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HomeMy WebLinkAbout1977- 1 Providing for the Licensing and Regulation of the Installers or Maintainers of Police Alarm Systemsti ~"1'.. t .. ~~ .. _i ORDINANCE NO. 1 Series of 1977 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF THE INSTALLERS OR MAINTAINERS OF POLICE ALARM SYSTEMS; PROVIDING DEFINITIONS; RE(7UIREMENT5 AND PENALTIES FOR FALSE ALARMS; FEES AND CHARGES; PROHIBITING THE USE OF CERTAIN EQUIPMENT; AUTHORISING THE CHIEF OF POLICE TO DETERMINE THE ACCEPTABILITY OF EQUIPMENT; EXCEPTIONS; RULE MAKING AUTHORITY OF TOWN MANAGER; APPEALS; PENALTIES FOR VIOLATIONS OF THE ORDINANCE; AND OTHER MATTERS RELATING TO THE FOREGOING C~IHEREAS, it is advantageous to the public safety to have police alarm systems within the Town and to have the same signal a central dispatch place within the Town of Vail; WHEREAS, false alarms requiring a police response produce results as follows: (1) A high dollar cost and consequent waste of resources in response to such alarms; {2) Congestion of communications in the Police Department system; (3) Unnecessary danger to police personnel and citizens from the response as required by.the alarm even though it turns out to be a false alarm; (4) Delay and deprivation of police services and protection to people with genuine problems when police per- sonnet are occupied with false alarms; WHEREAS, in the first ten months of 1976, the Police Department has received numerous false alarms; WHEREAS, identification and minimal control of installers or maintainers of alarm systems is in the public's interest and welfare; WHEREAS, certain equipment would jeopardize the quality, efficiency and other dispatch services of the Police r Department; /' ~ (~ Ord. 1 Page 2 WHEREAS, certain equipment may not be of the best quality and of questionable value to the public safety agen- cies and the public that it is intended to protect; and WHEREAS, the Town Council. of the Town of Vail zs of the opinion that certain regulations should be adopted relating to public safety alarms; - NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNC3L OF THE TOWN OF VAIL, COLORADO, THAT: {].} Definitions: (a) Alarm business: Means the business of any individual, partnership, corporation or other entity engaged in selling, leasing, renting, maintaining, servicing, repairing, testing, alter- ing, replacing, moving or installing any police, burglary, robbery or similar alarm system in the Town of Vail, or causing any such alarm or alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure, or facility in the Town, or any business acting as a receiver of such alarm or alarm system. {b) Alarm device: Any device wh~cn, when actuated by a criminal act or other police emer- gency requiring a police response, transmits a signal or message by telephone, radio or other means to a central alarm station or dispatch room, or produces an audible or visible signal designed to notify persons within audible or visible range of the alarm. {c} Audible alarm: Means an alarm device which is actuated by criminal activity requiring a Police Department response and which generates an audible sound on the premises when it is actuated. ~ ~ ~ ~ Ord. ~ Page 3 (d) Direct dialer: A telephone company- supplied leased circuit or ring--down circuit leading directly to the communications center of the Police Department that is for use only to report emergency messages and signals on a person-to-person basis, (e) False alarm: Means an alarm signal necessitating a response by the Police Department where an emergency situation does not exist. {f) Person: Means a natural person, firm, partnership, association or corporation. {2) License Required for Installers or Maintainers: {a) It shall be unlawful for any person to install or maintain police alarm systems in the Town of Vail without first having obtained a license to do so. Nothing in this section shall be con- strued to apply to persons that sell, but neither install nor maintain alarm systems within the Town, or to individuals who either purchase and install their own systems or design and install their own systems. {b} Installer's License: {i) A license for installers of lease alarm systems or persons who do regular maintenance on alarm systems shall be issued by the Town Clerk after approval of the applicant and his employees, if any, by the Chief of Police, and upon payment of $25.00 for the first issuance of such license and a payment of $25.00 annually thereafter. Each such license shall expire on December 31 of each year. {ii) Such information as may be required by the Chief of Police shall be furnished by all persons who will be doing installation or maintenance ~ ~ ~ Ord. 1 Page 4 work as may