Loading...
HomeMy WebLinkAboutPACKET Public Safety 1986-06-26PUBLIC SAFETY COMMITTEE Thursday, June 26, 1986 - 2:00 P M./ AGENDA 1. Barb Wahl/Estes Park Child Protection Team - Curfew restricting minors (referred by Mayor Dannels May 27, 1986). 2, Judy Hoxsey/Estes Park Library - Regarding loading/handicapped/54--7*4« zones, 3, Fire Department: 9/*ek/-€£auf ~ A, Award bid for generators. B Progress Report - Training Center, C. Fire Protection District - Direction from Committee. 4, Alarm Ordinance, 5, Award bid for base station and chargers, 6. Obstructing a Peace Officer - Ordinance, REPORTS: A, Shotguns B. Monthly Report C, Seasonal Officers - Parking . MEMORANDUM TO: Greg SUBJECT: Curfew Restricting Minors FROM: Jenny DATE: May 27, 1986 A curfew ordinance restricting minors from being in public places or on the streets at late hours comprehends the impairment or liberty rights as an exercise of police power to protect the peace and good morals of a municipality. Curfew ordinances have been upheld against constitutional attack when shown to be necessary to reduce the incidence of juvenile criminal activity in public places at night time. At the very least, sustainable ordinances must allow exceptions when juveniles are accompanied by a parent or a guardian or on necessary business for a parent or guardian, or when the affected juvenile is involved in legitimate activity, and must be drawn so as to reasonably relate to the protection of the juvenile without invading his personal rights and liberties. Such ordinances must be justified by a clear showing of necessity and may not be impermissibly vague. The following are examples of unconstitutional curfew ordinances: 1. Curfew ordinance prohibiting minors under e~ighteen years of age from loitering in public places ~ Bd 07 Tructecs between 10:00 P.M. and sunrise unless accompanied by a Dir. Pub V.'13 parent, guardian or spouse; unconstitutionally vague and Dic LAP o,erbroad. In re Doe, 513 P2d 1385 (Wash.). Finence OXicer - Water Supt Gan. Comin. 2. Curfew ordinance exempting minors who have R C. Chairman graduated from high school, unconstitutional violation of E j. of Adj. e:qual protection clause, 14th Amendment. In Re Mosier, 394 Town Atty. NE2d 368. -I VOL,t R ~4 1:2 1- n .-n· 61 -44 - 69 3. Curfew ordinance applicable to unemancipated minors forbidding appearance during specified hours on public streets and parks, places of.amusement and entertainment and in other public places unless accompanied by an adult or while performing an emergency errand; unconstitutional invasion of personal rights and liberties. Opelousas, 658 F2d 1065, (CA 5); S.W. v. State, 431 So.2d 339 (Fla. App.). Based on the determination that such ordinances had the effect of negating parental consent to such activities, of forbidding legitimate employment and interestate travel through the municipality and since the ordinances did not meet any need to protect the special vulnerability of minors, and had the lllllllll f ¥ A I . Memorandum May 27, 1986 Page 2 potential for selective enforcement, all of the above curfew ordinances were held to be constitutionally void. Thus, a curfew ordinance ordinance applicable to minors must be tailored to meet the special vulnerability or such persons and must be narrowly drawn in order not to bar legitimate activities in travel or negate parental consent. GENERAL FUND CAPITAL 1 1 1986 1984 1985 1986 Actual Est. Budget POLICE 1 01-301-00-05-738-6230 ] Equipment 3,759 20,400 14,4051 lTypewriters $ 1,500 Copier & Stand 5,000 Coffee Station 400 File Cabinets 1,000 Computer Update 6,505 $14,405 01-301-00-05-748-6230 Communications 1,793 500 19,0002 2 Base Station: 1st of 5-Year Plan $10,000 Mobile Units & Portables 9,000 i $19,000 01-301-00-05-792-6230 Transportation 26,393 20,000 11,000 31,945 40,900 44,405 FIRE 01-302-00-05-720-6219 Hydrants 7,618 15,000 25,000 01-302-00-05-750-6230 3 Equipment/Other 7,500 11,000 30,185 3Radios $ 2,200 . Generators 5,190 Computer Termina 2,795 Training Tower 20,000 $30,185 - TOTAL THIS PAGE 47,063 66,900 99,590 -20- - ..UU-W L......1 4 estes park 10#@028© Rent Allj -7 + 1120 Mantord Avenue • PO Box 1193 LETTER Estes Park. CO 80517 303/586-2158 303/586-2744 Date 6/29/64 42>4,c, 77Jil~ l.-1 Subject A c:,12.Lr<Fil. -72ug t.Jinpowaa 4 000 lo 120~2-40;ELd:- Ur; LOW CiL, fe.Cay~,y;1·U:A- /095 tkbi-,1 67/7,2,4 So'.oodJ (10,~2-40 6 0 LLC sT; te:-0 di. 2,440%4202 1 3 5-0 -- ~1 0 107 220 4000 U , ,!201 53'243 -1010:-UALL.:* 65-1.•EX~- 5,· 9 ZE- 50<Do u , ;au, A•6 81£.1 £:SNG, , G-C-c:~L 5-7- · ; Dj 9 - SIGNED El Please reply El No reply necessary -0 34 /4 .. CUSTOMER: O- Lb (-u n trele_ -44_E _-Ibe pl- 67 )01 J~4 TELEPHONE #: />r.4-~ 1 ?1' ED BY: ~ 11 54.'/" · MAKE: Koiucifill«. En (3 13/ U /'/ I MODEL: k -5-000 YEAR: F. ? SERIES: 8% WR - - ENG C.I.D.: ;91:. GAS: t) 1 3. DIESEL: 2.-a- ._4 -9 8-3-21.Lp 32_-. F 2 WD: 3 l.., 'll ;i, -4 WD: H.E. I. Ob (in ) 1. I ·, PA.: o a, 62 9 4 1( 21 1 ¥ 2 LI ka r C r r, i ) 1- f PART D c ou K . y i i : #. MANUFACTURER PART # OUANT:TY :R: CE EACH 6 2- 32 (Ce 1 4049 99 4 1-3-43 00 -ffet - 9'Ly,24 4°5/unbl- l I s ~ 2 30 -FO . 