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HomeMy WebLinkAboutORD1015ORDINANCE NO.1015 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY ADDING A NEW CHAPTER 16,SECURITY ALARM SYSTEMS; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY WHEREAS,the Mayor and City Council have received a report from the Public Safety Department on false alarms responses conducted by sworn police officers for the calendar years 1994,1995,1996 and 1997;and WHEREAS,the report indicates an increase in such responses;and WHEREAS,allocating personnel to treat alarm incidents as priorities is an economic cost to the City;and WHEREAS,Arizona Revised Statutes Annotated ("A.R.S.")§9-276(A)(16) empowers cities and their governing bodies to define nuisances,and to impose fines upon persons creating and continuing nuisances;and WHEREAS,the Mayor and City Council deem it to be a public nuisance for a person to permit more than five (5)false alarms in a 365 -day year to occur;and WHEREAS,the Mayor and City Council find i t necessary to control or discourage false alarms within the city so that all available police resources can be maximized to protect the peace,safety and morals of the public. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AS FOLLOWS: SECTION I .AMENDMENT OF CODE That the Apache Junction City Code is hereby amended by adding a new Chapter 16 Security Alarm Systems to read as follows: ORDINANCE NO.1015 PAGE 1 OF 10 ARTICLE 16-1 SECURITY ALARM SYSTEMS 16-1-1 Legislative Intent 16-1-2 Definitions 16-1-3 Alarm User Permit Required 16-1-4 Prohibition of Automatic Dialing Devices 16-1-5 False Alarms;Nuisance Declared Administrative Penalties;Permit Revocation 16-1-6 General Regulations 16-1-7 Appeal Procedures 16-1-8 Penalty Section 16-1-1 Legislative Intent This Article is intended to regulate the activities and responsibilities of those persons who purchase,lease,or rent and those persons who own or conduct the business of selling,leasing,renting,installing, servicing,maintaining,or monitoring alarm systems,devices,or services.I t is further intended to encourage the improvement in reliability of those systems,devices,and services and to insure that Police Department personnel will not be unduly diverted from responding to actual criminal activity as a result of responding to false alarms. This Article specifically encompasses burglar alarms,robbery/holdup alarms,panic alarms,fire alarms and medical assistance alarms both audible and inaudible (silent).The provisions of this Article shall not apply to alarm systems owned by the City when said systems are utilized on premises owned or operated by the City.The provisions of this Article shall not apply to audible alarms affixed to automobiles, unless such vehicle alarms are affixed to a central monitoring system. Section 16-1-2 Definitions Except where otherwise indicated by the context,the following definitions shall apply in the interpretations and enforcement of this Article: "Act of Nature"means an unusual,extraordinary,sudden and unexpected manifestation of the forces of nature,which cannot be prevented by reasonable human care,skill or foresight. ORDINANCE NO.1015 PAGE 2 OF 10 "Warm or alarm system"means any mechanical or electrical device(s) which is used to detect unauthorized entry into buildings or onto premises or to warn or alert others of an emergency or of the commission of an unlawful act within buildings or on premises or perimeter of premises. "Alarm Agent"means any person who is self-employed or employed by an alarm business,either directly or indirectly,whose duties include any of the following:selling,maintaining,servicing,or repairing any alarm or alarm system in or on any building,place or premises.Any person whose duties consist solely of resetting an alarm following activation shall not be deemed to be an alarm agent. "Alarm Business"means the business by an individual,partnership, corporation,or other entity of selling,leasing,maintaining, servicing,repairing,altering,replacing,moving,installing,or monitoring an alarm or alarm system in or on any building,structure or facility. "Alarm User"means any person,firm,partnership,corporation,or business leasing,renting,purchasing or using any monitored or proprietor alarm,alarm system,device or service. "Audible Alarm"means a device designed for the detection of an unauthorized entry of premises and which,when activated,generates an audible sound on the premises. "Automatic Dialing Device"means a device which is interconnected to a telephone line,cellular telephone service or radio link and is programmed to select a predetermined telephone number and transmit an emergency message indicating a need for emergency response either by voice methods or coded signals or by maintaining an open line with emergency services. "Coordinator"means the Chief of Police of the Apache Junction Police Department or the individual designed by the Chief of Police to enforce the provisions of this Article. "Days"means calendar days based on a three hundred sixty-five (365)day year. ORDINANCE NO.1015 PAGE 3 OF 10 "false Holdup Alarm"means