HomeMy WebLinkAbout1977- 1 Providing for the Licensing and Regulation of the Installers or Maintainers of Police Alarm Systemsti ~"1'..
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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
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Department;
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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INTRQDUCED, READ, ADAPTED AS AMENDED, ENACTED ON SECOND
READING, AND ORDERED PUBLISHED IN FULL this 18th day of Oanuary, 1977.
TOWN OF VAIL, COLORADO
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