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HomeMy WebLinkAboutMINUTES Public Safety Committee 1975-11-24RECORD OF PROCEEDINGS Public Safety Committee j November 24, 1975 Committee: Chairman Burgess, Trustees Petrocine and Sutter Attending: Chairman Burgess, Trustees Petrocine and Sutter Also Attending: Town Administrator Hill, Chief of Police Ault Absent: None DOG CONTROL: Chief Ault submitted a preliminary draft of a dog control ordinance, a copy of which is attached to and made a of these proceedings. Some of the proposed changes are as follows: 1. License fees will be raised from $3 to $5 for neutered dogs and from $5 to $15 for non -neutered dogs per year. 2. Dogs will be required to wear a collar or harness. 3. Leash law will be extended from only the commercial area to the entire Town. 4. Some changes in the required notices. 5. Increase per day cost for dogs from $2.50 to $3.00. The Committee recommends the Board of Trustees instruct the Town Attorney to draw the ordinance in final form and it will then be submitted to the Board for its consideration. BURGLAR ALARMS: Chief Ault reported he has discussed the Committee's August 22, 1975 silent burglar alarm recommendations with the Town Attorney. The Committee recommends its August 22, 1975 recommendations be incorpo- rated in an ordinance similar to the City of Loveland ordinance (copy attached). ALCOHOL SERVICES INC.: A letter dated August 27, 1975 from Alcohol Services Inc. requesting funds to support its activities was discussed by the Committee. Action on the above letter was tabled for further information from the Chief of Police. SOCIAL SERVICES: Chief Ault reported he is working with the Larimer County Department of Social Services on a volunteer youth work program. Further details of the program will be reported to the Committee at its next meeting. WORK SCHEDULE: The Police Department work schedule was reviewed by the Committee. The discussion of the schedule places emphasis on foot patrol. RECORD OF PROCEEDINGS Public Safety Committee November 24, 1975 Page Two (2) POLICE DEPARTMENT FACILITIES: Chief Ault again extended an invitation to the Committee members to observe the operations of the various departments under his supervision. There being no further business, the meeting adjourned. Dale G. HS.11, Town Administrator NOV 251975 TU`.7:1 2 BOARD OF TiW' EES j} HARTWELL and BABCOCK ATTORNEYS AT LAW Phone 667.3126 211 E. 7th Street P.O. Box 5 Loveland, Colorado 80537 September 18, 1975 Ernest G. Hartwell Colton W. Babcock, Jr. Gregory A. White Mr. Dale G. Hill Town Administrator P. 0. Box 1200 Estes Park, CO 80517 Dear Mr. Hill: : I! r I ULII /!f e 94.y/. (404- I am writing in reply to your request for my opinions relative to the following questions: 1. Can the Town furnish services to persons and property outside the corporate limits for silent fire or burglar alarms? It is my opinion the Town cannot furnish such ser- vices to individuals; however, it could contract with another governmental entity authorized to furnish such services, where- by the Town would furnish the services and be reimbursed for its expenses pertaining thereto. Exclusion (c) of the Town's Police Professional Liability Insurance Policy excludes lia- bility under any contract or agreement for such services, ex- cept "mutual law enforcement assistance agreements between political subdivisions." In view of the foregoing exclusion, the Town and the Police Department would have no insurance protection under the Police Professional Liability Insurance Policy now in force for any personal injury, bodily injury or property damage claim made. In view of the Town's liability, under state statutes, to the police officers for certain judg- ments obtained against them, it is my opinion no police services should be furnished outside the corporate limits under any type of contract, other than with another political subdivision such as Larimer County. It is also my opinion the Town cannot furnish services outside its corporate limits, except where authorized by statute. I can find no statute authorizing the Town to render such services as answering burglar alarms for county residents living outside the corporate limits of the Town. 2. Can the Town enter into cooperative agreements with Larimer County or other governmental entities for such services as the enforcement of police -services and resolutions and ordi- nances pertaining to the control of dogs? Mr. Dale G. Hill September 18, 1975 Page 2 It is my opinion section 29-1-203, C.R.S. 1973 autho- rizes the Town and Larimer County to enter into contracts for the rendering of such services. In such contract, the Town would have to be compensated for its expenses incurred in render- ing such services. It is my opinion the Town cannot furnish such services without compensation for its expenses incurred. For example, if the Town furnishes police protection outside the corporate limits, it will have to hire more police officers in order to have adequate man power to protect the Town and the additional services rendered to the County. The Town would have to be reimbursed for these additional expenses if the con- tract is to be sustained as a proper expense of the Town. 3. Can the Town make charges for false alarms, as dis- cussed in the Public Safety