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HomeMy WebLinkAboutOrdinance-1982-0504I%w INTRODUCED BY COUNCILMF.MBER MERKL ORDINANCE NO. 504 Series of 1982 TITLE: AN ORDINANCE AMENDING CHAPTER 18, "POLICE," OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, WITH THE ADDITION OF AN ARTICLE V. "POLICE ALARM SYSTEMS;" PROHIBITING DIRECT ALARM SYSTEMS; PROHIBITING INTENTIONAL FALSE ALARMS; PROVIDING FOR THE IMPOSITION OF CHARGES AGAINST USERS FOR FALSE ALARMS; AUTHORIZING ASSESS14ENT THEREFOR.; PROVIDING FOR THE RIGHT OF INSPECTION; THE REMOVAL OF UNLAWFUL EQUIPMENT; THE REVOCATION OF PERMITS; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY COLORADO: WHEREAS, the City unnecessary costs unnecessary risks to any such alarm THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, Council finds that there are increasing and associated with police alarm devices, as well as to human safety which are associated with response devices; WHEREAS, the City Council is of the opinion that certain of the unnecessary costs may be eliminated by regulation; WHEREAS, the City Council is of the opinion that certain other costs are not attributed to general police protection and should be borne by the beneficiary thereof, and that the regulation of police alarm systems will curtail such unnecessary public expendi- tures and unnecessary risk to human health and safety; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 18, "Police," of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of Article V, "Police Alarm Systems," providing as follows: ARTICLE V POLICE ALARM SYSTEMS Section 18-48. Purpose. The purpose of this Article is to estab- lish standards and controls for the various types of automatic alarm devices which require police response, investigation, and safeguarding of property and persons at the location where such device is in operation and those who may be jeopardized by the necessity of the Wheat Ridge Police to respond to such an emergency situation. Section 18-49. Definitions. (a) Police alarm device: Any device which, when activated by the victim of a hold-up or robbery at a specific location, by forced entry into premises, or by other stimuli, transmits a pre- recorded message or other signal by telephone, radio, or other means to a central alarm station or directly to the police radio dispatch room requiring a police response. (b) Direct alarm device: Any police alarm device or system which transmits, by whatever means, its alarm signal from the location of the alarm to the police radio dispatch room or other police dispatch facility without the last step in the transmission process being a live voice capable of two-way communication. This defini- tion includes automatic telephone alarm devices connected to emergency line 911 or other telephone numbers. PAGE TWO _ COUNCIL BILL NO. 504 (c) Audible alarm device: Any alarm device which produces an audible signal at the premises where it is installed, whether by means of bells, horns, sirens, or other mechanism, thereby notifying persons within audible range of the signal that police should be notified. Smoke detectors or fire detectors located in individual residences or businesses are expressly excluded from this category of audible alarm device. (d) Central alarm station: Any facility which is manned at all times by trained operators employed to receive, record, and validate alarm signals and to relay information about validated signals to the police radio dispatch room when appropriate. (e) Alarm user: Any person, corporation, partnership, or other entity of any description whatsoever which causes to be located upon property wherein it has any interest, whether ownership or leasehold or other interest, a police alarm device or an audible alarm device. (f) Alarm provider: Any person, corporation, partnership, or other entity of any sort or description whatsoever which provides, whether or not for profit, a central alarm station or which provides, whether or not for profit, a police alarm device or which receives signals from a police alarm device and reports receipt of said signals to the Wheat Ridge Police. (g) False alarm: Any alarm signal originating from a police alarm device or audible alarm device, to which the police respond and which results from: 1. false activation, including reporting a robbery where no actual or attempted robbery has occurred, or reporting a burglar alarm where there is no evidence to substantiate an attempted or forced entry to the premises; 2. alarm malfunction, including mechanical failure or electrical failure; 3. alarm triggered by subscriber's negligence, including overly sensitive settings. Provided, however, that false alarms shall not include an alarm signal caused by violent conditions of nature or other extra- ordinary circumstances not reasonably subject to control by the alarm user. (h) Treasurer: The elected Treasurer of the City of Wheat Ridge, or his designee. (i) Chief of Police: The appointed Chief of the Wheat Ridge Police Department, or his designee. Section 18-50. Direct alarms prohibited. It shall be unlawful for any person, firm, corporation, or other entity to sell, lease, install, maintain or have in operation on his premises in the City of Wheat Ridge any direct alarm device, as defined in Section 18-49(b), except where the use of such device is required by virtue of federal or state regulation, such as an FDIC insured institution. Section 18-51. False Alarms Unlawful. (a) It shall be unlawful for any person to intentionally cause the transmission of an alarm he knows to be false. (b) It shall be unlawful for any alarm user to allow the transmission of a false alarm as above defined. Transmission of a PAGE THR. COUNCIL BILL NO. 504 false alarm by a permittee pursuant to this Section 18-51(b) shall subject the