Loading...
HomeMy WebLinkAboutordinance.council.005-80ORDINANCE NO. 5 (Series of 1980) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY REPEALING AND REENACTING CHAPTER 8 1/2 THERETO ENTITLED "EMERGENCY ALARM SYSTEMS" AND REQUIRING THE LICENSING OF THOSE ENGAGED IN PROVIDING PROTECTIVE SERVICES; AND, ESTABLISHING A FEE FOR FALSE ALARMS TO WHICH THE POLICE RESPOND WHEREAS the City Council desires to regulate emergency alarm systems to protect the public against irresponsible installation and/or monitoring firms, to encourage periodic maintenance and repair of such systems, and to reduce the number of false alarms. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF ASPEN, coLORADO: Section 1 Chapter 8 1/2 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted as follows: Section 8 1/2-1. Definitions. (a) Emergency Alarm S~stem. "Emergency alarm system" shall mean and include any burglar, holdup, police, fire or other emergency alarm or device. (b) Protection Services. "Protection services" shall mean and include the installation of an emergency alarm sys- tem, the providing of guard service, or the operation or maintenance of any emergency alarm system or device including, but not limited to, receiving emergency alarms and transmitting them to the Aspen Police Depart- ment for response or providing security patrol activity. Section 8 1/2-2. Protection Service Business License. (a) It shall be unlawful to provide protection services within the City without having first obtained a business license therefor. (b) Application for a protection service business license shall be filed and licenses shall be issued under the provisions and pursuant to the regulations of Sections 12-1 to 12-40, inclusive, of the Municipal Code of the City of Aspen, Colorado, provided, however, that the annual license fee shall be the sum of Two Hundred Dollars. ($200.00). (c) Applications for a protections service business license shall be accompanied by an affidavit signed by the applicant stating the name of the applicant, the address, and the proposed facilities, equipment, personnel policies, management and method of operations of the applicant, and such other information as the finance director may reasonably require from time to time, and stating further that the applicant agrees to comply with all of the provisions of this Chapter 8 1/2. -1- (d) Applications for a protection service business license shall include: (1) Proof of technical capacity to install and maintain properly emergency alarm systems,' which shall include three (3) letters of recommendation from alarm manufacturing and supply companies attesting to the applicant's technical qualifications, and such other proof as the finance director 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 of a protection service business license by director, the applicant shall provide: to issuance the finance (i) A performance bond in the amount of $10,000.00 filed with the City, guaranteeing the performance of applicant's obligations under this Chapter 8 1/2. (2) A certificate of insurance in the face amount of not less than $1,000,000.00 insuring the applicant against personal injury and property damage, errors and omissions of the ap~icant, its employees and agents, and third party contractors acting under authority of the applicant. Section 8 1/2-3. Prohibited connections and emergency alarm systems. (a) No alarm system or device, other than those required by Federal or state law or those connected by a licensed protection service, shall be connected directly to the Aspen Police Department. (b) No alarm system or device which transmits a signal or prerecorded message directly to the police department shall be connected to or be permitted to use any telephone lines serving the department. (c) No alarm system or device which transmits a signal to an unlicensed protection system shall be permitted to use any telephone lines serving the department. (d) No alarm system or device which transmits only an audible signal to the general public (so-called "local alarm") shall be permitted within the City of Aspen, except, however, local, residential fire alarms, and mobile or automobile alarms. (e) The City shall make available to each licensee hereunder sufficient space in its police department to accommodate the required telephone equipment, but shall otherwise be under no duty or obligation of any kind to a licensee hereunder. Section 8 1/2-4. Installation, Operation and Maintenance of Emergency Alarm System. (a) Ail costs and expenses of installing, maintaining, and monitoring emergency alarm systems licensed hereunder, shall be borne entirely by the licensee. It shall be the further responsibility of a licensee hereunder to relocate its police department telephone connections to any different location that may be reasonably required from time to time by the police department, without expense to the City. -2- (b) It shall be unlawful to install and thereafter operate or maintain any emergency alarm device or system of any kind, with the exception of local, residential fire alarms, mobile and automobile alarms, or an alarm system or device required by Federal or State law, without having first obtained a protection service business license. Section 8 