any signal which indicates a robbery or holdup but is not the result of a robbery or holdup. "Monitored Alarm"means a device designed for the detection of an unauthorized entry into premises and which,when activated,generates an inaudible signal to a monitoring station.A monitored alarm may also generate an audible sound on the premises. Notice,Notify,Notification"means writing evidencing pertinent information by means of first class,prepaid certified mail,return receipt requested.Notice is considered issued on date i t is placed in the United States Postal Service mail. "Person"means any individual,partnership,corporation or other entity. "Proprietor Alarm"means any alarm or alarm system which is not leased or rented from or owned or maintained under contract by an alarm business. "Robbery/Panic Alarm or Alarm System"means any mechanical or electrical device designed so that a person may intentionally activate it to summon police assistance or medical assistance. Section 16-1-3 Alarm User Permit Required A.Every alarm user shall obtain an alarm user permit from the City of Apache Junction for each alarm system.Such a permit shall be obtained within ninety (90)days from the effective date of this Article or prior to the use of an alarm system which is installed subsequent to the expiration of ninety (90)days from the effective date of this Article.The application for an alarm user's permit shall be made on a form approved by the Coordinator and shall be accompanied by a ten dollar ($10)permit fee. Items on the form shall include,among other things, personal,business and alarm information,as well as the names of three responsible parties and their telephone numbers.Provided,however,all alarm systems that have been installed prior to the expiration of thirty (30)days from the effective date of the Article shall not be charged the ten dollar ($10)permit fee if application for a permit ORDINANCE NO.1015 PAGE 4 OF 10 is made within thirty (30)days from the effective date of this Article.Permits are not transferable from one user to another or from one address to another.Permits are valid for three hundred sixty-five (365)days from the date of issuance.No renewal fee will be charged i f the annual permit is renewed before the annual expiration date. B.The Coordinator shall mail an alarm user permit verification form to an alarm user permit holder once every year,requiring the alarm permit holder to complete the form and return i t to the Coordinator to verify that the alarm system is still in use and the permit information is current. Section 16-1-4 Prohibition of Automatic Dialing Devices No person shall use or cause to be used any automatic dialing device that: A.Automatically selects a public safety or emergency services telephone line of the Apache Junction Police Department. B.Prevents termination of a call by public safety or emergency services personnel. C.Is programmed for transmission directly to any public safety facility. Within sixty (60)days after the effective date of this Article all prohibited Automatic Dialing Devices described in the above paragraph shall be disconnected. Section 16-1-5 False Alarms:Nuisance Declared; Administrative Penalties and Permit Revocation A.Nuisance Declared.The permitting of five (5)or more false alarms in a 365 -day period shall constitute a public nuisance,punishable under this Chapter. ORDINANCE NO.1015 PAGE 5 OF 10 B.Grace Period 1.Newly leased,rented,purchased and/or monitored alarms or alarm systems shall not be subject to provisions of the Article relating to the counting and assessment of false alarms for a period of thirty (30) days from the date the alarm or alarm system becomes operational. 2.The grace period provided in subsection (A)(1)of this section shall apply only i f the alarm user notifies the Coordinator in writing within ten (10)days of the completion of installation or reinstallation.The written notice shall specify the date the system was installed or reinstalled.For reinstalled alarm systems,the notice shall also describe the nature and extent of the reinstallation. C.Police Review of False Alarms 1.Any alarm system which has five (5)or more false alarms within the permit year shall be subject to assessment as provided herein.I f the Police Department records five (5)or more false alarms within the permit year: a.The Coordinator shall notify the alarm user of such fact and direct that a report be submitted to the Coordinator within ten (10)days from the date of such notice.The report shall contain a description of the action taken or to be taken to discover and eliminate the cause of the false alarm:and specific defenses,if any, why the alleged false alarms should not be considered false alarms.Evidence that a false alarm was caused by an act of nature,common cause or action of the telephone company shall constitute affirmative defenses to an assessment for a false alarm. ORDINANCE NO.1015 PAGE 6 OF 10 b.I f the report above is not timely received by the Coordinator,any notified party shall be deemed to have waived the right to any further review or hearing as provided