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Home My WebLink AboutPACKET Public Safety 2007-01-259 . 4 PUBLIC SAFETY COMMITTEE AGENDA January 25,2007 8:00 A.M. PUBLIC COMMENT FIRE DEPARTMENT Action 1. Road Closures Reports 1. Wildland Urban Interface Coordinator's Report -Sue Pinkham POLICE DEPARTMENT Action â‚¬/, 1. Estes Valley Victim Advocates Contract Reports 1. Municipal Court Annual Report - Judge Gary Brown 2. Officer Tyson Russell - PTO Presentation 3. Republic Parking Report NOTE: The Board of Trustees (or Public Safety Committee) reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4. ' k .%Â® hp LaserJet 3015 0 # HP LASERJET FAX invent Jan-22-2007 11:46AM Fax Call Report Job Date Time Type Identification Duration Pages Result 911 1/22/2007 11:40:31AM Send 5869561 0:35 1 OK 912 1/22/2007 11:41:11AM Send 5869532 0:47 1 OK 913 1/22/2007 11:42:04AM Send 5861691 0:53 1 OK 914 1/22/2007 11:43:02AM Send 6353677 0:00 0 Busy 915 1/22/2007 11:44:38AM Send 6353677 0:49 1 OK 916 1/22/2007 11:45:32AM Send 5771590 0:58 1 OK PUBLIC SAFETY COMMITTEE AGENDA January 25,2007 8:00 A.M. PUBLIC COMMENT FIRE DEPARTMENT Action 1. Road Closures Reports 1. Wildland Urban Interface Coordinator's Report - Sue Pinkham POLICE DEPARTMENT Action 1. Estes Valley Victim Advocates Contract Reports 1. Municipal Court Annual Report - Judge Gary Brown 2. Officer Tyson Russell - PTO Presentation 3. Republic Parking Report NOTE: The Board of Trustees (or Public Safety Committee) reserves the right to consider other appropriate items not available at the time the agenda was prepared. . 1, , MEMORANDUM To: Public Safety Committee Frorn: Fire Chief Scott Dorman Date: December 18,2006 Subject: Road Closure Background: In 1999 and 2002, the Estes Park Volunteer Fire Department hosted the Colorado State Firefighters Association's (CSFFA) annual conventions. Recently, the Fire Department received word that it has been chosen to host the CSFFA convention in 2007. The 2007 convention will run from Monday, June 18th thru Friday, June 22nd with a possible parade On Saturday June 23rd. Part of the convention, as in 1999 and 2002, includes firefighter tournament competitions, which will be held on Friday, June 22nd. During previous conventions, a section of Manford Ave. was closed in order to accommodate the tournament events. This section ofroad was ideal for the events because it is fairly level, straight, and has the needed availability of two fire hydrants. All businesses were notified prior to the event; signs, traffic cones and a summer PD officer were used to direct people to the businesses in the area. The Fire Department did not receive any complaints because of the road closure in either year. Next year's tournament is proposed to be held at the same location as the previous conventions, on Manford Ave. - between the Estes Park Rent-All building and Community Dr. Manford Ave. would need to be closed on Friday June 22nd from 6:00 AM until 6:00 PM.; access to all businesses in the area will be maintained by redirecting traffic with traffic cones and signs. Budget: No budget impacts Recommendation: The Fire Department requests closing Manford Ave. from the Estes Park Rent-all building to the intersection of Manford Ave. and Community Dr. from 6:00 AM until 6:00 PM on Friday June 22,2007, to accommodate the CSFFA convention tournament events. l Â« 4 4 1 1 161[ 1 1, 7.1 11 i mÂ« k e 44 COMMUNITY DR *14 CUMMUNI I T L~H 22 PRIVATE DR ' E,t-- *11 0- 0 /0 404 .1 - â€¢r- N 0 \ 5 &2955 R X 0 11 9 1 09Â«/Am:% RE j 0 /0,. 5;5 -01- E 1 0 E g w ' z " 2-r N-* AJ .- H 31VAIbld il V, 1%1 91 1 .,0 111 . 1 89 22 1.091. 69 0 saw go gEL 0 09Â£L ZOCL 220 1209 T OLE: 69/1. LIÂ·ZI. 31.Â¥ C]AYJO ~ 1.61.1. 1140 0.1.1. 22=Z# - OZLL~~ 1060 Estes Park Police Department Memo To: Chairman Wayne Newsom and Public Safety Committee Board Members From: Lowell Richardson, Chief of Police~~ CC: Randy Repola, Town Administrator Date: January 22,2007 Re: Estes Valley Victim Advocates contract for services Background Each year, the Estes Valley Victim Advocates receive funding from the Town of Estes Park for services rendered to crime victims who are residents of Estes Park. The police department has received and reviewed the contract presented with Town Attorney White. There are no concerns or recommended changes for this year's contract. Budget/Costs $7,500.00 (as budgeted for 2007 in account 101-2100-421.22-98 project: VICTIM) Recommendations Staff recommends approval of the contract as presented for the year 2007. 1 . CONTRACT FOR SERVICES TOWN OF ESTES PARK THIS CONTRACT, dated this day of , 2007, is by and between the TOWN OF ESTES PARK, STATE OF COLORADO, 170 MacGregor Ave., Estes Park, CO, a body politic and corporate (the "Town"), and ESTES VALLEY VICTIM ADVOCATES, INC. ("Contractor".) RECITALS WHEREAS, the Town plans to continue a project entitled, "ESTES VALLEY VICTIM ADVOCATES," and WHEREAS, the Town desires to retain the services of the Contractor to assist it in studies relative thereto and the planning and designing thereof as set forth in this agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the Town and the Contractor agree as follows: 1. CONTRACT DOCUMENTS: the "Contract Documents" shall consist of the following: a. This Contract; b. The Scope of Services, attached hereto as Exhibit "A;" All of which are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this contract. If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. 2. THE WORK: The Contractor shall furnish the labor, equipment, materials and supervision necessary for or incident to the complete and timely performance of everything described or reasonably implied from the Contract Documents (the "Work") except as provided for herein. 3. INSPECTION: The Town reserves the right to monitor and evaluate the progress and performance of the Contractor to ensure that the terms of this agreement are being satisfactorily met in accordance with the Town and other applicable monitoring and evaluation criteria and standards. Contractor shall cooperate with Town relating to such monitoring and evaluation. 4. PAYMENT: Upon satisfactory completion of the Work, and provided that Contractor is not in default of the Contract, the Town shall pay the Contractor the firm fixed price of SEVENTY FIVE HUNDRED DOLLARS AND 00/00 ($MOO) in quarterly fund distribution on or about January 2007, April 2007, July 2007 and October 2007, in equal increment payments of $1,875. . 5. TERMINATION: The Town reserves the right to terminate this Contract in whole or in part with or without cause upon thirty (30) days written notice to the Contractor. In the event of termination, the Contractor shall incur no additional expenses and shall perform no further services for the Town under this Contract as of the date of receipt of the notice of termination unless otherwise specified by the Town. The Town shall pay the Contractor for all services satisfactorily performed prior to receipt of the notice of termination and for other services required by the Town to be completed prior to termination and satisfactorily performed. In the event of termination for cause, the Contractor shall be liable for any and all damages, including without limitations, the cost of procuring similar supplies or services and all other costs and expenses incurred by the Town because of such failure. 6. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND UNEMPLOYMENT INSURANCE: In performing the Work, the Contractor acts as an independent contractor and is not acting as an agent, servant or employee of the Town. The Contractor is solely responsible for necessarv and adequate worker's compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided bv the Contractor or an entitv other than the Town. The Contractor understands and agrees that it is an independent contractor under the terms and conditions of this Agreement. As such, the Contractor is not entitled to emplovment or insurance benefits through the Town. Also, the Contractor understands and agrees that it is solelv responsible for all Federal and State income tax, FICA taxes and unemplovment insurance taxes. The Contractor also understands and agrees that it is responsible for workers' compensation coverage and taxes for itself and any emplovee. 7. INDEMNIFICATION: The Contractor hereby agrees to and does indemnify, defend, save and hold the Town harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Contractor, his agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage however occurring to any person or persons whomever (including the Contractor, his agents, employees, servants, subcontractors, or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Contractor, his agents, employees, servants, subcontractors or business invitees)- or from any cause or causes whatsoever arising out of the performance of services hereunder. 