate the status of fire or medical
emergency or supervisory signal initiating devices which are intended to
summon fire or emergency medical services by the Washington County
Sheriff s Office and/or the Lake Elmo Fire Department.
Intrusion Alarm: Intrusion Alarm means a robbery, burglary, panic or other
alarm intended to summon the police, which is designed either to be initiated
purposely by a person or by an alarm system that responds to a stimulus
characteristic of unauthorized intrusion.
Local Alarm: Local Alarm means an alarm system that emits a signal at an
alarm site that is audible or visible from the exterior of the structure.
Open Door: Anytime an officer, or citizen discovers a door or window, which is
not properly secured, in a location which is protected by an alarm; and/or, anytime
an officer responds to an alarm and discovers a door or window which is not
properly secured.
Varda: A Varda is a portable self-contained alarm system which is installed by
Washington County Sheriffs Office with the sole purpose of detecting a possible
break-in.
Warning Notice: Warning Notice means a notification provided to the owner or
person in charge of an alarm site by the Washington County Sheriff s Office for
false alarms due to system malfunction or when no reason can be determined for
the false alarm. The warning notice will require that the alarm system be inspected
and or serviced within five working days with written documentation submitted to
the City of Lake Elmo that the system is in working order.
1395.03 Alarm Systems.
Subd 1. False Alarm Warning Notice.
Each time the Washington County Sheriff s Office and/or the Lake Elmo Fire
Department responds to a false alarm due to system malfunction or when no
reason can be determined for such false alarm, the Washington County Sheriff s
Office shall issue a false alarm warning notice.
.,mac Elmo Municipal Code
Chapter 13 — Municipal Regulations
Section 1395 — Alarm Systems
Subd. 2. Service Fee
A service fee for excessive false alarms shall be charged as follows:
A. No service fee shall be charged for the first three false alarms that occur
within a twelve-month period calculated from the date of the first such
alarm.
B. More than three false alarms and up to and including six false alarms
within a twelve-month period shall result in a service fee. Said fee shall be
set from time to time by resolution of the City Council.
C. More than six false alarms within a twelve-month period shall result in a
service fee. Said fee shall be set from time to time by resolution of the City
Council.
D. The City of Lake Elmo based on false alarm response records provided by
the Washington County Sheriff s Office will bill the Service Fee.
Subd. 3. Service Fee Exceptions.
No service fee shall be assessed if the false alarm is:
A. Caused by an electrical storm, tornado, or other act of God where there is
clear evidence of physical damage to the alarm system.
B. Caused by intermittent disruption of telephone circuits beyond the control
of the alarm site owner.
B. Caused by electrical power disruption or failure more than two hours
beyond the control of the alarm owner.
C. At a location where the Washington County Sheriff s Department has
installed the Varda or other similar alarms.
..aKe Elmo Municipal Code
Chapter 13 — Municipal Regulations
Section 1395 — Alarm Systems
Subd. 4. Requirement of Payment of Service Fee.
All false alarm service fees are due and payable within thirty days from date of
invoice. In the event that false alarm service fees are not paid as required by this
ordinance, all delinquent accounts may be certified to the City Administrator who
shall prepare an assessment roll each year providing for assessment of the
delinquent accounts against the respective property served. The assessment roll
shall be delivered to the Council for adoption on or before October 1 of each year.
Upon approval of the assessment roll, the City Administrator shall certify to the
county auditor the amount due. The county auditor shall then enter the amount as
part of the tax levy on the premises to be collected during the coming year. The
action may be optional or subsequent to taking legal action to collect delinquent
accounts.
Subd. 5. Violations
A person commits an offense in violation of this Section if such person suffers or
permits three or more false alarms within a twelve-month period.
Section 2. Effective Date: This ordinance shall become effective upon its passage and
publication according to law.
Lee Hunt, Mayor
Attest
Mary K affn r, City Cler dministrator
Adopted by the Lake Elmo City Council the 15th day of February, 2000.
Published in the Stillwater Gazette Special on the I 6-r day of K" , 2000.