herein and the alarm user operating the alarm system generating the false alarms will be assessed pursuant to subparagraph (e). c.I f the report required by subparagraph (1)(a) is submitted,the Coordinator shall review the corrective action taken or to be taken to discover and eliminate the cause of the false alarms and the specific defenses,i f any,set forth in the report.I f i t is determined that the corrective action taken or to be taken will substantially reduce the likelihood of false alarms or that a valid defense to the initial determination of false alarm has been accepted, the Coordinator will send a notice within thirty (30)days that no assessment will be made at that time.The notice shall specifically set forth the conclusions of the Coordinator with respect to the review of the report submitted. d.I f the Coordinator determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms or that a defense to the initial determination of false alarms has not been alleged or accepted,a notice shall be sent to the alarm user that the alarm user will be assessed a false alarm assessment pursuant to subparagraph (e).The notice of decision shall contain the specific findings and conclusions of the Coordinator. e.An alarm user shall be assessed Eighty-four and 21/100 Dollars ($84.21)for each false alarm in which the Police Department responds to pursuant to this Article;the alarm user will ORDINANCE NO.1015 PAGE 7 OF 10 not,however,be assessed this amount for the first four (4)false alarms. f.I f the alarm user fails to pay the assessment within the time provided after receipt of written notification from the Coordinator as provided in this section,the Coordinator may summarily revoke the alarm user permit. g.An alarm user whose permit has been revoked shall be furnished written notification of such revocation and shall within three (3)days after the issuance of such written notification discontinue the use of the alarm system with respect to which a permit has been revoked. h.An alarm user whose alarm user permit has been revoked may have i t reinstated by paying all overdue assessments,submit a corrective report detailing the corrective action taken with proof of inspection for malfunctions,and pay a twenty-five dollar ($25)reinstatement fee. Section 16-1-6 General Regulations A.I t shall be unlawful for any person to intentionally activate any alarm or alarm system for any reason other than to warn of an actual emergency.This section shall not apply to the testing of alarms or alarm systems when the testing has been done in accordance with the prescribed guidelines set by the Police Department and when the Police Department has been given advance notice of such testing. B.No alarm user shall allow an audible alarm to sound in excess of fifteen (15)minutes. C.In addition to any other remedy provided by law,the Chief of Police may,whenever he or she shall have knowledge of the use of any device or attachment not operated or maintained in accordance with the provisions of this ORDINANCE NO.1015 PAGE 8 OF 10 Article,order the deactivation of such device or attachment until such requirements are met. Section 16-1-7 Appeal Procedures A.A party may appeal any decision made by the Coordinator under this Article to a hearing officer so designated by the City Manager by filing such appeal with the City Clerk's Office.The request for an appeal shall set forth the specific objections to the decision of the Coordinator. The hearing officer shall set a time and place for the hearing within ten (10)days of receipt of such appeal. B.The decision of the hearing officer shall be based upon the evidence presented.I f the hearing officer affirms the decision of the Coordinator,the imposed assessment and/or permit revocation shall remain in effect.I f the hearing officer overrules the decision of the Coordinator,in whole or part,no assessment shall be imposed,and the permit shall immediately be reinstated. C.The decision of the hearing officer is final.The losing party may initiate the appropriate action in Pinal County Superior Court. Section 16-1-8 Penalty Violation of this Article is a class 1 misdemeanor and is punishable in accordance with Article 1-8-A of this Code.Revocation of a permit shall not be a defense against prosecution. Conviction under this Chapter shall not relieve such person from paying the permit fee or false alarm fees which have been assessed.The City may also pursue all violations of this Chapter civilly. Any unpaid amounts assessed pursuant to this Chapter shall also be deemed a civil debt to the City,and shall be collected by the City through the civil process,in a court of competent jurisdiction.All remedies shall be cumulative and the use of one or more remedies shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. ORDINANCE NO.1015 PAGE 9 OF 10 SECTION II.REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 21ST DAY OF APRIL ,1998. SIGNED AND ATTESTED TO THIS 21ST DAY OF APRIL 1 ,1998. DOUGLAS GOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: .0 *---4---8-98 R.JOEL STERN City Attorney ORDINANCE NO.1015 PAGE 10 OF 10