be required by the Chief to enable a background investigation to determine the fitness of the applicant for a license to install or maintain alarm systems. Applicants may be fingerprinted and photographed in conjunction with such investigation. Identification cards shall be issued by the Chief of police. (iii) The permit shall. be denied by the Chief of Police if {1) The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; {2) The applicant, his employee or agent, has knowingly made any false, mislead- ing or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any Town agency; or (3) The applicant has had a similar type permit previously revoked for goad cause within the past year, unless the applicant can show a material change in circumstances sinc e the date of the revocation. {iv) The identification card so issued by the Chief of Police shall be carried at all times by persons licensed hereunder, and such cards shall be shown on demand. (v) No license required hereunder sha11 be issued until the applicant files with the Town Clerk a surety bond or other surety guarantee in the amount of not less than $50,000, conditioned fox faithful and honest conduct of the business ~~ ~ ~ ~ Ord• 1 Page 5 and individuals under the license. Such bond shall run in favor of the Town of Vail and citizens thereof who are served by the licensee, his agents and employees. (c} Maintainer's License: A license for per- sons maintaining or using an alarm device on premises awned or controlled by that person shall be required and issued by the Town Clerk on application of said person and upon the payment of a license fee of $5.00. Said application shall be made an the forms prepared and supplied by the Town Clerk. The Main- tainer's License shall be effective until revoked, the alarm device for which it is issued is no longer in use, or the license holder sells, leases, assigns, conveys or divests himself of his interest in the property protected by the alarm device. (3} Installation and Maintenance Costs: A11 costs and charges incurred in the installa- tion and maintenance of alarm systems permitted by this ordi- Hance in Police communications facilities shall be borne by the installing license holder. (4} Monitoring Fees: every person who is protected by an alarm system or device that is monitored in the Police Department of the Town of Vai1~ and said alarm system reports directly to the Police Department dispatch or communications officer, sha11 pay to the Town of Vail a monitoring fee of $25.00 per calendar year, or any portion thereof, that the Police Department moni- tors said alarm. Provided, however, that if the person whose property is protected by an alarm system or device has not had a false alarm for said property within the calendar year for which said fee is due and payable, the monitoring fee shall be waived. ~ ~ ~ Ord. 1 Page 6 (5) False Alarms: (a} Any person protected by an alarm system or device shall pay to the Town of Vail $10.00 fox' that person's first false alarm chargeable as provided below and $25.00 thereafter, for response to a place of business or home by members of the Police Department occasioned by a false alarm from the system where such system exceeds the following: (i} One false alarm in any 30-day period; {ii) Two false alarms in any 90-day period; (iii) Three false alarms in any 184-day period. (b) All alarm systems shall be afforded a 30- day adjustment period, commencing with the date of activation, or the date of operation by a new main- tainer's licensee, in order that the system may be brought to maximum efficiency. During that period of time, na false alarms shall be charged against the system; however, emergency response by the Police Department of the Town may be restricted or curtailed, if, in the determination of the Chief of Police, the number of false alarms becomes excessive. After the adjustment period ends, the sums imposed by this ordinance shall be applicable for false alarms. (c) Zn the event of an excessive number of false alarms, the Chief of Police may declare the alarm "unreliable" and restrict or curtail the response of the Police Department to the alarm system until such time as the subscriber or alarm business shall show a material change in circumstances. The Chief of Police may make a determination of un- reliability of the system i~ there are more than six false alarms in any 180--day period. {6} Prohibited Equipment: (a) No equipment may be installed or added to an alarm system reporting directly to the Police 1 . :~ . 