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HomeMy WebLinkAbout08400Substituted Copy: 11/14/11 ORDINANCE NO. 8400 AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 13 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO COMBINED DISPATCH CENTER AND ENACTING A NEW CHAPTER 13 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO ALARM LICENSES AND REGISTRATION, AND PROVIDING FEES AND PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 13 of Title IX of the Pueblo Municipal Code, as amended, is repealed in its entirety. [ CHAPTER 13 Combined Dispatch Center Sec. 9-13-1. Permit required. It shall be unlawful for any person to install, operate or maintain a telephonic alarm system which automatically transmits a signal, message or warning to any Police or Fire Department telephone line. It shall be unlawful for any person to install, operate or maintain a telephonic alarm system which automatically transmits a signal, message or warning to the Police and Fire Departments' combined dispatch center without first obtaining a revocable permit as required by this Chapter. Sec. 9-13-2. Application for permit. Applications for a revocable permit to install, maintain or operate a telephonic alarm system which is intended to automatically transmit a signal, message or warning to the Police and Fire Departments' combined dispatch center shall be filed with the chief of the concerned department on forms supplied by the City. Such application shall set forth: the name, address and telephone number of both the installer of the system and the person or business on whose premises the system will be installed; a description of the system and location on the premises where it is proposed to be installed; the name, address and telephone number of the permittee; and a statement by the proposed permittee that it has received a copy of the rules and regulations relating to connections to the dispatch center and its agreement to abide and comply with said rules and regulations. Sec. 9-13-3. Issuance of permits. The chief of the concerned department may approve the application if he or she finds: (1) The use of the alarm system to transmit a signal, message or warning to the combined dispatch center will not interfere with the orderly conduct of the City's business. (2) The applicant is one (1) of the following designated types of businesses or institutions entitled to connection priority or that adequate additional connections are available: a. Police alarms - federally insured financial institutions. b. Fire alarms - schools, hospitals and nursing homes. (3) The system, method of installation, supervision and maintenance thereof meets and will comply with the rules and regulations jointly adopted by the Chiefs of the Police and Fire Departments. Sec. 9-13-4. Rules and regulations. The Chiefs of the Police Department and Fire Department shall jointly adopt such rules and regulations as may reasonably be necessary for the purpose of assuring the quality, efficiency and effectiveness of the alarm system and of administering and enforcing the provisions of this Chapter. Said rules and regulations shall be approved by the City Manager. Sec. 9-13-5. Permits. Immediately after approval of the application by the concerned chief, the applicant shall submit the approved application and shall pay an initial connection fee and required rental fee to the Director of Finance. The Director of Finance shall thereupon issue a revocable permit to the applicant to connect to the combined dispatch center and shall advise the concerned chief of the issuance of such permit. The permit shall not be transferable and shall expire on December 31 of the year in which issued. If the permittee is not in violation of this Chapter or the rules and regulations adopted hereunder, the permit may be renewed annually upon payment of the required annual rental fee. Sec. 9-13-6. Schedule of fees. The permittee under this Chapter shall pay to the Director of Finance the following nonrefundable fees which may be hereafter increased or decreased by the City Council by resolution: (1) Initial connection fee: one hundred dollars ($100.00). (2) Annual renewal rental fee: ninety dollars ($90.00). (3) Initial monthly rental fee for the balance of calendar year in which the permit was originally issued: seven dollars and fifty cents ($7.50). (4) Reconnection fee: one hundred dollars ($100.00). Sec. 9-13-7. False alarms; disconnection. (a) If a connected alarm system for any reason shall transmit an actuated alarm signal for which no emergency exists, the chief of the concerned department may assess against the permittee a false alarm fee for any false alarm after the first in any calendar year, which fee shall be twenty-five dollars ($25.00) for the second such occurrence within any calendar year; twenty-five dollars ($25.00) for the third occurrence within a calendar year; and fifty dollars ($50.00) for the fourth or subsequent occurrence within any calendar year. Such fees shall be due and payable within five (5) days after notice from the chief, unless within such time, the permittee demonstrates to the satisfaction of the chief that such fee should be waived for any reason as hereinafter provided. In Determining whether to waive such fees, the chief shall not hold the permittee accountable for occurrences caused by: (1) unforeseeable acts of God; (2) malfunction of telephone company equipment; or (3) unexpected alarm equipment malfunction when the same is promptly investigated and prompt repairs are executed in good faith. Additionally, the chief of the concerned department may waive any such fees upon a showing by the permittee that at the