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Alarm Press Release
In May of 1996, the Gadsden City Council passed an ordinance governing the installation and use of alarm systems in the City of Gadsden. After more than a year long "education period" the Gadsden Police Department began enforcing this ordinance in 1998.
During the period of January 1st through October 1, 1999 the Gadsden Police Department responded to more than two thousand six hundred alarm calls. More than 99% of these were false alarms.This creates some very serious problems.
Officers are responding to these alarm calls (in many cases) using lights and siren because of the high priority of alarm calls. This type of response creates an increased risk to the officers as well as the other motorists on the roadways. This risk is senseless if the alarm (as most are) is false. False alarms cause police response to alarm activations to be less reliable. These false alarms take officers away from other pressing matters. False alarms are a nuisance to alarm users as well as their neighbors.
More than 80% of all false alarms are caused by USER ERROR.
Gadsden`s alarm ordinance requires that all alarms installed or used in the City of Gadsden be registered with the police department. This permit is valid for three years at a cost of fifteen dollars ($15.00) and may be obtained at the Records Section of the Gadsden Police Department.
Alarm companies installing alarm systems are responsible for obtaining the permit PRIOR TO INSTALLING a new alarm system and the alarm user of existing systems is responsible for obtaining the permits for those.
Under city ordinance the police department will only respond to those alarms that are registered and permitted.
Gadsden`s Alarm Ordinance
ORDINANCE NO. 2002372.2
Regarding Regulation of Fire and Burglary Alarms
Whereas, the Gadsden Police Department desires to eliminate fire and burglary alarms that ring directly into and are interconnected with the city central communications system, and to make other changes to the regulations regarding alarm systems;
Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Article XII of Chapter 7 of the Code of Ordinances of the City of Gadsden (Sections 7-270 through 7-283) is amended to read, as follows, including a new section designated as Section 7-284:
ARTICLE XII. ALARM SYSTEMS
Alarm or alarm system: Any mechanical or electrical device which is designed or used to emit a sound or signal signifying the occurrence of an unauthorized entry, fire, or other occurrence requiring urgent attention and to which emergency units of the city are or may be expected to respond.
Alarm user: The person who owns, leases or controls any building, structure, or facility wherein an alarm is installed and maintained.
Audible alarm: Any alarm which, when activated, generates a sound in a place open to the public or which is audible beyond the premises in which it is installed.
Communications center: The facility used by the city to receive emergency and general information from the public to be dispatched to the respective emergency units and other departments utilizing the city`s communications system.
False alarm: Any activation of an alarm system reasonably designed to require a response by emergency units of the city, except an alarm resulting from one of the following causes:
(1) Criminal activity or unauthorized entry. (2) Fire. (3) Earthquake causing structural damage. (4) High winds causing structural damage. (5) Flooding of protected premises. (6) Lightning causing physical damage to the protected premises. (7) Maintenance of alarm devices, provided that the city communications center is first notified before any testing or maintenance work. (8) Unforeseen power failure, which is part of a widespread power outage.
Permit required.
(b) No person shall install an alarm system in any structure unless a current alarm permit is visible at the installation location and the customer has an installation consent form signed and dated by the police department. The consent form is valid for 90 days. When that period expires, another consent form must be obtained before an alarm system can be installed.
(1) Failure to comply with this section will result in a $100.00 service charge per occurrence to the alarm installer. (2) Three violations of this section in a 12-month period is ground for the fire chief or police chief to suspend the installer from installing any new alarm system in the city for a period of up to 30 days. The 12-month period will be calculated from January 1, if no previous violation has been recorded, or from the date of the oldest violation that has been recorded.
(c) The alarm system installer will notify the police department, in writing, of the date that the system is installed, the installation consent form number and verify that the system is in good working order.
Alarm permits shall be issued only for reported alarm systems. A reported alarm system is activated by report to the communications center from an individual or a alarm monitoring company. No new permit will be issued for an interconnected alarm system after January 1, 2003. An interconnected alarm system is activated by a direct line to the communications center.
(1) The full name, home address and telephone number, business address (if the alarm is being installed in a place of business) and telephone number of the alarm user.
(4) The type of alarm to be used, the type of signal or impulse emitted when actuated, the manufacturer of the device, and other identifying information as appropriate.
(5) The name, address, and telephone number of the alarm installer and, if different, of the company which will service or maintain the alarm.