8 - s i 014 0 ld_61 1 3 go LT 13.0 ue/ 73 0_041 Caldu 0 Lu~ Qject € i d gla le» LU £ l C 82.ok,U (C~(3 1~€FNE Agi n..u c.0 . 2 44\ ( -4 els .st-OCK-Ect l 41 Ld»-fwi Clret 3 1 1, 62xx3 LU,9- ri- CUSTOMER: 934 8 28 2 14 0*iu-_frie E. Def-INT ' -1 ~_p i < 8 40 TELEPHONE #: i,al:- :21·W, 1 ..F E) BY : /1 - MAKE: 82 £99% 4 1-(.gall_On MODEL: 11 -4 00-0 1 1 /' i YEAR: SERIES: 8 U.P. --- --- A.T. ENG C.I.D.: Dkl, GAS: ><f - - -- i ) 1 5, f DIESEL: 5.2 . ':+' g ky l,01 ' For 439% 2 WD: , (ir' ' 1 f.'' H.E. I. or - i ---*- 4 WD: garn E -8(nien 64 k- 5-0 00 PART ['ESCRIPTH I: MANUFACTURER PART # Anal ] 7 RICE EACH L U. 14 1 1 04 4- I 399 - CO youe_ .00-0 -1- ~ 3_[LI (p, 9 0 4000 LO A 4-11- Q leo. . E-faitt. 1\1-~230 b#< (4-/ ill j Cr ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ALARM SYSTEMS. BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 9.102.010 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 9.102.010 Alarm Device Terminating at Town Facilities. All alarm systems within the Town now serviced by direct connection to the Town Police Department and Fire Department shall continue until June 1, 1987. Upon the expiration of such period, the Town departments shall no longer service such alarm systems and the direct connection with the Town departments shall be terminated. Section 2. That Section 9.102.020 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 9.102.020 Permit and Registration Required. A. Alarm Business Permit. No person shall engage in, conduct, operate or carry on an alarm business without first applying for and receiving a business permit therefore in accordance with the provisions of this Chapter. B. No person shall allow the installation, servicing, maintaining, repairing, replacing, moving or removing of any alarm device unless registration of the device is made pursuant to and in compliance with this chapter. Existing alarm devices shall be registered on or before June 1, 1987. Section 3. That Section 9.102.030 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 9.102.030 Permit Application and Registration. A. Alarm Business Permit. Application for a permit to engage in, conduct, operate, or carry on an alarm business as set forth in Section 9.102.020 (A) shall be made in the form to be determined by the Town. Upon the filing of an application for a permit in compliance with this chapter, the Chief of Police and the Fire Chief shall make such investigations as they deem necessary to satisfy the requirements set forth in this chapter. It must be determined by the Town that all applicants for permits to engage in, manage, conduct or carry on an alarm business are of good character and of good business repute; have not been convicted of theft, embezzlement, or any felony or misdemeanor involving robbery, burglary, dishonesty, fraud or the buying or receiving of stolen property and do not employ persons who have been similarly convicted; or, if the applicant is a corporation, that its officers, directors, principal stockholders and employees meet said like requirements. To assist the Chief of Police and Fire Chief and/or the Town in its investigations the applicant and his employees shall furnish the following information and records: 1. name and description of applicant and all employees; 2. address and telephone number; 3. fingerprints and photograph of the applicant and all employees to be taken by a member of the police department of the Town; 4. a sworn statement as to whether or not the applicant or the applicant's employees have been convicted of a crime, felony or misdemeanor, the nature of the offense and the punishment assessed therefore; 5. a description of the activities proposed to be undertaken by the applicant 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, with respect to the activities purposed to be undertaken; and 7. such other information as may be reasonably required to carry out the purposes of this chapter. B. Registration of Alarm Device. All alarm devices installed, serviced, maintained, -2- repaired, replaced, moved or removed from any premises located within the Town shall be registered with the Town. Existing devices shall be registered on or before June 1, 1987. Every person maintaining an audible or silent alarm device shall furnish as part of the required registration, the type of alarm device being registered, name and telephone number of the alarm business or person to be notified to render service to the system during any hour of the day or night when such alarm sounds, unless such device also transmits notification to said alarm business or person upon its activation, together with the names and telephone numbers of the occupant of the premises and at least one alternate person and their address and telephone number. Section 4. That Section 9.102.040 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 9.102.040. Permit Fee. A. There