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HomeMy WebLinkAbout1994-04-25 94-201 ORDINANCECOUNCIL ACTION Date:. 8_8_94 Item No 94—x01 Item/Subject: Burglar and Other Emergency Alarm Systems Responsible Depumeut: Police Department fest year them were over 3,300 burglary or emergency Duma from more than 1,100 businesses and residences in the city of Bangor All but 4 wen false alums. The City hes an ordinance that provide an —-incentive rot to make Was Means, but this only addresses a small part of the problem. Other major problems are: • Eusmace of theme that are mt known until he first false report. Iesdcquate information on the location of the Dann. Iaedequate nomination about hazem s a the location of the Jam. Outdated orlack of infatuation about who to nod"en thea is an slum. no attached slam ordinance addresses these, and other problems. Any person installing an dam _.. would be required to obtain a present. Vital information about the num lecstion, and mortification is counsel on the application. The application also contains a mmmct the Damm owner must sign which obligates the ser mpay the Wen num fees orface the possible revocation of the num permit. The num owner is squired to ams the license annually and update the information with the police department, as necessary. This ordinance addresses a much needed change in the wry the department handles responses to tux J �gg4Department Hud Managers Comments: -r&AWA04w/yxe4VC brAwlp/Un4`U ��adgtC,/ rlQi0 o•I O'Z 5;w15jV 1&kwjhrorAma*,I-6+aque14jga &Vft, U W*&re%l iM%Y�c�,e*/ffr �o�'ike a ,gnW�hr�rO/�t dy�.a/d arindWm a /n ano<� //a IfWL Al %YL Mt , ]) itY Menegv Associate sal /mOdrrggl� tion - Budget Apprand: Finance Dimmer LcgJ APP Wil ' --+••+� re��"iRrp1�rl Vo7r5 OP/ pinn� ®at 55GfjQ. UZ.itY Solicitor aA PM /1 1 `r /S r✓e _ Introduced Fw _Pauage _First Reading �Refemd Pege_J_ Auigned to Councilor CITY OF BANGOR 41Y�Aq� 94-201 As Amended (TITLE) TblHRHCRr Chapter VE. of the Laws& Ordinances of the City of Bangor _.,.. Article 13 - Burglar and Other Emergency Alarm Systems Be U amlairwd by the City Cou air of Ne City ofBonwr. us fY .' THAT Chapter VB of the Laws and Orditunces of the City of Bangor be amended by adding a — new Article 13, as follows: CHAPTER VII- ARTICLE 13 - BURGLAR AND OTHER EMERGENCY ALARM SYSTEMS Sm.1 PURPOSE. The purpose of this Ordinance is he establish regulations that apply m the operation of burglar and emergency alarm systems within the City of Bangor, and to encourage the installation and maintenance of reliable alarm systems, and the responsible use of those alarms. It is a further purpose of this Ordinance b ensure that police officers have current and perlinwlt information about IDamm locations. Nothing in ibis Ordinance creates a duty on the part of the Bangor Police Department, however alarms are given priority subject to available manpower and other calls of higher priority. Sm.2 DEFE9MONS. 2.1. Alarm. Any system or device in which a signal, audible or otherwise, is emitted or transmitted for the purpose of notifying person(s) located off the premises containing the alarm and which elicits a police response, directly m indirectly, as a result of the signal. This term includes alarms installed or mcnimred by an agency which than contacts the Police Department for a response. This term includes burglar or other emergency alarms intended to elicit a police response, as opposed to a medical or fire department response. 2.2. Alarm Responses. A police response to any premise when the activation of an alarm system elicited the response and a criminal act has not occurred. 2.3. Alarm User. The property owner, as contained in City Assessor records, unless a tenant or other person submits or possesses documentation which contains the written consent of the property owner m install or operate the alarm. In such an mum, the 201 Amended tenant or other person wilt be considered the alarm user. 2.4. Hazardous Condhloms. Any object, terrain, barrier, many other item that may create a risk of injury to a person not aware of the hazard. Examples include, but are not limited to the following:; • Any clothesline or cable (such as a dog run, antenna cable, etc.) that is less than six feel, six inches above the ground;. Parches or decks that are known to contain rotted wood or other decaying material. • Barbed wire fences. • Thom bushes. 2.5. Key Holder. The persons) listed on the'Alarm User Permit Application' as "person(s) m be contacted in case of emergency", or the alarm company responsible for the alum service. 2.6. Personal Protection Alarm. An alarm that is designed to summon help when it is activated by the person it is designed to protect. This definition applies only m alarms that are meant to protect persons who are on their own property, and are usually designed be work in conjunction with a premise alarm. This does not apply to personal alarms that are carried while in public areas. 27. Premise Alam. An alam Ihm is designed m protect buildings or other non-movable property. 