time of a false alarm he or she was in the process of installing a new alarm system or upgrading or repairing his or her alarm system, took reasonable steps to prevent a false alarm during such upgrade or repair work, and such work constituted a substantial good faith effort to reduce or eliminate future false alarms. (b) If the permittee fails to comply with the provisions of this Chapter or the rules and regulations adopted hereunder, or fails to pay any fee assessed and not waived pursuant to this Chapter, the chief of the concerned department may after notice and hearing suspend or revoke the permit. If a connected alarm system for any reason shall transmit in any successive six-month period three (3) unexcused actuated alarm signals for which no emergency exists, the chief of the concerned department may disconnect the permittee's connection to the dispatch center upon seventy-two (72) hours' prior written notice to the permittee. Such disconnection shall be in addition to the assessment of such fees as are prescribed in Subsection (a) of this Section. The chief of the concerned department may authorize the reconnection of a disconnected system if in his or her opinion the permittee and its alarm system will thereafter meet and comply with this Chapter and the rules and regulations adopted hereunder. Prior to reconnection, the permittee shall pay the required reconnection fee and false alarm fees, if any, to the Director of Finance. Sec. 9-13-8. Permittees' costs and expenses. All costs and recurring charges incurred in the installation and maintenance of systems permitted by this Chapter shall be born by the permittee. If the location of the City's combined dispatch center shall be changed at any time, permittees under this Chapter shall not charge or attempt to charge the City with any resulting costs of moving alarm systems or any parts thereof. Sec. 9-13-9. Penalties. Any person convicted of violating any of the provisions of this Chapter shall be punished as provided in Section 1-2-1 of this Code. Sec. 9-13-10. Private automated alarm businesses. (a) Definitions. As used herein, the term: (1) Private automated alarm business shall mean any person which, in the course of his or her business, monitors police or fire alarm devices and either automatically or manually relays alarm signals or information concerning such alarms to the police or fire departments or combined dispatch center. (2) Other private alarm shall mean any type of lawful audible or visual alarm or automated telephone dialing device which is designed or used in a manner intended to indirectly transmit information concerning a fire, crime or other emergency to the police or fire department, but shall not include telephonic alarm systems prohibited by Section 9-13-1 of this Chapter, alarm systems for which permits are required pursuant to this Chapter, or devices monitored by private automated alarm businesses as defined in Subsection (a)(1) of this Section. (b) Any person operating a private automated alarm business, any person subscribing to or utilizing the services of any such business, and any person utilizing any other private alarm shall insure that alarm signals or information are not transmitted to the police or fire department or combined dispatch center except in cases of actual emergency. If a private automated alarm business or other private alarm transmits or causes to be transmitted an alarm signal or other information when no emergency exists, the chief of the concerned department shall assess such false alarm fees against the subscriber or user of the private automated alarm business or other private alarm in the ] manner provided in Section 9-13-7(a) of this Code. SECTION 2. A new Chapter 13 of Title IX of the Pueblo Municipal Code is hereby enacted and adopted to read as follows: CHAPTER 13 Alarm Code Sec. 9-13-1. Short Title. This Chapter shall be known as the "Alarm Code." Sec. 9-13-2. Purpose. The purpose of this Alarm Code is to protect and promote the health, safety, and general welfare of the residents of the City by reducing the number of false alarms to emergency response agencies. False alarms contribute to the ineffective utilization of public safety manpower and equipment. In addition, false alarms require emergency responses which may cause vehicular accidents and delayed responses to genuine emergencies. It is in the public interest of the residents of the City and a proper exercise of the police power of the City to require the licensing and regulation of alarm companies and alarm users. Sec 9-13-3. Definitions. As used in this part, unless the context otherwise requires: (1) shall mean the Chief of Police, or any Alarm Administrator person designated by the City Manager to be responsible for the administration of this Alarm Code as it pertains to registration, false alarms, false alarm reduction, and the police department’s response to activated alarms. (2) shall mean a person or entity, other than a Alarm Company governmental entity, engaged in the business of selling, altering, installing, leasing, maintaining, repairing, replacing, servicing, monitoring, or responding to an Alarm System located within the City limits. (3) shall mean a permit issued by the City of Pueblo Alarm Permit allowing the operation of an alarm system within the City. (4) or shall mean a person Alarm Response Manager ARM designated by an Alarm Company to handle alarm issues for the Alarm Company and to act as the primary point of contact for the Alarm Administrator. (5) means a detectable signal; audible, visual, or Alarm Signal electronic, generated by an Alarm System, to which law enforcement is requested to