1. INSURANCE REQUIREMENTS: a. The Contractor and its subcontractors shall purchase and maintain such insurance in a company or companies licensed to do business in the State of Colorado as will protect them from claims which may arise out of or result from operations under the Contract whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required by this Contract is set forth below: b. Comprehensive General Liabilitv: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not be a limit to the liability of the Contractor hereunder c. Comprehensive Automobile Liabilitv: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance, insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Contractor, whether they are owned, non-owned, or hired, with a conn bined single limit of at least $1,000,000. The limits of said insurance shall not however, be a limit to the liability of Contractor hereunder. d. Other Insurance: The Contractor shall procure and keep in force during the term of this Contract Worker's Compensation and such other insurance as may be required by any applicable law, ordinance or governmental regulation. e. Terms of Insurance: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policy holder's financial rating of not less than that of "A" as set forth in the most current edition of "Best's Insurance Reports", and may provide for deductible amounts as the Contractor may deem to be reasonable for completion of the Work, but in no case greater than $20,000. The Contractor shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section, and the Contractor shall immediately advise the Town in writing if a reduction in coverage or other modification of the insurance coverage occurs. Insurance policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. Such policies shall be written as primary policies not contributing to and not in excess of coverage which the Town must carry. f. Proof of Insurance: Prior to the commencement of the Work, the Contractor shall furnish to the Town certificates of insurance policies evidencing the required coverage. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice to the Town. The Contractor shall identify whether the type of coverage is "occurrence" or "claims made". If the type of coverage is "claims made" which at renewal, Contractor changes to "occurrence", Contractor shall carry a six-month tail. The Contractor agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the Town will hold the Contractor responsible in the event the subcontractor fails to have adequate insurance. g. The Town reserves the right to approve variations in the above requirements upon request of the Contractor, in the Town's sole discretion. h. Nothing contained in this agreement constitutes a waiver of the Town's governmental immunity pursuant to the applicable provisions of the Colorado Governmental Immunity Act. 9. AMENDMENT: a. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided; this Contract may not be modified or amended except by written agreement of the parties. b. The Town reserves the right to omit any of the tasks identified in the Scope of Services upon written notice to the Contractor. 10. MISCELLANEOUS PROVISIONS: Governing Law and Venue: This Contract shall be governed by the laws of the State of Colorado and venue shall be in the County of Larimer, State of Colorado. Assignability: This Contract is voidable by the Town if assigned by the Contractor without the prior written consent of the Town. Survival Clause: The indemnification provision of this Contract shall survive the completion of the Work and the termination of this Contract. Compliance with the Laws: The Contractor shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that effect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. Severabilitv: If any provision in this Contract shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof. Renewal: This contract is subject to renewal annually upon review and agreement of the Contractor and the Town. IN WITNESS WHEREOF, the parties hereto have executed this Contract. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk ESTES VALLEY VICTIM ADVOCATES, INC. ATTEST: BY: EXHIBIT A SCOPE OF SERVICES 1. Term of Service: The term of this agreement shall be from January 01, 2007, through December 31, 2007, unless earlier termination pursuant to the Contract. This Contract shall be renewed and/ or modified as necessary before the beginning of a new grant term and prior to the termination date of the Contract. 2. Remuneration for Services: The Town shall pay Contractor the amount of $7,500 for immediate victim assistance as set forth in paragraph three ("Services Provided") herein. Providing services to victims of crime ($5,000) and crisis intervention ($2,500) in non-criminal incidents. The Town's obligation to Contractor shall not exceed a total of $7,500 for the entire term of this Contract. The Town shall also provide "in kind" contributions such as temporary use of a telephone and/or office while in the service of victims at the Police Department. The Town will also continue to provide pagers for the advocates not to exceed the total cost of $35 per month. 3. Services Provided: tontractor shall PRRide th<folld?vinglervices: LLpe#riseritativÂ»Itt~ Fesfiond'bys.phone 'or ifi 566601 .fori imbledilt@. crisist#*#ventidiâ‚¬,And '25&8 ya> 4.'* $ counsulingF~ L.yolitticiddhall prov.ide twenty-four (24) hok? plidne refd*41 seiviEeh 48#79)2*her ah#istake to,Yictimk,M allcilme<in accohiance tiS the l,ws ofth<Statk of,(616&Â¢doj 4. INDEMNIFICATION: By accepting referrals from the Town to Estes Valley Victim Advocates, Inc., Contractor hereby agrees to fully comply with the provisions of the Americans with Disabilities Act ("ADA"). Contractor agrees to be fully responsible and liable for making counseling and support programs available for use by disabled participants. Contractor agrees to and does indemnify and hold the Town and its agents and employees harmless from and against any and all claims, damages, losses, injuries, costs and expenses, including attorney's fees relating to or arising out of Contractor's failure to comply with the ADA. 5. POLICE RECORDS RELEASES: By accepting copies of official and confidential Police Reports, Contractor agrees to not release these reports, or any information contained therein, to anyone except its own agents/representatives who are acting in the capacity of providing the aforementioned services to the Town. Contractor assumes full responsibility for any and all breaches of confidentiality or security of records; and agrees to and does indemnify the Town for any and all liability, loss, damage, costs, expenses and attorney's fees resulting from said breach by Contractor, its agents, servants, and employees. 6. BI-ANNUAL AND ANNUAL REPORTS: Contractor shall provide the Town with bi-annual reports on the type and total number of crimes responded to through the Project. These statistics shall include whether the victim was initially contacted at the time the crime occurred, noting if response was either in person, at the scene, or by phone at the scene. If initial victim contact transpires at a later time, the statistics shall indicate whether the victim was contacted in person, by phone, or by mail. Contractor shall provide the Town with bi-annual reports and adequate documentation referencing any paid positions within their organization maintained in whole or in part by grant monies obtained by the Town. Depending upon the term and conditions of the grant, Contractor shall also provide the Town with the total final statistics that, in turn will be submitted to the grantor for.any required reporting period. MUNICIPAL COURT - TOWN OF ESTES PARK 2006 2006 2005 Month New Cases Receipts Receipts January 14 $1,109 $1,025 February 19 1,556 2,393 March 7 1,209 1,750 April 18 1,269 1,437 May 21 1,531 1,020 June 18 1,129 1,657 July 44 3,561 1,454 August 36 2,324 2,362 September 65 4,208 2,072 October 28 2,015 2,097 November 40 2,505 1,983 December 25 1,950 1,512 TOTAL 335 24.366 $20.762 A W C~ C~ - C~ - 91- 0Â© M M O Oâ€¢r,OV'Mâ‚¬VyÂ©(90-0 16 6~519,â‚¬1.ell=n.en,â‚¬1.qnot -- ----CON=reNCY- Â© 10': ga=:Â·CN~OO-00=1Â·QI,)00Â©16!9 R 26- - - â‚¬9-4- en U N W N;* 2 6 01 trher,Or-Â©h=11(9(NherINM 01 ON tn m N 'n Wl ~O r. 0, 00 - t. 8 93 0-blrll,QETÂ¢Â·10901, 96 0 -4â‚¬9-----MWNâ€¢-1-â‚¬9 M O R 314-coheooveloow-c,00=1 i 00 . ON-04.N--er,(90 .., rv - 01 0 h en N M D t- u M -4 --N--Men- ~ ~ U N In * N =t- W n M N E- OOP %~---4-40:Nenâ„¢*Ne,IN en O ....0 en *O) O- M T-U M 00 M 40 1 - 0 89 C.il -1 fr. 09,9 <:2 1,2- C.Il (p'- C.l- St â‚¬9 - ---1--- --1 % ~coewwiur.M-en-Mt# Z~*-encl---MMN--* 2 M a MC\MOOWNâ‚¬900Â©Â©OCNRO 0, r. CA CA OÂ© M - 0 9, An N oÂ© N * 80 1019Â¢9.rte'loci.tl.<Rclator 0 - er) M (9 01 - Â¢1 01 M â‚¬9 - N *!BeÂ©YeÂ®MWOM+B-2 a * rn Q * M =r * 00 tâ€¢Â· 4- 91- r9 Â¥ U 01 91- 91- hot- Ar, pKootne-t- W W $ CN O M GO 91- 01 4- 91- 0 W G" 9.ett"ll:.03.~Ciw-rifte en-N- -â‚¬9- M CV N- MN 2~ ~Her~O91-ONDÂ©efheÂ©U-Â¤ Rrd an en tr, 91Â· rn M N 00 h 91- en tr) 2; 1 I # 3 3. i .0 * *# 2 -0 .0 4 & a 2 -agÂ©~225- * I 2001 200Z 2002 2003 2003 2004 2004 2005 2006 Receipts N Receipts Receipts 99â‚¬'Fts *0~IS MUNICIPAL COURT - TOWN OF ESTES PARK COMPARISON REPORT EOOZ U! ues@q ong,O 081140 EOOZ U! uevoq aollsnf OA!.lools TOWN OF ESTES PARK MUNICIPAL COURT 2006 PARKING TICKET REPORT Paid Tickets - Monthly YTD Januarv $ 10 $ 10 Februarv 40 50 March 10 60 April 0 60 ME 0 60 June 150 210 173 690 900 August 710 1,610 September 180 1,790 October 0 1,790 November 0 1,790 December 0 1,790 TOWN OF ESTES PARK MUNICIPAL COURT PARKING TICKET REVENUE COMPARISON 2006 .................. $1,790 2005 4,140 2004 2,730 2003 .................. 