In this subtitle, the following terms have the meanings indicated. “Alarm system” means a device or series of devices that emits, transmits, or relays:an audible, visual, or electronic alarm signal that is electronically programmed to cause contact with or summon police; or an audible or visual alarm signal that is intended to elicit a police response at the alarm system user’s property when activated. “Alarm system” does not include:telephone lines used to carry alarm signals; or any device installed in a vehicle, as defined in the Maryland Vehicle Law. “Commissioner” means the Housing Commissioner of Baltimore City or the Commissioner’s designee. “Contractor” means any person engaged in the business of installing, maintaining, altering, inspecting, administering, selling, or servicing alarm systems. “False alarm” means any alarm system signal:that results in a police response to the user’s property; and for which no evidence is found, after reasonable investigation, of any criminal activity, property damage, or medical emergency that would justify a police response. “False alarm” does not include:an alarm signal that is cancelled by the monitor before a responding police officer arrives at the alarm location; an alarm signal that occurs within 30 days of the original installation of the alarm system; or an alarm signal from a medical alert device. “Hold-up alarm” means a silent alarm system that is manually activated to signal a robbery in progress. “Monitor” means any person engaged in the business of monitoring alarm systems for the purpose of reporting an alarm system’s activation to the Police Department. “Panic alarm” means 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. “User” means, except as specified in paragraph (2) of this subsection: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 an alarm system; or any other 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 that is used solely by a tenant of that building; or a governmental entity or an instrumentality or unit of a governmental entity. Ord. 00-069 Ord. 02-329 Ord. 12-061 Ord. 22-125

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner must adopt and enforce rules and regulations to carry out this subtitle. The Commissioner’s rules and regulations shall include:the form of application for and required information to be given for registrations, renewals of registration, notifications, and reports required under this subtitle; subject to the approval of the Board of Estimates, reasonable fees for registrations, renewals of registration, and reinstatements of revoked registration under this subtitle; criteria for revoking any registration required by this subtitle, which criteria may include:the failure to pay any fine, false alarm fee, or other fee imposed under this subtitle; or any other violation of this subtitle or of any rule or regulation adopted under it; criteria for reinstating registration after revocation; procedures for filing and hearing administrative appeals under this subtitle; and procedures for police responses to an alarm location. Ord. 00-069 Ord. 02-329 Text Conformed 02/21/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

An alarm system contractor must register with the Commissioner before undertaking to install, maintain, alter, inspect, administer, sell, or service any alarm system in Baltimore City. An alarm system contractor must keep its registration with the Commissioner current by, within 10 days of the undertaking, reporting to the commissioner, on a form approved by the Commissioner, whenever it undertakes to install, maintain, alter, inspect, administer, sell, or service any alarm system in Baltimore City. For purposes of the penalties imposed by this subtitle, each event that violates this section constitutes a separate offense. Ord. 00-069 Ord. 02-329 Ord. 12-061

An alarm system monitor must register with the Commissioner before undertaking to monitor any alarm system in Baltimore City. An alarm system monitor must keep its registration with the Commissioner current by, within 10 days of the undertaking, reporting to the commissioner, on a form approved by the Commissioner, whenever it undertakes to monitor any alarm system in Baltimore City. For purposes of the penalties imposed by this subtitle, each contract by an unregistered alarm system monitor on behalf of an alarm system user constitutes a separate offense. Ord. 00-069 Ord. 12-061

An alarm system user must:register with the Commissioner within 10 days of activating an alarm system; and update the registration, within 10 days of any change, if any information the Commissioner requires on the registration form changes after the registration is filed. For purposes of the penalties imposed by this subtitle, each event that violates this section constitutes a separate offense. A user may not be charged any fees for registrations or renewals of registrations required by this section. Ord. 00-069 Ord. 12-061

Any person who sells or leases alarm systems must post conspicuously in that person’s place of business notice of a user’s obligation to register under this subtitle. Any person who sells or leases alarm systems must provide printed notice to the user, before the user takes possession of the system, of:the user’s obligation to register under this subtitle; and the contact information provided by the Commissioner for the office where the user can register the alarm system. The wording, size, and placement of the notices required by this subsection must comply with the rules and regulations adopted by the Commissioner under this subtitle. 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 Commissioner. This report must:be made within 10 days of the sale or lease; and contain:the user’s name, address, and telephone number; the make and model of the system; and any other information that the Commissioner requires. Each monitor doing business in the City must provide the Commissioner with a monthly report of all users in the City to whom the monitor is then providing services. Each monitor doing business in the City must provide the Commissioner with additional updated reports of all users in the City to whom the monitor is then providing services upon the Commissioner’s request. These reports must:be made at the time the Commissioner requires; and be in the format, and contain the information, that the Commissioner requires. Ord. 00-069 Ord. 02-329 Ord. 12-061