Committee meeting of August 22, 1975? You are advised that it is my opinion the Town can make such charges only if it contracts to render services to the silent alarms or enacts an ordinance providing for such charges. It is my opinion the Town should enact an ordinance providing for the payment for false alarms, and also a control of the alarm systems tied into police or other emergency telephone numbers of the Town. I am enclosing for your consideration a copy of Ordinance No. 1448 of the City of Loveland, which it enacted to partially cope with the problems created by the various alarm systems now available to the general public. Along with the provisions in that ordinance, a provision can be made for the charges for the false alarms as suggested in the Public Safety Committee meeting. I will discuss with you in more detail the provisions of such an ordinance if the Town wishes to take that route in con- trolling the silent alarm problem. I am *returning herewith the Police Professional Liability Insurance Policy. If you have any questions concerning the above, please ad- vise me. ery truly yours ZrileiV"' Ha twell EGH:aeh Enclosures PROPOSED CHANGES TO CHAPTER 7.12 - Dogs 7.12.020 License -- Fee. Every person desiring to keep a dog within the town shall make application to the town clerk for a license therefor and shall pay a fee of five dollars per year for each neutered or sterilized dog and fifteen dollars for each dog which has not been neutered or sterilized. /? 0,.71) 6 fi iL' L L L'QLr ..�(t 4 0 ,,f 7.12.040 Running at large prohibited -- Leash control when. It is unlawful for the owner, possessor or custodian of any dog to permit the dog to run about or at large within the town limits, except as hereinafter provided for in certain specified occasions. A dog shall be deemed to be running about or at large within the meaning of the foregoing provision when the dog is off or away from the premises of its owner, possessor or custodian and beyond the positive control of its owner, possessor or custodian. For the purpose of the fore= going provisions, a dog shall be deemed under such positive control when said dog is accompanied by its owner, possessor or custodian and within sight and hearing distance of said person. A dog shall be deemed not under positive control when said dog inflicts damage or injury (by biting, jumping upon, or by any other means whatsoever) to the person or property of anyone other than the owner, except in defense of the owner, possessor or custodian or their family or property; or a female dog in heat which is not securely confined in an enclosure capable of restricting entry of other dogs; or a dog tethered by a leash,'chain or cord which blocks a public thoroughfare. It is unlaw- ful for the owner, possessor or custodian of any dog to permit the dog to be off or away from the premises of its owner, possessor or custodian with the exception of a dog participating in parades, pet shows or similar gathering, and not under the direct control of its owner, possessor or custodian either by leash, chain or cord, no longer than ten feet in length and of sufficient strength to completely retain the dog, or within a vehicle or other confinement. 7.12.050 Impoundment -- When. When any dog is found running at large within the town by any animal control officer, the said dog will be impounded and such officer shall issue a notice to the owner or custodian thereof, if known, stating that 7.12.060 Impoundment -- Notice procedure. Upon the impound- ment of any dog it shall be the duty of the police department to notify Jic.JSf� the owner or custodian of suchidog that the dog has been impounded and will be released upon proof that the dog is properly licensed and the payment of a pound service fee of three dollars together with three dollars for each day of impounment for board and keep, and any expenses incurred by the town for veterinary care and treatment. The notice shall be served either personally or by registered or certified mail addressed to the last known address of the owner or custodian. If the owner or custodian is not known, the notice shall be posted in the pLic �; f r • -Town Ha1"1 for a period of three days and such notice shall contain 00-tte4sc.p t'► Vv'f-ASS a description of the dogfimpounded. 7.12.070 Impoundment -- General procedure. All dogs impounded shall be kept for a period of three days unless sooner redeemed by their owners or custodians; provided, no fierce, dangerous or vicious dog shall be released unless provisions that are suitable to the chief of police have been made for the dog by its owner or custodian to pro- tect the public against the propensities, and no female dog in heat shall be released unless the owner or custodian has facilities for the caring and confining of such dog that are satisfactory to the chief of police. No dog shall`be released from the pound until the production of satis- factory proof of ownership thereof, the payment of a pound service fee of three dollars together with three dollars per day for each day of impoundment First Reading r y 7r- Second Reading ORDINANCE NO. 1 1 M AN ORDINANCE AMENDING CHAPTER 2.44 OF TITLE 2 OF THE LOVELAND MUNICIPAL CODE BY ADDING A NEW SECTION 2.44.110, THE SAME RELATING TO ALARM SYSTEMS, INCLUDING FIRE AND BURGLAR ALARM DEVICES REQUIRING PERMITS FOR THE SAME, PROVID- ING FOR TIIE SUSPENSION OR REVOCATION OF SUCH PERMITS AND ESTABLISHING REGULATIONS WITH REGARD TO CONNECTING SAID ALARM SYSTEMS TO TIIE FIRE AND POLICE DEPARTMENT OR OTHER CITY TERMINALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOVELAND, COLORADO: Section 1: That Chapter 2.44 of Title 2 of the Loveland Municipal Code be and the same is hereby amended by adding thereto a new Section 2.44.110, the same to read as follows: Section 2.44.110 Alarm Systems. A. Definitions. 