(6) The name, residence address and telephone number, and business address and telephone number of at least two (2) responsible adults who may be contacted by either the police department or the alarm company if the alarm is actuated and the alarm user cannot be located. These individuals must be able within 15 minutes after being contacted, day or night, to contact the alarm user, or, in the absence of the alarm user, secure the premises after the police investigation or other city response to an emergency is completed. At least one (1) of these individuals must live in the city. If the alarm is monitored by an alarm company which has authority to and has contracted to secure the premises at any time that it becomes necessary, then contact information for that company will be sufficient in lieu of information on two individuals.
(7) Such other relevant information as the police chief or fire chief may reasonably require.
(8) The signature of the alarm user and the signature of the individual or agent of the company, if any, installing the alarm.
(b) Transferability. Alarm permits are not transferable. Each applies only to the premises for which it is granted and only so long as the person to whom it is granted remains in possession of the premises.
(c) No fees suspended or refunded. No fee shall be abated or reduced for a period of service interruption. No fees shall be refunded in the event of termination or disconnection of any alarm system for any reason.
(d) Term of permit. An alarm permit is valid for three (3) years, being issued on a calendar year basis, beginning in January 1 of the year of issuance.
(e) Renewal. Application for a renewal permit is made in the same manner as application for the initial permit. Upon payment of the permit fee and receipt of the application form, the police department shall issue renewal permits to all whose prior permits have not been revoked or suspended.
(f) Maintaining current information on file. The alarm user shall notify the police department within three days, in writing, of any change in the information contained in the application form on record. Failure to notify the police department may result in suspension of the permit.
(2) Interconnected alarm. For each interconnected alarm system the annual fee is one hundred twenty dollars ($120.00). The fee is due on or before January 1 of each year. A notice that payment is due shall be sent by the police department each year.
(b) Reported alarm. For each reported alarm system the fee is fifteen dollars ($15.00) for each three-year period. The fee shall not be prorated in the event that the permit is issued at a time other than January 1. The permit shall be issued to the alarm user, even if the alarm is monitored by an alarm company.
(a) Service charge for repeated false alarms. If an alarm generates repeated false alarms, the alarm user shall pay to the city a service charge of one hundred dollars ($100.00) for the sixth false alarm in a twelve-month period and twenty-five dollars ($25.00) for each false alarm thereafter during the same twelve-month period. False alarms occurring during the first thirty (30) days after an alarm is installed shall not be counted for the purposes of this section. The service charge shall be due by the tenth day of the month following written notice of the assessment. All service charges will be doubled after the twelfth false alarm received in a twelve-month period.
(1) If an alarm generates more than twelve (12) false alarms within a twelve-month period, not counting those occurring within thirty (30) days of its installation, or if the police department or fire department is unable to obtain assistance in securing the premises following a response to the alarm, or if there is any other violation of this article, then the chief of the appropriate department may revoke the permit for that system.
(2) Any alarm system that generates 24 false alarms within a three-year period will have its permit revoked. If the permit is revoked on this basis, the alarm system must be disabled from activation (including audible alarms) or notifying any outside company or the police department. Any alarm user whose permit is revoked under this provision may not apply for another alarm permit or install an alarm system for a period of one (1) year.
(3) If a permit is revoked, for any reason, the following must occur before the revocation will be lifted.
a. Every person that occupies or uses the premises and may have occasion to use the alarm system must be instructed and trained by the company that installed the alarm system regarding its proper use and operation and the penalties for non-compliance. The alarm installer must certify in writing to the alarm user and the police department that this training has been provided to the named individuals.
b. Any new employee of an alarm installer must be certified as being licensed by the State of Alabama Electronic Security Board of Licensure and as having received at least four hours of in-house training in the proper use and operation of the system and the penalties for non-compliance before being allowed to work. The alarm installer will provide a copy of this certification to the police department within five days of completion.
(c) Written notice of assessment or revocation. The chief of the appropriate department, or his/her designee, shall send written notice of an assessment or permit revocation under this section by certified mail to the alarm user and the alarm company, if any, responsible for monitoring the alarm system. The notice shall set out the consequences of the assessment or revocation and the method of appealing it.
(d) Effects of revocation of permit. If a permit for an interconnected alarm system is revoked, the system`s connection to the communications center shall be terminated. If the permit for a reported alarm system is revoked, then the alarm user shall promptly disconnect or disable the system. No emergency service shall be provided by the city solely in response to activation of the alarm system, though emergency service will be provided to the premises on the same basis as it is provided to other locations without alarm systems.
