HomeMy WebLinkAboutordinance.council.003-88 ORDINANCE NO.
(Series of 1988)
AN ORDINANCE AMENDING CHAPTER 8 1/2 OF THE MUNICIPAL CODE BY
REPEALING AND RE-ENACTING SECTIONS 8 1/2-1, 8 1/2-2, 8 1/2-6,
ADDING SECTIONS 8 1/2-1.1, 8 1/2-6.1, 8 1/2-7.1, 8 1/2-9.1 AND
REPEALING SECTION 8 1/2-5(b) TO ESTABLISH A PERMIT REQUIREMENT
FOR ALL ALARMS SYSTEMS USERS, NEW PERMIT FEES, AND PRESCRIBING
PENALTIES FOR A VIOLATION THEREOF
WHEREAS, the City Council of the City of Aspen adopted an
Emergency Alarm Systems and Protection Services ordinance in 1980
to regulate the use of alarm systems and the operation of
emergency alarm protection services; and
WHEREAS, the aforementioned ordinance was amended in 1984 to
establish a Ten Dollar ($10.00) false alarm fee for each response
to a false alarm; and
WHEREAS, the Aspen Police Department, over the last four
years, has experienced a steady and significant increase in
demand for police response to alarms; and
WHEREAS, the Aspen Police Department responded to
approximately 950 requests by local alarm companies in 1987, a
substantial portion of which were false alarms created by
customer or alarm company error; and
WHEREAS, requests for service by alarm companies, including
false alarms, are draining the resources of the Aspen Police
Department in a manner disproportionate to the actual need for a
police response to the specific request for service, are cost
ineffective, and unnecessarily divert financial resources and
manpower away from other community needs; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Aspen, its residents and visitors to
amend Chapter 8 1/2-1, 8 1/2-2 and 8 1/2-6, adding Sections 8
1/2-1.1, 8 1/2-6.1, 8 1/2-7.1, 8 1/2-9.1 and repealing Section 8
1/2-5(b) as set forth herein in order to establish a permit
requirement for all alarms systems users, establishing new permit
fees, and prescribing penalties for a violation thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1. Repeal and Re-enactment
That Section 8 1/2-1 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Section $ 1/2-1. DEFINITIONS
(a) Alarm businesS: Alarm business shall mean the business
by any individual, partnership, corporation, or other
entity of selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing of
any alarm system in or on any building, structure or
facility, or the business of monitoring such alarms for
the purpose of requesting police response to activated
alarms.
(b) Alarm user: Alarm user shall mean the person, firm,
partnership, association, corporation, company, or
organization of any kind in control of any building,
structure, or facility wherein an alarm system is
maintained.
(c) Emergency alarm system: Emergency alarm system shall
mean any burglar, holdup, police, fire, or other
emergency alarm or device arranged to signal the
occurrence of an activity requiring urgent attention to
which police are expected to respond.
(d) False alarm: False alarm shall mean an alarm signal,
eliciting a response by police when a situation of
imminent threat of injury to person or property or
theft of property does not in fact exist, but does not
include an alarm signal caused by violent conditions
of nature or other extraordinary circumstances not
reasonably subject to control by the alarm business or
alarm user.
(e) Director of Operations: Director of Operations shall
mean the Chief of Police of the Aspen Police Department
and such persons designated by the Chief of Police to
administer the provisions of this chapter."
Section 2. Addition of Section $ 1/2-1.1
That Section 8 1/2 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended by the addition of Section 8
1/2-1.1, said section to read as follows:
"Section 8 1/2-1.1 ALARM USER PERMIT
(a) Every alarm user shall obtain an alarm user's permit
for each separate emergency alarm system from the
Director of Finance prior to the use of an alarm
system. Emergency alarm systems in operation on the
date of the adoption of this section shall obtain such
permit within sixty (60) days. The 'permit year' shall
extend from July 1st to the following June 30th.
