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HomeMy WebLinkAboutordinance.council.011-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 11 (Series of 1973) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY THE ADDITION OF CHAPTER 18 THERETO ENTITLED "EMERGENCY ALARM SYSTEMS" MAKING ALARM SYSTEMS DIALING AUTO- MATICALLY INTO CITY DEPARTMENTS UNLAWFUL, AND ESTABLISHING PROCEDURES FOR THE LICENSING BY THE CITY FINANCE DIRECTOR OF CENTRAL OFFICE EMERGENCY ALARM SYSTEMS AND FOR THE REVOCATION OF SUCH LICENSES, AND REQUIRING THE REMOVAL OF EXISTING ALARM SYSTEMS CONNECTED WITH THE ASPEN POLICE DEPARTMENT WITHIN A SPECIFIED PERIOD OF TIME, AND MAKING THE REPORTING OF FALSE ALAPuMS THROUGH SUCH ALARM SYSTEMS UNLAWFUL AND PROVIDING PENALTIES THEREFOR. WHEREAS~ Department have determined that an urgent need exists lating the use and operation of private alarm systems emergencies to the City; and the Aspen City Council and the Aspen Police for regu- reporting WHEREAS, it has been further determined that the monitoring or supervision of emergency alarm systems installed on private property for the protection of such property is not an activity which benefits the Aspen community as a whole, and is therefore a matter which should most appropriately be handled by private enterprise rather than by agencies of the City of Aspen; and WHEREAS, the reporting of false emergency alarms to the City endangers the Aspen community by unnecessarily tying up available manpower and equipment, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the Municipal Code of the City of Aspen, Colorado, be and the same hereby is amended by the addition of Chapter 18 thereto, which said Chapter 18 shall read as follows: "Emergency Alarm Systems Section 18-1. Systems dialing automatically into depart- ment of City prohibited. RECORD OF PROCEEDINGS 100 Leaves It shall be unlawful for any person, firm or corporation to install, use or cause to be used any telephone attachment or other mechanical device within the City that automatically selects a public primary telephone trunkline of any department of the City for purposes of reporting an emergency by pre- recorded message or otherwise. Ail owners or lessees of premises for the protection of which such devices are in operation on the effective date of this ordinance shall disconnect the same within sixty (60) days from said effective date. Section 18-2. Central office emergency alarm systems license required. Any person, firm or corporation desiring to establish a central office within the City for the purpose of receiving emergency alarms and transmitting them to the Aspen Police Department for response shall first apply to the City Finance Director for a license to operate such system. Such license shall authorize the installation of either a private telephone line or lines or a regular business telephone line to the Police Department for purposes of providing direct telephone communication between the central office of the licensee and the Police Depart- ment for the reporting of intrusion, hold-up, burglary, fire or other emergencies. Persons operating central office emergency alarm systems within the City on the effective date of this ordinance shall have sixty (60) days from said date in which to comply with the licensing requirements hereof. Section 18-3. Same application for license form. Applications for central office emergency alarm system licenses shall be filed with the City Finance Director at least thirty (30) days prior to the intended date of connection to the Police Department, and shall be made upon the form provided by -2- RECORD OF PROCEEDINGS 100 Leaves the Finance Director, which form shall include an affidavit signed by the applicant stating the name of the applicant, the address, and the proposed facilities, equipment, amnagement and method of operation of the planned central office, and such other additional information as the Finance Director may reasonably require from time to time, and stating further that the applicant agrees to save, defend and hold harmless the City from all liabilities or claims due to loss, damage or injury of or to persons or property arising from the exercise of the privileges granted by such license or from any defects in central office facilities, telephone installations or the monitoring or maintenance thereof~ and stating further that the applicant agrees to comply with all other provisions of this Chapter 18. The application shall be accompanied by the full amount of the fee required for such license~ and by applicant's current financial statement certified by a Certified Public Accountant. Section 18-4. Same - granting of license; bond required. The City Finance Director shall approve an application for such license upon compliance by the applicant with all of the requirements of the preceding section hereof, and upon a finding being made by appropriate City officials that (a) the installation of the proposed telephone line will not interfere with regular Police Department activities, and (b) based upon the description of the proposed operation and the applicant's financial statement, the applicant is reasonably qualified to conduct an emergency alarm business. Following the approval of a license application here- under, however, the Finance Director shall not formally issue such license until the applicant has (1) posted with the City a $1000.00 bond guaranteeing the performance of applicant's obligations under this chapter; (2) has presented certification -3- RECORD OF PROCEEDINGS Leaves that the central office complies with all provisions of the building code which may now or hereafter be adopted by the City of Aspen; and (3) demonstrated that all equipment and facilities supplied and installed by any telephone company meet the requirements and standards of the telephone company for such installations. Section 18~5. Same - fee; expiration of license. The fee for the license required by this chapter shall be the sum of two hundred dollars ($200.00) annually, which fee shall be paid to the Director of Finance on or before February 1 of each and every year. The license required by this chapter shall automatically expire at midnight on February 1 of any year for which the license fee has not been paid for the next year as above required. Section 18-6. Equipment installation and maintenance responsibilities. 