(e) Hospitals, nursing homes, senior citizen facilities and schools. Notwithstanding any provisions of this article, no hospital, nursing home, multi-unit senior citizen housing facility, jail, school (both primary and secondary) or child care facility licensed by the Alabama Department of Human Resources and caring for more than five (5) children shall be subject to permit revocation or termination of alarm response service. No service charges will be applied until the sixth false alarm in a twelve-month period and then at the rate of $25.00 per occurrence. However, the chief of the department affected by repeated false alarms from such a facility may order that the service charge be doubled for false alarms after the tenth false alarm in a twelve-month period, not including those during the first thirty (30) days after installation of the alarm. This section does not apply to post-secondary educational facilities, both publicly and privately owned and/or funded.
(1) To chief of police department or fire department. Within fourteen (14) days of the receipt of written notice of an assessment or permit revocation under this section, the alarm user may apply in writing to the fire chief, in the case of a fire alarm, or the police chief, in the case of any other alarm, for reconsideration of the assessment or revocation. The chief, for good cause shown, may determine that the assessment or revocation was made in error or may postpone or waive the assessment or revocation, and may condition such postponement or waiver on compliance with reasonable conditions. The chief shall respond to the request for reconsideration within seven (7) days after receiving it. If no timely response is received from the chief, then the request shall be deemed denied.
(2) To city council. Within fourteen (14) days after receiving the chief`s decision or after the time for his ruling has expired, the alarm user may appeal the decision to the city council by notifying the city clerk in writing of such appeal. The city council shall conduct a hearing on the appeal within twenty-eight (28) days and shall hear evidence presented by the appellant and by the appropriate chief or his representative. The council may affirm the decision of the chief or may enter any other decision which could have been entered by the chief.
If a permit to operate an alarm system is revoked, it shall be unlawful for the alarm user to fail to disable the alarm or in some manner to assure that the activation of the alarm will not cause a sound audible to the public nor generate a signal which will be received by or reported to the communication center.
A current copy of the alarm regulations established in this article will be provided to the alarm user each time an alarm permit is issued. The alarm user must sign for the copy of the regulations. Every alarm installation or monitoring company that is licensed to do business in the city will be sent a copy of the regulations, by personal delivery or by first class mail, whenever this article is amended. A current copy of the regulations will be posted on the police department’s internet website.
Pawn Shop Ordinance
ORDINANCE NO. O-56-01
Regulating Pawnshops and Reports to Police Chief
by Requiring Electronic and Computerized Reporting
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
ARTICLE V. AUCTIONS; PAWNBROKERS
DIVISION 3. PAWNBROKERS
Definition.
A pawnbroker is any person engaged in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
Those entities who are exempt from regulation under the Alabama Pawnshop Act, Alabama Code Sections 5-19A-1 et seq. are also exempt from the regulations under this division.
Unless otherwise herein defined, the terms in this division have the same meaning as provided in the Alabama Pawnshop Act.
Registration.
Every person engaged in the business of a pawnbroker is required to register with the police chief and provide the following information:
(1) Name of the business, if other than an individual.
(2) Name of the individual responsible for the operation of the business.
(3) Location and hours of operation of the business.
(4) Residence address of person responsible for operation.
(5) Permanent location for entity operating the business.
(6) Names of each employee intended to be engaged in the business.
Business license.
Each person registering as a pawnbroker must comply with the licensing requirements of the Alabama Pawnshop Act and obtain a business license from the ciry revenue department.
Bond.
No person shall carry on or conduct the business of a pawnbroker in the city unless he gives a bond for one thousand dollars ($1,000.00), payable to the city and approved by the city, conditioned that he will in every particular conform to the provisions of this article and any other regulation which may be passed concerning pawnbrokers. Every person injured by him in any dealing or transaction with him as a pawnbroker shall have a right of action on such bond until the penalty is exhausted.
Record of property received.
Every pawnbroker shall keep at his place of business a record in which he shall enter in writing a clear and accurate description of all property received on deposit, pledge or purchase, particularly mentioning any prominent or descriptive marks, model number and serial number, the time when received and the name and place of residence of the person from whom received. This record shall be kept in a clean and legible manner, and no entry therein shall be falsified, erased, obliterated, defaced or removed.
Hours of business.
It shall be unlawful for any pawnbroker to open his place of business between the hour of 8:00 p.m. and 8:00 a.m. on any day except on Saturdays and during the month of December, during which time the mandatory closing time of 8:00 p.m. shall be extended to midnight; provided, however, the business shall be closed on Sunday.
Inspection of record and pawned property.
Every pawnbroker shall, during the ordinary hours of business, when requested by the mayor, chief of police or any police officer of the city, submit and exhibit to his inspection the book required by section ### to be kept and shall exhibit any property that may have been left with or received by him.
Reports to chief of police.