2.8. Primary Resident. The owner of the property, if raiding an the premises, otherwise the bead of household or spouse residing on the premises. Sec. 3 AU USER PERhHT. 3.1. Within sixty (60) days after the effective date of this Ordinance, every person who has an alarm system slue obtain an alarm user permit for each separate alarm system installed or operated on property within the City of Borger. 3.2. This permit shall be obtained by application be the Bangor Police Department on a form developed by the Chief of Police and approved by the City Council Manicipal Operations committee. 3.3. The permit must be renewed annually upon the anniversary of the original date of issuance. 3.4. Applicants must truthfully provide all information requested on the application form in order for a permit he be issued. No incomplete application will be acted upon. 3.5. permits will expire me year from the date of issuance. Permittees must submit renewal applications not less than tarty (30) days prior m the expiration date b insure the timely issuance of a renewal permit. No renewal permit will be granted unless or out all outstanding alarm response fees are paid in full. 201 Amended . aaa Nil:::: ala 4.1. Alarm user permit applicants shall provide their name, mailing address, alarm location address, termination point, alarm company information (name, address, telephone number), the names and telephone numbers of at least two persons to notify in Ne event of an alarm, and information about any potentially haradmus conditions about the premises. 4.2. Information about the type of alarm protection (premise, personal protection, or both) and alarm systems (motion, infrared, contacts, etc.) may be provided with the application as an aid to the police department, but such inform union is not required. Any such information provided on the police department will be kept confidential pursuant to 16 MSRA sections 611-622 as the same may be amended from time to time. 4.3. Alarm user permit holders shall ensure that all information submitted on an alarm user permit application is kept wrsmt. 4.4. Any changes made many termination point, mailing addms, or list of persons to be notified in the event of an alarm sha0 be reported to the Chief of police or the ' Chiefs designee in writing within out (10) days of any such change. Sm. 5 P1tE7YI9E WD IFICATTON. 5.1. The alarm user permit holder or applicant shall have the street number attached to Ne building in a manner, place, and of material so as to be easily seen from the street. 5.2. Said number shall be placed in a location so that it can be illuminated, if necessary, to ensure rapid location of Ne building by emergency personnel after dark. 5.3. Numbers should be placed near the main entrance of Ne building (if it faces the street), or on Ode right comer of the building that faces the street. 5.4. Numbers should be at least three inches high if the building is located within seventy-five feel of the street. Numbeyrs should be an additional inch higher for each additional twenty-five fen that the building is located from the street. Sec.6 FEE STRUCTURE. 6.1. Alarm Response Fees. The following fee strucmre pertains to all police responses to signed received within each calendar year, January 1 through December 31: #4kAWRO cpSrisaa „ Fee) .. lm3 No Charge 4tog $25.00permsprnse 9 and over $100.00 per response There Ices will be billed semi-annually ad payment by the alum user permit holder is required within thirty (30) days of the billing date. 201 smended as If. I e I.i Yr lb ryl i 7.1. Suspected Illegal Activity. Upon arrival, if an officer finds evidence that illegal activity may have occurred, the officer shall investigate in an attempt in find the extent of the illegal activity and identify the person(s) responsible. As soon as practical, attempts will be made m notify a key holder. If contact is made with a key holder, it will be the key holder's responsibility in make arrangements an secure the premises. If contact cannot be made with a key holder, the officer will make a reasonable effort m.secure the premises prior in departure. 7.2. Premises Appear Secure. If upon inspection an officer determines that the premises appear in be secure and them is no apparent illegal activity, attempts will be made as soon as practical in, cu met a key holder. If contact is made and the kry holder indicates a response is forthcoming, the officer, unless reassigned in an incident of higher priority, will remain at the scene. When the key holder arrives further investigation may be initiated m determine the cause of me alarm. If a key holder cannot respond m as to arrive a the promises within fifteen (15) minutes, the officer will be released from the scene. Sec. 8 VIOLATIONS AND PENALTIES. 