HomeMy WebLinkAboutOrd 1997-10 ORDINANCE 97-10
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA AMENDING THE TOWN CODE
BY ADDING A NEW CHAPTER 18,ALARM SYSTEMS, CONSISTING OF
FOUR NEW ARTICLES, 18-1, GENERALLY, 18-2,ALARM BUSINESSES,
18-3, ALARM USERS, AND 18-4, REVIEW, HEARING AND
MISCELLANEOUS, RELATING TO THE LICENSURE OF ALARM
BUSINESSES AND PROVIDING PENALTIES FOR ALARM USERS FOR
REPEATED FALSE ALARMS.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code is hereby amended by adding a new Chapter 18, Alarm Systems,
consisting of four new articles, 18-1, Generally, 18-2, Alarm Businesses, 18-3, Alarm Users, and 18-
4, Review, Hearing and Miscellaneous, relating to the licensure of alarm businesses and providing
penalties for alarm users for repeated false alarms, to read as follows:
CHAPTER 18-ALARM SYSTEMS
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ARTICLE 18-1 GENERALLY
18-1-1 Purpose
18-1-2 Definitions
18-1-3 Effective Date; exceptions
18-1-4 Administration
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.
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The following words,terms and phrases,when used in this chapter, shall have the meanings ascribed
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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 of Fountain Hills. 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 above, 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 transmits 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.
"Town representative"means an employee or agent of the Town of Fountain Hills, or an independent
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contractor acting on its behalf, who is responsible for the administration and enforcement of this
chapter.
"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(1) or more alarm systems located in the Town of Fountain Hills.
"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 (5)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 of Fountain Dills Marshal's Office 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.
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 of Fountain Hills pursuant to a valid Town of Fountain Hills 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
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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
Marshal or his designee. License and permit applications made pursuant to this chapter shall be
submitted to the Town Marshal, who shall have the authority to issue, deny or revoke a permit or
license in accordance with the provisions of this chapter. The Town Marshal or designee shall be
responsible for review procedures, hearings or related activities provided for in this chapter.
ARTICLE 2 ALARM BUSINESSES
18-2-1 License required; term; fees
18-2-2 Application; investigation
18-2-3 Issuance
18-2-4 Display of license
18-2-5 Equipment and technical standards
4160. 18-2-6 Responsibilities
18-2-7 Notification of public safety agency; response
18-2-8 Revocation; appeals
Section 18-2-1 License required; term; fees.
A. No person shall engage in the activities of an alarm business in the Town without having first
obtained a license as provided by this chapter.
B. The license required by this section shall be in addition to any other licenses or permits
required by the Town,the county or the state in order to engage in business, and persons en-
gaging in activities described in this chapter shall comply with all other ordinances and laws,
including the Town zoning laws, as may be required to be engaged in the business to be
licensed. Failure of an applicant or licensee, as applicable, to meet the requirements of this
subsection shall be grounds for denial or revocation of a license.
C. Licenses issued pursuant to this article shall be for a period of one (1) calendar year and shall
be renewable annually, subject to any terms and conditions provided in this article.
D. Fees for initial license application or renewal shall not be refundable, transferable or prorated.
The initial annual license fee shall be prorated, by quarter, if applicable. The following fees
shall apply to alarm business licenses, and shall accompany initial applications or renewals:
Initial license application $100.00
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Initial annual license and annual renewal 30.00
Criminal history investigation 25.00
E. In the event that a state law is enacted,which provides for the licensing of the activities which
are the subject of this section, and which expressly preempts the Town from requiring a sep-
arate Town license for the same activities, the Town shall refund to any alarm business
licensed under this section an amount representing that portion of the Town license, if any,
preempted by the state law. The amount of the refund shall be prorated as of the date of the
issuance of the preempted state license and shall be determined by multiplying the remaining
portion of the Town license, expressed as a fraction of the current license year by the total
fees paid pursuant to subsection(D), above. Sections 18-2-4 through 18-2-7 of this article
shall remain in full force and effect, notwithstanding any preempting state licensing, except
as any portion of those, provisions may either be expressly or impliedly preempted by the
state law.
F. Upon request and the payment of a ten dollar($10.00) fee, the Town Marshal shall issue a
duplicate license to a licensee whose license has been lost, stolen or destroyed.
G. In addition to the current license fees due, all applicants for licenses under this chapter shall
pay such additional fees as would have been paid if the applicant had previously complied
with its requirements. Fees shall be subject to accrual from the effective date of the chapter
and may be collected from the applicant for a period of not more than four(4)years.
