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HomeMy WebLinkAboutORDINANCE 10-76a ORDINANCE NO.10-76 AN ORDINANCE AMENDING CHAPTERS 9.100 AND 9.102 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO ALARM SYSTEMS,INCLUDING FIRE AND BURGULAR ALARM DEVICES;REQUIRING PERMITS FOR THE SAME; PROVIDING FOR THE SUSPENSION OR REVOCATION OF SUCH PERMITS;AND ESTABLISHING REGULA TIONS REGARDING THE CONNECTION OF SAID ALARM SYSTEMS TO THE FIRE AND POLICE DEPART MENTS OR OTHER TOWN TERMINALS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Chapter 9.100 of the Municipal Code of the Town of Estes Park,Colorado,is hereby amended by adding there to the following: 9.100.025 False alarm.“False alarm”means any alarm signal originating from a police or fire alarm device or audi ble alarm device to which the police or fire department responds and which results from: 1.False activation --including reporting a robbery where no actual or attempted robbery has occurred,or reporting a burglar alarm where there is no evidence to substantiate an attempted or forced entry to the premises. 2.Alarm malfunction ——including a mechanical or electrical failure. 3.Alarm triggered by permittee’s negligence. 4.Trouble condition ——electrical failure or tele phone company malfunction. Section 2.Sections 9.102.030,9.102.040,9.102.050, 9.102.060,9.102.090 and 9.102.100 are hereby amended to read as follows: 9.102.030 Permit application and investigation.Ap plication for permits to engage in any or all of the activi ties set forth in section 9.102.020 shall be made in the form to be determined by the town administrator.Upon the filing ‘C,a of an application for a permit in compliance with this title, the chief of police and fire chief shall make such investiga tions as they deem necessary to satisfy the requirements herein set forth,and report such findings to the town admin istrator.If the town administrator finds that the issuance of a permit to allow the installing,servicing,maintaining, repairing,replacing,moving or removing of any fire or bur glar alarm device will not be detrimental or injurious to the public welfare,he shall issue the permit.In making such finding,the town administrator shall consider whether or not the applicant and the proposed alarm device can comply with the provisions of this title.It must be determined by the town administrator that all applicants for permits to engage in,manage,conduct or carry on a business of installing,ser vicing,maintaining,repairing,replacing,moving or removing fire or burglar alarm devices are of good character and of good business repute;have not been convicted of theft,embez zlement or any felony or misdemeanor involving robbery,bur— garlary,dishonesty,fraud or the buying or receiving of stolen property,and do not employ persons who have beem sim ilarly convicted;or,if the applicant is a corporation,that its officers,directors and principal stockholders meet like requirements.To assist the chief of police and fire chief in their investigation of persons applying for a permit to en gage in,manage,conduct or carry on a business as described above,the applicant and his employees shall furnish the chief of police or fire chief the following information and records: 1.Name and description of applicant and all em ployees; 2.Address,legal and local (if any)and telephone number; 3.Fingerprints and photograph of the applicant, to be taken by the chief of police or a member of the police —2— Q department of the town,at the discretion of the chief of police; 4.A sworn statement as to whether or not the ap plicant or applicant’s employees have been convicted of a crime,felony or misdemeanor,the nature of the offense and the punishment assessed therefor; 5.A description of the activities proposed to be undertaken by the applicant if the application is granted, and a description of all equipment to be used by the appli cant in undertaking those activities; 6.A statement setting forth the experience,if any,of applicant with respect to the activities proposed to be undertaken;and 7.Such other information as may be reasonably re quired by the town administrator to carry out the purposes hereof. If the town administrator finds that the issuance of a per mit to engage in,manage,conduct or carry on a business of installing,servicing,maintaining,repairing,replacing, moving or removing fire or burglar alarm devices will not be detrimental or injurious to the public welfare,he shall issue the permit. 