respond. (6) shall mean a single premises or location served by Alarm Site an Alarm System. In a multi-tenant building or complex, each tenant unit shall be considered a separate Alarm Site if individually controlled. (7) shall meanany single device or assembly of Alarm System equipment designed to detect unauthorized entry and to signal the occurrence of an illegal or unauthorized entry or other illegal activity requiring immediate attention to which law enforcement is requested to respond. An alarm system does not include: (a) An alarm installed on a vehicle, unless the vehicle is permanently located at a site; (b) An alarm designed to alert only the inhabitants of the premises that does not have a sounding device audible outside of the Alarm Site; (c) Medical panic alarms or fire alarms; or (d) Proprietary Alarm Systems which are not monitored by a licensed Alarm Company, and which result in the notification of only private, on-site personnel when activated. (8) shall mean any person, tenant, lessee, firm, Alarm User partnership, company, association, proprietorship, corporation, or government entity owning, leasing, or operating an Alarm System, or on whose premises an Alarm System is maintained for the protection of the premises. (9) shall mean a Enhanced Call Verification (ECV) Protocol monitoring procedure requiring the Alarm Company to make a minimum of two (2) calls to two different Alarm User contact numbers, by telephone or other electronic means, in order to attempt to determine whether the alarm is false prior to making a dispatch request to the police department. In the event that the Alarm User obtained an exception pursuant to Section 9-13- 6(d) and only provided the Alarm Company with one contact number, ECV protocol will be satisfied if the Alarm Company makes two (2) calls to the contact number provided by the Alarm User. ECV protocol is satisfied if the Alarm Company makes two attempts, but is unable to contact the Alarm User or the Alarm User’s alternate contact. ECV protocol is satisfied with one (1) call if that call is to the alarm site and the person contacted either confirms or denies that a criminal act has occurred or is occurring and that a police response is warranted. ECV does not apply to Robbery Alarms and/or Panic Alarms. (10) shall mean the accidental, unintended, inadvertent False Alarm or erroneous activation of an alarm by the Alarm User, or the unintended activation of an alarm through equipment malfunction, causing law enforcement to respond when no crime or other physical emergency has actually occurred. A False Alarm response means that a police officer arrived on the scene. Cancellation of the request for response prior to a police officer arriving at the scene shall not be considered a False Alarm response. Notwithstanding the foregoing, a False Alarm shall not include an alarm which can reasonably be determined to have been caused or activated by unusually violent natural conditions. (11) shall mean an Alarm System that emits a Local Alarm System signal at an Alarm Site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an Alarm Company or Alarm User. (12) shall mean the process by which an alarm Monitoring company receives signals from an Alarm System and relays an alarm dispatch request for the purpose of summoning assistance to the Alarm Site. (13) means an alarm generated by the manual Panic Alarm activation of any system, device or mechanism to signal a life threatening or emergency situation requiring immediate police response in order to avoid bodily harm (14) shall mean a calendar year. Permit Year (15) shall mean with respect to an Alarm Company, an Principal individual who is an officer, director, member, or manager of the Alarm Company, or who is actively engaged in the management or operation of the Alarm Company. (16) means information regarding Alarm Systems, Alarm Records Sites, Alarm Users, Alarm User contact numbers and alternate contact numbers maintained by the Alarm Company including, but not limited to: type of Alarm System, location and classification of Alarm Site, name, address and phone number of Alarm User and alternate contact. Records kept pursuant to this part and given to the City are proprietary in nature, shall be kept confidential and shall not become "Public Records" as defined by the Colorado Open Records Act. (17) means an Alarm Signal generated by the Robbery Alarm manual or automatic activation of a device, or any system, device or mechanism on or near the premises intended to signal that a robbery is in progress and that a person is in need of immediate police assistance in order to avoid bodily harm. Sec. 9-13-4. License Required; Exemptions. (a) It shall be unlawful and a class 2 municipal offense to operate an Alarm Company doing business within the City without first obtaining a license therefor. Alarm Companies shall have sixty (60) days from the enactment of this Chapter to apply for an annual license from, and pay the applicable pro-rated fee for the calendar year at time of enactment, to the Finance Department. Every Alarm Company shall pay an annual license fee to the Finance Department on or before the 15th of January each year. Fees will not be pro-rated for late applications. Failure of an Alarm Company to pay the annual license fee may result in suspension or revocation of its license and denial of new Alarm Permit applications submitted by the Alarm Company. (b) The provisions of this Section shall not apply to any individual, partnership, corporation or other entity providing airport predeparture screening services regulated by the FAA. (c) The provisions of this Section shall not apply to law