3,860 2002. 3,578 2001. 405 2000. 3,245 1999........ 2,970 FALSE ALARM S NOISMGIA AVG NZI3GOIN V 47 Om ONIAND JO Definitions â€¢ Alarm: Any device that triggers a response from the police department or fire department â€¢ False Alarm: A false activation of an alarm, s,gar}!UI.Iod 'uouounlIEUI mifIE Nulpnpu! Duoqd,Ial 10 0-IHI!9 IED!17)019 10 '00UOB!09u u 09 0 TI nJIEUI 1 1 55./Imhl . 4. i 11'lilli- I; 1, 1 1 1 111 1 1 !1- E 1 1 1 1- OLOOLOOLOO CY-) C\' C.\1 =r- Aouenbel:I ... Cost of False Alarm s Alarm calls by month oaC| AON 100 Kles Bnv kinr eunf XeIN ludv JeIN qed uer 4}uoIN 40 - 35 Causes of False Alarm s â€¢ User Error â€¢ Weak Battery â€¢ Open, Unlocked, Loose Fitting Doors and Windows RUDA 0/v pIm BuREDH UI04 suria Â· Slod â€¢ Solutions â€¢ Alarm Registration â€¢ Revise the Fine Schedule â€¢ Online False Alarm Reduction Course â€¢ Revise the Municipal Code SUI-ret-V OSIFE[ 01 osuods,11 -Ino of#Iret{) . ESTES PARK POLICE DEPARTMENT P.O. Box 1287 ESTES PARK, CO 80517 (970)586-4000FAx (970)586-9681 ALARM USER PERMIT O Residential O Commercial Permit # ALARM LOCATION PAYOROF FALSE ALARMS Owner's Name Name Physical address Mailing Address Phone State City Zip OWNERS PRIMARY ADDRESS Name Mailing Address City State Zip Phone Email Alarm Monitoring Center / Alarm Maintenance & Certilication Contact: Name Address Phone Type of System O Intrusion O Fire O Medical O Single Family O Multi Family O Commercial Is the house number posted and visible from the street? O Yes O No PROPERTY MANAGEMENT Contact Information: (People with keys andalarin *#b.) 1. Name Phone Address Other LOCAL Contact Information: (People with keys andalarm 4.) 2. Dianne Phone Address 3. Name Phone Address Applicant Signature FOR OFFICE USE ONLY: Fee Paid $ Date Approved by Check # Faxed to Security Company O Data Entered O Copy to Owner O Transferred From: OLD permit #: . , Model Burglar Alarm Ordinance A Joint Document of NBFAA/FARA . .. NBFAA Electronic Life Safety, Security C -_.- FALSE ALARM REDUCTION ASSOCIATION & Systems Professionals National Burglar & Fire Alarm Association False Alarm Reduction Association 2300 Valley View Lane, Suite 230 10024 Vanderbilt Circle, Unit 4 Irving, TX 75062 Rockville, MD 20850 (214) 260-5970 (301) 519-9237 Fax: (214) 260-5979 Fax: (301) 519-9508 www.alarm.org www.faraonline.org NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 1 of 20 . I . NBFAA/FARA MODEL BURGLAR ALARM ORDINANCE The attached Model Burglar Alarm Ordinance (the "Ordinance") has been prepared through a joint effort between the National Burglar & Fire Alarm Association (NBFAA) and the False Alarm Reduction Association (FARA). The NBFAA is an association that promotes electronic security and life safety services in the United States. The FARA is an organization comprised of law enforcement and fire officials from throughout North America, who administer and implement false alarm reduction programs. An Executive Summary of the Model Burglar Alarm Ordinance is available at both the NBFAA and FARA web sites. Before attempting to tackle this document, we encourage you to review the Executive Summary, as it provides a synopsis of the Ordinance and describes key considerations of which you should be aware. Both NBFAA and FARA strongly believe false alarm reduction should be a cooperative effort among all parties involved (i.e., the alarm industry, law enforcement officials, and the alarm user). To that end, we strongly suggest that, before attempting to implement any alarm management ordinance designed to reduce the incidence of false alarms, your municipality form an Alarm Advisory Board. The Alarm Advisory Board should be comprised of representatives from the alarm industry, law enforcement officials, community and business groups, and any other entity that has a stake in the reduction of false alarms. We believe that the Alarm Advisory Board represents a fundamental step in the development and implementation of a good, effective alarm management ordinance. It fosters cooperative relations and provides every group with ownership of the final product. The Ordinance is based on a registration system with appropriate controls to facilitate false alarm reduction. It contains law enforcement control and administration, alarm installation company and monitoring company responsibilities, and requires the disciplined use of alarm systems by alarm users. Specific amounts of fines and fees are not listed in the text of this document in order to encourage a dialogue among law enforcement, municipal leaders, alarm users and alarm companies on the appropriate fine or fee to fit the circumstances of your jurisdiction. NBFAA, FARA and your state alarm association can assist you in establishing the appropriate fines and fees for your jurisdiction. PLEASE NOTE: The Ordinance is intended to serve as a BASE FRAMEWORK for municipal officials, law enforcement officials and the alarm industry. It contains features that have been proven to reduce false alarms. Any new standard that is properly certified by the American National Standard Institute or its equivalent, should be considered when creating or revising an alarm management ordinance. It is important that the Ordinance be reviewed carefully before endorsing or recommending that it be adopted either in whole or in part. There may be aspects of the Ordinance that will pose potential problems in your locale, and you may decide that those characteristics should not be included in your local alarm ordinance. As the Ordinance is intended for use as a guide, it is a working draft, subject to changing times, designed to help you successfully develop and implement a good alarm management ordinance. Throughout the Ordinance there are italicized notes to aid you in drafting an ordinance that best suits your jurisdiction. Anything italicized should not be adopted as part of your ordinance and should be deleted after being considered. NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 2 of 20 ' , TABLE OF CONTENTS Sec. 1. Purpose Page 4 Sec. 2. Definitions Page 4 Sec. 3. Registration Required; Application; Fee; Transferability; False Statements Page 6 Sec 3.1 Alarm Registration Duration and Renewal Page 8 Sec. 4. Duties of the Alarm User Page 8 Sec. 5. Duties of Alarm Installation Company and Monitoring Company Page 9 Sec. 5.1 License or Licensing Page 11 Sec. 6. Duties and Authority of the Alarm Administrator Page 11 Sec. 7. Fines Page 12 Sec. 8. Notification Page 12 Sec. 9. Suspension of Response Page 13 Sec. 10. Appeals Page 13 Sec. 11. Reinstatement Page 14 Sec. 12. Enforcement and Penalties Page 15 Sec. 13. Confidentiality Page 15 Sec. 14 Government Immunity Page 15 Sec. 15. Severability Page 15 Appendix A: Additional Resource Materials Page 16 Appendix B: Installer False Alarm Prevention Program Checklist Page 17 Appendix C: Customer False Alarm Prevention Checklist Page 18 Appendix D: Licensing of Alarm Companies Page 19 Appendix E: Fines and Fees Page 20 NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 3 of 20 SECTION 1. PURPOSE (A) The purpose of this Ordinance is to encourage Alarm Users and alarm companies to properly use and maintain the operational effectiveness of Alarm Systems in order to improve the reliability of Alarm Systems and reduce or eliminate False Alarms. (B) This Ordinance governs Alarm Systems intended to summon law enforcement response, and requires registration, establishes fees, provides for penalties for violations, establishes a system of adminiktration, and sets conditions for suspension of police response or revocation of registration. SECTION 2. DEFINITIONS In this Ordinance, the following terms and phrases shall have the following meanings: (A) Advisory Board means Persons designated by a governing authority that should be representative of the community, Alarm Users, the alarm industry, and law enforcement. The Advisory Board should review and recommend False Alarm reduction efforts and report to the governing authority (municipal/township/borough/city council, county board, etc.). (B) Alarm Administrator means a Person or Persons designated by the governing authority to administer, control and review False Alarm reduction efforts and administer the provisions of this Ordinance. Note: All orpart ofthe duties assigned to the Alarm Administrator may be assigned to a third party private company. Contact FARA or NBFAA for more information. (C) Alarm Dispatch Request means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular Alarm Site. (D) Alarm Installation Company means a Person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site. This definition shall also include individuals or firms that install and service the Alarm Systems that will be used in their private or proprietary facilities. This does not include persons doing installation or repair work where such work is performed without compensation of any kind (i.e., "do-it-yourselfers"). (E) Alarm Registration (or Permits) means