Every pawnbroker within the city shall report to the chief of police, a description of every article or thing received by him in pawn, pledge, trade, purchase, or consignment, on the business day immediately preceding the filing of such report in a manner and time as set out herein. Reports shall be made every day (except Sunday) before the hour of noon. Business done on Saturday shall be reported before noon on the ensuing Monday.
(1) Computerized reporting of pawnshop information.
a. From and after the date called for by the phase-in schedule in subsection (1)c., every pawnbroker, except those exempted by operation of subsection (2) herein, shall, before noon of each day, transmit to the chief of police by means of electronic transmission through a modem or similar device, or by delivery of a computer disk, in such a format that the data are capable of direct electronic entry into the police department's computerized system for identifying and tracing lost, stolen, and sought-after property, the information section ##### requires be recorded concerning all transactions in which the licensee received used goods the preceding day by pawn, trade, purchase, or consignment.
b. The police chief shall establish the format and requirements for the transmission of data and may restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under subsection (1)a. herein shall not be reported on paper forms unless the police chief so requests. Each pawnbroker shall pay a fee of fifty cents ($0.50) per transaction required to be electronically reported if the electronic report transmitted to the chief of police is erroneous, duplicative, or in an incorrect or incompatible format, or if no electronic report of the transaction is transmitted.
c. Pawnbrokers shall report their transactions electronically to the police chief as required by subsections (1)a. and b. herein from and after the following dates:
1. For each pawnshop for which a pawnbroker license is first obtained on or after the effective date of the ordinance from which this section derives, effective upon commencing business.
2. For each pawnshop for which a pawnbroker license was first obtained before the effective date of the ordinance from which this section derives, that maintains a computerized record-keeping system for its own record of transactions, no later than one month after the adoption of the ordinance from which this section derives.
3. For each other pawnshop for which a pawnbroker license was first obtained before the effective date of the ordinance from which this section derives, not later than October 1, 2001.
The chief of police may for good cause shown grant a pawnbroker an extension of the deadline to a date not later than January 1, 2002. An extension may only be granted: Upon written application by the pawnbroker; upon a showing that the pawnbroker is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission; and upon agreement by the pawnbroker to pay to the city a fee of fifty cents ($0.50) per transaction reported after the otherwise applicable deadline to offset the city police department's costs in converting the data from paper format into electronic form.
(2) Noncomputerized report of pawnshop information. Pawnbrokers need not report electronically transactions taking place at a business location where the number of pawn transactions in no week exceeds ten (10) (calculated from each Monday through the next Sunday, inclusive). A pawnbroker reasonably believing a location at which he or she conducts a pawnshop qualifies under this subsection for exemption from computerized reporting and wishing to be exempt from the requirement of subsection (1) shall sign, under penalty of perjury, a declaration to that effect in a form developed by the police chief. Once the declaration is signed, so long as the volume of transactions does not exceed ten (10) each week, pawn transactions taking place at that pawnshop need not be reported electronically, but the pawnbroker must comply in all respects with section 7-134, and must pay to the city the sum of fifty cents ($0.50) per pawn transaction to offset the police department's costs in converting the data from paper format into electronic form. If, in any two (2) weeks in any consecutive three-month period, the number of pawn transactions at such pawnshop exceeds ten (10), then the pawnbroker shall cease conducting pawn transactions at that business location until a computerized system is in place and pawn transactions are being reported electronically in compliance with subsection (1).
(3) Amendments to reports and formats. If, after establishing the format and requirements for the transmission of computerized reports of transactions, the police chief alters the required format, pawnbrokers shall be given at least thirty (30) days to comply with the new format requirements.
Punishment for violation.
Every person, firm or corporation, agent or employee thereof who violates the provisions of this division shall be punished as provided in Section 1-7 of the Code of Ordinances; provided, however, that the minimum fine shall be one hundred dollars ($100.00).
Suspension or revocation of license.
(a) After notice and hearing, the police chief may suspend or revoke a license upon a finding that:
(1) The pawnbroker, either knowingly or without the exercise of due care to prevent the same, has violated this division.
(2) A fact or condition exists which, if it had existed or had been known at the time of the original application for a license, would have justified the refusal to issue a license.
(3) The licensee has aided, abetted, or conspired with an individual or person to circumvent or violate the requirements of this division.
(4) The licensee or a legal or beneficial owner of the license has been convicted of a crime that the police chief finds directly relates to the duties and responsibilities of the occupation of a pawnbroker.
(b) The police chief may conditionally license or place on probation a person whose license has been suspended or may reprimand a licensee for a violation of this division.
(c) The police chief may reinstate a suspended license or issue a new license to a person whose license has been revoked if no fact or condition then exists which would have justified the refusal to originally issue a license.
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