1. Alarm Device. An "alarm device" as used in this article means any device located in a build- ing in the City of Loveland which, when activa- ted, causes an alarm to be sent directly to the Loveland Police or Fire Departments or other city terminal indirectly from any switchboard, trans- ferring terminal or other switching device, either by self -dialing pre-recorded notification units, telephone lines, radio waves, sound waves, or any other means, which alarm, whether sent directly or indirectly, is sent for the pur- pose of alerting any person or device of a fire or an intrusion, possible intrusion, open door, open window, holdup, or for any other purpose. 2. Main Emergency Terminal. A "main emergency terminal" as used in this article means the tele- phone terminal utilized to receive emergency information for transmittal to the Loveland Police Department or Fire Department and any other such terminal utilized for like purposes. B. Alarm Device Terminating at City. Facilities. It shall be unlawful for any person, including an owner of a building located within the City, to engage in the installation, servicing, main- taining, repairing, replacing or movement of any fire or burglar alarm device which transmits alarms directly or indirectly, to a main emer- gency terminal, except as herein set forth. Such alarm device using a telephone installation or installations as a means of transmitting alarms shall make use only of telephone num- bers designated for that purpose by the chief of police and/or fire chief. C. Permit Required. No person shall allow the installation, ser- vicing, maintaining, repairing, replacing, mov- ing or removing of any fire or burglar alarm device unless there exists a valid permit therefor granted and subsisting in compliance with this section, and no person shall engage in, manage, conduct or carry on a business involving any such activity unless there exists a valid permit therefor granted and subsisting in compliance with this section. D. Permit Application and Investigation. Applications for permits to engage in any or all of the activities set forth in Paragraph C, above, shall be made in the form to be deter- mined by the finance director. Upon the filing of an application for a permit in compliance with this section, the chief of police and fire chief shall make such investigations to satisfy the requirements herein set forth, as they deem necessary, and report such findings to the finance director. If the finance director finds that the conduct or operation of installation, servicing, maintaining, repairing, replacing, moving or removing of any fire or burglar alarm device would not be detrimental or injurious to the public welfare, and that the applicant is of good character and of good business repute, and he has not been convicted of theft or embezzle- ment, or any felony or misdemeanor involving robbery, burglary, dishonesty, fraud or the buying or receiving of stolen property, and does not employ persons who have been similarly con- victed, or if the applicant is a corporation, its officers, directors and principal stockholders meet like requirements, he shall issue the permit. To assist the chief of police and the fire chief in their investigation, the applicant and his employees shall furnish the chief of police and the fire chief the following information and records: - 2 - (1) Name and description of applicant and all employees; (2) Address, legal and local (if any); (3) Fingerprints and photograph of the ap- plicant to be taken by the chief of police, or a member of the police depart- ment of the City at the discretion of the chief of police; (4) A statement as to whether or not the applicant has been convicted of a crime, felony or misdemeanor, the nature of the offense and the punishment assessed therefor; (5) A description of the activities pro- posed to be undertaken by the applicant if the application is granted and a description of all equipment to be used by the applicant in undertaking those activities; (6) A statement setting forth the experience, if any, of applicant with respect to the activities proposed to be undertaken; (7) Such other information as may be reason- ably required by the finance director to carry out the purposes hereof. E. Permit Fee. The fee for each permit granted hereunder shall be in the amount of TEN and 00/100 ($10.00) DOLLARS for each year or portion of year the permit is in effect. The annual fee for a per- mit granted in a previous year shall be payable on or before January 31 of each succeeding year in which the permit is to be in effect. Upon such payment, each said permit shall be renewed if there have been no violations of the pro- visions hereof with respect to said permit. F. Suspension or Revocation of permit. A permit