Application for an emergency alarm user's permit and a
fee of Thirty-five Dollars ($35.00) for each permit
shall be filed with the Director of Finance before July
1st of each year. Revoked permits may be reactivated
during the permit year for a fee of One Hundred Dollars
($100.00). Each permit shall bear the signature of the
Director of Operations and shall be for a one (1) year
period. The Director of Operations may require the
user to provide such information deemed reasonably
necessary for the expeditious and safe response of
officers and the timely and effective billing of false
3
alarm fees. This information includes, but shall not
be limited to, the name and current mailing and physical
address of th~ person responsible for paying false
alarm fees. The permittee shall also provide, through
the alarm business, current and reasonable directions
to the alarm site. Residential permittees may be
required to display the house number so that it is
visible and discernible from the street. An alarm
business may act as agent for the user in the handling
of permit matters."
Section 3. Repeal and Re-enactment of Section 8 1/2-2
That Section 8 1/2-2 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Section 8 1/2-2. ALARM BUSINESS LICENSE REQUIRED; APPLICA-
TION; FEE; BOND
(a) It shall be u~lawful to operate an alarm business
within the City without having first obtained a
business license therefor.
(b) Applications shall be filed and licenses for an alarm
business license shall be issued under the provisions
of and pursuant to the regulations of Sections 12-1 to
12-40, inclusive, of this code; provided, however, that
the annual license fee shall be the sum of Two Hundred
Dollars ($200.00).
(c) Applications for alarm business licenses shall be
accompanied by an affidavit signed by the applicant,
setting forth the location of the proposed facilities,
the equipment, personnel policies, management and
method of operations of the applicant, and such other
information as the Director of Finance may reasonably
require from time to time, and stating further that the
applicant agrees to comply with all the provisions of
this Chapter $ 1/2.
(d) Applications for an alarm business license shall
include:
(1) Proof of technical capacity to install and
properly maintain emergency alarm systems, which
4
shall include three (3) letters of recommendation
from alarm manufacturing and supply companies
attesting to the applicant's technical qualifica-
tions, and such other proof as the Director of
Finance may reasonably require from time to time.
(2) The applicant's current financial statement,
certified by a certified public accountant,
demonstrating the applicant's ability to comply
with the requirements of this Chapter 8 1/2.
(e) Upon approval of the application, but prior to issuance
of an alarm bgsiness license by the Director of
Finance, the applicant shall provide:
(1) A performance bond in the amount of Ten Thousand
Dollars ($10,000.00) guaranteeing the performance
of the applicant's obligations under this Chapter
8 1/2.
(2) A certificate of insurance in the face amount of
not less than One Million Dollars ($1,000,000.00)
insuring the applicant against personal injury an
property damage, errors and omissions of the
applicant, its employees and agents, and third
party contractors acting under the authority of
the applicant.,,
Section 4. Repeal of Section 8 1/2-5(b~
That subsection (b) of Section 8 1/2-5 of the Municipal Code
of the City of Aspen, Colorado, is hereby repealed.
Section 5. Repeal and Re-enactment of Section 8 1/2-6
That Section 8 1/2-6 of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and re-enacted to read as
follows:
"Section 8 1/2-6. FALSE ALARM FEE
(a) Each time an alarm business relays a false alarm to the
Aspen Police Department the alarm user who has con-
tracted with the alarm business to monitor that alarm
shall pay a fee of Fifty Dollars ($50.00) to the City
5
of Aspen within thirty (30) days of receiving a bill
from the Director of Finance.
(b) Any testing or installation of equipment that may
activate an emergency response from the Police Depart-
ment must be approved in advance by the Director
Operations. Unless such approval is granted an alarm
that occurs during installation or testing will be
considered a false alarm."
Section 6. Addition of Section 8 1/2-6.1
That Chapter 8 1/2 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended by addition Section 8 1/2-6.1,
which section shall read as follows:
"Section 8 1/2-6.1. REVOCATION OF ALARM USER'S PERMIT
(a) Any emergency alarm system which has four or more false
alarms within a permit year shall be subject to permit
revocation as provided herein.