Section 18-2-2 Application; investigation
A. Application for an alarm business license, or a license renewal, shall be made to the Town
Marshal, upon forms prepared and approved by the Town, and contain the following
information:
1. Name,business location, mailing address and telephone number of the alarm business.
2. Names and addresses of any alarm agents employed by the alarm business, identifying
which alarm agents, if any, are registered security guards.
3. Copy of current, active C-12 contractor's license and/or an L67 low voltage
communications license, issued by the state registrar of contractors. Applicants
whose sole business activity under this chapter is the monitoring of alarm systems
shall not be required to possess any state registrar of contractors licenses; however,
such applicants shall provide proof of Underwriters Laboratories (UL) or Factory
Mutual(FM)listing as a licensing requirement. Applicants whose business activities
include both monitoring of alarm systems and alarm system installation and
maintenance, shall comply with all the licensing requirements of this section relating
to those activities.
4. Statement of all prior criminal convictions of the applicant, including alarm agents,
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flior except minor traffic offenses, for the five(5)years immediately preceding application.
5. A description of the applicant's previous experience in activities similar to those for
which the license application is submitted.
6. The name, address and telephone number of the local manager, or managing officer,
if a partnership or sole proprietorship, or statutory agent if a corporation.
7. Certificate of liability insurance, evidencing errors and omissions insurance and com-
bined general comprehensive insurance in the minimum amount of one million dollars
($1,000,000.00), and must specifically cover alarm systems. The insurance carrier is
required to notify the Town if insurance lapses. It is the sole responsibility of the
applicant to determine whether other types or greater amounts of insurance coverage
are necessary to adequately protect its interests and those of the public. This
insurance coverage shall remain in full force and effect throughout the term of the
license.
8. Additional information deemed by the Town Marshal to be reasonably necessary to
fully and fairly evaluate the license application.
B. All applicants for licenses under this article shall personally appear at the Town police depart-
ment or such other location as may be designated by the Town Marshal, for the purpose of
being fingerprinted. For the purposes of this subsection, "applicant" shall include all general
partners, if the applicant is a partnership, the President, Secretary, and Treasurer, if the
applicant is a corporation, and all agents who perform services on behalf of the applicant
within the Town of Fountain Hills. Any applicant residing outside of Maricopa County,
Arizona, shall appear at a local law enforcement agency or authorized fingerprinting facility
within the jurisdiction of applicant's residence for such fingerprinting. The applicant shall
transmit the fingerprints to the Town of Fountain Hills Marshal's Office in an envelope
specified for such purpose and provided by the Town Marshal's Office at the time of
application. The Marshal's department shall conduct a background investigation of the
applicant and shall advise the Town Marshal of the findings of such investigation within the
period allowed for issuance of the license.
C. The duty to provide the information required in paragraphs A and B above is continuing
throughout the license term. The applicant shall notify the Town Marshal in writing within
ten(10)days of employing any agent who performs services on behalf of the Applicant within
the Town of Fountain Hills.
D. The Town Marshal shall have sixty(60) days from the date of completion of all application
materials and requirements to either issue or deny any license subject to this article. The
issuance of any license shall be in no way construed as a waiver of any right of denial or
revocation the Town may have at the time of issuance or thereafter.
cie Section 18-2-3 Issuance
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A. The Town Marshal shall issue a license to an applicant or renew a license, if applicable, when
the following conditions are fully satisfied:
1. All application requirements have been met and the background investigation has been
conducted.
2. All application and license fees have been paid in full.
3. No grounds for denial exist.
B. The following reasons may constitute sufficient grounds for denial of license or denial of
renewal of a license:
1. The applicant has been previously convicted, in any jurisdiction, of a felony or a
misdemeanor within the five-year period immediately preceding the filing of an
original application or a request for renewal. For the purposes of this subsection,
"applicant" shall include all general partners, if the applicant is a partnership, the
President, Secretary, and Treasurer, if the applicant is a corporation, and all agents
who perform services on behalf of the applicant within the Town of Fountain Hills.
A certified copy of the records of any court of competent jurisdiction reflecting the
fact and date of any relevant conviction shall be prima facie evidence of a conviction
for purposes of this chapter.
2. False or misleading information was given in any license application, request for re-
newal or was submitted in support of such application or request, or the applicant
failed or refused to make full disclosure of all required information.
3. The applicant is not a United States citizen or lawful permanent resident alien or an
alien who is authorized to work by the United States Department of Justice Immi-
gration and Naturalization Service.
4. The Town Marshal has reasonable grounds to believe that the licensee has shown a
pattern of repeated noncompliance or disregard with the provisions of this chapter.
5. The applicant fails to meet the continuing disclosure requirements of section 18-2-2
(C).