8.1. Any alum our that operates an alarm without a permit will be subject to a fine. Upon notification of me existence of an unpermitted alarm, through response to an alarmed premise or otherwise, the Police Department will notify the alarm user in writing that within ten (10) days of the data on said written notification a completed alarm user permit application must be submitted m the Police Department. Failure to fimely, submit such an application will be prima facie evidence that an uapermitted alarm has been operated in the City after the application due dam up to and inclusive of the date of adjudication. Upon a finding by a court that this subsection has been violated, the alarm user shall be subject to a civil fine of $100 for each and every day of unpermitted alarm operation. In addition m the fuse amount, the alarm nice, after said finding by the court, shall be required b pay all outstanding alarm response fees assessed pursuant in Section 6 above. 8.2. Any false armament or misrepresentation of a material fact made by an applicant for the purpose of obtaining an alarm user permit or for renewal, will result in the refusal to issue, or revocation of, a permit, and upon a finding by a Court mat this subsection has been violated, a civil fine of $100. 8.3. Failure In have the promise properly identified will result in the revocation of the alarm user permit. 8.4. Failure to pay an invoice for alarm response fees within thirty (30) days of the billing dam will result in revocation of the alum user permit. 94-201 amended 8.5. Failure to report changes as required by Section 4 above will result in revocation of the alarm user permit 8.6. No alarm shall be installed which has an audible signal with a duration of longer Nan 15 minutes. Upon a finding by a court that this subacute has been violated, the alarm user shall be subject to a civil fine of $10() for each and every occurrence. Any alarm which is activated for longer than one boar of continuous operation may be silenced by the police department using any reasonable means necessary. Sm.9 REVOCATION PROCESS 9.1. Upon the receipt of information that could result in revocation of an Mum User Permit for violation of any of subsections 8.2 through 8.5 above, the police Chief or the Chiefs designee shall conduct an investigation of the alleged violation. The Alarm User Permit Holder Mail be notified within was (7) days of the receipt of information Nat an investigation is being conducted and the general outline of the facts of the violation alleged. 9.2. The investigation shall include interviews with appropriate individuals having infuriation relevant to the alleged violation. The Alarm User Permit Fiedler shall be afford an opportunity to respond m Ne alleged violation by presenting relevant information to the Chief or the Chief's designee. 9.3. The Chief or the Chiefs designee shall =to all conversations conducted during the investlgation and keep copies of all documents pertaining to the investigation. Within 30 days of Ne initial receipt of information concerning the alleged violation, the Chief or Chiefs designee shall issue a written decision containing findings of fact and a determination as to whether revocation of the Alarm User Permit is warranted. Nothing herein prevents the Chief or Me Chief s designee from finding that the alleged violation has been corrected prim to the issuance of the decision, thus resulting in the alarm permit not being revoked. 9.4. The decision of Me Chief or the Chiefs designee will be effective on the date of Me decision and shall coastitme the final agency action of the City. Any farrier appeal must be mken, if at all, pursuant to M.R.Civ. P. SOB. 9.5. When an Alarm User Permit has been revoked pursuant to this Section, the former Alum User Permit Holder shall be subject to this Article with regard to any future use of the alarm ct the premises which were the subject of the revocation process. Additionally, the former Alarm User Permit Holder shall still be liable for any alarm response fasdus the City. fling Address different) Bangor Police Department Alarm Permit Application Form 94-201 Amended rdmrm owyma.warrw„mt Alarm Company maintaining equipment Address Telephone Persons to be contacted in case of erne en at lees[ two). Name Name Address Address Telephone Telephone Name Name Address Address Telephone Telephone Type of Alarm System (This information is not mandatory but is very helpful to the responding police Lm known hasards (clotheslines, cables, rotted or decaying material, barbed wire, thorn bushes, etc.). officers -check all applicable): ❑ Burglary ❑ Robbery 0 Personal Protection ❑ Passive Infrared ❑ Perimeter ❑ Contacts ❑ Mats ❑ Monastic O Microwave ❑ Photoelectric ❑ Other Lm known hasards (clotheslines, cables, rotted or decaying material, barbed wire, thorn bushes, etc.). 