MC Department of Police

Chapter 3A, Alarms

Montgomery County Code

Sec. 1. Amend Chapter 3A as follows:

3A-1. Definitions.

When used in this Chapter:

Alarm business means any business which alters, installs, leases, maintains, monitors, repairs, replaces, sells at retail, services, or responds to an alarm system.

Alarm signal means the activation of an alarm system.

Alarm system means any mechanical or electrical equipment arranged to signal an unauthorized entry or other illegal activity. Alarm system includes devices activated automatically, such as burglar alarms, and devices activated manually, such as hold up alarms. Alarm system does not include telephone lines maintained and operated by public utilities under the regulation of the public service commission over which such signals might be transmitted, or alarm systems installed in motor vehicles, boats, or aircraft.

Alarm user means:

(a) the owner or lessor of any alarm system;

(b) the occupant of any dwelling unit with an alarm system; and

Enforcing agency means:

(a) the Police Department; or

(b) any other agency of County government that the Chief Administrative Officer assigns to enforce this Chapter; or

(b) for which there is no evidence of criminal activity to justify a police response.

License means a license issued to an alarm business by the enforcing agency.

Nonresidential alarm user means any alarm user that is not a residential alarm user.

Residential alarm user means the occupant of any dwelling unit with an alarm system.

(a) A person must not engage in the alarm business in Montgomery County unless the person obtains an alarm business license.

(b) The County Executive must establish by regulation adopted under method (2) procedures to issue licenses to all alarm businesses that operate in Montgomery County. The Executive must set an alarm business license fee by regulation adopted under method (2).

(c) An alarm business without a current County license must not request a police response to an alarm signal from an alarm system in the County. The Police Department must not respond to a request for police response from an unlicensed alarm business.

(d) The enforcing agency may collect, analyze, and disclose statistical or other information about the false alarm experience of specific alarm businesses. The authority in this subsection does not limit any other data collection or disclosure authority of any County agency.

Every alarm user must register the user’s alarm system with the enforcing agency before the user begins using the system and must renew the registration periodically as provided by regulation. The alarm user must pay alarm user registration and renewal fees. The County Executive must establish procedures in regulations adopted under method (2) for alarm businesses to issue County alarm user registration forms, and return completed forms and registration fees to the enforcing agency. The Executive must set residential and nonresidential alarm user registration and renewal fees by regulation adopted under method (2).

(a) The enforcing agency must collect an alarm response fee from the alarm user for false alarms from the user’s alarm system in a calendar year, unless the enforcing agency excuses the false alarm for good cause. The Executive must establish in regulations adopted under method (2):

(1) whether an alarm system may produce a certain number of false alarms during a calendar year before alarm response fees apply; and

(2) the conditions under which the enforcing agency will excuse a false alarm, including an alarm signal caused by severe weather.

A false alarm excused by the enforcing agency under paragraph (2) does not count toward any fee or sanction under this Chapter for a later false alarm.

(b) The Executive must set alarm response fees by regulation adopted under method (2). The Executive may set lower alarm response fees for residential alarm users than the corresponding fees for nonresidential alarm users. The alarm response fee must increase for larger numbers of false alarms from an alarm user’s alarm system. In addition to any other fee required under this Chapter, the regulation may impose a special fee for any police response to a false alarm from an unregistered alarm system, including a system whose registration has expired.

(c) The Executive must establish procedures in regulations adopted under method (2) for an alarm business to request a police response to an alarm signal, including procedures to verify an alarm signal before requesting a police response. The regulations must prohibit the alarm business from requesting a police response until a specified number of days after the alarm user registered the alarm system under Section 3A-3, unless the enforcing agency waives this prohibition because of an imminent danger to people or property. An alarm business must comply with these procedures when the business requests a police response to an alarm signal. The Police Department may refuse to respond if the alarm business does not follow these procedures.

(d) An alarm user may recover an alarm response fee from the alarm business that sold, installed, or monitored the user’s alarm system if the false alarm is the result of:

An alarm user may appeal the Police Department’s determination that an alarm signal was a false alarm to the Chief Administrative Officer or the CAO’s designee. The County Executive must set fees and the period allowed for filing an appeal by the alarm user in regulations adopted under method (2). The Chief Administrative Officer may refer any appeal to the Office of the Hearing Examiner for a written report and recommendation. The Chief Administrative Officer or the CAO’s designee must decide the appeal. The alarm user may appeal the decision to the Circuit Court as an administrative appeal under the Maryland Rules of Procedure.

(a) The County Executive must establish alarm system installation and equipment standards in regulations adopted under method (2). Any alarm system installed after August 31, 1993, must meet the installation standards.

(b) An alarm business must certify in writing to the alarm user that any alarm system installed after August 31, 1993, meets the installation standards.

