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<unit kind="subdivision" number="2" name="Burglar and Holdup Alarm User's License and Registration" slug="subdivision-2" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_9EL_DIV2BUHOALSY_SD2BUHOALUSLIRE">
  <section number="9-211" name="Alarm user permits" law="code" slug="sec-9-211" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_9EL_DIV2BUHOALSY_SD2BUHOALUSLIRE_S9-211ALUSPE">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>Alarm User Permit Application.</text>
      <level label="1">
        <text>Residential Alarm User Permit Application. Each application or application for renewal for a residential alarm user permit must contain, but is not limited to, the following information:</text>
        <level label="A">
          <text>Registration Number assigned by the County (if renewal);</text>
        </level>
        <level label="B">
          <text>Name, address, telephone number of the alarm user;</text>
        </level>
        <level label="C">
          <text>Dangerous or special conditions information at the alarm site;</text>
        </level>
        <level label="D">
          <text>Type of alarm system: burglary, robbery, panic, duress, medical alert, etc.;</text>
        </level>
        <level label="E">
          <text>Names, addresses, and telephone numbers of two (2) persons (an alarm business will be acceptable in lieu of one (1) person) who are able to and have agreed to:</text>
          <level label="i">
            <text>Receive notification of an alarm activation at any time;</text>
          </level>
          <level label="ii">
            <text>Respond to the alarm site within one (1) hour; and</text>
          </level>
          <level label="iii">
            <text>Grant access to the alarm site and deactivate the alarm system if such becomes necessary;</text>
          </level>
        </level>
        <level label="F">
          <text>Name, address, and telephone number of alarm business that installed and/or monitors the alarm system, if applicable. A statement as to whether the alarm user has ever previously registered an alarm system in Prince George's County;</text>
        </level>
        <level label="G">
          <text>An acknowledgment that they must keep a copy of the alarm permit application form and installation certificate or certification at the alarm site and must produce such registration information for inspection upon reasonable request by the Chief of Police;</text>
        </level>
        <level label="H">
          <text>Any other information deemed necessary by the Chief of Police.</text>
        </level>
      </level>
      <level label="2">
        <text>Commercial or Nonresidential Alarm User Permit Application. Each application or application for renewal for a commercial or nonresidential alarm user permit must contain, but is not limited to, the following information:</text>
        <level label="A">
          <text>Registration Number assigned by the County (if renewal);</text>
        </level>
        <level label="B">
          <text>Nonresidential alarm user's name and trade name, if different;</text>
        </level>
        <level label="C">
          <text>Employer ID number (EIN);</text>
        </level>
        <level label="D">
          <text>Street address where alarm system is located, including room or suite number;</text>
        </level>
        <level label="E">
          <text>Telephone number at the alarmed location.;</text>
        </level>
        <level label="F">
          <text>Type of business or activity conducted at the alarmed location;</text>
        </level>
        <level label="G">
          <text>Type of alarm system: burglary, robbery, duress, panic, etc.;</text>
        </level>
        <level label="H">
          <text>Dangerous or special conditions information at location;</text>
        </level>
        <level label="I">
          <text>Parent company name, address, and telephone number;</text>
        </level>
        <level label="J">
          <text>Name and telephone number of person responsible at the parent company location for the alarm system at the alarm site;</text>
        </level>
        <level label="K">
          <text>Names, addresses, and telephone numbers of three (3) persons (an alarm business will be acceptable in lieu of one (l) person) who are able to and have agreed to:</text>
          <level label="i">
            <text>Receive notification of an alarm activation at any time;</text>
          </level>
          <level label="ii">
            <text>Respond to the alarm site within one-half (1/2) hour; and</text>
          </level>
          <level label="iii">
            <text>Grant access to the alarm site and deactivate the alarm system if such becomes necessary;.</text>
          </level>
        </level>
        <level label="L">
          <text>Name, address, and telephone number of alarm business that installed and/or monitors the alarm system, if applicable;</text>