1/2-5. Emergency Alarm System Warning Signal Requirements. (a) Every emergency alarm system installed within the City shall have an audible warning signal which sounds immediately if the system is mistakenly armed when it should not be so armed. Such warning signal must be located in close proximity to the control point where the arming and disarming of the system and must be of at least ninety (90) decibels intensity at the point of control. (b) Sixty (60) days from the date this ordinance is adopted shall be allowed for the installation of warning signal devices in any alarm system not pre- sently so equipped. Thereafter, it shall be unlawful to operate any system not so equipped. Section 8 1/2-6. False Alarm Fee. (a) Any protection service business licensee that relays an alarm to the police department shall reimburse the City at the rate of $30.00 per hour for all time spent by police department personnel on answering, clearing, and resetting such alarm. (b) The police department shall maintain an accurate written accounting of all time spent in such activities. (c) No fee shall be imposed upon a licensee by the City for any of the following: (1) Actual brea~in, apparent attempted break-in, or vandalism. (2) Telephone company or other reported"line" or utility problem. (3) Alarms from a new installation for a period of thirty (30) days. (d) Each business licensee shall periodically review all claims arising under this provision with a designated representative of the police department to agree upon appropriate charges for the services rendered. Monthly charges shall be payable to the City within thirty (30) days after the date of billing. Section 8 1/2-7. Suspension and Revocation of License. (a) The license of any protection service business may be suspended by the finance director for failure to pay any fees imposed pursuant to this Chapter 8 1/2. Such suspension shall continue until the fees have been paid in full by the licensee or the license has been revoked. It shall be unlawful for any licensee to provide protection services within the City while its license is under suspension. -3- (b) In the event a licensee hereunder fails to remedy any violations of this Chapter within ten (10) days following receipt by the licensee of written notice from the city finance director or the police department describing such violations, the finance director shall have the right to revoke the license granted hereunder to such licensee. (c) Any charges imposed upon a licensee, and any order suspending or revoking a license may be appealed to the Aspen City Council within thirty (30) days from the date of the billing of such charges or order of suspension or revocation. An appeal is perfected by filing notice thereof with the city clerk, which notice shall contain an appropriate reference to the order appealed from. The city clerk shall set the matter on the agenda of the next regular meet- ing of the council, at which hearing the licensee shall be permitted to introduce all relevant evi- dence and be allowed to examine and cross examine witnesses. The licensee may be represented by an attorney and may examine all city records relevant to the alleged violations in advance of the hear- ing. At the conclusion of the hearing, or within ten (10) days thereof, the city council shall make findings and state reasons for its decision. (d) The licensee may appeal the action of the city council taken pursuant to paragraph 8 1/2-7(c) hereof within thirty (30) days thereof in a court of competent jurisdiction. Review shall not be extended further than to determine whether the city council has exceeded its jurisdiction or abused its discretion. Section 8 1/2-8. Separate Offense for Each Day's Violation. The installation or operation of any emergency alarm system in violation of any of the provisions of this Chapter or of any regulation promulgated hereunder shall be unlawful and shall be subject to the penalty prescribed under Section 1-8 of this Code, and shall be deemed a separate offense for each and every day that such violation occurs. Section 2 If any section~ subsection, sentence~ clause~ phrase, or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining pot- tions hereof. 4 Section 3 A public hearing on the ordinance day of ~ City Council Chambers, Aspen City Hall, INTRODUCED, shall be held on the 1980, at 5:00 P.M. in Aspen, Colorado. READ AND ORDERED published as provided by the law by the City Council meeting held on the d~ of the City of Aspen, Colorado, at its regular day of ~ , 1980. Mayor ATTEST: Kathryn S. ~)6h ' City Clerk FINALLY adopted, passed and ATTEST: approved on , 1980. Mayor City Clerk 5 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on .~~ reading at a regular meeting of the City Council of the City of Aspen on , 1~_~ and published in the Aspen Times a ~eekly newspaper of general circul- ation,' published in the City of Aspen, Cclorado, in its issue of ~ ~- , 1~, &nd was finally adopt and approved at a regular meeting of the City Council on Ordinance No. ~-- , provided by law. IN WITNESS WHEREOF, ~h,. seal ef sal~ City of Aspen, Colorado, day of ~ , 19~__ 1~, and ordered published as Series of iQ, of said City, as I have hereunto set my hand and this /~ SEAL Deputy City Clerk