enforcement agencies. (d) Each Alarm Company license shall specify the name under which the licensee is to operate, the names of all principals of the company, e-mail addresses for the principals of the company, the address of the principal place of business, the license expiration date, the number of the license, and any other information the Alarm Administrator deems necessary. Sec. 9-13-5. Insurance Requirements. (a) An applicant for an Alarm Company license shall submit proof of a valid commercial general liability insurance policy to the Alarm Administrator with its application. The Alarm Company’s commercial general liability insurance must provide for limits not less than one million dollars ($1,000,000) combined single limit for bodily injury and property damage for each occurrence. Coverage shall include blanket contractual, broad form property damage, products and completed operations endorsements. (b) Certificates of insurance must be submitted before an Alarm Company license is issued or renewed. (c) Each policy of insurance shall contain an endorsement requiring the insurance carrier to notify the City at least thirty (30) days in advance of the effective date of any reduction or cancellation or change of the policy. All policies shall be kept in force and effect for the period of the license. The cancellation or reduction of insurance shall be cause for automatic suspension of the license until the coverage shall be reinstated. Sec. 9-13-6. Alarm User Permit Required. (a) No person shall use an Alarm System without first obtaining an Alarm User Permit from, and registering such Alarm System with the City of Pueblo. (b) The initial Alarm User Permit shall be acquired by the Alarm Company for the Alarm User. Exterior audible alarms that are not monitored shall be registered with the City as an "Alarm Site" by the installing company. Exterior audible alarms that are not monitored by an Alarm Company which are installed by a homeowner shall be registered with the City by the homeowner as an "Alarm Site." (c) A Permit Fee in the amount specified in Section 9-13-7 of this Alarm Code shall be collected and remitted to the City by the Alarm Company when a new Alarm System is installed or when an Alarm User contracts with an Alarm Company to begin monitoring an existing Alarm System. Any such fee shall be remitted to the Alarm Administrator within five (5) days of the installation of the Alarm System or date of the contract. Federal, State and local governments shall be exempt from payment of the alarm registration fee. (d) When applying for an Alarm Permit, the Alarm User shall provide information to the Alarm Company or the City including the name, telephone number, and address of the Alarm User, the address of the Alarm Site, the type of Alarm System (i.e.: monitored or exterior audible only) and the name and telephone number of at least one (1) alternate person to be contacted if the Alarm User is unavailable. If an Alarm User cannot provide the name and telephone number of an alternate person to be contacted, an Alarm User must request an exception to this Subsection (d) in the Alarm Permit application and state plainly and specifically the reasons why an exception is necessary. (e) Each Alarm Permit shall be assigned a unique permit number, and the Alarm User may be required to provide the permit number along with the address to facilitate law enforcement dispatch. (f) Alarm Permits must be renewed annually by the Alarm User on or before January 15th of each year. Alarm Permit renewal applications shall be accompanied by the applicable renewal fee and shall be submitted to the Alarm Administrator no later than close of business on January 15th of each year. Fees will not be pro-rated for late renewal applications. Fees will be pro-rated for new Alarm Permits issued after January 15th of each year. The annual Alarm Permit fee for the calendar year at time of enactment shall be waived for Alarm Sites existing on the effective date of this Ordinance. All new Alarm Systems installed after the effective date of this Ordinance shall be registered by the Alarm Users through the Alarm Permit process set forth in this Subsection. (g) Alarm Permits are not transferable. If ownership, operation, or possession of the premises at which an Alarm System is maintained is transferred, the Alarm User obtaining possession of the premises shall file an application for an Alarm Permit and pay the applicable Permit Fee within 30 days of obtaining possession. Thereafter, the Alarm User shall notify their Alarm Company of the new permit number. (h) Whenever the information provided on the Alarm Permit application changes, the Alarm User shall provide a new Alarm Permit application with the correct information to the City of Pueblo within 30 days of the change. In addition, each year after the issuance of the permit, permit holders will receive from the City a form requesting updated information. The permit holder shall complete and return this form to the City when any of the requested information has changed. Substituted Copy: 11/14/11 (i) If an Alarm User has one or more Alarm Systems protecting two or more separate structures or units having different addresses and/or tenants, a separate Alarm Permit shall be required for each Alarm Site. (j) No Alarm System may be registered as a burglary, robbery, and panic alarm unless the alarm system generates a distinctive signal for each mode of operation and permits immediate determination of the method of activation. (k) Owners of Local Alarm Systems (not monitored) shall comply with all Sections of this Chapter and are subject to all fees, service