EXHIBIT A BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BELLEVUE, NEBRASKA.

Size: px

Start display at page:

Download "EXHIBIT A BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BELLEVUE, NEBRASKA."

Emil Dean
5 years ago
Views:

1 EXHIBIT A ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE VI OF CHAPTER OF THE BELLEVUE CITY CODE PERTAINING TO ALARM SYSTEM REGISTRATION REQUIREMENTS INCLUDING WITHOUT LIMITATION INCREASING THE REGISTRATION AND LATE FEES FOR ALARM SYSTEMS INSTALLED ON PROTECTED PREMISES AND INCREASING FALSE ALARM CHARGES TO ENCOURAGE IMPROVEMENT IN THE RELIABILITY OF ALARM SYSTEMS, DEVISES AND SERVICES AND TO ENSURE THAT THE CITY'S POLICE, FIRE AND/OR RESCUE PERSONNEL ARE NOT UNDULY DIVERTED FROM RESPONDING TO ACTUAL CRIMINAL ACTIVITY OR EMERGENCIES IN THEIR RESPONSE EFFORTS; TO PROVIDE FOR THE REPEAL OF SECTIONS - to - AS HERETOFORE EXISTING; TO PROVIDE FOR THIS ORDINANCE TO BE PUBLISHED IN PAMPHLET FORM; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BELLEVUE, NEBRASKA. Section 1. That Section - of the Bellevue Municipal Code is hereby amended to read Sec. -. Definitions. As used in this article, unless the context otherwise requires: Alarm business shall mean any Person (i) who installs Alarm systems, other than a Principal, or (ii) who, pursuant to an agreement with a Principal, communicates the presence of an emergency by an Alarm system sound or signal to the city public safety department communications center ("PSDCC"). Alarm system shall mean any device (other than a device installed upon premises occupied by the city) to detect, deter, prevent, sound, or otherwise signal an intrusion, other criminal activity, fire, rescue, or other emergency situation (collectively "emergency") which, when activated, employs the use of: (1) an Audible annunciator, or () a visual signal or other means to alert the PSDCC of an emergency, whether directly or indirectly. JTB/.

2 Audible annunciator shall mean that part of an Alarm system which when activated sounds or signals an emergency by means of a bell, siren, buzzer or similar sound-producing device which is audible from the Protected premises. Coordinator shall mean the Bellevue City Administrator or the individual or department designated by the City Administrator to perform such duties as are imposed by this article. False alarm shall mean any sound or signal from an Alarm system resulting in a response by the police, fire and/or rescue department when an emergency does not exist. Person shall include and be applied to a firm, partnership, association, corporation, entity, organization or group, as well as to an individual. Principal shall mean the Person, firm, partnership, association, corporation, company, or organization whose premises are to be protected by an Alarm system. If the Protected premises are leased, the Principal shall be the Person in possession or control of the Protected premises, unless more than one (1) tenant is served by a single Alarm system, in which event, "Principal" shall mean the owner or landlord of the Protected premises. Protected premises shall mean the area to be covered by an Alarm system. Section. That Section - of the Bellevue Municipal Code is hereby amended to read Sec. -. Alarm systems; compliance with article. It shall be unlawful for any Person to install, use, or maintain an Alarm system in violation of any of the requirements of this article and any Person doing so shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $0 nor more than $0. Such fines shall be in addition to any other cost that is imposed by the requirements of this article, including, but not limited to, any required cost of application for an Alarm system and/or cost of reimbursement to the city for a False Alarm. Section. That Section -0 of the Bellevue Municipal Code is hereby amended to read Sec. -0. Alarm system registration required. (a) From and after the effective date of this article, any Alarm system installed on Protected premises shall be registered with the Coordinator as set forth below. 1. Existing Alarm systems. No Person shall use or operate any Alarm system on Protected premises located within the corporate boundaries of the city without a current valid alarm system registration therefor. Notwithstanding the JTB/.

