Loading...
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 Repeal and Re-enactment That Section 8 1/2-1 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and re-enacted to read as follows: "Section $ 1/2-1.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