authorization granted by the Alarm Administrator to an Alarm User to operate an Alarm System. (See Appendix A - Additional Resource Materials) (F) Alarm Response Manager (ARM) means a person designated by an Alarm Installation Company to handle alarm issues for the company and act as the primary point of contact for the jurisdiction's Alarm Administrator. (G) Alarm Site means a single fixed premises or location served by an Alarm System or Systems. Each unit, if served by a separat6 Alarm System in a multi-unit building or complex, shall be considered a separate Alarm Site. (H) Alarm System means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response, including Local Alarm Systems. Alarm System does not include an alarm installed in a vehicle or on someone's Person unless the vehicle or the personal alarm is permanently located at a site. (I) Alarm User means any Person, who (which) has contracted for Monitoring, repair, installation or maintenance service from an Alarm Installation Company or Monitoring Company for an Alarm System, or who (which) owns or operates an Alarm System which is not monitored, maintained or repaired under contract. NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 4 of 20 . , (J) Alarm User Awareness Class means a class conducted for the purpose of educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems and the problems created by False Alarms. (K) Arming Station means a device from which the alarm system is turned On (armed) and Off (disarmed). (L) Audio Verification means the transfer of sounds from the protected premises to the monitoring company, as a result of activation of one or more devices, to confirm or deny the validity of the alarm signal. (M) Automatic Voice Dialer means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law enforcement, public safety or emergency services agency requesting dispatch. (N) Cancellation means the process where response is terminated when a Monitoring Company (designated by the Alarm User) for the Alarm Site notifies the responding law enforcement agency that there is not an existing situation at the Alarm Site requiring law enforcement agency response after an Alarm Dispatch Request. (0) Conversion means the transaction or process by which one Alarm Installation Company or Monitoring Company begins the servicing and/or Monitoring of a previously unmonitored Alarm System or an Alarm System previously serviced and/or monitored by another alarm company. (P) Duress Alarm means a silent Alarm System signal generated by the entry of a designated code into an Arming Station in order to signal that the Alarm User is being forced to turn off the system and requires law enforcement response. (Q) Enhanced Call Verification (ECV) is a monitoring procedure requiring that a minimum of two calls be made prior to making an Alarm Dispatch Request. The two calls must be made to different phone numbers where a responsible party can typically be reached. (R) False Alarm means an Alarm Dispatch Request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the Alarm Site. (S) Holdup Alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after it has occurred. (T) Law Enforcement Authority means the Commissioner, Superintendent, Sheriff, Chief of Police, director or other authorized representative of a law enforcement agency. (U) License means a license issued by the Iidentify appropriate governmental agencyl to an Alarm Installation Company and Monitoring Company to sell, install, monitor, repair, or replace Alarm Systems. Note: Delete all references to the term License in this Ordinance if there is no such license in your state or jurisdiction. (V) Local Alarm System means any Alarm System, which is not monitored, that annunciates an alarm only at the Alarm Site. (W) Monitoring means the process by which a Monitoring Company. receives signals from an Alarm System and relays an Alarm Dispatch Request to the municipality for thie purpose of summoning law enforcement to the Alarm Site. (X) Monitoring Company means a Person in the business of providing Monitoring services. NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 5 of 20 . (Y) One Plus Duress Alarm means the manual activation of a silent alarm signal by entering a code at an Arming Station that adds one to the last digit of the normal arm/disarm code (e.a., normal code = 1234, One Plus Duress Code = 1235). (Z) Other Electronic Means is the real-time audio/video surveillance of an Alarm Site by the Monitoring Company, by means of devices that permit either the direct, live listening in or viewing of an Alarm Site or portions thereof. (AA) Panic Alarm means an audible Alarm System signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response. (BB) Person means an individual, corporation, partnership, association, organization or similar entity. (CC) Responder means an individual capable of reaching and having access to the Alarm Site, the code to the Alarm System, and the authority to approve repairs to the Alarm System. (DD) Robbery Alarm - See Hold-up Alarm (EE) ANSI/SIA Control Panel Standard CP-01 means the ANSI - American National Standard Institute approved Security Industry Association - SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organizations, will be marked to state: "Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction". (FF) Suspension of Response means the termination of police response to alarms at a specified Alarm Site as a result of False Alarms or other violation of the alarm Ordinance. (GG) Takeover means the transaction or process by which an Alarm User takes over control of an existing Alarm System, which was previously controlled by another Alarm User. (HH) Telephone Verification - See Verify (II) Unregistered Alarm Site means a site that has not complied with a jurisdiction's registration requirements as defined in the alarm Ordinance. (JJ) Verify means an attempt by the Monitoring Company to determine the validity of an alarm signal prior to initiating an Alarm Dispatch Request. (See Appendix A - Additional Resource Materials) (KK) Video Verification means the transfer of video images to the monitoring company reflecting conditions existing at the protected premises at the time an alarm was activated through the use of video technology. (LL) Zones means the capability of an alarm system to separate and report incidents or alarms by area. (Example: Zone 1 - Front Door Contact; Zone 2 - Front Entry Motion Detector) ~R~TI O NÂ£3 ' Im-QISTRATI@Â©3EQUIRED;-APPWCATIONrFEE;-TRANSFERABILITY; FALSST~TEMENTS (A) No Alarm UsJr shall operate, or cause to be operated, an Alarm System at its Alarm Site without a valid Alarm Registration. A separate Alarm Registration is required for each Alarm Site. (See Appendix A - Additional Resource Materials) (B) The fee for an Alarm Registration or an Alarm Registration renewal is set forth below and shall be paid by the Alarm User. No refund of a registration or registration renewal fee will be made. The NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 6 of 20 .. initial Alarm Registration fee must be submitted to the Alarm Administrator within five (5) days after the Alarm System installation or Alarm System Takeover. ( 1) Registration Fees - (See Appendix E - Fines and Fees) (2) Renewal Fees - (See Appendix E - Fines and Fees) (C) Upon receipt of a completed Alarm Registration application form and the Alarm Registration fee, the Alarm Administrator shall register the applicant unless the applicant has: (1) failed to pay a fine assessed under Section 7; or (2) had an alarm registration for the Alarm Site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. (D) Each Alarm Registration application must include the following information: (1) the name, complete address (including apt/suite number), and telephone numbers of the Person who will be the registration holder and be responsible for the proper maintenance and operation of the Alarm System and payment of fees assessed under this article; (2) the classification of the Alarm Site as either residential (includes apartment, condo, mobile home, etc.) or commercial; (3) for each Alarm System located at the Alarm Site, the classification of the Alarm System (i.e. burglary, Holdup, Duress, Panic Alarms or other) and for each classification whether such alarm is audible or silent; (4) mailing address, if different from the address of the Alarm Site; (5) any dangerous or special conditions present at the Alarm Site; (6) names and telephone numbers of at least two individuals who are able and have agreed to: (a) receive notification of an Alarm System activation at any time; (b) respond to the Alarm Site within [*] minutes at any time; and (c) upon request can grant access to the Alarm Site and deactivate the Alarm System if necessary; *Amount Oftime to be determined by the local jurisdiction. Please call NBFAA, FARA or your state associationfor sample times that are used by other jurisdictions similar to yours. (7) type of business conducted at a commercial Alarm Site; (8) signed certification from the Alarm User stating the following: (a) the date of installation, Conversion or Takeover of the Alarm