granted pursuant to this section may be suspended by the chief of police or fire chief for violation of any provision of this sec- tion and of rules and regulations in implemen- tation thereof. The permittee, however, shall have a right of appeal of such suspension to the City Council. Such appeal must be filed with the City Manager within thirty (30) days after such suspension or revocation, and shall be heard by the City Council within thirty (30) days. - 3 - G. Administration; Regulation. The provisions of this section shall be adminis- tered and enforced by the chief of police and fire chief. They are authorized to make inspec- tions of the fire or burglar alarm device and of the premises whereon said device is located, provided such inspection is consistent with the provisions of this Code regulating inspections. The chief of police and fire chief shall have the power to make and enforce such rules and regulations as may in their discretion be neces- sary to implement the provisions of this section in addition to such rules and regulations as may be provided elsewhere in this Code. H. Audible Burglar and Fire Alarms Not to be Similar to Siren. It shall be unlawful to install a fire or burglar alarm device which upon activation emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. I. Instruction as to Operation of System. It shall be the responsibility of the holder of a permit to instruct, and reinstruct his subscriber, and/or the occupant of the premises wherein said fire or burglar alarm device is installed in the proper use and operation of said device, whether silent or audible, includ- ing all necessary instruction in turning off said alarm, and in avoiding false alarms. J. Notice of Name of Serviceman or Occupant. Every person maintaining an audible or silent burglar or fire alarm device shall post a framed notice containing the names and telephone numbers of the persons to be notified to render service to the system during any hour of the day or night that such alarm sounds, unless such de- vice also transmits notification to said per- sons upon its activation, and shall furnish the police department and fire department with said names and telephone numbers. The persons named shall include the occupant of the premises, and the permittee responsible for the maintenance of the system, and at least one alternate. The framed notice shall be posted in such position as to be visible from the ground level outside and adjacent to the building or on the front door, to which access may be gained, of the building wherein such device is installed. - 4 - K. Responsibility for Alarm Service. The person or persons named in the posted notice required, or the person or persons notified by the device, shall, upon proper notification, proceed immediately to the location of the acti- vated alarm and render all necessary service; provided, however, the occupant of the premises may, by agreement with permittee, assume the permittee's said obligation to respond. L. Service Requirements. No person shall install, permit installation, maintain, or cause to be maintained, any fire or burglar alarm device for which periodic service or maintenance is not provided. M. Noncompliance with Chapter Provisions Deemed Public Nuisance. Any and all fire or burglar alarm devices which do not comply with the provisions of this section are hereby declared to be a public nuisance and shall be abated as such. N. Compliance Required; Time Period. Any fire or burglar alarm device installed on or prior to the effective date of this section, shall be brought into conformity with the re- quirements of this section within a period not to exceed one hundred and eighty (180) days. Any person, owning, managing, conducting, carry- ing on the business of, or permitting installa- tion, servicing, maintaining, repairing, re- placing, moving or removing of fire or burglar alarm devices, or any person, including an owner, laboring at the trade of and engaging directly in the business of installing, servicing, main- taining, repairing, replacing, moving or remov- ing of fire or burglar alarm devices, on the effective date of this section, shall be per- mitted a period not to exceed thirty (30) days to make application as required under the pro- visions of this section. Upon the application to the finance director and showing of hardship by any person required to comply with this sec- tion, the finance director may permit an adjust- ment for a reasonable period of time. Section 2: It shall be unlawful for any person, firm or corporation to violate or fail to comply with any provision of this section. A violation of any of the provisions of this - 5 Ordinance may be punishable by a fine not to exceed Three Hudred and 00/100 ($300.00) Dollars, or by imprisonment not to exceed ninety (90) days or by both such fine and imprison- ment. Section 3. The City Council herewith finds, deter- mines and designates that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, because improperly installed and maintained alarm systems may malfunction and tie up emergency lines, and whereas in the opinion of the City Council an emergency exists, this Ordinance shall take effect and be in force five (5) days after its final passage, adoption, and publication. Mayor ATTEST: City Clerk - 6 -