Section 18-2-4 Display of license
The license shall be kept and maintained at the central station or office of the alarm business and it
shall be made available to Town representatives, upon request, at any time during normal business
hours.
Section 18-2-5 Equipment and technical standards
The following standards shall apply to alarm systems sold,installed or maintained by alarm businesses
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on or after the effective date of this chapter:
A. All major components of alarm systems shall be Underwriters Laboratories (UL) or Factory
Mutual (FM) approved, or in "approval pending" status.
B. All alarm systems shall be installed using good workmanship and shall be designed to reduce
false alarms.
C. All alarms systems shall have a backup, rechargeable power supply.
D. Motion detectors and photoelectric beam detectors may only be installed by agents or
technicians who have been trained in the proper installation of such devices by the
manufacturer or in a class organized for teaching alarm technologies.
E. Burglar alarm systems must be designed to alert the user of possible system problems when
the user tests or attempts to activate the alarm system.
F. Audible burglar alarms shall be designed to emit audible sound no longer than ten (10)
minutes from the time the alarm is activated.
G. Audible and monitored(transmitted) alarms shall be designed to have distinguishable alarms
for burglary and fire.
H. Ionization type detectors shall not be connected to a monitored alarm system.
I. No alarm business shall place in service or monitor an alarm system that is known to be
defective or contains defective components such as depleted batteries.
J. Automatic dialing devices may not be programmed to any telephone number in the Town
government, including, without limitation the police department or the fire department.
Section 18-2-6 Responsibilities
A. Any alarm business which installs or replaces an alarm system shall have a valid C-12
contractor's license and/or L67 low voltage communications license, unless the installation
or replacement is performed by the owner or a tenant of the premises where the installation
is being made.
B. Upon the completion of the installation of an alarm system, the alarm business shall inspect
and test all equipment and take or cause to be taken corrective action necessary to prevent
the occurrence of false alarms.
C. Any alarm business that has a service or maintenance agreement with an alarm user, shall
provide repair service to the subject alarm system within twenty-four (24) hours of being
cr►, notified that the alarm system is in need of repair or service. Any alarm business that has a
service or maintenance agreement with an alarm user shall be available for notification of a
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need for repair service or repair twenty-four(24)hours a day, seven(7) days a week.
D. An alarm business shall provide an alarm user with a written report any time the alarm
business performs any type of service, maintenance or inspection to the alarm system. The
report shall describe the reasons for the service, maintenance or inspection, any problems
diagnosed and any actions taken.
E. An alarm business that installs an alarm system shall provide the primary alarm user with
complete instruction, including specific written operating instructions, or a videotape
presentation of the same,that provides reasonable guidelines to aid the user in correctly using
the alarm system installed by the alarm business.
F. The alarm business shall provide the primary alarm user with a method of prearranging
burglar or fire alarm system tests.
G. Alarm businesses that provide monitoring, maintenance, repair or service to the alarm user
shall maintain the following records, as applicable, for inspection by the Town for two (2)
years from the time the service is performed:
1. The name and address of the owner or occupant of the premises, the name and tele-
phone number of the user, a primary and at least two (2) alternative persons respon-
sible for responding to the premises when the alarm is activated.
2. Documentation certifying that each alarm user for which an installation has been com-
pleted has received the instruction required by subsection(E), above.
3. A record of all activities and action taken to correct false alarms and events.
H. An alarm business which leases, monitors, or services an alarm system with an audible
sounding device shall conspicuously place on the outside of the premises a sign or decal
identifying the name of the alarm business and the telephone number to call when the alarm
has been activated. The telephone number shown shall be updated as necessary to reflect
accurate, current information.
Section 18-2-7 Notification of public safety agency; response
A. When an alarm business receives an alarm notification, it shall call back the premises from
which the alarm signal was activated and verify activation with an authorized user, prior to
notifying public safety dispatch, except when the type of alarm activated might make
verification inappropriate(fire or panic alarm). When the fire department or police department
is notified of an alarm condition by an alarm business, the following information shall be
provided:
1. The name and address of the alarm user.
2. The type of alarm.
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3. The area protected by the alarm.
4. The estimated time of arrival of the alarm user or agent if requested.
B. The responsible alarm business shall deactivate any audible alarm within ten(10) minutes of
notification of its activation.
C. When requested to do so by the police department, an alarm business shall arrange for the
alarm user's responsible party representative to go to the premises of an activated alarm
system within twenty(20) minutes of the activation of the alarm to be available to assist the
fire or police department in determining the reason for the activation and securing the
premises.