3~. Qrd. 1 Page 7 Department dispatch officer without the prior written approval of the Chief of Police. Said approval may be denied by the Chief if he deter- mines that the proposed equipment is unreliable, does not comply with the standards of the Depart- ment, or there is a lack of space or personnel available to handle said alarm. (b} No other audible alarms shall be installed within the Town of Vail on or after December 31, 1976, provided, however, that existing audible alarms may be retained. Every person maintaining an audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is actuated. Such notice shall be posted near the alarm in such a position as to be legible from the ground outside the building where the alarm system is located. {c) No direct dial systems shall be installed or maintained that connect directly to the Town of Vail Police Department. (d) Rules and Regulations: The Town Manager may promulgate reasonable rules and regulations that may be reasonably necessary for the purposes of assuring the quality, efficiency, and effective- ness of alarm devices and installations. (7) Appeals: Appeals from a denial of a license or installa- tion of equipment or the imposition of a false alarm fee by the Chief of Police or the Town Clerk shall be taken to the Town Manager. {$) Collection of Fees: (a) False Alarm Fees: The Finance Department of the Town may submit to alarm users at the end of each month, a statement for the fees imposed for Ord. 1 Page 8 false alarms. If said fee is not paid within thirty days of the date of the billing, the alarm monitoring and response will be discontinued until said fee is paid. (b) Monitoring Fee: The monitoring fee shall be paid upon installation for the remainder of the year and thereafter on or before December 31 of each year or portion thereof that the alarm was monitored by the Police Department. If the amount is not paid within thirty days of its due date, the alarm monitoring and response will be discontinued. (c) Recovery of any sums owing may be made through an action at law in addition to the other remedies that may be available to the Town. (9) Exceptions: None of the provisions of this ordinance shall apply to an alarm device or devices installed in a motor vehicle or trailer. (10) Suspension and Revocation: (a) In addition to any other penalties pre- scribed by this ordinance, the Chief of Police has the power, on his own motion or on complaint, after investigation and public hearing at which the installer ar maintainer licensee shall be afforded an opportunity to be heard, to suspend or revoke said license for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this ordinance, or any of the rules or regulations authorized pursuant to this ordinance. (b) Notice of suspension or revocation, as we11 as notice of such hearing, shall be given by mailing the same in writing to the licensee at the address contained in such license. . ~.. ~~ ~ ~ Ord. 1 Page 9 No such suspension shall be for a longer period than six months. Tf any license is suspended or revoked, no part of the fees paid therefor shall be returned to the licensee. (c) The determination by the Chief of Police with regard to matters of suspension ar revocation of a license shall be appealable to the Town Council, provided a notice of appeal is filed with the Town Clerk within ten (10) days after the action by the Chief. The Town Clerk shall transmit such appeal to the Council at the next meeting of the Town Council. Upon receipt of the appeal, the Council shall set a time far hearing of the appeal and shall give notice to the appellant of the time and place of the hearing. A11 appeals shall be heard by the Town Council within thirty (30} days after the date of the Council meeting at which the notice of appeal was presented by the Town Clerk. (11) Penalty for Violations Any person convicted of a violation of any provision of this ordinance shall be subject to a fine not exceeding $300 or a jail sentence not to exceed ninety days or a combination of said fine or jail sentence. (12) Severability: If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions ,~ of this ordinance. The Town Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or ~' more sections, sub--sections, sentences, clauses, or phrases may be declared invalid. .' , r .,. ~ ~ J Ord. ~ page l4 INTRODUCED, READ ON ~'TRST READING, APPROVED, AND ORDERED PUBLISHED ONCE TN FUL] 1977, and a public hearing on at the regular meeting of the Vail, Colorado, on the ~g~. at 7.30 P.M. in the Municipal ,, this ~~ day of January, this ordinance shall be held Town Council of the Town of day of JCLN-{•Ll(hC~~ , 1977, v Building of the Town. ~xy V i ~ ~ ~, '' ATTEST :~ ~ ~' ~, r .~~~ ~~~ Town C1.~e~k,;' ~ ii,Z~ ,~•,,,, INTRQDUCED, READ, ADAPTED AS AMENDED, ENACTED ON SECOND READING, AND ORDERED PUBLISHED IN FULL this 18th day of Oanuary, 1977. TOWN OF VAIL, COLORADO ,~ ,,, r 'ATTEST: ~~~, '~, '~~ I ~ ~, TowCh`'C7~'er