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Home My WebLink AboutORD 2424BILL NO. 20 ORDINANCE NO. 2 424 AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, AMENDING CHAPTER 8, ARTICLE 9 OF THE MUNICIPAL CODE PERTAINING TO BURGLARY AND ARLARM SYSTEMS BY DELETING THE PRESENT ARTICLE 9 AND ADDING A NEW ARTICLE REGARDING BURGLARY AND ROBBERY ALARMS SYSTEMS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: SECTION 1; That Chapter 8 Article 9 Sections 1,2,3,4,5,6,7,8,9,10,11, and 12 of the Municipal Code of the City of Caldwell, County - -of Canyon, State of Idaho, be repealed and a new Article 9 be added as follows: 08 -09 -01 Article 9 BURGLARY AND ROBBERY ALARM SYSTEMS SECTION: 08 -09 -01 Burglary Alarm Systems 08 -09 -02 Definitions 08 -09 -03 Silencing Alarm Systems 08 -09 -04 Alarm System Maintenance 08 -09 -05 Maintaining a Public Nuisance Alarm 08 -09 -06 Compliance 08 -09 -07 Prohibited Alarm Systems 08 -09 -08 Violations 08 -09 -09 Penalties 08 -09 -10 Enforcement 08 -09 -11 Severability 08 -09 -12 Disclaimer 08 -09 -01 08 -09 -01 BURGLAR ALARM SYSTEMS: The purpose of this section is to reduce the number of false burglar and robbery alarms, thereby enhancing response time to other critical calls for service. The purpose of this section is not to unduly burden citizens, or businesses who employ alarm systems, but rather to encourage those citizens, and businesses who elect to utilize alarm system services to employ training, education, and internal controls to reduce the incidence of false alarms, and to further encourage the proper maintenance of such alarm systems, thereby reducing waste of City resources, and improving efficiency. 08 -09 -02 DEFIN[TIONS: For the purpose of this section, the following terms, phrases, and words, and derivations thereof, shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory. A. Alarm Agent: A person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to, or summoning another to respond to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, the user shall be considered the alarm agent for the purposes of this section. B. Alarm Officer: The Chief of Police of the City of Caldwell, or his designee. C. Alarm Subscriber: Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system. D. Alarm System: Any mechanical,. electrical or other device which is designed or used for the detection of a trespass, burglary, or robbery within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act. within a building, structure, or facility, or which emits a sound or transmits a signal or message when activated and which is designed to elicit a response from the Police Department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms but are audible, visible or perceptible outside of the protected building, structure or facility are not included with this definition. An, alarm system includes all the necessary • equipment designed and installed'for the detection of a trespass, burglary, robbery or other hazard in a single building, structure, or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility. E. Audible Alarm: A device designed for the detection of unauthorized entry or presence on certain premises which generates an audible sound or signal on such premises when it is activated. F. Automatic Dialing Device: An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a pre- recorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect. G. Emergency: Any condition for:which the alarm was designed and installed, and which results in a response of police personnel. H. False Alarm: An alarm signal, message, transmittal, or communication which is activated from an alarm system and which is responded to by personnel of the Police Department for which no emergency situation exists or existed as determined by the responding police personnel. False alarms shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthquakes, or other extraordinary circumstances determined by the alarm officer to be clearly beyond control of the alarm subscriber. I. Penalty Status: That status achieved by more than (2) false alarms within the calendar year beginning January 1 and ending December 31 St. J. Person: Any individual, partnership,. Association, corporation, or organization of any kind, or any governmental entity or political subdivision thereof. K. Police Department: The Caldwell City Police Department. 08 -09 -03 SILENCING ALARM SYSTEMS: A. Upon notification by the alarm officer or his designee that an alarm system is activated, the alarm subscriber, or the representative or alarm agent of the alarm subscriber, shall immediately proceed to silence the alarm. B. An alarm system may be equipped an automatic shutoff device, which Silence the alarm within fifteen (15) minutes after activation. 0 0 C. The silencing of the alarm shall bt 'dompleted by the alarm subscriber, alarm Agent, alarm company operator, ortheir designee, within fifteen (15) minutes after notification of activation. 