D. An alarm user or alarm agent shall respond to the scene of an alarm activation as expedi-
tiously as safety permits, but without unnecessary or unreasonable delay.
E. The alarm business or alarm agent shall cause alarm sounding devices to be disconnected from
the alarm system prior to repairing or testing of system equipment, except when the sounding
devices are being repaired or tested.
F. The alarm user shall, and an alarm business may, notify the Town, in writing, when an alarm
business has ceased to lease, rent, maintain, service or monitor the alarm system and that the
service has been terminated, or is being provided by another alarm business. The alarm user
shall identify any alarm business which is providing replacement services.
Section 18-2-8 Revocation; appeals
A. The Town Marshal shall initiate license revocation proceedings when there are reasonable
grounds to believe that any of the conditions of section 18-2-3(B)(1)-(5) exist.
B. Any person aggrieved by any decision with respect to either the denial of or refusal to issue
a license, or the renewal of a license, or revocation of a license, which is the subject of this
chapter, shall be entitled to appeal to the Town Council. All notices of appeal under this
chapter shall be filed with the Town Marshal.
ARTICLE 18-3 ALARM USERS
18-3-1 Service charges
18-3-2 Remedies
Section 18-3-1 Service charges
fir►, A. Public safety alarm response service charges ("service charges") shall be assessed against
alarm users, except as otherwise provided herein, for each calendar year, as follows:
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Activations Service Charge
Lir
First and second None
Third $30.00
Fourth and fifth $60.00 each
Sixth through ninth $100.00 each
Tenth or more $200.00 each
B. No service charges shall be assessed pursuant to subsection(A) above for alarm activations
which occur within the first thirty(30) days of the following:
1. Installation of a new alarm system; or
2. New occupants moving into a residence with an existing alarm system.
C. No service charges shall be assessed for an alarm activation that results in the preparation of
a report by the police department, or the fire department, in response to the activation.
D. All service charges shall become due and payable when a statement of charges is mailed to
the customer and, except when specific arrangements are made in advance, shall become
delinquent twenty-one (21) days after being mailed. A late charge of ten dollars ($10.00)
shall be assessed for delinquent payments.
E. Records of service charges assessed against any alarm user, or premises, shall be deemed
confidential and may only be disclosed to the alarm user, an alarm business presently having
some responsibility for the alarm system that is the subject of the permit and Town
representatives, including members of the police and fire departments, acting in their official
capacity.
Section 18-3-2 Remedies
All remedies prescribed by this chapter are cumulative and supplemental and the use of one (1) or
more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing
this chapter. This chapter shall not be construed to limit the right of the Town to sue in a court of
competent jurisdiction for appropriate relief, either legal or equitable, for the nonpayment of
assessment fees, and to recover attorneys fees and costs for bringing such actions, as may be provided
by law.
ARTICLE 18-4 REVIEW, HEARING AND MISCELLANEOUS
18-4-1 Service charge review
18-4-2 Hearing; notice
18-4-3 Decision of hearing officer; notice
18-4-4 Offenses; penalty
18-4-5 Severability
18-4-6 Liability of Town Limited
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Section 18-4-1 Service charge review
An alarm user may file a written request for a service charge review by the Town Marshal or her
designee. The request for service charge review must be received by the Town Marshal not later than
the delinquent date for the payment of the assessment for which the review is being sought. Requests
received after the delinquent date shall be deemed untimely and the rights of service charge review
and hearing shall be deemed waived as to those assessments.
A. The service charge review request shall include a statement of the reason or reasons that the
alarm user believes justify reduction or waiver of the service charge. The alarm user shall
describe, if applicable, what actions have been taken to discover and eliminate such alarm
activations in the future.
B. Grounds for alarm service charge reduction or waiver are an act of God, a power outage not
caused by the alarm user, or a valid alarm activation, where a report is prepared by the police
department or the fire department.
C. An alarm user may present evidence that a series of concurrent alarm activations were caused
by a "common cause," which could not have been reasonably corrected before subsequent
activations occurred, in which case, the activations shall be counted as a single activation.
This provision shall only apply to commonly caused activations occurring within a forty-eight-
hour period, commencing with the first commonly caused activation, provided that the
responsible alarm business has documented, to the Town Marshal, the action taken to rectify
the cause and there are no additional activations of the alarm system from the documented
cause within thirty(30) days from the documented cause.
D. The alarm user shall be notified, in writing, of the findings of the reviewer. In the event that
good cause for relief has been shown, the service charge will be reduced or waived. In the
event that good cause for relief is not shown, the alarm user will be advised that the service
charge or service charges, as applicable, are due and payable on receipt of the notice.
