Sec. 10-36. - Definitions.

The following words, terms and phrases, when in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm administrator. A person or persons designated by the City of Wilmington to administer, control and review the reduction efforts and administer the provisions of this article. The alarm administrator shall coordinate police protocols through the chief of police or his designee in the application of this article.

Alarm system. A device or series of devices that emits, transmits, or relays:

(1)

An audible, visual, or electronic alarm signal that is electronically programmed to cause contact with or summon police;

(2)

An audible or visual alarm system that is intended to elicit a police response at the alarm system user's property when activated.

Alarm system does not include:

(1)

Telephone lines used to carry alarm systems; or

(2)

Any device installed in a vehicle, as defined in the Delaware Motor Vehicle Law.

Contractor. Any person engaged in the business of installing, maintaining, altering, inspecting, administering, selling, or servicing alarm systems.

False alarm.

(1)

Any alarm system that dispatches a request to a law enforcement authority when no emergency or actual or threatened criminal activity requiring immediate response exists. This definition includes signals activated by negligence, accident, mechanical failure, and electrical failure; signals activated intentionally in non-emergency situations; and signals for which the actual cause of activation is unknown.

(2)

There is a rebuttable presumption that an alarm is false if personnel responding from a law enforcement authority after following normal police procedures in investigating the incident do not discover any evidence of unauthorized entry, criminal activity, or other emergency.

False alarm does not include:

(1)

An alarm system that is cancelled by the monitor before a responding police officer arrives at the alarm location;

(2)

An individual activated the alarm based upon a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed;

(3)

The alarm system was activated by lightning or an electrical surge that caused physical damage to the system;

(4)

If the alarm user experienced a power outage of four or more hours, causing the alarm to activate upon restoration of power, as evidenced by written documentation provided by Delmarva Power or other applicable provider; or

(5)

An alarm signal that occurs within 30 days from the original installation of the alarm system.

Hold-up alarm. A silent alarm system that is manually activated to signal robbery in progress.

Monitor. A person engaged in the business of monitoring alarm systems for the purpose of reporting alarm system's activity to the police department.

Panic alarm. An alarm system that is activated by an individual on or near the premises to alert others that a robbery or other crime is in progress.

Person. An individual, a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; or a partnership, firm, association, corporation, or other entity of any kind.

User. Except as specified below, a user is the owner or lessee of any alarm system; the owner or lessee of any dwelling unit, place of business, or other premises that has been equipped with alarm systems; or any person that uses an alarm system.

User does not include: the owner or manager of a multi-tenant building with respect to any alarm system used solely by a tenant of that building.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-37. - Regulation.

An alarm administrator is a person or persons designated by the City of Wilmington to administer, control and review the reduction efforts and administer the provisions of this article. The alarm administrator shall be retained by the enactment date of this legislation.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-38. - Registration.

(a)

Contractor. An alarm system contractor must register with the alarm administrator before undertaking to install, maintain, alter, administer, sell, or service any alarm systems in the City of Wilmington. A $50.00 non-refundable registration fee must be paid with each registration form. The contractor registration must be renewed annually.

(b)

Monitors. An alarm system monitor must register with the alarm administrator before undertaking to monitor any alarm system in the City of Wilmington. A $100.00 non-refundable registration fee must be paid with each registration form. The monitor registration must be renewed annually.

In the event that the monitor and contractor are the same company, then only the monitor registration fee shall be paid.

(c)

Users. An alarm system user must register with the alarm administrator upon installation and activation of user's alarm system. A $20.00 non-refundable registration fee must be paid with each registration form. The alarm system registration must occur upon activation of the alarm system and or when an existing registered user relocates to a new location and activates an alarm system.

(d)

Registration does not apply to fire, car or medical alert alarm systems.

(e)

Failure of any alarm systems contractor and/or monitor to register with the alarm administrator shall prevent the contractor and/or monitor from obtaining a City of Wilmington business license.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-39. - Notices and reports.

(a)

Notice to user.

(1)

Any person who sells or leases an alarm system must post conspicuously in that person's place of business a copy of a user's obligation to register under this article.

(2)

If a sale or lease transaction occurs outside the person's place of business, or if the person does not maintain a place of business in a commercial establishment, this notice must be provided to the user, in writing before activation takes place.

(b)

Report to the alarm administrator—Unmonitored systems.

(1)

If the person selling or leasing an alarm system is not under contract to monitor that system, the person must report the transaction to the alarm administrator.

(2)

This report must be made within five business days of the sale or lease and contain the user's name, address and telephone numbers, the make and model of the system, and any other information that the alarm administrator requires.

(c)

Report to the alarm administrator—Monitored systems.

