Subdivision 2. Burglar and Holdup Alarm User's License and Registration

Permit. Every alarm user shall obtain an alarm user permit for each alarm system he operates on commercial or residential premises within this County from the Chief of Police. No permit will be issued for any system utilizing an Automatic Dialing Device which is programmed to transmit a prerecorded message or code signal directly to a telephone number assigned to the Prince George's County Police Department.

Disclaimer. Registration of an alarm system 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 registering an alarm system, the alarm user acknowledges that police response may be based on factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, or staffing levels.

Alarm User Permit Application.

Alarm User Permit Fees.

The information contained in an alarm user permit application required by this Section and other information received by the Chief of Police through correspondence or communications with an alarm user shall be securely maintained and restricted to inspection only by police officers or County employees specifically assigned the responsibility for handling and processing alarm user permits in the course of official duties. If any employee of the County is found to have knowingly or willfully revealed the information contained in an alarm user permit application or in correspondence or communications with an alarm user to any other person for any purpose not related to this Subtitle or official law enforcement matters and without the express written consent of the alarm user supplying such information, the County employee shall be guilty of a misdemeanor.

Any alarm user who operates an alarm system without first obtaining a permit as required by this Section, or who, after having a permit revoked or suspended, or is indebted to the County for false alarm fees and/or fines incurred by the alarm user under the current or a previous permit and after exhausting his rights to hearing and appeal, fails to disconnect the alarm system shall be in violation of this Division.

For each false alarm from the alarm user's alarm system, an alarm user shall pay a false alarm response fee, as set forth in the following table:

False alarm response fees are payable within ten (10) days of the receipt of the notification that fees are due. The failure to pay the false alarm response fee within thirty (30) days of notification shall be grounds for revocation or suspension of such permit. Fees not paid within sixty (60) days shall be referred to the County Attorney for collection.

After an alarm user's alarm system has six (6) or more false alarms in a 12-month period, the alarm user must have the alarm system recertified by a licensed burglar and holdup alarm contractor. This recertification, along with a Twenty-five Dollar ($25.00) recertification fee, shall be submitted to the Chief within thirty (30) days after receipt of the notice that recertification is necessary. Failure to have an alarm system recertified as required by this Section shall be grounds to place the alarm user's system in a police nonresponse status or to revoke or suspend the alarm user's permit.

After an alarm user's alarm system has twelve (12) or more false alarms in a 12-month period, the alarm user must have the system upgraded to meet current County standards or upgraded to a more reliable system technology which shall include, but not be limited to, the installation of dual technology sensor devices. System upgrading must be accomplished within thirty (30) days after receipt of the notice that system upgrading is required. The system upgrade must be accomplished by a licensed burglar and holdup alarm contractor. The alarm system user shall submit a certification of the system upgrade, along with a Fifty Dollar ($50.00) certification fee, to the Chief. Failure to have a system upgraded as required by this Section shall be grounds to place the alarm user's system in a police nonresponse status or to revoke or suspend the alarm user's permit.

False alarm response fee waiver.

False alarm appeal process and filing fee.

Upon receipt of a notice of intent to revoke or suspend an alarm user's permit pursuant to Subsections (e) and (f) of this Section, the alarm permit holder may within ten (10) days of such receipt submit a written request by first class mail, return receipt requested, for a hearing before the Chief of Police setting forth the reasons that his permit should not be revoked or suspended. Written notice of the time and place of the hearing shall be served on the holder of the permit by the Chief of Police by certified mail at least ten (10) days prior to the date set for the hearing.

At the hearing before the Chief of Police, the alarm user, or his authorized representative, shall have the right to confront and examine witnesses, and to present evidence on his own behalf. After the hearing, the Chief of Police may either issue an order of revocation, withdraw the notice of revocation, or suspend the permit until reimbursement or such time that he is satisfied that the cause or causes of the false alarms have been eliminated.

Any alarm user whose permit has been revoked or suspended pursuant to this Section shall have the right, within ten (10) days after receiving notice of revocation from the Chief of Police, to file a written appeal by first class mail or hand delivery with the Board of Appeals; and no alarm user shall be required to discontinue use of his alarm system prior to the expiration of such ten (10) day period. Such appeal shall set forth the specific ground or grounds on which it is based. The Board of Appeals shall hold a hearing on the appeal within thirty (30) days after its receipt, and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant or his designated representative shall have the right to present written or oral argument, or both, in support of his appeal. The Board of Appeals shall issue its decision within ten (10) days after the hearing.

If an alarm user files an appeal pursuant to Subsection (i) of this Section, he shall not be required to discontinue the alarm system until a final decision is made on his appeal.

If a monitored alarm system user permit is revoked or suspended, the alarm user's alarm business or monitoring company will be notified by the Chief to not request police dispatch on any alarm signal to the alarm user's location until the alarm user permit is reissued or the suspension is lifted.

The failure of any person to obtain an alarm user permit as required in Sections 9-203 and 9-211 or obey any order of the Chief of Police of suspension or revocation of an alarm user permit after such person has exhausted his rights to hearings or appeals constitutes a misdemeanor punishable by a court of competent jurisdiction by a fine of up to Five Hundred Dollars ($500.00) and/or sixty (60) days in jail. Each day that such violation continues after the expiration of the period allowed for compliance under the provisions of this Subtitle shall constitute a separate offense.

In lieu of a violation notice, the Chief of Police may issue a citation pursuant to Subtitle 28, Division 3, to any person or persons who operate, monitor, install, modify, certify, sell, or use a burglar or holdup alarm system in violation of this Division. The citation shall serve as notification to the person that he has committed a civil violation and must pay to the County a monetary fine, subject to the person's right to trial under Section 28-257 of the County Code.

The person issued the civil citation shall be subject to a monetary fine of Two Hundred Fifty Dollars ($250.00) for each violation of this Division.

Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine.

In addition to the other remedies provided herein, the County Attorney, on behalf of the County, may institute an injunction, mandamus, or other appropriate action or proceeding to enforce the provisions of this Division.

Any municipality within Prince George's County may, by the adoption of an Ordinance or Resolution, exempt burglar alarm users within the municipal boundaries from the licensing requirements of Division 2, Subdivision 2 provided that such municipality provides 24-hour per day, 7-day per week on-duty police coverage, and meets such other standards insuring adequate municipal police coverage as the Chief of Police may establish by regulation.

The exemption shall be effective upon delivery of a copy of such Ordinance or Resolution to the Chief of Police.

When a municipality has exempted burglar alarm users from the application of Division 2, Subdivision 2, the County Police shall not be required to respond to burglar alarms within the municipal limits, but may do so at their discretion.