9.102.040 Permit fee.There shall be no fee for a permit to allow the installing,servicing,maintaining,re pairing,replacing,moving or removing of any fire or burglar alarm device.The fee for a permit to engage in,manage,con duct or carry on a business of installing,servicing,maintain ing,repairing,replacing,moving or removing fire or burglar alarm devices shall be ten dollars for each year or portion of the year the permit is in effect.The annual fee for such a permit granted in a previous year shall be due and payable on or before January 31 of each succeeding year in which the per mit is to be effective.Upon such payment,said permit shall be renewed if there have been no violations of the provisions of this title with respect to said permit. —3— 0 9.102.050 Revocation of permit--Hearing.A permit granted pursuant to this title may be revoked by the town ad ministrator for violation of any provision of this title and of rules and regulations in implementation thereof.The re vocation shall be effective on the fifteenth day after a no tice of such revocation is placed in the United States mail, with adequate postage thereon,addressed to the permittee at the address shown on the permit being revoked,unless the per— mitee has filed with the town clerk within said fifteen days a written appeal of the revocation addressed to the board of trustees.The board of trustees shall consider the appeal at the next regular meeting of the board of trustees following the filing of such appeal as herein provided.If the revo cation is approved,such revocation shall be effective on the date the board of trustees approves the revocation. 9.102.060 Administration and regulation.The pro visions of this title shall be administered and enforced by the chief of police and fire chief.They are authorized to make inspections of the fire or burglar alarm device and of the premises whereon said device is located;provided that such inspections are consistent with the provisions of this code regulating inspections.The chief of police and fire chief shall have the power to make and enforce such rules and regulations as may in their discretion be necessary to imple ment the provisions of this title in addition to such rules and regulations as may be provided elsewhere in this code.Such rules and regulations shall be effective on the fifteenth day after a notice of such rules and regulations is placed in the United States mail,with adequate postage thereon,addressed to all holders of valid permits,issued in accordance with the pro visions of this chapter,unless a permittee has filed with the town clerk a written objection to such rules and regulations addressed to the board of trustees.The board of trustees —4— a.,a shall consider the objections at a hearing to be held at the next regular meeting of the board of trustees following the filing of such objections as herein provided.Such rules and regulations approved by the board of trustees shall be effec tive on the date of their approval. 9.102.090 False alarm charges and penalties therefor. The permittee and the occupant of the premises wherein a fire or burglar alarm device is installed shall be subject to the following charges and penalties for all false alarms from said device which exceed three in any calendar year: Fourth false alarm $25.00 Fifth false alarm 50.00 Sixth false alarm 100.00 Seventh false alarm —Discontinuance of the use of the alarm device for the balance of the calendar year upon order of the town administrator. All false alarm charges shall be paid to the town within twenty days from the date of billing by the town.The town shall no tify such permittee and occupant of each false alarm by a writ ten notice thereof addressed to the permittee at the address shown on the permit applicable to said premises.The permittee and occupant shall have fifteen days from the date such notice is placed in the United States mail,with adequate postage there on,within which to file with the town clerk a written request addressed to the board of trustees requesting that it determine that the permittee and occupant are not responsible for such false alarm and that the alarm should not be considered a false alarm under the provisions of this section.The board of trus tees shall consider the request at the next regular meeting of the board of trustees following the filing of said request.If the board of trustees determines that said permittee and occu pant are not responsible for the false alarm,the alarm shall —5— a not be considered a false alarm under the provisions of this section. 9.102.100 Notice of name of serviceman and occupant. Every person maintaining an audible or silent fire or burglar alarm device shall furnish to the police and fire department the name and telephone number of the 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 person upon its activation;together with the name and telephone number of the occupant of the premises and at least one alternate person and telephone number. Section 3.The board of trustees of the town of Estes Park,Colorado,herewith finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for regulation of alarm systems affects the public peace,health and safety;and where as,in the opinion of the board of trustees,an emergency exists,this ordinance shall take effect and be in force after its final passage,adoption and the approval and signature of the mayor. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS 24th DAY OF F€Thriiarv ,1976. (SEAL) TOWN OF A PARK,COLORADO —6—