(1)

Each monitor doing business in the city must provide the alarm administrator with an annual report and a monthly update of all users in the city to whom the monitor is currently providing services in a manner designated by the alarm administrator.

(2)

This report must be made at the time the alarm administrator requires and contain each user's name, address and telephone number; and any other information the alarm administrator requires.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-40. - Unregistered users.

(a)

Prohibited conduct. It is unlawful for the alarm system of any unregistered user to cause contact with or summon city police. For purposes of the penalties imposed by this article, each event that causes contact with or summons the police constitutes a separate offense.

(b)

Monitor to report activation. Any alarm system monitor who detects an alarm system from an unregistered alarm system user or location shall report the activation to the alarm administrator in writing within five business days of the detection.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-41. - Duties and responsibilities.

(a)

Alarm user.

(1)

An alarm user shall:

a.

Maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;

b.

Make every reasonable effort to have a responder to the alarm's location within 30 minute when requested by a law enforcement authority order to:

1.

Deactivate an alarm system;

2.

Provide access to the alarm site; and/or

3.

Provide alternative security for the alarm site.

c.

Activate an alarm system only for its intended purposes.

(2)

An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than ten minutes after being activated.

(3)

An alarm user shall have a licensed company inspect the alarm system after the occurrence of four false alarms in any 12-month period. The alarm administrator may waive a required inspection if he or she determines that a false alarm(s) could not have been related to a defect or malfunction in the alarm system.

(4)

An alarm user shall not use automatic voice dialers.

(5)

An alarm user shall maintain, at each alarm site a set of written operating instructions for each alarm system.

(b)

Alarm installer.

(1)

The alarm installation company shall provide written and oral instructions to each of its alarm users on the proper operation of their alarm system. Such instructions shall specifically include all the instructions necessary to turn the alarm system on and off and to avoid false alarms.

(2)

An alarm installation company shall not use automatic voice dialers.

(3)

After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user a false alarm prevention checklist approved by the alarm administrator.

(c)

Monitoring company.

(1)

A monitoring company shall:

a.

Report alarm signals by using telephone numbers designated by the alarm administrator;

b.

Verify every alarm signal with an initial and secondary call to the site of the alarm, before requesting a law enforcement authority response to an alarm system signal by calling the site of the alarm, except for any panic, duress or holdup robbery alarm activation;

c.

Communicate alarm dispatch requests to law enforcement authority in a manner and form determined by the alarm administrator;

d.

Ensure that all users of the alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm;

e.

Communicate available information about the location of all alarm signals related to the alarm dispatch request;

f.

Communicate the type of alarm activation (silent or audible, interior or exterior);

g.

Provide an alarm user registration number when requesting law enforcement dispatch;

h.

After an alarm dispatch request, promptly advise law enforcement authority if the monitoring company knows that the alarm user or the responder is on the way to the alarm site;

i.

Attempt to contact the alarm user responder within 24 hours, via mail, fax telephone or electronic means when an alarm dispatch request is made; and

j.

Upon the effective date of the ordinance from which this section derives, monitoring companies must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to the alarm dispatch requests. Records must include the name, address, and telephone number of the alarm user, the alarm system zone(s) activated, the time of the alarm dispatch request and evidence of an attempt to verify. The alarm administrator may request copies of such records for individually named alarm users. If the request is made within 60 days of the alarm dispatch request, the monitoring company shall furnish requested records within three business days of receiving the request. If the records are requested between 60 days and one year after the alarm dispatch request, the monitoring company shall furnish the requested records within 30 days of receiving the request.

(2)

An alarm system installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide details as may be reasonably requested by the alarm administrator.

(d)

Alarm administrator.

(1)

The alarm administrator shall:

a.

Designate a manner, form and telephone number for the communication of alarm dispatch requests; and

b.

Establish procedure to accept cancellation of alarm system dispatch requests.

(2)

The alarm administrator shall establish a procedure to record such information on alarm dispatch requests necessary to permit the alarm administrator to maintain records, including, but not limited to, the information listed below:

a.

Identification of the registration number for the alarm site;

b.

Identification of the alarm site;

c.

Date and time alarm dispatch request was received including the name of the monitoring company and the monitoring operator name and number;

d.

Date and time of law enforcement authority arrival at the alarm site;

e.

Zone and zone description, if available;

f.

Weather conditions;

g.

Name of the alarm user's representative at the alarm site, if any;

h.

Identification of the responsible alarm installation company or monitoring company;

i.

If the law enforcement authority was unable to locate the address of the alarm site; and

j.

Cause of the alarm signal, if known.

(3)

The alarm administrator shall establish a procedure for notifying the alarm user of false alarms. The notice shall include the following information:

a.

The date and time of the law enforcement authority response to the false alarm; and

b.