(b) Failure of the alarm user to pay a false alarm fee
within thirty (30) days of receipt of the bill from the
Director of Finance shall subject the alarm permit to
immediate revocation.
(c) Failure on the part of the user to provide current
permit information shall subject the alarm permit to
revocation.
(d) If the Police Department records indicate that four or
more false alarms have occurred within a permit year
for an alarm system, or if the alarm user fails to
comply with reasonable requests to update alarm permit
information, the Director of Operations shall notify
the alarm user and the alarm business that monitors the
alarm that the user permit will be revoked if the user
does not contact the Director of Operations within
fifteen (15) days of the service of the notice by
certified mail. The notice shall be mailed to the last
known billing address as provided by the user on the
current year's permit application. The notice shall
also advise the user of the process for requesting a
revocation hearing.
6
(e) If contacted by the alarm user, the Director of Opera-
tions shall require the user to arrange a meeting with
the Director of Operations, the alarm user and a
representative of the alarm business within fifteen
(15) days to determine a plan for eliminating the false
alarms.
(f) If the user does not contact the Director of Opera-
tions, or if the Director of Operations determines that
the action recommended by the user and/or business
representative will be ineffective, the Director of
Operations shall revoke the permit and send a final
notice of revocation to the user by certified mail.
(g) If the action recommended by the user and/or business
representative is acceptable to the Director of
Operations, the permit shall not be revoked, however,
the Director of Operations shall advise the user that
one more false alarm in the permit year will result in
the summary revocation of the user permit.
(h) The return of unreceipted certified notices or bills to
the City of Aspen shall be evidence of non-compliance
with permit requirements by the alarm user and shall
result in the immediate revocation of the alarm permit.
(i) A user whose permit has been revoked may request an
appeals hearing before the City Council within thirty
(30) days of the mailing of the final revocation notice
by the Director of Operations. An appeal shall be
perfected by filing notice thereof with the City Clerk.
The City Clerk shall set the matter on the agenda of
the next regular City Council meeting, at which hearing
the alarm user shall be permitted to introduce all
relevant evidence and be allowed to examine and cross-
examine witnesses. At the conclusion of the hearing,
or within twenty-one (21) days thereof, the City
Council shall make findings and state reasons for its
decision."
Section 7. Addition of Section 8 1/2-7.1
That Chapter $ 1/2 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended by the addition of Section 8
1/2-7.1, which section shall read as follows:
7
"Section $ 1/2-7.1. OPERATION OF UNPERMITTED ALARM SYSTEM;
FAILURE TO PAY FALSE ALARM FEE
Operation of an alarm system without a permit or failure to
pay false alarm fees is a misdemeanor."
Section 8. Addition of Section $ 1/2-9.1
That Chapter 8 1/2 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended by the addition of Section 8
1/2-9.1, which section shall read as follows:
"Section 8 1/2-9.1. EXEMPTION FROM STATUTORILY REQUIRED
ALARM SYSTEMS
An alarm user required by federal, state, county or munici-
pal statute, regulation, rule or ordinance to install,
maintain, and operate an alarm system shall not be subject
to permit revocation. However, any false alarms in excess
of four in a permit year shall be billed at the rate of One
Hundred Dollars ($100.00) per alarm."
Section 9
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 10
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 11
A public hearing on the ordinance shall be held on the
day of ~~-~~ , 1988, in the city Council
Cha~ers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ~D ORDERED PUBLISHED as provided by law by
the city Council of the City of Aspen on the /~M~ day of
, 1988.
ATTEST:
Kathryn~.'Koch, City Clerk
FINALLY adopted, passed and approved this /~ day of
~ , 1988.
William L. Stirl±ng, May~
ATTEST:
~och, City Clerk