Section 18-4-2 Hearing; notice
A. Any party aggrieved by the decision resulting from a service charge review may request a
hearing on the service charge by filing a written request for a hearing within ten(10) days of
receipt of decision of the reviewer. The request shall be filed, in writing, with the Town
Marshal or his designee.
B. The request for hearing shall include a statement of the reason or reasons that the alarm user
believes justify reduction or waiver of the service charge. The alarm user shall describe, if
applicable,what actions have been taken to discover and eliminate such alarm activations in
the future.
C. The request for hearing an appeal shall be accompanied by a filing fee for each service charge
being appealed,in an amount equal to the service charge or, if no service charge is applicable,
twenty dollars($20.00). Filing fees shall be refunded to the alarm user if the service charge
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to which the filing fee relates is waived or reduced as a result of the hearing. If the service
charge is not waived or reduced as a result of the hearing, the filing fee will be applied against
the service charge or any service charge balance of the alarm user.
D. The Town Magistrate shall be hearing officer for the purposes of this chapter. A hearing shall
be set no later than thirty (30) calendar days from the date on which the notice of appeal is
filed.
E. The hearing shall be informal and shall proceed as determined by the hearing officer, who shall
have the authority to determine length of the hearing, the manner of presenting evidence, and
the order of evidence. No formal rules of evidence shall be required in conducting the
hearing. Both the alarm user or the Town shall be entitled to be represented by counsel at the
hearing.
F. The alarm user may present witnesses and written evidence in support of his or her position,
subject to any limitation imposed by the hearing officer.
G. A member of the Town staff may attend the hearing to assist the hearing officer in under-
standing the status of the account in question and to explain the service charge. Additional
evidence and witnesses may be offered by the Town, subject to any limitation imposed by the
hearing officer, in support of the service charge or related matters.
Section 18-4-3 Decision of hearing officer; notice
A. The decision of the hearing officer shall be based upon the evidence presented and shall be
rendered within ten(10)days of the completion of the hearing. The hearing officer may either
affirm of deny the service charge and shall give the alarm user written notice of the decision.
B. In the event that the hearing officer finds that there are no grounds justifying relief from the
service charge, it shall be due and payable, less any filing fee which has been paid as a
condition of the request for hearing, within ten(10) days of the notice of the decision of the
hearing officer. The hearing officer shall have the authority, however, to waive all or part of
a service charge that has been affirmed, if an alarm user voluntarily agrees to attend
appropriate training, or undertake appropriate alarm system maintenance or repairs. The
hearing officer may require documentation of any of these required actions.
C. In the event that the hearing officer finds that grounds exist justifying relief from the service
charge the alarm user shall not be responsible for payment. Any filing fees paid as a condition
of the hearing shall be returned by the Town, unless the alarm user owes other sums to the
Town,whether from alarm service charges or otherwise, in which case the Town may retain
the fees and apply them against the amount owing.
Section 18-4-4 Offenses; penalty
(law A. It shall be unlawful for any person to engage in, represent themselves to be, or operate as, an
alarm agent without first applying for and receiving a license in accordance with the
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provisions of this chapter.
B. Any violation of subsection 18-2-1(A) or 18-4-4(A) shall be a class one misdemeanor,
punishable by up to six (6) months in the county jail, or a fine in the amount of twenty-five
hundred dollars ($2,500.00), or both. When the violation does not consist of a discrete act
or acts,but is, in fact, continuing in nature, each day such violation continues shall constitute
a separate offense.
C. The revocation of a license or permit, or pending revocation proceedings, shall not be a de-
fense to prosecution under this chapter.
Section 18-4-5 Severability
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter. The Town council of the Town
of Fountain Hills declares that it would have adopted this chapter and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one(1) or more sections,
subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
Section 18-4-6 Liability of the Town Limited
The police department shall take every reasonable precaution to assure that alarm notification
�r received are given appropriate attention and are acted upon with dispatch. Nevertheless, the Town
shall not be liable for any failure or neglect to respond appropriately upon receipt of an alarm
notification, for any failure to discover, after reasonable diligence, a criminal background of an
applicant for a alarm license, or the failure or neglect of any person with a license issued pursuant
to this Chapter or with a franchise in connection with the installation and operation of equipment, the
transmission of alarm signals, or the relaying of such signals and messages. In the event the Town
finds it necessary to order the revocation of an alarm license, the Town shall incur no liability by such
action.
Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not effect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 3rd day of April, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
ettivIL\i3
William J. O'Brien, e Mayor Cassie B. Hansen, Town Clerk
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REVIEWED BY: APPROVED AS TO FORM:
'7JX7z11;--;
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
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