System, whichever is applicable; (b) the name, address, and telephone number of the Alarm Installation Company or companies performing the Alarm System installation, Conversion or Takeover and of the Alarm Installation Company responsible for providing repair service to the Alarm System; (c) the name, address, and telephone number of the Monitoring Company if different from the Alarm Installation Compianyt k (d) that a set of written operating instructions for the Alarm System, including written guidelines on how to avoid False Alarms, have been left with the applicant by the Alarm Installation Company; and4* NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 7 of 20 , (e) that the Alarm Installation Company has trained the applicant in proper use of the Alarm System, including instructions on how to avoid False Alarms. (9) that law enforcement response may be influenced by factors including, but not limited to the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc. (E) Any false statement of a material fact made by an applicant for the purpose of obtaining an Alarm Registration shall be sufficient cause for refusal to issue a registration. (F) An Alarm Registration cannot be transferred to another Person or Alarm Site. An Alarm User shall inform the Alarm Administrator of any change that alters any of the information listed on the Alarm Registration application within five (5) business days of such change. (G) All fines and fees owed by an applicant must be paid before an Alarm Registration may be issued or renewed. SECTION 3.1. ALARM REGISTRATION DURATION AND RENEWAL An Alarm Registration shall expire [*] from the date of issuance, and must be renewed annually by submitting an updated application and a registration renewal fee to the Alarm Administrator. The Alarm Administrator shall notify each Alarm User of the need to renew thirty (30) days prior to the expiration of the registration. It is the responsibility of the Alarm User to submit an application prior to the registration expiration date. Failure to renew will be classified as use of a non-registered Alarm System and citations and penalties shall be assessed without waiver. A [*] late fee may be assessed if the renewal is more than thirty (30) days late. *Renewal duration and fees shall be determined by each jurisdiction. Please call NBFAA, FARA or your state associationfor sample renewal duration schedules that are used by other jurisdictions similar to yours iggÂ¥iph-9, IEITEf'RE~EMEE!7 (A) An Alarm User shall: (1) obtain an Alarm Registration for the Alarm System as required in Section 3; (2) maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms; (3) make every reasonable effort to have a Responder to the Alarm System's location within [*] minutes when requested by the law enforcement agency in order to: (a) deactivate an Alarm System; (b) provide access to the Alarm Site; and/or (c) provide alternative security for the Alarm Site. * Amount of time to be determined by the local jurisdiction and equal to the time designated in Section 3(D)(6). Please call NBFAA, FARA oryourstateassociationforsample times thatareused by otherjurisdictions similartoyours. (4) not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report. (B) An Alarm User shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer than ten (10) minutes after being activated. (C) An Alarm User shall have a Licensed Alarm Installation Company inspect the Alarm System after two (2) False Alarms in a one (1) year period. The Alarm Administrator may waive a required NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 8 of 20 inspection if it determines that a False Alarm(s) could not have been related to a defect or malfunction in the Alarm System. After four (4) False Alarms within a one (1) year period, the Alarm User must have a Licensed Alarm Installation Company modify the Alarm System to be more false alarm resistant and provide additional user training as appropriate. [See Appendix B for Installers False Alarm Prevention Checklist] (D) An Alarm User shall not use Automatic Voice Dialers. (E) An Alarm User shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System. (F) All Alarm Users shall agree with their Alarm Installation Company and/or Monitoring Company to go through an "acclimation period" for the first seven (7) days after installation of an Alarm System during which time the Alarm Installation Company and/or Monitoring Company will have no obligation to and will not respond to any Alarm Signal from the Alarm Site, excluding Panic, Duress and Holdup signals, and will not make an Alarm Dispatch Request to law enforcement, even if the Alarm Signal is the result of an actual alarm event. (G) This Section applies to all individuals and firms, who have installed and/or monitor their own Alarm System. SECTION 5. DUTIES OF ALARM INSTALLATION COMPANY AND MONITORING COMPANY (A) The Alarm Installation Company shall provide written and oral instructions to each of its Alarm Users in the proper use and operation of their Alarm Systems. Such instructions will specifically include all instructions necessary to turn the Alarm System on and off and to avoid False Alarms. (B) Upon the effective date of this Ordinance, Alarm Installation Companies shall not program Alarm Systems so that they are capable of sending One Plus,puress Alarms. The Alarm Installation Company shall remove the One Plus Duress Alarm feature from Alarm Systems whenever an alarm technician is at the alarm site or otherwise accessing the panel for reprogramming purposes. (C) Upon the effective date of this Ordinance, Alarm Installation Companies shall not install a device to activate a Holdup Alarm, which is a single action, non-recessed button. (D) Upon enactment of this Ordinance, the Alarm Installation Companies shall use only ANSI/SIA CP-01 listed alarm control panels on all new installations and panel replacements or upgrades.. (E) An Alarm Installation or Monitoring Company shall not use Automatic Voice Dialers. (F) After completion of the installation of an Alarm System, an Alarm Installation Company employee shall review with the Alarm User the Customer False Alarm Prevention Checklist (Appendix C) or an equivalent checklist approved by the Alarm Administrator. (G) The Monitoring Company shall not make an Alarm Dispatch Request of a law enforcement agency in response to a burglar alarm signal, excluding Panic, Duress and Holdup signals, during the first seven (7) days following an Alarm System installation. The Alarm Administrator may grant an Alarm User's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption. (H) A Monitoring Company shall: (1) report alarm signals by using telephone numbers designated by the Alarm Administrator; (2) verify every alarm signal, except a Duress or Holdup Alarm activation, before initiating an Alarm Dispatch Request. (See Appendix A - Additional Resource Materials) NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 9 of 20 (3) communicate Alarm Dispatch Requests to the municipality in a manner and form determined by the Alarm Administrator; (4) communicate Cancellations to the municipality in a manner and form determined by the Alarm Administrator; (5) ensure that all Alarm Users of Alarm Systems equipped with a Duress, Holdup or Panic Alarm are given adequate training as to the proper use of the Duress, Holdup or Panic Alarm; (6) communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the Alarm Dispatch Request; (7) communicate nature of alarm (i.e.: burglary, robbery, panic, duress, silent, audible, interior or perimeter); (8) provide an Alarm User registration number when requesting law enforcement dispatch; (9) after an Alarm Dispatch Request, promptly advise the law enforcement agency if the Monitoring Company knows that the Alarm User or the Responder is on the way to the Alarm Site; (10) attempt to contact the Alarm User or Responder within 24 hours via mail, fax, telephone or other electronic means when an Alarm Dispatch Request is made; and (11) upon the effective date of this Ordinance, Monitoring Companies must maintain for a period of at least one (1) year from the date of the Alarm Dispatch Request, records relating to Alarm Dispatch Requests. Records must include the name, address and telephone number of the Alarm User, the Alarm System Zone(s) activated, the time of Alarm Dispatch Request and evidence of an attempt to Verify. The Alarm Administrator may request copies of such records for individually named Alarm Users. If the request is made within sixty (60) days of an Alarm Dispatch Request, the Monitoring Company shall furnish requested records within three (3) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an Alarm Dispatch Request, the Monitoring Company shall furnish the requested records within thirty (30) days of receiving the request. (I) An Alarm Installation Company and/or Monitoring Company that purchases Alarm System accounts from another Person shall notify the Alarm Administrator of such purchase and provide details as may be reasonably requested by the Alarm Administrator. (J) Each Alarm Installing Company and Alarm Monitoring Company must designate one