fees, suspensions, penalties and other requirements. Sec. 9-13-7. License and Permit Fees. The amount of license and permit fees shall be as follows: (a) Annual Residential Alarm Permit Fee: $0 (b) The Alarm Administrator may reduce or waive the Alarm Permit fee for residential Alarm Users who demonstrate that their annual income is less than the national poverty level. (c) Annual Non-Residential Alarm Permit Fee: $0. (d) Annual Alarm Company License: $100. (e) Fees and penalties shall be paid within 30 days from the date of the invoice. Alarm Company’s or Alarm Users who fail to pay any fee or penalty within 30 days of being billed will be assessed a late fee in the amount of $25. (f) No refund of a license, license renewal, permit, or permit renewal fee will be made. (g) Appeal Fee: $25. (h) Government entities, including but not necessarily limited to the City of Pueblo, County, State, federal and the School District, must obtain permits for all Alarm Systems on property under their control within the corporate boundaries of the City of Pueblo, but are exempt from payment of permit and renewal fees. Government entities, other than the City of Pueblo, are not exempt from the payment of penalties for violation of this Chapter. (i) License and Permit Fees set forth above are the initial fees established at the time of adoption of this Alarm Code and may be changed from time to time by ordinance of City Council. Sec. 9-13-8. Duties of Alarm Users. Every Alarm User is required to: (a) Maintain the premises and the Alarm System in such a way, and take such reasonable measures as necessary to prevent the occurrence of False Alarms; (b) Pay all permit fees, charges and penalties within 15 days; (c) Provide the Alarm Company with the Alarm User’s permit number; (d) Not manually activate an alarm for any reason other than an occurrence of an event that the Alarm System was intended to report; (e) Obtain a new permit and pay any associated fees if there is a change in address or ownership of a business or residence; (f) Remain at the Alarm Site until the Alarm User has spoken to the Alarm User’s Alarm Company after the alarm has been triggered; and (g) Have thirty (30) days from the date of the fourth, and each subsequent False Alarm within which to submit written documentation to the Alarm Administrator that the Alarm User has received training in the operation of the Alarm System from their Alarm Company, has identified the cause of the False Alarms and, if a mechanical problem, has caused corrective action to be taken. Failure to provide the required documentation within this thirty (30) day period may, at the Alarm Administrator’s and/or police department’s sole discretion, result in suspension of police response or denial of reinstatement of police response. Sec. 9-13-9. Duties of Alarm Company. Every Alarm Company is required to: (a) Obtain and maintain a license with the City of Pueblo. (b) Install Alarm Systems in a commercially reasonable manner. (c) Instruct each Alarm User in the proper use and operation of the Alarm System, including how to turn the Alarm System on and off and how to avoid False Alarms. (d) Provide each Alarm User with a copy of this Chapter and any information relating to Alarm User duties, False Alarm penalties, and registration fees. (e) Provide a waiting period of five (5) days after each new alarm installation prior to dispatching the authorities. The waiting period is intended to allow all new Alarm Users a familiarization period prior to the alarm monitoring being activated. The Alarm User or the Alarm Company may request from the Alarm Administrator an emergency exemption where there is a real or perceived imminent threat to lives or property. This subsection (e) shall not apply to Robbery and/or Panic Alarms. (f) Maintain records of the Alarm Site, type of Alarm System and the name and telephone number of the Alarm User and one alternate to be notified whenever the alarm is activated, and make these records available to the City when reasonably requested. Records kept pursuant to this part and given to the City are proprietary in nature, shall be kept confidential and shall not become "Public Records" as defined by the Colorado Open Records Act. (g) Submit an Alarm Permit along with the required Alarm Permit Fee to the Alarm Administrator for all new installations or new contracts. (h) Alarm Companies shall register all existing Alarm Sites and Alarm Systems they service as of the date of the enactment of this Chapter within sixty (60) days of the enactment of this Chapter. (i) Notify the Alarm Administrator within five (5) working days of the addition or deletion of an Alarm Site or Alarm System from the Alarm Company's monitoring system and remit a new Alarm Site permit application and fee for additions to the Alarm Company’s monitoring system. If the addition to the Alarm Company’s monitoring system is an existing Alarm Site, the Alarm Company shall notify the Alarm Administrator of the addition of the existing Alarm Site to the Alarm Company’s monitoring, maintenance, service or repair system. (j) Attempt to verify whether an activated alarm is false by contacting the Alarm User using ECV protocol. Failure to attempt to verify whether an activated alarm is false may result, at the police department’s sole discretion, in suspension of police response. (k) Notify Alarm Users that a response has been summoned to a False Alarm received from their Alarm Site. (l) Comply with all provisions of this Chapter. (m) Not request a police response to an alarm at any Alarm Site that has had five (5) or more False Alarms within any Permit Year, unless there is actual evidence that a