It is unlawful for an alarm service to be unregistered. 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 subtitle, each event that causes contact with or summons police constitutes a separate offense. Any alarm monitor who detects an alarm system activation from an unregistered alarm system user or location must:report the activation to the Police Department in the normal manner; and report the unregistered user or location to the Commissioner, in the manner the Commissioner requires. Ord. 00-069 Ord. 02-329 Ord. 12-061

The user of an alarm system is responsible for payment to the City of the false alarm fees imposed under this section. Failure to pay a false alarm fee or any attendant late fee within 60 days of imposition is a violation of this subtitle. For purposes of this section, 2 or more false alarms that occur within the same calendar day as a result of a single event are considered a single false alarm. After 1 false alarm in any 12-month period, a false alarm fee is imposed on any residential user for each false alarm, based on the following schedule: <table> <thead> <tr> <th>False alarms within 12-month period</th> <th>Fee</th> </tr> </thead> <tbody> <tr> <td>2^nd or 3^rd</td> <td>$75</td> </tr> <tr> <td>4^th</td> <td>$150</td> </tr> <tr> <td>5^th</td> <td>$250</td> </tr> </tbody> </table> After 1 false alarm in any 12-month period, a false alarm fee is imposed on any non-residential user for each false alarm, based on the following schedule: <table> <thead> <tr> <th>False alarms within 12-month period</th> <th>Fee</th> </tr> </thead> <tbody> <tr> <td>2^nd or 3^rd</td> <td>$150</td> </tr> <tr> <td>4^th</td> <td>$300</td> </tr> <tr> <td>5^th</td> <td>$500</td> </tr> </tbody> </table> The Commissioner must waive 1 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 subsection and the user is subject to a subsequent false alarm fee, that subsequent fee will be assessed as if the previous fee had not been waived. The Commissioner may assess a late fee of $25 for any false alarm fee that is not paid:within 30 days of the Commissioner’s notice that the false alarm fee has been imposed; or if a timely appeal has been made, within 30 days of the final decision in that appeal. If the false alarm or late fee is not paid within 10 business days of the Commissioner’s notice that the late fee has been imposed, the Commissioner may place the user’s alarm system on no-response status, as provided in <cite data-path="19|8|8-9">§ 8-9 {“No-response status”}</cite> of this subtitle. After a second false alarm within any 12-month period, the Commissioner must 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 second false alarm has occurred; if a total of 5 false alarms occur within the same 12-month period, the user’s alarm system will be placed on no-response status, as provided in <cite data-path="19|8|8-9">§ 8-9 {“No-response status”}</cite> of this subtitle; and reinstatement may only be obtained on written application to the Commissioner. Ord. 00-069 Ord. 02-329 Ord. 12-061 Ord. 13-111

In this section, “no-response status” means that, except for a hold-up alarm or a panic alarm, police will not be dispatched to investigate an alarm signal An alarm system will be placed on no-response status if, after a warning notice has been sent pursuant to <cite data-path="19|8|8-8|(f)">§ 8-8(f)</cite> of this subtitle, the alarm system has had 5 or more false alarms in any 12-month period. The Commissioner may reinstate the alarm system only if:the user applies in writing for reinstatement; and the Commissioner finds that the alarm system has been repaired, upgraded, or replaced and the cause of the false alarms corrected. The Commissioner 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; the user’s registration is revoked; or the user fails to pay timely any fee imposed under <cite data-path="19|8|8-8">§ 8-8 {“False alarm fees”}</cite> of this subtitle. Ord. 02-329

No contractor, monitor, or user may install, operate, or maintain any device that, on activation of an alarm system, automatically sends a pre-recorded message or a coded signal to the Police Department or other City office. Ord. 02-329

This section does not apply to a hold-up alarm or panic alarm. Before requesting a police response to an alarm signal, a monitor must attempt to contact the alarm system site or user, by telephone, electronically, or visually, to verify the need for a police response. For the purpose of this section, verification shall require, at a minimum, that a second attempt be made to a different number if the first attempt fails to reach an alarm user or an individual at the alarm system site who can properly identify themselves to determine whether an alarm signal is valid before requesting a police response. Ord. 02-329

A user against whom the Commissioner has assessed a fee under <cite data-path="|19|§8-8">§ 8-8 {“False alarm fees”} of this subtitle</cite> may appeal in writing to the Board of Municipal and Zoning Appeals. On good cause shown, the Board may waive the fee. A person whose registration has been revoked under this subtitle may appeal in writing to the Board of Municipal and Zoning Appeals. On good cause shown, the Board may rescind the revocation. A person aggrieved by a decision of the Board of Municipal and Zoning Appeals under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 00-069 Ord. 02-329 Ord. 04-672

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 00-069 Ord. 02-329 Ord. 03-595

Any unregistered user of an unmonitored system that causes contact with or summons City police is guilty of a misdemeanor and, on conviction, is subject to a fine of $500 for each offense. Any contractor, monitor, or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 for each offense. Ord. 00-069 Ord. 02-329