permittee to a charge as specified in Section 18-54 hereof. Section 18-52. Responsibility of an alarm user. An alarm user shall: (a) Respond to the location to where an alarm originated within one hour after a request by the Police Department, or shall contractually provide for such response to such request by an alarm provider. Failure to respond within a reasonable time after such a request by the Police Department, unless necessitated by a legitimate reason made known to and accepted by the Police Department, shall constitute grounds for revocation of authority to maintain either a police alarm device or audible alarm device upon the premises; (b) In the event any alarm or warning signal is audible to others not on the premises where the audible alarm device is main- tained, terminate, or cause to be terminated, any audible alarm signal at a time no later than fifteen (15) minutes after the activation of said audible signal. Section 18-53. Charges for false alarms. No alarm user shall be charged for any of the first twelve (12) false alarms in any one calendar year, provided that not more than three (3) of said false alarms occur in any calendar month. The first false alarm after twelve (12) in any one year or three (3) in any calendar month shall result in a charge being imposed in the amount of Twenty-Five Dollars ($25.00), the second false alarm shall result in a charge of Fifty Dollars ($50.00), and the third and all subsequent false alarms shall result in a charge of One Hundred Dollars ($100.00). Section 18-54. Collection of charges. (a) For the purposes of this section, an alarm user who is lessee, occupant, or tenant of the premises from which the false alarm originated shall be deemed agent of the owner thereof. (b) Whenever the police department determines a charge shall be made pursuant to Section 18-53, a bill and notice shall be sent to the alarm user at his last known address, stating the assessment which has been made, the reason therefor, the date payment is due, and notifying the alarm user that he has a right to a hearing before the Chief of Police if a request therefor is made before the due date. (c) All assessments are due and payable to the City of Wheat Ridge within fifteen (15) days of mailing of the notice required in subsection (b), except, if a hearing is timely requested, the assess- ment is due within ten (10) days after an adverse decision at such hearing. (d) Collection of charges as a lien: if the alarm user shall fail to pay the assessment within thirty (30) days after the same becomes due, the Treasurer shall certify such assessment to the County Treasurer to be levied on the premises and collected the same as general taxes. Ten percent (100) of the amount shall be added to the assessment to pay the cost of collection. Section 18-55. Grace period after installation. For the first thirty calendar days following installation of a police alarm device or audible alarm device, no charge shall be made for any false alarms in order to allow for proper installation and adjust- ments of said alarm systems. PAGE FO- COUNCIL aiLL NO. 504 Section 18-56. Licensing of alarm providers. Any alarm provider as above described shall register with the Chief of Police of the City of Wheat Ridge, or his designee, and, at the time of registra- tion, shall pay a license fee of Fifty Dollars ($50.00), and shall provide such information as may reasonably be required by the Chief of Police pursuant to the rules and regulations authorized hereinafter, which information shall be used for the purpose of checking the character and references of the alarm provider and its employees so as to assure the residents of the City of Wheat Ridge that reputable persons will be providing the alarm services herein contemplated. Section 18-57. Rules and regulations. The Chief of Police may promulgate rules and regulations that may reasonably be necessary for purposes of assuring the quality, efficiency, and effective- ness of police alarm devices and alarm installations owned, operated, maintained, installed, or sold under this Article, and for administering and enforcing the provisions of this Article. Said Rules and Regulations shall be approved by the Wheat Ridge City Council and shall be published prior to the time they go into effect, and shall have the same force and effect as this Article of the Code of Laws. Section 18-58. General penalty authorization. Unless another penalty is provided for herein, upon conviction of any action or omission declared to be unlawful by this Article, a person shall be subject to a fine not to exceed Three Hundred Dollars ($300.00) or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition, any alarm provider who fails or refuses to comply with the rules and regulations authorized by Section 18-57 hereof shall be subject to having his license revoked, following a hearing conducted before the Wheat Ridge City Council at which hearing due process will be afforded. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance or its appli- cation to other persons or circumstances. Section 4. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first readin to 0 , this 9th day of August , 1982; in full in a newspaper of general circulation Ridge and Public Hearing and consideration on for August 23 1982, 7:30 p.m. Chambers, 7500 West 29th Avenue, Wheat Ridge, 3 by a vote of 8 ordered published in the City of Wheat final passage set in the Council Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 6 to this 23rd day of August 1982, f$ SIGNED by the May /on this day of August 1982. ATTEST,: 4f = a dc;., f Frank Stites, Mayor Carol F. Hampf, C' lst publication: Aug. 1 2 2nd publication September 2, 1982 Effective Date: September 17, 1982 Wheat Ridge Sentinel APP VF ~~AS;~ O+v O BY OFFICE OF CITY ATTORNEY f