        </level>
        <level label="M">
          <text>A statement as to whether the alarm user had ever previously registered an alarm system or been issued a permit in Prince George's County;</text>
        </level>
        <level label="N">
          <text>An acknowledgment that they must keep a copy of the alarm permit application form and installation certificate or certification at the alarm site and must produce such registration information for inspection upon reasonable request by the Chief of Police;</text>
        </level>
        <level label="O">
          <text>Any other information deemed necessary by the Chief of Police.</text>
        </level>
      </level>
      <level label="3">
        <text>The information in the application shall be maintained current at all times. Any changes in the application information must be forwarded to the Chief within ten (10) days.</text>
      </level>
      <level label="4">
        <text>The alarm user shall make provision for silencing the local audible alarm within one-half (l/2) hour from the time the signal is received by the Police Department, either automatically or by one of the authorized persons.</text>
      </level>
      <level label="5">
        <text>It shall be the responsibility of the alarm user to insure that the system is properly operated, maintained, inspected, and repaired as required herein.</text>
      </level>
      <level label="6">
        <text>An alarm user permit is valid only for the premises registered and is not transferable to another alarm user or premises. A new permit must be obtained for each alarm site.</text>
      </level>
      <level label="7">
        <text>Exemptions. Local, State, or Federal government facilities are exempt from payment of permit fees and false alarm response fees, but are requested to register alarm site specified in this Division if Prince George's County police personnel are normally expected to respond to alarms at these facilities.</text>
      </level>
    </level>
    <level label="d">
      <text>Alarm User Permit Fees.</text>
      <level label="1">
        <text>Commercial.</text>
        <level label="A">
          <text>Initial Permit Fee. There shall be a Fifty Dollar ($50.00) nonrefundable, commercial alarm permit fee for the first two years. The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application.</text>
        </level>
        <level label="B">
          <text>Permit Renewal Fee. Beginning with the third year, there shall be a nonrefundable biennial commercial alarm renewal fee of Fifty Dollars ($50.00). The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application.</text>
        </level>
      </level>
      <level label="2">
        <text>Residential.</text>
        <level label="A">
          <text>Initial Permit Fee. There shall be a Twenty Dollar ($20.00) nonrefundable, residential alarm permit fee for the first two years. The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application.</text>
        </level>
        <level label="B">
          <text>Permit Renewal Fee. Beginning with the third year, there shall be a nonrefundable biennial residential alarm renewal fee of Twenty Dollars ($20.00). The fee may be paid by the alarm user or the alarm business. Payment shall accompany the application.</text>
        </level>
      </level>
      <level label="3">
        <text>If an alarm user permit has been revoked or suspended, a reinstatement fee of One Hundred Dollars ($100.00) must accompany a reinstatement application.</text>
      </level>
    </level>
    <level label="e">
      <text>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.</text>
    </level>
    <level label="f">
      <text>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.</text>
    </level>
  </section>
  <section number="9-212" name="False alarms" law="code" slug="sec-9-212" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_9EL_DIV2BUHOALSY_SD2BUHOALUSLIRE_S9-212FAAL">
    <level label="a">
      <text>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:</text>
      <table>
        <row>
          <cell>FALSE ALARM SIGNAL OCCURRENCE</cell>
          <cell>FALSE ALARM RESPONSE FEE</cell>
        </row>
        <row>
          <cell>1st or 2nd</cell>
          <cell>No fee</cell>
        </row>
        <row>
          <cell>3rd, 4th, 5th, or 6th</cell>
          <cell>$50.00</cell>
        </row>
        <row>
          <cell>7th, 8th, or 9th</cell>
          <cell>100.00</cell>
        </row>
        <row>
          <cell>10th, 11th, or 12th</cell>
          <cell>150.00</cell>
        </row>
        <row>
          <cell>13th or greater</cell>
          <cell>200.00</cell>
        </row>
      </table>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
    <level label="e">
      <text>False alarm response fee waiver.</text>
      <level label="1">