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. Ail costs and expenses of installing, maintaining and monitoring emergency alarm systems licensed hereunder shall be borne entirely by the licensee. Every emergency alarm system licensed here- under shall be maintained to the best in an operable condition at all times, monitored twenty-four (24) hours a day of the licensee's ability and shall be personally by an agent of 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. -4- RECORD OF PROCEEDINGS 100 Leaves Section 18-7. Additional regulations and inspections. The Aspen Police Department may from time to time promul- gate such additional rules and regulations as it may reasonably deem necessary or appropriate to the effective administration of this chapter. All central offices shall be subject to inspections by any agent of the Aspen Police Department which are necessary to the proper enforcement of any such rules and regulations and to insure that proper procedures and security measures have been established and maintained by the licensee. Section 18-8. Revocation of license. In the event a licensee hereunder fails to remedy any violations of this chapter or of any rules and regulations promulgated hereunder within ten (10) days following receipt by the licensee of written notice from the City Finance Director or the Aspen Police Department describing such violations, the Finance Director shall have the right to revoke the license granted hereunder to such licensee. The Police Department telephone connection installed by a licensee whose license has been so revoked shall be completely removed by such licensee within ten (10) days following delivery of notice of such revocation at the licensee's expense. Section 18-9. Removal of existing emergency alarm-systems from Police Department - when required. All owners or lessees of premises for the protection of which emergency alarm systems (other than automatic telephone dialing systems) are connected to the Police Department on the effective date of this ordinance shall have until six (6) months from said effective date or thirty (30) days from the date upon which the first central office licensed hereunder becomes operational, whichever last occurs, in which to completely -5- RECORD OF PROCEEDINGS 100 Leaves disconnect such systems and remove all related equipment from the Police Department. On that date the City shall have the right to remove any such remaining systems at the expense of the above-described responsible persons, and the obligation of the Police Department to monitor or respond to such alarm systems shall cease. Section 18-10. central If, forth in Emergency alarm systems in absence of office system - Police Department rules and regulations. subsequent to the existing systems removal date set Section 18-9 hereof, it should happen that there are no central offices licensed under the provisions hereof, and the Police Department should deem it practical that persons once again be permitted to install individual emergency alarm system (other than automatic telephone dialing systems) monitoring equip- ment at said Police Department, the Police Department shall have the authority to adopt such reasonable rules and regulations as it may from time to time deem necessary or appropriate for the efficient operation and administration of such systems. Section 18-11. False alarms prohibited - penalties. It shall be unlawful for any person, firm or corporation owning or leasing premises for the protection of which an emergency alarm system keyed into the Police Department in any way is in operation, to report a false alarm to the Police Department through such System. ~ach such person shall be permitted two (2) false alarms during the first month his alarm system is in operation, and one (i) false alarm every two (2) months thereafter, without being considered in violation of this section. The penalty for each violation hereof shall be $25.00, with the exception of false hold-up alarms, for which -6- RECORD OF PROCEEDINGS 100 Leaves the penalty shall be $50.00. The violator shall be responsible for paying such penalties to the City Finance Director within ten (10) days following receipt of written notice thereof from the City. Failure to make such payments within said ten (10) day period shall be considered a violation of this ordinance, and shall be subject to prosecution in the Municipal Court of the City of Aspen. Section 18-12. Violation of chapter provisions or regulations. 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 deemed a separate offense for each and every day that such violation occurs." ~ection 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid , such invalidity shall not affect other provisions Or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3. A public hearing on the ordinance shall be held on ~Y ? , 1973, at _~z/~_~ p.m. in the City Co~cil Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, R~AD AND ORDER£D PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, at its regulat meeting held at the City of Aspen, Colorado, on the ~__ day of ..~~ , 1973. ATTEST: Mayor RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, ATTEST: PASSED AND APPROVED this ,/~/, day of , 19 ?3. ~ ~ayozr~ STATE OF COLORADO) ) ss cERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 26 , 197__~ and published in the AspenToday a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of M~ 29 and was finally adopted and approved at the City CoUncil on .... May 14 , published as Ordinance No. 11 ' said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 14 day of May 3 · 197 . , 197_2~, a regular meeting of 197__3, and ordered Series of 197~__, of SEAL ~~Gr ~t y~"/C lerk