individual as the Alarm Response Manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the Alarm Administrator. The appointed individual must be knowledgeable of the general provisions of the Ordinance, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the alarm administrator. The name, phone number, and email address of the designated ARM must be provided to the Alarm Administrator. (K) An Alarm Installation Company and/or Monitoring Company shall provide the Alarm Administrator with a customer list in a format acceptable to the Alarm Administrator, upon request, to assist the Alarm Administrator with creating the law enforcement's tracking data. This requirement is contingent upon state or local law that protects this customer information as confidential. (L) Alarm Companies shall assist in obtaining the initial Alarm Registration and registration fee from the alarm user and submit it to the Alarm Administrator within ten (10) days of the activation of an alarm system. NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 10 of 20 . . SECTION 5.1 LICENSE OR LICENSING All Alarm Installation Companies and Monitoring Companies shall maintain a License. [See Appendix D for Licensing of Alarm Companies] Note: Delete all references to the term License in this Ordinance ifthere is no such license in your state or jurisdiction. SECTION 6. DUTIES AND AUTHORITY OF THE ALARM ADMINISTRATOR (A) The Alarm Administrator shall: (1) designate a manner, form and telephone numbers for the communication of Alarm Dispatch Requests; and (2) establish a procedure to accept Cancellation of Alarm Dispatch Requests. (B) The Alarm Administrator shall establish a procedure to record such information on Alarm Dispatch Requests necessary to permit the Alarm Administrator to maintain records, including, but not limited to, the information listed below. (1) identification of the registration number for the Alarm Site; (2) identification of the Alarm Site; (3) date and time Alarm Dispatch Request was received, including the name of the Monitoring Company and the Monitoring operator name or number; (4) date and time of law enforcement officer arrival at the Alarm Site; (5) Zone and Zone description, if available; (6) weather conditions; (7) name of Alarm User's representative at Alarm Site, if any; (8) identification of the responsible Alarm Installation Company or Monitoring Company; (9) whether law enforcement officer was unable to locate the address of the Alarm Site; and (10) cause of alarm signal, if known. (C) The Alarm Administrator shall establish a procedure for the notification to the Alarm User of a False Alarm. The notice shall include the following information: (1) the date and time of law enforcement response to the False Alarm; (2) the identification number of the responding law enforcement officer; and (3) a statement urging the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resulting fines. (D) The Alarm Administrator may require a conference with an Alarm User and the Alarm Installation Company and/or Monitoring Company responsible for the repair or monitoring of the Alarm System to review the circumstances of each False Alarm For these purposes, the alarm company must have a designated contact on record with the Alarm Administrator. (See Alarm Response Manager). (E) The Alarm Administrator may create and implement an Alarm User Awareness Class. The Alarm Administrator may request the assistance of Associations, alarm companies and law enforcement NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 11 of 20 .. , agencies in developing and implementing the class. The class shall inform Alarm Users of the problems created by False Alarms and teach Alarm Users how to avoid generating False Alarms. (F) The Alarm Administrator may require an Alarm user to remove a Holdup Alarm device that is a single action, non-recessed button, or have it replaced with an acceptable dual-action or recessed device after the occurrence of a false Holdup Alarm. (G) The Alarm Administrator may require an Alarm User to remove the Duress or Panic Alarm capability from their Alarm System after the occurrence of a false alarm. (H) The Alarm Administrator will make a copy of this Ordinance and/or an Ordinance summary sheet available to the Alarm User. SECTION 7. FINES (A) An Alarm User shall be subject to fines, depending on the number of False Alarms within a 12-month period, based upon the following schedule: (1) False Alarm Fines (See Appendix E - Fines and Fees) (B) In addition, any Person operating an Unregistered Alarm System will be subject to a fine of (See Appendix E - Fines and Fees) for each False Alarm in addition to any other fines. The Alarm Administrator may waive this additional fine for an Unregistered Alarm System if the Alarm User submits an application for Alarm Registration within ten (10) days of notification of such violation. (C) An Alarm User may have the option of attending an Alarm User Awareness Class in lieu of paying one prescribed fine. (D) If Cancellation of an Alarm Dispatch Request occurs prior to law enforcement arriving at the scene, no false alarm will be assessed. (E) The Alarm Installation Company shall be assessed a fine of (See Appendix E - Fines and Fees) if the officer responding to the False Alarm determines that an on-site employee of the Alarm Installation Company directly caused the False Alarm. In this situation, the False Alarm will not be counted against the Alarm User. (F) The Monitoring Company shall be issued a fine of (See Appendix E - Fines and Fees) for each failure to Verify Alarm System signals as specified in Section 5(H)(2). (G) The Alarm Installation Company shall be issued a fine of (See Appendix E - Fines and Fees) if the Alarm Administrator determines that an Alarm Installation Company employee knowingly made a false statement concerning the inspection of an Alarm Site or the performance of an Alarm System. (H) Notice of the right of Appeal under this Ordinance will be included with any fines. SECTION 8. NOTIFICATION The Alarm Administrator shall notify the Alarm User in writing after each False Alarm. The notification shall include: the amount of the fine for the False Alarm, notice that the Alarm User can attend Alarm User Awareness Class to waive a fine, the fact that response will be suspended after the [*] False Alarm, excluding Duress, Holdup and Panic Alarms, and a description of the appeals procedure available to the Alarm User. The Alarm Administrator will notify the Alarm User and the Alarm Installation Company or Monitoring Company in writing [*] days before the alarm response is to be suspended. This notice of suspension will also include the amount of the fine for each False Alarm and a description of the appeals procedure available to the Alarm User and the Alarm Installation Company or Monitoring Company. NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 12 of 20 14 * Number of days shall be determined by each jurisdiction. Piease call NBFAA, FARA or your state association for sample numbers that are used by other jurisdictions similar to yours. ~ECTICi@3Â· SUSPENSION OF RESPONge - (A) The Alarm Administrator may suspend law enforcement response to an Alarm Site by revoking the Alarm Registration if it is determined that: (1) the Alarm User has [*] or more False Alarms in a twelve (12) month period; * Number of False Alarms shall be determined by each jurisdiction. Please call NBFAA, FARA or your state associationfor sample numbers that are used by otherjurisdictions similar to yours. (2) there is a statement of a material fact known to be false in the application for a registration; (3) the Alarm User has failed to make timely payment of a fine assessed under Section 7 or fee assessed under Section 3; or (4) the Alarm User has failed to submit a written certification from an Alarm Installation Company, that complies with the requirements of this article, stating that the Alarm System has been inspected and repaired (if necessary) and/or additional training has been conducted by the Alarm Installation Company. (B) A Person commits an offense if he/she operates an Alarm System during the period in which the alarm registration is revoked and is subject to enforcement and penalties set in Sections 7 and 12. A Monitoring Company commits an offense if it continues Alarm Dispatch Requests to an Alarm Site after notification by the Alarm Administrator that the registration has been revoked and is subject to enforcement and penalties set forth in Section 12. (C) Unless there is separate indication that there is a crime in progress, the Law Enforcement Authority will refuse law enforcement response to an Alarm Dispatch Request at an Alarm Site for which the Alarm Registration is revoked. (D) If the Alarm Registration is reinstated pursuant to Section 11, the Alarm Administrator may again suspend law enforcement response to the Alarm Site by again revoking the Alarm Registration if it is determined that [*] False Alarms have occurred within [*] days after the reinstatement date. * Number of False Alarms and number of days shall be determined by each jurisdiction. Please call NBFAA, FARA or your state