08 -09 -04 ALARM SYSTEM MAINTENANCE: A. Each alarm subscriber shall maintain each alarm system in good working Order, and provide the necessary service to prevent malfunctions. B. It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm System which is not in good working order, or has fallen into disrepair, or has Malfunctioned. 08 -09 -05 MAINTAINING A PUBLIC NUISANCE ALARM: A. No person, whether or not an alarm subscriber, shall maintain, operate, use or Attempt to use an alarm system which generates more than two (2) false alarms in a calendar year. B. Any alarm system maintained, operated, used, or attempted to be used in violation of this section shall be deemed a public nuisance. In addition to reimbursement or any other remedy available to the City, the City may impose a penalty fee for each and every false alarm after the two (2) within the calendar year as determined by following the schedule below: Y false alarm within the calendar year ........ .........................$25.00 4' false alarm within the calendar year ........ .........................$50.00 5 false alarm within the calendar, year .. ............................... $75.00 Every successive false alarm over five (5) within the calendar year .... $100.00 C. Where the alarm is deemed a public nuisance as provided in this section, the alarm officer shall provide the alarm subscriber written notice informing the alarm subscriber of the penalty status and the finding of public nuisance. D. Abatement of Nuisance: The City of Caldwell shall reserve all rights and remedies available pursuant to Idaho, Code 50 -1008. E. Review: The alarm subscriber may request the' alarm officer to review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this section is deemed a waiver of any and all rights to appeal. 2. The alarm officer shall review the determination and send the alarm subscriber his findings as to whether the alarm system is a public nuisance in writing to the alarm subscriber by certified mailing within fifteen (15) days. F. Appeal: The alarm subscriber may request a hearing before the City Council after filing a notice for hearing in writing to the City Clerk no later than ten (10) days upon mailing of the alarm officer's finding of public nuisance. Any finding by the City Council is appealable to the District Court of the Third Judicial District provided filing and fees are submitted in accordance to Idaho law. , 08 -09 -06 COMPLIANCE: A. An alarm subscriber who has notice of his/her alarm system being deemed a public nuisance shall be assessed a penalty fee in accordance to 08- 09 -05B. B. An alarm subscriber, who has notice ,of the assessed penalty or for any amount due in reimbursement, shall remit within fifteen (15) days the amount due to the City of Caldwell. 08 -09 -07 PROHIBITED ALARM SYSTEMS: No person shall use or operate an automatic dialing device or any device programmed to initiate and delivor a message or signal to any telephone number belonging to the City of Caldwell. 08 -09 -08 VIOLATIONS: A. It shall be unlawful to operate or maintain any alarm system as herein defined in this section for any purpose other than reporting such trespasses, burglaries, robberies, or other crimes involving potential serious bodily injury or death. , B. It shall be unlawful for any person to operate or use a public safety alarm system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting a trespass, burglary, robbery or other permitted purpose. C. It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use any alarm system as herein defined in this section which malfunctions due to improper installation or operation and that results in the generation of false alarms. 08 -09 -09 PENALTIES: A. Unless otherwise provided, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined or imprisoned in the County Jail in an amount not exceeding that permitted by Iaw. B. Each and every false alarm over three (3) within the calendar year shall be deemed a separate violation. 08 -09 -10 ENFORCEMENT: The conviction or punishment of any person for violation of the provisions of this section shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent the criminal prosecution for violation of any of the provisions of this section. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy provided by law. 08 -09 -11 SEVERABILITY: If any clause, sentence, paragraph, section, or any part of this chapter, shall be declared and adjudged to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this chapter. 08 -09 -12 DISCLAIMER: ,� Nothing in this provision shall be construed as modifying or nullifying Uniform Fire Code. Section 2. All ordinances or parts of Ordinances inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. 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