3 foregoing, with respect to any property, which has been or may be in the future annexed by the city, Persons have a period of ninety (0) days from the effective date of such annexation to comply with the requirements of this ordinance.. New Alarm systems. Any Alarm business that installs an Alarm system on Protected premises located within the corporate boundaries of the city shall have ten () days from the date of installation to register the Alarm system as required by this article. Renewals of Alarm system registrations shall be made by the Principal in accordance with section -1. Section. That Section -1 of the Bellevue Municipal Code is hereby amended to read Sec. -1. Registration application, fee; termination and renewal. (a) Each application for an Alarm system registration and/or renewal shall be made by the Alarm business or Principal, as applicable, on a form prescribed by the Coordinator. At a minimum, the forms prescribed by the Coordinator for Alarm system registration or renewal shall contain the following information: 1. The name, address and telephone number of the Principal.. The use of the Protected premises (e.g., home, office, variety store, etc.) and the name of any business operating in the Protected premises by which the Protected premises is known.. The address of the Protected premises. If the Protected premises is in a residential, commercial or industrial complex (e.g., office building, apartment house, shopping center, etc.), the address shall include the name, if any, by which the complex is commonly known.. The names, addresses and telephone numbers, including home phone numbers, of at least three () natural Persons and, if applicable, an Alarm business who have access to the Protected premises and who may be notified in the event the Alarm system is activated.. Certification by the Principal that the Principal's immediate family, tenants or employees (as appropriate under the circumstances) who have access to the Protected premises have been given training which include procedures and practices to avoid False alarms and steps to follow in the event the Alarm system is accidentally activated. (b) The Alarm business or Principal, as applicable, shall remit, together with an Alarm system registration and/or annual renewal application, a registration fee to the Coordinator, which shall accompany the registration and/or renewal application. The registration fee shall be twenty-five dollars ($), and a late charge of twenty-five dollars JTB/.

4 ($) shall be assessed against any Alarm business or Principal that fails to pay the registration fee in a timely manner. The Coordinator shall not be obligated to accept any Alarm system registration application, or any renewal thereof, if the Principal has failed to pay any registration fees, any corresponding late charges or any False alarm charges imposed on such Principal as described in section -. (c) Upon receipt of a registration or renewal application from an Alarm business or Principal, as applicable, Coordinator shall register such Alarm system installed on the Protected premises. The Coordinator shall register the Alarm system by issuing to the Principal a registration form bearing the name of the Principal, the address of the Protected premises, and an identification number; and setting forth the expiration date of the registration. The registration of any Alarm system shall not obligate the city or the PSDCC to respond or accord any priority to any emergency. (d) The term of any registration shall automatically expire upon the earlier of (i) twelve (1) calendar months from the date of issuance or (ii) whenever there is a change of the Principal. (e) Registration shall be renewed by the Principal at least ten () days prior to the expiration of each term by registering with the Coordinator in the same manner as provided in paragraph (a) of this section. Section. That Section - of the Bellevue Municipal Code is hereby amended to read Sec. -. Current information, term of registration and renewal. Within ten () days following any change of the circumstances contained in the registration on file, the Principal shall supplant or amend all information which was provided to the Coordinator at the time of registration. No additional fee shall be due unless the change has terminated the registration as provided in paragraph (d)(ii) of section -1. Section. That Section - of the of the Bellevue Municipal Code is hereby amended to read Sec. -. Maintenance of alarm systems. (a) The Principal shall, at all times, be responsible for the proper maintenance and repair of the Alarm system, including the repair or replacement of any component or design feature. (b) Each Alarm system shall be maintained so that each Audible annunciator will automatically silence within fifteen (1) minutes after being activated, and will not be reactivated unless a new emergency occurs. JTB/.