94-201 Amended Alarm Termination Point (check all applicable): 13 Direct m Bangor PD ❑ Alarm Company ❑ Local Audible t Response Agreement 1 understand am 1 will be billed for all police responses to alarms during the calendar year as the rate umence set out in Chapter VB, Article 13, of the Laws and Ordinartces of the City of Barium -Burglar ter Emergency Alarm Systems.I agree to pay said feels) within thirty (30) days of the billing dare of or invoice containing said fee(s). I also authorize the police department rouse arty reasonable means necessary to silence an audible tet is activated for longer then one hour of continuous operation. Date _/_/ Additional Information IDN Permit# 94-201 Asipmd to Commgor Cohen April 25, 1994 CITY OF BANGOR (TITLE.) @rbiUU 1CPyAmondrng Chapter VII of the Laws c 01 1. rdi1. 1. nancea of the City of Bangor -- Burglar and Other Emergency Alarm Systems Be U ordaivd by He City Couneii of the CityWBan;pw, ae ARow: THAT Chapter VII of the Laws and Ordinances of the City of Bangor be amended by adding a new Article 13, as follows: CHAPTER VIT ARTICLE 13 - BURGLAR AND OTHER EMERGENCY ALARM SYSTEMS Sec.'1 Purpose. The purpose of this Ordinance is to provide minimum standards for operation of, and regulations applicable to, burglar and emergency alarm systems within the City of Bangor. It is a further purpose of this Ordinance to ensure that current information is available to police officers responding to alarms. Nothing herein creates a duty on the part of the Bangor Police Department, however alarms are given priority subject to available manpower and other priority calls. Sec. Y Definitions. 2.1 Alarm. Any system or device in which a signal, audible or otherwise, is emitted or transmitted for the purpose of notifying person(s) located offthepremises containing the alarm and which elicits a police response, directly or indirectly, as a result of the signal. This term includes alarms installed or monitored by an agency which then contacts the Police Department for a response. This term includes burglar or other emergency alarms intended to elicit a police response, as opposed to a medical or fire Department response. 2.2 Alarm User. The property owner, as contained in City Assessor records, unless d tenant or other person submits or possesses documentation which contains the written consent of the property owner to install or operate the - - - - - alarm. In such an instance, the tenant or other person will be considered the alarm user. 94-201 2.3 False Alarm. An alarm signal eliciting a response by police when a situation requiring response by the police does not in fact exist. This does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to the control of the alarm user. Extraordinary circumstances are determined in the sole discretion of the Chief of Police or the Chief's designee. 2.4 Rev Holder. The person(s) listed on the "Alarm User Permit Application" a "person(s) to be contacted in case of emergency", r the alarm company responsible for the alarm service. 2.5 Primary Resident. The owner of the property, if residing on the premises, other- _ _ wise the head of household or spouse residing on the premises. Sec. 3 Alarm User Permit. Within sixty (60) days after the effective date of this Ordinance, very Person who has a alarm system shall obtain a alarm user permit for each separate alarm system installed or operated on property within the City of Bangor. This permit shall be obtained by application to the Bangor Police Department on a form developed and approved by the Chief of Police. The permit must be renewed annually upon the anniversary of the original date of issuance. Applicants must truthfully provide all information requested on the application form, together with the appropriate fee, in order for a permit to be issued. No incomplete application or application submitted without the appropriate fee will be acted upon. Permits and fees are not proratable and every issued permit will expire one year from the date of issuance. Permittees must submit renewal applications not less than thirty (30) days prior to the expiration date to insure the timely issuance of a renewal permit. No renewal permit will be granted unless or until all outstanding false alarm fees are paid in full. Sec. 4 Application Information. Alarm user permit holders shall ensure that all information submitted on an alarm user permit application is kept current. Any changes made to any alarm system equipment, termination point, mailing address, or list of persons to be notified in the event of an alarm shall be reported to the Chief of Police or the Chief's designee in writing within ten (10) days of any such change. Sec. 5 Premise Identification. The alarm user permit holder or applicant shall have the street number attached to the building in a menner, place and of material so aa s to be easily seen from the street. Said number shall be placed in a location so that it can be 94-201 illuminated, if necessary, to ensure rapid location of the building by emergency personnel after dark. The determination of what constitutes asily seen from the street-, is to be made at the sole discretion of the Chief of Police or the Chief's designee. Sec. 6 Fee Structure. 