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Outdated orlack of infatuation about who to nod"en thea is an slum.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
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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 #