5 (c) An Alarm system incorporating an Audible annunciator shall not be tested between the hours of :00 p.m. of any day and :00 a.m. of the following day. Section. That Section - of the of the Bellevue Municipal Code is hereby amended to read Sec. -. Required information for PSDCC notification. Any Alarm business communicating the presence of an emergency to the PSDCC shall provide the following information: (1) The name of the Principal, the address of the Protected premises, the use of the Protected premises (home, office, etc.) and the business name, if any, by which the Protected premises are known. Such information shall be repeated a second time at the end of the message; and () The name and telephone number of the Principal, the Principal's business or its agent having ready access to the Protected premises; and () The apparent nature and type of emergency indicated, e.g., burglary in progress, robbery, fire, rescue or other emergency. Section. That Section - of the of the Bellevue Municipal Code is hereby amended to read Sec. -. False alarm charges. (a) As a condition of any Alarm system registration issued under the provisions of this article, the Principal shall agree to pay, and where applicable pay, to the city an amount to reimburse the city for its costs for any False alarm(s) generated by the Principal's Alarm system, within thirty () days of invoice by the city therefor, in accordance with the following schedule: Number of False alarm(s) Per Registration Term False alarm Reimbursement Amount One No charge Two $0.00 Three or more $0.00 each. For purposes of this section, a Principal's registration term shall mean the registration period described in accordance with section -1. For purposes of the above described JTB/.

6 reimbursement amount schedule, a False alarm shall not be included if, an activation of the Alarm system was, as determined by the Coordinator, caused by extraordinary circumstances not reasonably subject to control by the Principal or the Principal's immediate family, tenants or employees (as may be appropriate under the circumstances). There is a presumption that a False alarm was reasonably subject to control by the Principal. (b) In addition to the False alarm reimbursement amounts provided in paragraph (a) of this section, the Coordinator may revoke the registration of any Alarm system having over fifteen (1) False alarms within one (1) year or whenever a False alarm charge becomes delinquent. Written notice of the revocation of registration shall be mailed to the Principal. The Principal shall cause the Alarm system to be removed from the Protected premises within fifteen (1) days thereafter, unless the Principal has requested such revocation in accordance with paragraph (d) of this section. (c) Any Principal who has been assessed a False alarm charge may, within ten () days of mailing the invoice assessing such charge, in writing, request the Coordinator to review the assessment. Such request shall mean that the False alarm charge shall not be due until ten () days following a response by the Coordinator. Along with the request for review by the Coordinator, the Principal may communicate factual information to support the assertion that the False alarm charge should not be assessed. The burden of proving that an alarm was not a False alarm shall be on the Principal. The Coordinator shall make a determination in writing within ten () days of such request. (d) Any Principal may appeal the Coordinator's decision regarding the: 1. Withholding of certification required by section -1,. Revocation of registration, or. Upholding of a False alarm charge by filing a written notice requesting a review with the Coordinator within fifteen (1) days after the notice of the Coordinator's decision is mailed. Section. That Section - of the Bellevue Municipal Code is hereby amended to read JTB/.

7 Sec. -. Notices. (a) Notice or billing from the city to any Alarm system registration holder shall be deemed to have been given or rendered on the date such notice or invoice is deposited in the U.S. mail, first class postage, prepaid, addressed to the registration holder at the address shown in the city's registration records. A certificate signed by the Person who mailed the notice or invoice shall be prima facie evidence of the facts stated therein with respect to such notice or invoice. (b) Notice to the city or payment under this article shall be effective when received by the appropriate city office. Section. That Sections - to - of the Bellevue Municipal Code as heretofore existing are hereby repealed in their entirety. Section. This Ordinance shall be published in pamphlet form. Section 1. This Ordinance shall take effect and be in full force from and after its passage, approval and publication. ADOPTED by the Mayor and City Council this day of, 0. ATTEST: Mayor City Clerk APPROVED AS TO FORM: First Reading Second Reading City Attorney Third Reading JTB/.

CITY OF GRETNA, NEBRASKA ORDINANCE 804 AN ORDINANCE CREATING CHAPTER 10 BUSINESS REGULATIONS, ARTICLE 12, ALARM SYSTEMS; TO DEFINE ALARMS; REQUIRING

CITY OF GRETNA, NEBRASKA ORDINANCE 804 AN ORDINANCE CREATING CHAPTER 10 BUSINESS REGULATIONS, ARTICLE 12, ALARM SYSTEMS; TO DEFINE ALARMS; REQUIRING REGISTRATION; FALSE ALARM FEES AND NOTICES: TO RENUMBER