crime is being or has been committed. (n) Pay all fees and penalties associated with a False Alarm when it is determined that the False Alarm is due to equipment malfunction or Alarm Company error. Regardless of the Alarm Company’s acceptance of responsibility for a False Alarm, the False Alarm shall count as a "False Alarm" within that calendar year for all provisions of this Code. (o) Maintain records relating to alarm dispatch requests. These records shall include, but not be limited to: the address of the Alarm Site; the name, address and telephone number of the Alarm User; the date and time the alarm condition was activated; the Alarm System zone(s) activated; ECV protocol and activity. These records shall be searchable by Alarm Site address and Alarm User name. The Alarm Company shall provide the Alarm Administrator copies of any requested records within five (5) business days of the Alarm Administrator’s request. Records kept pursuant to this part and given to the City are proprietary in nature, shall be kept confidential and shall not become "Public Records" as defined by the Colorado Open Records Act. (p) Meet or exceed the ANSI (American National Standard Institute) approved SIA (Security Industry Association) Listed Control Panel Standard CP-01, as updated or amended, for False Alarm reduction, on Alarm Systems installed on or after one (1) year from the effective date of this Chapter. (q) All Alarm Companies must identify an ARM and provide written notice to the Alarm Administrator of the ARM’s name and contact information. This information shall be updated every time an Alarm Company appoints a new ARM, and at least once each calendar year. Sec. 9-13-10. Denial, Suspension or Revocation of License. (a) An Alarm Company license may be denied, suspended, or revoked by the Alarm Administrator if the applicant or a principal of the applicant: (1) Has violated any provisions of this Code; (2) Has been convicted of a felony in this State or any other state, or of a crime in any other state that, if committed in this State, would be a felony; (3) Has been convicted of three (3) or more criminal misdemeanor violations within a five (5) year period; (4) Has made a misrepresentation in applying for and obtaining a license; (5) Has been previously denied a license under this Chapter or has had a license issued under this Chapter suspended or revoked; (6) Was a principal of an Alarm Company whose license was revoked or suspended, unless the Alarm Administrator determines that the principal was not responsible for the misconduct underlying the revocation or suspension; (7) Has been operating without a license within the previous five (5) years; (8) Has failed to remit Alarm Site permit fees in accord with Section 9-13-6(c); or (9) Has violated any provision of this Chapter. Sec. 9-13-11. Duties of Alarm Administrator. (a) The Alarm Administrator, or its designee, shall be responsible for the administration of this Ordinance including but not limited to: (1) Issuing Alarm Company licenses. (2) Issuing Alarm User permits and permit numbers. (3) Billing and collection of all license and permit fees. (4) Billing and collection of all penalties. (5) Monitoring compliance with this Chapter. (6) Contacting ARM’s when necessary. Sec. 9-13-12. Unlawful Acts. (a) It shall be unlawful and a class 2 municipal offense to fail to comply with any provision of this Alarm Code. (b) It shall be unlawful and a class 2 municipal offense to operate an Alarm Company within the City without first obtaining a license and paying the required fee. In addition to any other remedy available, the police department shall have the discretion to deny response to any alarm condition received from an Alarm Company that is not licensed or has failed to remit license fees as required by this Chapter. (c) It shall be unlawful and a class 2 municipal offense to own, lease, or operate an Alarm System, or maintain an Alarm System on a premises without first obtaining an Alarm Permit and paying the required fee. In addition to any other remedy available, the police department shall have the discretion to deny response to any alarm condition received on an Alarm Site for which no Alarm Permit has been obtained or fees paid as required by this Chapter. (d) It shall be unlawful and a class 2 municipal offense for an Alarm Company to fail to notify the City within five (5) working days of an addition or deletion of an Alarm Site or Alarm System from an Alarm Company's monitoring system. (e) It shall be unlawful and a class 2 municipal offense to fail to remit permit fees or penalties to the City when due. In addition to any other remedy available, the police department shall have the discretion to deny response to any alarm condition received from an Alarm Site, Alarm System or Alarm User which has failed to remit False Alarm penalties assessed pursuant to this Chapter, or from an Alarm Company which has failed to remit license or permit fees. (f) It shall be unlawful and a class 2 municipal offense to activate an Alarm System for the purpose of summoning law enforcement when no burglary, robbery, or other crime is being committed or attempted on the premises. It shall be unlawful and a class 2 municipal offense to cause a False Alarm. If an Alarm User intentionally activates an alarm indicating that there is a crime in progress, or other physical emergency, when the Alarm User knows that no crime or emergency exists, it shall be a violation of Colorado Revised Statutes Section 18-8-111, false reporting to authorities and Pueblo Municipal Code §11-1-504. (g) It shall be unlawful and a class 2 municipal offense for an Alarm User to fail