        <text>A false alarm response fee may be waived if the alarm system was activated by an act of God, including violent conditions of nature, such as blizzards, earthquakes, high intensity winds, extreme thunderstorms, lightening, electrical surges, or other extraordinary circumstances not reasonably subject to the control of the alarm system or alarm user. The request for a waiver of the false alarm fee shall be made in writing and shall include a statement which details the reason, if known, for the false alarm.</text>
      </level>
      <level label="2">
        <text>If it is determined by the Chief that a false alarm signal was due to an event beyond the reasonable control of the alarm user, the alarm signal event shall not be considered a false alarm and the fee shall be waived.</text>
      </level>
      <level label="3">
        <text>If alarm signals were caused by a malfunctioning alarm system which caused two or more false alarms in a twelve-hour period and the alarm user and the alarm monitoring business exercised their best efforts to limit alarm signals caused by the malfunction, all false alarms within a single twelve-hour period will be counted as one false alarm.</text>
      </level>
    </level>
    <level label="f">
      <text>False alarm appeal process and filing fee.</text>
      <level label="1">
        <text>An alarm user may appeal the determination by a police officer that an alarm signal was a false alarm to the Chief within ten (10) days after a notice of a false alarm is received by the alarm user.</text>
      </level>
      <level label="2">
        <text>The appeal must be in writing and contain sufficient information to determine whether the responding police officer's determination that the alarm signal was a false alarm was correct. Any appeal must be accompanied by a Twenty-five Dollar ($25.00) filing fee which shall be returned to the alarm user if the alarm signal is not determined to be a false alarm or if the false alarm fee is waived.</text>
      </level>
      <level label="3">
        <text>The Chief shall review the appeal and render a written decision based on the facts presented by the appeal. The Police Department's daily alarm records shall be prima facie evidence that a false alarm has occurred and shall constitute a presumption which may be rebutted by the alarm user. The appeal shall be resolved in favor of the alarm user unless a preponderance of evidence indicates that the alarm signal was a false alarm.</text>
      </level>
      <level label="4">
        <text>Any appeal of the Chief's decision of the Chief to uphold the determination of a false alarm shall be made to the Prince George's County Board of Administrative Appeals. The appeal shall be based on the record developed by the Chief, consisting of the Police Department's reports, the alarm user's written appeal and any documentation submitted therewith, and the Chief's determination.</text>
      </level>
      <level label="5">
        <text>The amount of the false alarm response fee is not appealable.</text>
      </level>
      <level label="6">
        <text>The alarm user must pay the false alarm response fee for a false alarm within thirty (30) days after receipt of the Chief's decision upholding the determination that a false alarm has occurred unless the alarm user appeals the determination to the Board of Administrative Appeals.</text>
      </level>
      <level label="7">
        <text>The Chief shall not hear any appeal regarding a dispute between an alarm user and an alarm monitoring business concerning responsibility for a false alarm or a series of false alarms.</text>
      </level>
    </level>
    <level label="g">
      <text>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.</text>
    </level>
    <level label="h">
      <text>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.</text>
    </level>
    <level label="i">
      <text>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.</text>
    </level>
    <level label="j">
      <text>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.</text>
    </level>
    <level label="k">
      <text>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.</text>
    </level>
  </section>
  <section number="9-213" name="Enforcement and penalty" law="code" slug="sec-9-213" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_9EL_DIV2BUHOALSY_SD2BUHOALUSLIRE_S9-213ENPE">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine.</text>
    </level>
    <level label="e">
      <text>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.</text>
    </level>
  </section>
  <section number="9-214" name="Exemptions within Municipalities" law="code" slug="sec-9-214" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_9EL_DIV2BUHOALSY_SD2BUHOALUSLIRE_S9-214EXWIMU">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>The exemption shall be effective upon delivery of a copy of such Ordinance or Resolution to the Chief of Police.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
  </section>
</unit>