associationfor sample numbers that are used by other jurisdictions similar to yours. SECTION 10. APPEALS (A) If the Alarm Administrator assesses a fine or denies the issuance, renewal or reinstatement of an Alarm Registration, the Alarm Administrator shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or Alarm User and the Alarm Installation Company and/or Monitoring Company. (B) The Alarm User, Alarm Installation Company or Monitoring Company may appeal an assessment of a fine or the revocation of an Alarm Registration to the Alarm Administrator by setting forth in writing the reasons for the appeal within fifteen (15) business days after notice of the fine or of revocation. (C) The Alarm User or the Alarm Installation Company or Monitoring Company may appeal the decision of the Alarm Administrator to the Law Enforcement Authority as follows: (1) The applicant, Alarm User, Alarm Installation Company or the Monitoring Company may file a written request for a review by paying an appeal fee of [1/2X* (See Appendix E - Fines and Fees)] and setting forth the reasons for the appeal within NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 13 of 20 1 J . twenty (20) business days after the date of notification of the decision from the Alarm Administrator. Appeal fees will be returned to the appealing Alarm User, Alarm Installation Company or Monitoring Company if the appeal is upheld. (2) The Law Enforcement Authority shall conduct a formal hearing within thirty (30) days of the receipt of the request and consider the evidence by any interested Person(s). The Law Enforcement Authority shall make its decision on the basis of the preponderance of evidence presented at the hearing. The Law Enforcement Authority must render a decision within fifteen (15) days after the date of the hearing. The Law Enforcement Authority shall affirm or reverse the decision of the Alarm Administrator. INote: Your municipal attorney should carefully review the stated appeal process to assure compliance with due processl (D) Filing of a request for appeal shall stay the action by the Alarm Administrator revoking an Alarm Registration or requiring payment of a fine, until the Law Enforcement Authority has completed its review. If a request for appeal is not made within the twenty (20) business day period, the action of the Alarm Administrator is final. (E) Alarm Administrator or Law Enforcement Authority may adjust the count of False Alarms based on: (1) Evidence that a False Alarm was caused by an Act of God; (2) Evidence that a False Alarm was caused by action of the telephone company; (3) Evidence that a False Alarm was caused by a power outage lasting longer thanfour (4) hours; (4) Evidence that the Alarm Dispatch Request was not a False Alarm; (5) Evidence that the law enforcement officer response was not completed in a timely fashion; and/or (6) In determining the number of False Alarms, multiple alarms occurring in any twenty- four (24) hour period shall be counted as one False Alarm; to allow the Alarm User time to take corrective action unless the False Alarms are directly caused by the Alarm User. (F) With respect to fines of an Alarm Installation Company or Monitoring Company the Alarm Administrator or Law Enforcement Authority may take into consideration whether the alarm company had engaged in a consistent pattern of violations. SECTION 11. REINSTATEMENT (A) A Person whose Alarm Registration has been revoked may, at the discretion of the Law Enforcement Authority, have the Alarm Registration reinstated by the Alarm Administrator if the Person: (1) pays a reinstatement fee (See Appendix E - Fines and Fees); (2) pays, or otherwise resolves, all outstanding citations and fines; and (3) provides satisfactory evidence to the Alarm Administrator that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company; and/or that additional training in the proper use of the alarm system was provided by the Alarm Installing Company for all Alarm Users. (B) In addition, the Alarm Administrator may require one or more of the following as a condition to reinstatement: (1) proof that an employee of the Alarm Installation Company or Monitoring Company caused the False Alarm; NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 14 of 20 J .. . (2) a certificate showing that the Alarm User has successfully completed the Alarm User Awareness Class as provided under Section 6(E); (3) upgrade the alarm control panel to meet ANSI/SIA Control Panel Standard CP-01; (4) a written statement from an independent inspector designated by the Law Enforcement Authority that the Alarm System has been inspected and is in good working order; (5) confirmation that all motion detectors are "dual technology" type; (6) confirmation that the Monitoring Company will not make an Alarm Dispatch Request unless the need for law enforcement is confirmed by Audio or Video Verification. (7) confirmation that the Monitoring Company will not make an Alarm Dispatch Request unless the need for law enforcement is confirmed by a Person at the Alarm Site. SECTION 12. ENFORCEMENT AND PENALTIES Enforcement of this Ordinance may be by civil action as provided in [*], under municipal law. * Reference appropriate section ofyour municipal or state penal code. SECTION 13. CONFIDENTIALITY In the interest of public safety, all information contained in and gathered through the Alarm Registration applications, records relating to Alarm Dispatch Requests, and applications for appeals shall be held in confidence by all employees or representatives of the municipality and by any third-party administrator or employees of a third-party administrator with access to such information. SECTION 14. 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 law enforcement 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. SECTION 15. SEVERABILITY The provisions of this Ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any Person or circumstance is invalid, the remaining provisions and the application of those provisions to other Persons or circumstances are not affected by that decision. Ordinances in conflict herewith are hereby repealed to the extent of such conflict. This Ordinance shall take effect immediately. NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 15 of 20 . 4 r. t Appendix A: ADDITIONAL RESOURCE MATERIALS The NBFAA/FARA Model Burglar Alarm Ordinance requires certain elements for which there is additional resource material available to assist you In the development and implementation of your alarm management program. Following is a list of the specific documents available and how to obtain them. Alarm User Reaistration: Sec. 2(E). Sec. 3(A). Sec. 5(K) FARA Universal Alarm User Permit/Reaistration Form Guide: In an effort to standardize forms used throughout North America, FARA has developed a Universal Alarm User Permit/Registration Form, hereinafter referred to as "permit." The reasons for such an undertaking are two-fold; first, it is much easier for new alarm units to develop a permit form that meets their needs if they have something to which to refer or to use in total. Alarm companies will also find it much easier to have only one form to carry, instead of a separate one for each jurisdiction in which they do business. Second, the standardization of permit forms and the information requested will facilitate the electronic filing of permits. Governments across the nation are moving toward paperless offices, where everything from taxes to bicycle registrations are filed on-line in an electronic format. The "wave of the future" for alarm permits will follow suit. The use of standard forms in this arena will greatly assist municipalities, alarm companies and alarm users in the electronic filing of alarm permit forms. (This guide is available free to FARA members. For more information visit FARA's web site at www.faraonline.org.) FARA Model For Electronic Filina of Alarm User Reaistrations: Registration of alarm systems is required under most alarm management programs. As alarm registration programs are being implemented, local government agencies have grappled with a mechanism to easily and efficiently create databases of residential and commercial alarm users with active alarm systems. They have started requesting that alarm companies provide this information to the agencies in an electronic format, absent any type of standard for what information should be provided or in what format. This model provides a recommended protocol for sharing alarm system registration data and proposes standard data file formats for transfer of bulk information between the jurisdictions and the alarm business. It also provides guidance on issues related to "on demand" access to registration/permit information from either alarm businesses or alarm owners on features such as providing permit status changes and updates to information. (This guide is available free to FARA members. For more information visit FARA's web site at www.faraonline.org.) Verification; Sec. 2(BB), Sec. 5(H)(2) Alarm Verification and Notification Procedures (CS-V-01): This standard provides guidelines on verification procedures for burglar, holdup and fire alarm