A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines.

(4)

The alarm administrator may require a conference with an alarm user and the alarm installation company and/or monitoring company responsible for the repair or monitoring of the alarm system to review the circumstances of each false alarm.

(5)

The alarm administrator may require an alarm user to remove a holdup alarm that is a single action, non-recessed button, if a false holdup alarm has occurred.

(6)

The alarm administrator shall provide to the city an annual report stating the number of false alarms, the number of cancellations, total fines collected and any additional information requested by the City of Wilmington.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-42. - False alarm fees.

(a)

User responsible. The user of an alarm system is responsible for payment to the city of the false alarm fees imposed under this section. For purposes of this section, two or more false alarms that occur within the same calendar day as the result of a single event are considered a single false alarm.

(b)

Fee schedule. After two false alarms in any 12-month period, a false alarm fee is imposed for each false alarm based on the following fee schedule:

False alarms within 12-month period fees:

(c)

An alarm system that is cancelled by the monitor before a responding law enforcement authority arrives at the alarm location is not to be considered a false alarm subject to the fees listed within this section.

(d)

Waivers. The alarm administrator must waive one false alarm fee if the alarm system user has the alarm system inspected by a registered contractor or monitor and obtains from the contractor or monitor a certification that the alarm system has been inspected and is functioning properly. If a false alarm fee is waived under this section and the user is subject to a subsequent false alarm fee, the subsequent fee will be assessed as if the previous fee had not been waived.

(e)

Appeals. An alarm system user may appeal any false alarm fee to the alarm administrator or his designee, in writing with accompanying documentation demonstrating why the false alarm fee should be rescinded within ten days of receiving the false alarm fee notice.

(f)

Exception. Senior citizens age 65 or older shall be exempt from false alarm fees.

(g)

Late fee. A late fee of $25.00 shall be assessed for any false alarm fee that is not paid within 30 days of the alarm administrator notice that the false alarm fee has been imposed or if a timely appeal has been made within 30 days of the final decision of that appeal. If the false alarm fee is not paid within ten business days of the notice that the late fee has been imposed, the alarm administrator must notify the police department and may place the user's alarm on no-response status, as provided in this section.

(h)

Warning of no-response status. After a sixth false alarm within a 12-month period, the alarm administrator shall send a warning notice by certified mail, return receipt requested, to the user with a copy by regular mail to the monitor. The notice must state that a sixth false alarm has occurred; if seven or more false alarms occur within any 12-month period, the user's alarm system will be placed on no-response status; reinstatement may only be obtained on written application to the alarm administrator and chief of police.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-43. - No-response status.

(a)

No response status is defined in this section to mean that, except for hold up alarms or panic alarms, the police will not be dispatched to investigate an alarm signal.

(b)

When required, an alarm system will be placed on no-response status if, after a warning notice has been sent in accordance with this article, the alarm system has had seven or more false alarms in any 12-month period. The alarm administrator may reinstate the alarm system if the user applies in writing for reinstatement and the alarm administrator finds that the alarm system has been repaired, upgraded, or replaced and the cause of the false alarms has been corrected.

(c)

The alarm administrator may place an alarm system on no-response status if the alarm system user has made any false statement of material fact in the user's registration application, or if the user's registration is revoked, or if the user fails to pay a timely fee imposed under this article.

(d)

This section does not apply to financial institution alarm sites.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-44. - Automatic dialers prohibited.

No contractor, monitor, or user may install, operate, or maintain any device that on activation of an alarm system sends a pre-recorded message or coded signal to the police department or to any other city offices.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-45. - Government immunity.

(a)

Nothing herein shall:

(1)

Preclude law enforcement authority from responding to duress, holdup or panic alarms, calls describing emergencies or crimes in progress, or routine calls for service;

(2)

Limit law enforcement authority from issuing civil violation notices for false alarms; or

(3)

Be construed to create a duty to respond in any circumstances where such a duty does not exist pursuant to the statutory or common law of Delaware.

(b)

Alarm registration is not intended to, nor will it create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of call, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.

(c)

All information contained in and gathered through the alarm registration applications shall be held in confidence by all employees or representatives of the City of Wilmington and by any third-party alarm administrator or employees of a third-party administrator with access to such information.

(Ord. No. 06-042(sub 1), § 1, 9-21-06; Ord. No. 08-048, § 1, 9-18-08)

Sec. 10-46. - Penalty.

A conviction of violation of any provision of this section shall be punishable by a fine of not less than $250.00 and no more than $1,000.00 for the first offense; not less than $500.00 and no more than $2,500.00 for the second offense; and not less than $1,000.00 and no more than $5,000.00 for the third and subsequent offenses.

(Ord. No. 08-048, § 1, 9-18-08)