6.1 Application Fee. The following fees must be paid for a permit: a. Commercial Premise: $20.00 new permit $10.00 annual renewal - b. Residential Premise: $10.00 new permit $ 5.00 annual renewal This fee is payable in advance upon application for a new or renewal permit. The primary resident of an alarmed residential premise who is sixty-five years of age or older shall be exempt from the application fee. Premises owned or leased by the City of Bangor and used for municipal purposes are exempt from the application fee. 6.2 False Alarm Fees. The following fee structure pertains to false alarms received within each calendar year, January 1 through December 31: 1 to 3 NO CHARGE 4 to 5 $ 25.00 per response 6 to 30 $ 50.00 per response 11 and over $100.00 per response These fees will be billed upon occurrence and payment by the alarm user permit holder is required within thirty (30) days of the billing date. Sec. 7 Premise Inspection Subsequent to Alarm. 7.1 Legitimate Alarm. Upon arrival, if an officer finds evidence that illegal activity may have occurred, the officer shall investigate in an attempt to find the extent of the illegal activity and identify the person(s) responsible. As soon as practical, attempts will be made to notify a key holder. If contact is made with a key holder, it will be the key holder's responsibility to make arrangements to secure the Premises. If contact cannot be made with a key holder, the officer will make a reasonable effort to secure the premises prior to departure. 7.2 False Alarm. If upon inspection an officer determines that an alarm appears to be false, attempts will be made a soon as practical to contact a key holder. ifcontact is made and the key holder indicates a response is forthcoming, the officer, unless reassigned to an incident of higher priority, will remain at the scene. when the key holder arrives further investigation may be initiated to determine the use of the alarm. if a key holder cannot respond so as to arrive at the premises-withinfifteen (15) minutes, the officer will be released from the scene. Sec. 8 Violations and Penalties. 8.1 Any alarm user that operates an alarm without a permit will be subject to a fine. Upon notification of the existence of an unpermitted alarm, through response to an alarmed premise or otherwise, the Police Department will notify the alarm user in writing that within ten (30) days of the date on said written notification a completed alarm user permit application and fee must be submitted to the Police Department. Failure to timely submit such an application will be prima facie evidence that an unpermitted alarm has been operated in the City after the application due date up to and inclusive of the date of adjudication. a^ne alarm user will be subject to a civil fine of $100 for each and every day of unpermitted alarm operation. 8.2 Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining analarm user permit or for renewal, will result in the refusal to issue, or revocation of, a permit, and a civil fine of $100 0.3 Failure to have the premise properly identified will result in the revocation of the .alarm user permit. 8.4 Failure to pay an invoice for false alarm fees within thirty (30) days of the billing date will result in revocation of the alarm user permit. 8.5 Failure to report changes as required by Section 4 above will result in revocation of the alarm user permit. In City Council April 25, 1994 First Reading Referred to Municipal operations Ulry Cleim IN CITY COUNCIL Passed as Amended by Substitution Vote: ] yes, 1 No, 1 Absent Councilors Voting yes: Cohen, Popper, Shubert, Soucy, Stone, Sullivan d Tyler. Councilor Voting NO: Baldaccl Councilor Absent: Blanchette g= CLEM 94-201 ORDINANCE Amending Chapter VII of the Team and ( TITLE,) ominenoes of the City of Bangor Burglar and Other Ener9ency Alarm stem 94-201 Namet Address t Mailing Address; (i£ different) Telephonet Alarm Company Maintaining Equipment: Address: Telephone; Persons to be contacted in case of emergency (List at least two): Name: Name Address; Address: Telephone; Telephonet Name: Name; Address • Address t Telephonst Telephone; Type of Alarm System (check all applicable)% ( ) Burglary ( ) Robbery ( ) Passive infrared ( ) Perimeter ( ) Contacts ( ) Mats ( ) Ultrasonic ( ) Microwave ( ) Photoelectric ( ) Other (specify) 94-201 List known hazards (poisons, explosives, open stairwells, etc.): Alarm termination point (check all applicable): ) Renewal $ 10.00 Residential - ( ) Direct to Bangor PD ( ) Alarm Company ( ) Local audible I understand that I will be billed for false alarms during the calendar year at the rate per occurrence set out in Chapter 4, Article 14, of the Laws and Ordinances of the City of Bangor - Burglar and Other imtergency Alarm Systems. I agree to pay said fee(s) within thirty (30) days of the billing date of any bill or invoice containing said fee(s). Signature of Applicant Date Pee, Business - ( ) Original $20.00 ( ) Renewal $ 10.00 Residential - ( ) Original $10.00 ( ) Renewal $ 5.00 Exampt - ( ) 65 or older ( ) Occupied by City ID # Permit #