signals, including the use of Enhanced Call Verification and was created to provide for the development of consistent administration criteria for alarms. New technologies and successful efforts to reduce false alarms led to the standard. The intent is to achieve increased efficiencies by reducing costs and eliminating wasteful efforts associated with potential false alarms. The standard was prepared under the direction of the Security Industry Standards Council (SISC) with the participation of Central Station Alarm Association (CSAA), Security Industry Association (SIA), National Burglar and Fire Alarm Association (NBFAA), and Canadian Alarm Association (CANASA) members. (This guide is available free on the CSAA web site at www.csaaul.org.) NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 16 of 20 I .. . D Appendix B: INSTALLER FALSE ALARM PREVENTION PROGRAM CHECKLIST Yes No 1. If a duress feature was installed, I thoroughly explained it and I did not program the system so that the duress code is only one digit different than the normal code. 2. I checked that the control panel has been programmed so that: a. it will not transmit more than one (1) alarm signal from the same zone until manually restored at the premises; b. it will delay at least fifteen seconds before initiating dialing on intrusion alarm signals; c. it has adequate delay time on entry/exit doors (delay of 45 seconds or more is recommended); and d. a cancel code can be entered by the customer to cancel accidental alarms. 3. I checked that police and fire panic buttons cause a siren or speaker to sound and that medical panic buttons cause an audible signal. 4. I checked that the Arming Station(s) emit sound to inform occupants when an entry/exit door sensor has been triggered. 5. I installed and tested standby/backup power. 6. I reviewed the "Customer False Alarm Prevention Checklist" with the customer. 7. I determined whether the customer had special telephone features, such as call waiting, DSL or VoIP, and took appropriate steps to allow proper control panel dialing and monitoring center verification. (Such as *70 for call waiting, etc.) 8. I checked the control panel was properly grounded to the manufacturer's specfications. 9. I checked that all door and window contacts were properly selected, installed and tested. I considered loose fitting doors and windows, whether wide gap contacts were needed, and steel doors and windows. I followed the manufacturer's installation instructions. 10. I checked all glass breakage sensors were properly selected, installed and tested. I gave consideration to pets, on-site noises and the general environment. I followed the manufacturer's installation instructions. 11. All motion type detectors were properly selected, properely installed and tested. I gave consideration to pets, sunlight, other heat sources, and harsh environments. I followed the manufacturer's installation instructions. Please explain if you answered "No" to any of the above items: Installation Technician Printed Name Signature Date NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 17 of 20 . . Appendix C: CUSTOMER FALSE ALARM PREVENTION CHECKLIST Yes No 1. I have been made aware of the applicable alarm Ordinance and I will comply with its requirements. 2. I understand it is my responsibility to prevent false alarms, and I understand it is critical and my responsibility to assure that all users of the system (such as residents, employees, guests, cleaning people, and repair people) are trained on the proper use of the system. 3. I understand that there is a 7-day no dispatch period for intrusion alarms, excluding Panic, Duress and Holdup signals, during which time the alarm company will have no obligation to and will not respond to any alarm signal from an alarm site and will not make an alarm dispatch request to law enforcement, even if the alarm signal is the result of an actual alarm event. 4. I have been trained in the proper operation of the system and have been given an operating sheet summarizing the proper use of the system, as well as the security system operating manual. 5. I know how to turn off motion detectors while leaving other sensors on. (Residential Only) 6. I know how to test the system, including the communication link with the monitoring center. 7. I understand that my entry time is and my exit time is 8. I have the alarm company phone number to request repair service or to ask questions about the alarm system. 9. I know how to cancel an accidental alarm activation and have the system cancellation code or code word. 10. I understand that indoor pets can cause false alarms and I will contact my alarm company to adjust the system if I acquire any additional indoor pets. __ 11. I understand that the main control panel and transformer are located in 12. I have received an alarm sheet, which describes how the alarm company will communicate with me in the event of various alarm signals. 13. I understand the importance of: â€¢ keeping my emergency contact information updated and I know how to do this; â€¢ immediately advising the alarm company if my phone number changes (including area code changes); and â€¢ immediately advising the alarm company of any other changes to my telephone service such as call waiting 'or a fax line. 14. I will advise the alarm company if I do any remodeling (such as painting, moving walls, doors or windows). 15. I understand that certain building defects (such as loose fitting doors or windows, rodents, inadequate power, and roof leaks) can cause false alarms. I will correct these defects as I become aware of them. 16. The alarm company has given me written false alarm prevention techniques to help me prevent false alarms. Comments: ALARM COMPANY CUSTOMER Print Name(s) By: Signature(s) Date NBFAA/FARA Model Burglar Alarm Ordinance - Revised 5-23-06 Page 18 of 20 .... A Appendix E: FINES AND FEES Specific amounts of fines and fees are not listed in the text of this document in order to encourage a dialogue among law enforcement, municipal leaders, alarm users and alarm companies on the appropriate fine or fee to fit the circumstances of your jurisdiction. FARA, NBFAA and your state alarm association can assist you in establishing the appropriate fines and fees for your jurisdiction. Administration of the Ordinance will be simpler if the jurisdiction adopts a uniform period of time (i.e. one year) for the counting of multiple occurrences and the length of the registration period. FINES Fines are one of several tools to discourage false alarms, encourage compliance and hasten the application of corrective actions to avoid false alarms. In general; â€¢ Fines should be directed at the individual or company whose behavior you desire to change, even if fining another would be more efficient or easier (i.e. fine the user if the user caused the false alarm not the alarm company) â€¢ Each fine should be high enough to discourage the behavior that resulted in the fine, but reasonable enough so as to not create an undue hardship on the violator. â€¢ Fines for false alarms should begin after the first false alarm. Allowing a greater number of "free" false alarms will only postpone the resolution of the problem(s) causing the false alarm. However, if there are currently numerous nfree" false alarms it might be advisable to reduce them in increments over period of time until you reach the desired amount. â€¢ Fines that are attached to multiple occurrences of the same act (i.e. multiple false alarms) should escalate after each occurrence. This will further encourage the violator to correct the problem. â€¢ Some jurisdictions only allow cost recovery to be used as the basis for the fine, in other cases additional fines may be allowed. FEES Alarm registration and renewal fees can allow a jurisdiction to recoup some or all of the cost of administering the Ordinance and/or providing response. Some jurisdictions only allow cost recovery to be used as the basis for the fee, in other cases additional fees may be allowed. Decisions Required on Fines and Fees We believe that adopting a consistent ratio of fees and fines will enhance the acceptance of your ordinance and make it more defensible over any objections. We have considered the severity of an offense and the difficulty involved in an action in applying our ratios. As with all other sections of the Ordinance you are encouraged to modify this approach to meet the local needs. In the suggested ratios below "X" is used to represent a number selected by the local jurisdiction. A multiplier is used to establish the ratio. Description Reference Suggested Ratio Example Registration fee 3-B-1 Admin Cost N/A Renewal Fee 3-B-2 Admin Cost NA Late Fee 3.1 16 X $25 Fine - 1St False Alarm 7-A-1 0 $0 Fine - 2nd False Alarm 7-A-1 X $50 Fine - 3'd False Alarm 7-A-1 1.5 X $75 Fine - 4th False Alarm 7-A-1 2X $100 Fine - 5th or more False Alarm (s) 7-A-1 6X $300 Operation of a Unregistered Alarm System 7-B 2X $100 False Alarm Caused By On Site Alarm Company Employee 7-E 2X $100 Monitoring Company Failure to Verify 7-F 2X $100 False Statement by an Alarm Co. 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