ARTICLE 3. PRIVATE EMERGENCY ALARM SYSTEMS.

4-70 Purpose.

It is declared to be the purpose of this article to reduce the number of false alarms activated by private emergency alarm systems.

4-71 Definitions.

Alarm. An audible or mechanical or electrical signal from a detection system which indicates a disturbance of the detection system or some other activity that requires urgent attention.

Alarm System.

(1) Any assembly of equipment which is designed or functions to provide an audible or mechanical or electrical signal which indicates a disturbance or some other activity that requires urgent attention.

(2) For the purposes of this article, an alarm system shall not include:

a) An alarm installed on a motor vehicle.

b) A smoke detector not connected to an automatic dialing device.

Alarm User. Any individual, corporation, partnership or other legal entity in ownership or control of an alarm system.

Automatic Dialing Device. Any device connected to an alarm system which automatically sends a prerecorded message or coded signal to a selected telephone number indicating the need for an emergency response.

Emergency Response Personnel. An employee or employees of the Carmel Police Department, Carmel Clay Fire Department or Carmel Clay Communications Center who routinely respond to a summons for assistance when there is a reasonable belief that the need exists.

False Alarm. An alarm eliciting an emergency response when the situation does not require emergency services. For the purposes of this chapter, this does not include alarms triggered by severe atmospheric conditions or other circumstances not reasonably under the control of the alarm user, installer or maintainer.

Permit Holder. The individual, corporation, partnership or other legal entity to whom an alarm system permit is issued.

4-72 Alarm System Permit Required.

(a) It shall be unlawful for any person who owns or controls property to operate, cause to be operated, or permit the operation of an alarm system on that property unless an alarm system permit for such alarm system has been obtained from the Director of the Carmel Clay Communications Center or his designee; provided, however, that no permit shall be required for an alarm system located on a private residence if the only response on activation of the alarm system is an external sounding alarm that automatically stops within 15 minutes after activation. However, notwithstanding the above, if emergency response personnel are routinely notified and dispatched to a private residence to investigate an activated alarm, a permit shall be required.

(b) Any person who violates this section shall be subject to a $50 fine unless an alarm system permit is obtained within ten days after receiving notification of the violation, provided that prior notification has not been given.

4-73 Application for Alarm System Permit.

(a) Application for a permit for the operation of an alarm system shall be made by a person or legal entity having ownership, a leasehold interest in or control over the property on which the alarm system is installed and operational. Such applications shall be made in writing to the Director of the Carmel Clay Communications Center within five days following installation of an alarm system and prior to its operation. Applications shall be on a form designed by the City for this purpose. The application shall include following information:

(1) The name, address and telephone number of each person in possession or control of the property.

(2) The street address of the property on which the alarm system is installed and operational.

(3) Any business name used for the premises on which the alarm system is installed and operational.

(4) The name of the person or alarm system business who will install the alarm system.

(5) The names and telephone numbers of two persons or of an alarm system business which are able to and have agreed:

a) To receive notification at any time; and,

b) To come to the alarm site within 30 minutes after receiving a request from emergency response personnel to do so; and,

c) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary.

4-74 Issuance of Alarm System Permit.

(a) The Director of the Carmel Clay Communications Center or his designee shall issue an alarm system permit to the person or other legal entity in possession or control of the property upon submission of an application in accordance with this article and payment of the permit fee, unless the Director of the Carmel Clay Communications Center or his designee finds that any statement made in the application was incomplete or false. Such permit shall contain a registration number and shall be in decal form.

(b) After the receipt of the application for an alarm system permit and payment of the permit fee, the Director of the Carmel Clay Communications Center or his designee shall record the application data for use by emergency response personnel. All information on such application shall be protected as confidential information; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate law enforcement purposes and for enforcement of this chapter. The Director of the Carmel Clay Communication Center or his designee shall forward the permit fees to the Clerk-Treasurer for deposit into the General Fund.

(c) The permit holder, or his successor in interest, shall notify the Director of the Carmel Clay Communications Center, in writing, of any change in the information contained in the permit application within 30 calendar days of the date on which such change occurred.

4-75 Permit Fee, Term, Suspension and/or Revocation.

(a) The fee for an alarm system permit shall be $10.

(b) An alarm system permit issued pursuant to this article may be transferred by the permit holder to a subsequent owner or entity in possession or control of the specific property or location for which the permit was originally issued, but is not transferable between properties or locations, provided that the subsequent owner or entity timely complies with the notification procedures set forth in § 4-74(c) above. If the subsequent owner or entity does not timely comply with such notification procedures, such owner or entity must apply for a new permit pursuant to § 4-73 above.

(c) An alarm system permit issued pursuant to this article may be suspended or revoked pursuant to conditions and procedures established by the Carmel City Code.

4-76 Location of Permit/Penalty for Failure to Display.

The permit holder of an alarm system, or his successor in interest, shall display such permit in a conspicuous manner which is visible to any emergency response personnel who respond to an alarm at the property or location for which the permit has been issued. Any person who violates this section shall be subject to a fine of $50.

4-77 Prohibited Activity.

(a) It shall be unlawful for a person who owns, leases or controls property on which an alarm system is installed to issue, cause to be issued, or permit the issuance of more than four false alarms in any one calendar year. Provided, however, this section shall not apply to an alarm system which emits a false alarm within 30 days after installation of the alarm system.

(b) A person who owns, leases or controls property on which an alarm system is installed shall receive a warning from the Carmel Police Department or the Carmel Clay Fire Department for the four false alarms issued by such alarm system during any one calendar year.

4-78 Enforcement.

(a) If an alarm system issues more than four false alarms in a calendar year, the person who owns, leases or controls the property on which such alarm system is installed shall receive written notice of violation of § 4-77 subject to civil penalties under § 4-79.

(b) The 8th and subsequent false alarms within a calendar year and other violations shall be subject to the general penalties of this Code and enforcement shall be by the City Attorney.

4-79 Schedule of Code Provisions and Penalties.

(a) The following code (or ordinance) provisions and respective civil penalties are designed for enforcement through the Carmel City Court:

*Code Section*	Subject Matter	Civil Penalty
4-77	Third False Alarm in calendar year	$25
4-77	Fourth False Alarm in calendar year	$50
4-77	Fifth False Alarm in calendar year	$100
4-77	Sixth and subsequent False Alarms in calendar year	$250

(b) In addition to the civil penalty for a fifth or subsequent false alarm within a calendar year, an alarm system permit may be subject to suspension or revocation pursuant to conditions and procedures established in §4-75(c) of this article once the alarm system has had five false alarms within a calendar year.

4-80 Automatic Dialing Devices Prohibited.

(a) It shall be unlawful to use or permit the use of any automatic telephone device or attachment which automatically selects any telephone line leading into the Carmel Clay Communication Center and then transmits any prerecorded message or signal unless specifically approved by the Carmel Board of Public Works and Safety.

(b) Any person who violates this section shall be subject to civil penalties not to exceed $500.

4-81 Savings Clause.

Should any provision of this section be determined by any Court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect, the same as if the unenforceable provision were deleted from the section.

4-82 through 4-87 Reserved for Future Use.

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