(c) An alarm user must have the user’s alarm system inspected by an alarm business licensed under Section 3A-2 after 3 false alarms from the system in a calendar year. The alarm user and alarm business must certify to the enforcing agency that the alarm system has been inspected, is functioning properly, and that the alarm business has provided additional instruction to the alarm user and others who have contact with the alarm system on the proper use of the alarm system. The enforcing agency must receive the certification within a time period specified by regulation.

(d) An alarm user must conform the user’s alarm system to the installation standards established under Section 3A-6(a) after 6 false alarms from the user’s system in a calendar year.

(e) The enforcing agency may waive the requirement for an inspection or upgrade under this Section if the enforcing agency determines that a sufficient number of the false alarms during the calendar year could not have been related to a defect or malfunction in the alarm system.

An alarm business must not install or maintain, and an alarm user must not use, an audible alarm system which can sound continuously for more than 30 minutes.

(a) The enforcing agency may refuse to grant a license under this Chapter to an alarm business, and may suspend, revoke, or refuse to renew the license of an alarm business, if the agency finds that the alarm business:

(1) repeatedly did not perform installation, repairs, maintenance, or other work competently;

(2) repeatedly provided customers with faulty, defective, or malfunctioning equipment;

(3) requested a police response to an alarm signal when the alarm user had not authorized the alarm business to make the request;

(4) requested a police response to an alarm signal after the enforcing agency notified the alarm business that:

(A) the alarm system that produced the signal was not registered under Section 3A-3;

(B) the alarm user did not pay an alarm response fee due under Section 3A-4 after expiration of the time allowed for, or the conclusion of, any appeal under Section 3A-5; or

(5) did not comply with procedures set by regulation for requesting a police response to an alarm signal;

(7) contracted for business in the County with an unlicensed alarm business;

(8) had a similar license suspended, revoked, or refused in another jurisdiction;

(9) knowingly, after reasonable inquiry, employed an officer, manager, agent, or employee in the sale, installation, monitoring, or maintenance of alarm systems who was convicted of a felony, or a misdemeanor involving theft, within the past 7 years; or

(10) violated any other provision of this Chapter, Chapter 11, or any other law or regulation relating to the sale, installation, monitoring, or maintenance of alarm systems.

(b) Before revoking, suspending, or refusing to grant or renew a license under this Section, the enforcing agency must give the licensee an opportunity for a hearing to show cause why the license should not be revoked or suspended, or the license application should be granted or renewed. The enforcing agency must give the licensee or applicant 15 day’s written notice of the hearing, by personal service or certified mail delivered to the last address provided by the licensee or applicant. The notice must specify the time, date, and place of the hearing, and must contain sufficient information to give the licensee or applicant notice of the nature of the complaint. The notice must specify that the licensee or applicant has a right to representation by counsel and that the license could be suspended, revoked, or denied.

(c) The hearing officer may revoke, suspend, or refuse to grant or renew a license if the hearing officer finds that the licensee or applicant has violated this Chapter, Chapter 11, or any other law or regulation relating to the sale, installation, or maintenance of an alarm system. Any decision to revoke, suspend, or refuse to grant or renew a license must be in writing and must state the facts on which the decision is based. Any decision must be served on the licensee or applicant by personal service or by certified mail. The licensee or applicant may appeal a decision to revoke, suspend, or refuse to grant or renew a license to the Circuit Court as an administrative appeal under the Maryland Rules of Procedures.

(a) An alarm user who violates Section 3A-3 or Section 3A-6(c) is subject to punishment for a class B violation.

(b) The Police Department must not respond to an alarm signal from an alarm system if the alarm user has:

(2) not paid an alarm response fee due under Section 3A-4 after expiration of the time allowed for, or the conclusion of, any appeal under Section 3A-5; or

(3) not conformed the user’s alarm system to County installation standards under Section 3A-6(d).

(c) Notwithstanding any other provision of this Chapter, the Police Department should respond to an alarm signal that a person intentionally activated in response to actual or threatened criminal activity. The enforcing agency must not count the signal as a false alarm under this Chapter.

(d) An alarm business that violates this Chapter is subject to punishment for a class A violation.

(a) This Chapter applies to any person or business, including any federal, State, County, or other government agency, that uses an alarm system that can elicit a response by County law enforcement personnel.

(b) The County Executive must adopt regulations under method (2) to implement this Chapter.

The County Executive must report to the County Council on the implementation of this Chapter by March 1 of each year.

The enforcing agency, as defined in Section 3A-1 of the Code, as amended by Section 1, should inform alarm users and alarm businesses about the requirements and penalties of Chapter 3A of the Code, including changes to existing law made by this Act. The enforcing agency may require alarm businesses to notify their customers about the changes in law made by this Act.