18-1-3 Effective Date; Exceptions
Section 18-1-1 Purpose
Alarm systems of various types are used by private citizens, businesses and other commercial enterprises to alert police and fire departments to the occurrence of events requiring the response of public safety personnel. Alarms that are improperly installed, maintained or operated often cause false alarms which require the response of public safety personnel. The time spent by public safety personnel in responding to alarms, when no such response is actually required, is substantial, costly, wasteful and a detriment to the community at large. The purpose of this chapter is to regulate alarm business and alarm user conduct to reduce the waste of community public safety resources. This chapter is also for cost recovery purposes.
Section 18-1-2 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:
"Activation" means setting off or triggering an alarm system, whether intentionally or unintentionally, but not placing an alarm system in a state of readiness, as upon the completion of installation or when arming the alarm.
"Act of God" means an unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, which cannot be prevented by reasonable care, skill or foresight and is recognized as being of such magnitude that it would have widespread effect.
"Agent" means any person, whether an employee, independent contractor or otherwise, who acts on behalf of an alarm business and installs, maintains, services, monitors or repairs any alarm system in or on any building, place or premises.
"Alarm business" means a business, all or a part of which sells, leases, installs, monitors, maintains, services, repairs, alters or responds to any alarm system, in or on any building, structure or facility within the town. A business which manufactures or sells alarm systems from a fixed location is not an alarm business if it does not engage in the activities indicated in this definition, or if it does not design any scheme for physical location and installation of an alarm system in a specific location and has no alarm agent visit the location where an alarm is to be installed.
"Alarm system" means any mechanical or electrical device, including but not limited to, those used for the detection of smoke, fire, hazardous materials or unauthorized entry into a building or other facility, or for alerting others of the occurrence of fire, or a medical emergency or the commission of an unlawful act within a building or other facility and which is designed to emit an outside audible alarm or to transmit a signal or message when actuated. Alarm systems include direct dial telephone devices, audible alarms and proprietor alarms. Alarm systems specifically exclude telephone call diverters and systems designed to report environmental and other occurrences that are not intended to alert, or cause others to alert, public safety personnel.
"Alarm user" means any person who purchases, leases, contracts for, otherwise obtains or uses an alarm system and includes proprietor alarms that are not leased from, owned by or maintained under a contract by an alarm business.
"Audible alarm" means a device designed to generate an outside audible sound when an alarm system has been activated.
"Automatic dialing device" means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message or any other signal, when activated, over a telephone line, radio or other communication system for the purpose of notifying, or causing to be notified, public safety personnel.
"Burglary alarm system" means an alarm system which signals an entry or attempted entry to the area protected by the system.
"Emergency medical alarm system" means a manually activated alarm system designed to signal a medical emergency and to summon medical assistance.
"Fire department" means the Fountain Hills Fire District or, in the event that the town shall provide its own fire service, that organization.
"License" means an alarm business license issued pursuant to this chapter.
"Monitored alarm system" means an alarm system that transmits signals to an alarm business or monitoring agency for the purpose of alerting public safety personnel.
"Monitoring agency" means any person or organization that is legally or contractually responsible for monitoring one or more alarm systems located in the town.
"Nonmonitored alarm system" means those alarms that are not monitored by a monitoring agency.
"Notice" means written notice, either delivered or mailed to the person to be notified at his last known address. Notice which is mailed shall be deemed given upon receipt or five working days after mailing, whichever occurs first.
"Permit" means an alarm user permit issued pursuant to this chapter.
"Permittee" means a person or organization which holds a permit.
"Police" means the town law enforcement agent or the Maricopa County Sheriff’ s Office.
"Primary alarm user" means the person or persons who contracts for the lease, purchase or rental of an alarm system; or who is responsible for the premises where an alarm system is located or who otherwise arranges for the installation or service of an alarm system.
"Proprietor alarm system" means any alarm system which is not leased or rented from, owned or maintained under contract by an alarm business.
"Robbery alarm system" means an alarm system which is used to signal a robbery, attempted robbery or other crime in which a personal confrontation may be occurring, and which may include the use of a panic button activation device or alarm system duress feature.
"Town representative" means an employee or agent of the town, or an independent contractor acting on its behalf, who is responsible for the administration and enforcement of this chapter.
(06-14, Amended, 05/18/2006)
Section 18-1-3 Effective Date; Exceptions
A. The effective date of this chapter shall be June 1, 1997. Any alarm business operating within the town pursuant to a valid town business license prior to this effective date which continues to operate as such after June 1, 1997, shall apply for a license under this chapter no later than July 1, 1997. Such alarm business shall be permitted to operate as if lawfully licensed under this chapter until such time as the application required by this subsection is granted or denied.
B. The provisions of this chapter shall not apply to audible alarms installed in or used in motorized transportation, including, without limitation, motor vehicles and boats.
Section 18-1-4 Administration
The administration of this chapter, including the duty of prescribing forms, is vested in the town law enforcement agent or authorized designee. License and permit applications made pursuant to this chapter shall be submitted to the town law enforcement agent or authorized designee, who shall have the authority to issue, deny or revoke a permit or license in accordance with the provisions of this chapter. The town law enforcement agent or authorized designee shall be responsible for review procedures, hearings or related activities provided for in this chapter.
(06-14, Amended, 05/18/2006)