shall be no fee for the registration of any fire or burglar alarm device. B. The fee for a permit to engage in, manage, conduct or carry on a business of installing, servicing, maintaining, repairing, replacing moving or removing fire or burglar alarm devices shall be $35.00 for each year or a portion of the year the permit is in effect. Section 5. That Section 9.102.100 of the Municipal Code of the Town of Estes Park, Colorado shall be repealed. Section 6. That Section 9.102.110 of the Municipal Code of the Town of Estes Park, Colorado shall be amended to read as follows: 9.102.110. Responsibility for Alarm Service. The person or persons named in the permit to be notified upon activation of the device, or the person or persons notified by the device, shall upon proper notification, proceed immediately<~to the location of the activiated alarm and render all necessary service; provided that the occupant of the premises may, by agreement with the permitee, assume the permitee's obligation to respond. Section 7. That 9.102.130 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: -3- 9.102.130 Compliance Required and Time Period. All fire or burglar alarm devices installed on or prior to the effective date of the ordinance codified in this chapter shall be brought into conformity with the requirements of this chapter on or before June 1, 1987. Any person owning, managing, conducting, carrying on the business of or permitting the installing, servicing, maintaining, repairing, replacing moving or removing of fire or burglar alarm devices; on the effective date of the ordinance codified in this chapter, shall be permitted a period not to exceed ninety (90) days from such date to make application as required under the provisions of this chapter. Upon application to the Town and a showing of hardship by any person required to comply with this section, the Town may permit an extension, for a reasonable period of time, within which to comply with the provisions. Section 8. That Section 9.102.150 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 9.102.150. Violation. It is unlawful for any person to violate or fail to comply with any provision of this chapter. Every person convicted of a violation of any provision stated or adopted herein shall be subject to fine and/or imprisonment as set forth in Section 1.20.020 of this Code. Section 9. This Ordinance shall take effect and be in force 30 days following the adoption and subsequent publication thereof. Mayor ATTEST: Town Clerk -4- I hereby certify that the above ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 1986, and published in a newspaper of general circulation in the Town of Estes Park, Colorado ans was subsequently read by title and adopted this day of , 1986. Town Clerk -5- I 1 / The following bids have been obtained for installation of the NLEC base station which will be located on Prospect Mountain. In addition to the prices indicated, we will need a line from Mountain Bell from the Police Department to Prospect Mountain and letters of approval from the Park Service and the property owner, Bob Heron. Motorola (State Bid) MSR 2000 Base Station/100 Watt 3db gain antennae, battery charger and foam heleax line $3882 General Electric (Gov't Price) Mastr 2 Base Station/110 Watt 3db gain antennae, battery charger and foam heleax line $4400 Installation costs are included in the General Electric bid. Motorola would install under our present maintenance agreement, at an overall savings of $518. I also obtained bids on a Remote radio for the Police Department. Motorola (State Bid) 'T1884 Series 90 Remote $279 General Electric(Gov't Price) Remote radio $373 6% , 1401 ,o A 0/ ~ @At 51,9 1 KA 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. There is hereby added to the Municipal Code of the Town of Estes Park, Colorado, Chapter 9.02.025 as follows: 9.02.025 Obstructing a Peace Officer or Fireman. It is unlawful to obstruct a Peace Officer or Fireman. 1. A person commits obstructing a peace officer or fireman when, by using or threatening to use violence, force, or physical interference or obstacle, he knowingly obstructs, impairs or hinders the enforcement of the law or the preservation of the peace by a peace officer, acting under color of his official authority, or knowingly obstructs, impairs or hinders the prevention, control or abatement of fire by a fireman, acting under color of his official authority. 2. It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority as defined in Section 9.02.030(2) of this Municipal Code. 3. This section does not apply to obstruction, impairment, or hindrance of the making of an arrest. Section 2. This ordinance shall take effect and be in force thirty days after its adoption and subsequent publication. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 1986, and published in a newspaper of general circulation in the Town of Estes Park, Colorado and was subsequently read by title and adopted this day of , 1986. Town Clerk