to update their Alarm Permit with new or changed information that is different from that provided on the Alarm Permit application within thirty (30) days of any such change. (h) It shall be unlawful and a class 2 municipal offense for an Alarm User to have two or more False Alarms within a permit year. (i) It shall be unlawful and a class 2 municipal offense for any licensee to fail to cooperate with the police department or other public law enforcement agency in the investigation of any report of criminal activity. (j) For any Alarm Systems installed subsequent to the effective date of this Alarm Code, It shall be unlawful and a class 2 municipal offense for any Alarm User to permit an audible alarm to be activated for more than ten (10) minutes per alarm event or condition. Substituted Copy: 11/14/11 (k) It shall be unlawful and a class 2 municipal offense for any Alarm Company, subsequent to the effective date of this Alarm Code, to install or program an Alarm System with an audible alarm to emit the audible alarm for more than ten (10) minutes per alarm event or condition. Sec. 9-13-13. False Alarm Penalties. (a) It is hereby found and determined that two or more false alarms within a permit year is excessive, constitutes a public nuisance, and shall be unlawful. Civil penalties for false alarms within a permit year may be assessed against an Alarm User as follows: First false alarm No civil penalty Second false alarm penalty $ 50 Third false alarm penalty $100 Fourth false alarm penalty $150 Fifth false alarm penalty $200 Sixth or more false alarm penalty $400 Response to non-residential false Robbery Alarm $200 (b) After the fifth False Alarm from any Alarm Site within any calendar year, the police department shall have the discretion to suspend police response. Should the police department, in its sole discretion, choose to respond to a subsequent alarm condition at an Alarm Site that has had five or more False Alarms within any permit year and determine that the subsequent alarm condition was false, the Alarm User shall be assessed a civil penalty charge of four hundred dollars ($400). (c) Any Alarm Company or Alarm User that fails to obtain a license, Alarm Permit, or to update information associated with a license or Alarm Permit as required by this Chapter shall be assessed a civil penalty in the amount of $100. (d) The Alarm User shall have thirty (30) days to remit the False Alarm penalty to the City. Any penalties not paid within thirty (30) days shall incur a late fee of $25. (e) If an Alarm User or Alarm Company fails to remit a False Alarm penalty, the police department shall have the discretion to deny response to any subsequent alarm condition received from the Alarm Company, Alarm Site or Alarm System. (f) The decision to respond to any alarm condition, regardless of the number of False Alarms recorded at the alarm site previously, if any, shall be made in the sole discretion of the police department. A decision to respond to an alarm condition at an alarm site shall not impose upon the police department a duty to respond to any future alarm conditions at that site. (g) False Alarm Penalties set forth above are the initial penalties established at the time of adoption of this Alarm Code and may be changed from time to time by resolution of City Council. Sec. 9-13-14. Alarm Site Response Reinstatement. At the Alarm Administrator’s discretion, the police department may reinstate response to an Alarm Site that has had five (5) or more False Alarms within any calendar year. An Alarm User’s written request to the Alarm Administrator shall be accompanied by a non-refundable reinstatement fee of one hundred dollars ($100). The Alarm Administrator shall consider the type of residence or commercial activity conducted at the Alarm Site, the number of persons residing or employees located at the Alarm Site, the volume of pedestrian or vehicular traffic visiting the Alarm Site, the type of equipment used at the Alarm Site, telephone or electric service disruption history, the number of previous False Alarms, prior requests for response reinstatement and any other information relevant to the alarm, the Alarm Site or the Alarm User. The Alarm Administrator, in the Administrator’s sole discretion, may require alarm inspection or Alarm User training prior to approving reinstatement, and may reduce or waive False Alarm penalties, as appropriate. The Alarm Administrator’s decision to approve or deny reinstatement, or to reduce or waive penalties, shall be made to further the efficient use of police department resources and in the interests of the public health, safety and welfare. Reinstatement of response to the Alarm Site authorizes the Alarm Site to be eligible for police response to an alarm condition, but shall not impose upon the police department a duty to respond to any future alarm conditions at that site. Sec. 9-13-15. Appeals. (a) Assessments of penalties, denial, suspension or revocation of permits or licenses, and suspension of response may be appealed by filing a written notice of appeal with, and paying an appeal fee of twenty-five dollars ($25) to the Alarm Administrator within fifteen (15) days of the action being appealed. The notice of appeal may be in any form so long as it shall contain a short and plain statement of the decision being appealed, and shall be signed by the applicant or by his or her agent or attorney. The failure to file written notice and pay the appeal fee within fifteen (15) days of the action shall constitute a waiver of the right to appeal the action. Should appellant be successful on appeal, the twenty-five dollar appeal fee shall be refunded to them. (b) The Chief of Police, or anyone designated by the City Manager, shall conduct all appeal hearings pursuant to Chapter 7 of the Pueblo Municipal Code. The Chief of Police, or anyone designated by the City Manager, shall determine whether there is sufficient evidence to support the Alarm Administrator’s decision, and shall have discretion to modify or refund any fees or false alarm penalties collected. (c) Further appeal for the assessment of penalties, denial, suspension or revocation of permits or licenses, and suspension of response shall be taken pursuant to C.R.C.P. 106(a)(4). Sec. 9-13-16. Disclaimers. (a) Government Immunity. Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the Alarm User acknowledges that the Pueblo Police Department response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. (b) Indemnification. The licensee shall be responsible for any and all damage to property or injury to persons arising out of the exercise of the license. The licensee shall indemnify and save harmless the City and its officers, agents and employees from all suits, actions or claims of injuries received or sustained by any person or persons or property on account of any act or omission of the licensee, its agents or employees, or due to the failure of the licensee to observe the provisions of this Alarm Code. (c) The adoption of this Ordinance shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or said Alarm Code. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the City of Pueblo or its officers, employees or agents for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said Alarm Code. Nothing in the Ordinance or in said Alarm Code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24-10-101, C.R.S. et seq., or to waive any immunities or limitation on liability otherwise available to the City of Pueblo or its officers, employees or agents. SECTION 3. Any person found guilty of violating any provision of this Ordinance declared to be unlawful or a municipal offense shall be punished as provided in Section 11-1-103 of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED October 11, 2011 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: November 14, 2011 Substituted Copy: 11/14/11 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # S -1 October 11, 2011 DEPARTMENT: Police Department Luis Velez, Police Chief Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 13 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO COMBINED DISPATCH CENTER AND ENACTING A NEW CHAPTER 13 OF TITLE IX OF THE PUEBLO MUNCIPAL CODE RELATING TO ALARM LICENSES AND REGISTRATION, AND PROVIDING FEES AND PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council repeal the existing Chapter 13 of Title IX concerning false alarms and enact a new Chapter 13 of Title IX requiring alarm companies to follow an enhanced verification protocol and allowing the City to impose enhanced civil penalties for false alarms with the goal of reducing the number of false alarms requiring police response and reducing police response time to valid emergency situations? RECOMMENDATION Approve the Ordinance. BACKGROUND Sections 9-13-1 through 9-13-10 of Chapter 13 of Title IX currently relate to police and fire alarms from both direct connect alarms and automated alarm businesses. The City no longer allows any direct connect alarms. Chapter 13 of Title IX as it concerns automated alarm businesses has become dated and insufficient to regulate the private alarm businesses in a manner to adequately reduce the number of false alarms. The Police Department received approximately 2,753 calls related to burglary alarms in 2010, of which ninety-six percent (96%) were false alarms. The Police Department spends approximately one hundred seventy-two (172) days a year responding to false alarms compared to fourteen (14) days a year responding to actual alarms. The combined Police Department cost for police officer and dispatcher salaries attributable to false alarms between September 8, 2010, and September 7, 2011, was $51,590.83. The Enhanced Call Verification Protocol (“ECV”) proposed in the new Chapter 13 of Title IX requires alarm companies to make two calls in an attempt to reach the alarm user before calling dispatch to report a burglary alarm. ECV has been proven to decrease false alarms by about 50 percent. False alarms will further be reduced by (1) the imposition of fines against the Alarm User for repeated false alarms, and (2) the discontinuance of response to Alarm Sites that have had five (5) or more false alarms in a calendar year. Reduction of false alarms correlates to a reduction in overall response time to all calls. FINANCIAL IMPACT The Police Department indicates it will need to hire a temporary full-time employee to input all of the data necessary to implement the new Alarm Code. The one-time cost for a temporary part-time employee is estimated to be between $4,459 (based on current alarm registrations) and $8,333 (if alarm company claims of 10,000 alarms in Pueblo are correct). This expense may be taken from the Police Department’s general operating budget. In addition, the Police Department will need to update its current “Cry Wolf” software to enable it to track payments, fees and fines. The cost to update the “Cry Wolf” software is estimated at $8,700, with an additional $6,433 in annual licensing and maintenance fees for the program. It was initially expected that these expenditures would be offset by the collection of annual registration fees in excess of $65,000, however, with the deletion of the $12 annual registration fee from the Ordinance those monies are no longer available to fund this project.