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HomeMy WebLinkAbout4454-01/16/2001 BLACK HAWK COUNTY IOWA:SS 020053 MISC Filed for record APR 4 , 2001 at INDEX IS 4:00 P.M. and recorded in Book 342 MARGIN,S o MISC/ at Page 253 f PROOF COMPARE I ,O. � RECORDER FEE 1-25.00/. CITY OF WATERLOO ATTN: NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4454 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 3%, ALARM SYSTEMS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER iii, ALARM SYSTEMS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 3%, Alarm Systems, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Chapter 3%, Alarm Systems, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : CHAPTER 3%. ALARM SYSTEMS ARTICLE I . IN GENERAL Sec. 32-1. Purpose and definitions. (a) The purpose of this chapter is to provide minimum standards and regulations applicable to burglar and holdup alarm systems and alarm users as defined in this chapter. (b) For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and masculine pronouns include the feminine . The word "shall" is always mandatory and not merely directory. (1) Alarm system means an assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard requiring urgent attention and to which police or alarm agents are expected to respond. In this chapter the term "alarm system" shall include the terms "automatic holdup alarm system" , "burglar alarm systems" , "holdup alarm systems" , and "manual holdup alarm systems" as those terms are hereinafter defined. Alarm systems which monitor temperature, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premise are specifically excluded from the provisions of this chapter. (2) Alarm user means any person on whose premises an alarm system is maintained within the city except for alarm systems on motor vehicles or proprietary systems . If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietary system) the person using such system is an alarm user. Also excluded from this definition and from the coverage of this chapter are persons who use alarm systems to alert or signal 0342 PAGE 253 Ordinance No. 4454 Page 2 persons within the premises in which the alarm system is located, of an attempted unauthorized intrusion or holdup attempt . If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of an alarm system and shall be subject to this chapter. (3) Automatic holdup alarm system means an alarm system in which the signal transmission is initiated by the action of a robber. (4) Burglar alarm system refers to an alarm system signaling an entry or attempted entry into the area protected by the system. (5) City means the City of Waterloo, Iowa. (6) False alarm means the activation of an alarm system through careless use by the owner or lessee of an alarm system or by his employees or agents . Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions . (7) Fiscal year means from July 1 through June 30 of the subsequent year. (8) Holdup alarm system refers to an alarm system signaling a robbery or attempted robbery. (9) Local alarm system refers to a signaling system which when activated causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed. (10) Manual holdup alarm system refers to an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack. (11) Person means any person, firm, partnership, association, corporation, company, or organization of any kind. (12) Police chief means the chief of the police department of the city, or his designated representative . (13) Police or police department means the publicly supported police department of the city, or any authorized agent thereof . (14) Proprietary system means an alarm system sounding and/or recording alarm signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises . If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to a police communication center, a central station modified 0342 PAGE 254 Ordinance No. 4454 Page 3 central station, or answering service, it thereby becomes an "alarm system" as defined in this section. (15) Public safety committee means that group selected from the city council to form that committee . Sec. 314-2 . False alarms. (a) An alarm user will be charged for each false alarm a fee pursuant to the following false alarm charge schedule : False Alarm Fee Schedule Beginning Each Fiscal Year First $50 . 00 Subsequent $75 . 00 Alarm users will only be charged for careless use of the alarms and not for malfunctions due to telephone company repairs or the alarm equipment itself . All alarm users shall be granted two (2) careless use alarms, without a fee schedule charge, during each fiscal year. All careless use alarms after the two (2) nonchargeable alarms shall be subject to the false alarm fee schedule . Further, if an alarm user refuses to respond to the place of business or residence to reset the alarm after officers have responded to that location, the alarm call will be handled as a careless use alarm and the appropriate fee charged. (b) If any alarm user fails to pay a false alarm charge within thirty (30) days of being billed, the police chief may issue written notice by first class mail of his intention to disconnect the alarm user' s alarm from its connection to the police department or of his intention to refuse to authorize response by police department personnel to future alarms from that alarm user' s alarm system. Any false alarm charge, which is more than thirty (30) days delinquent, shall incur interest at the rate of one and a half percent (1W%) per month until paid in full . (c) The alarm user will have the right to appeal the disconnection or refusal to respond by the police department, subsection (b) above . Written notice of the time and place of hearing shall be served on the alarm user by the city clerk by first class mail at least ten (10) days prior to the date set for hearing. (d) At the hearing before the public safety committee, the alarm user or his authorized representative shall have the right to confront and examine witnesses, and to present evidence as to his delinquency. After the hearing, the public safety committee may order disconnection, or may refuse to respond to future alarms from that alarm user' s alarm system or may withdraw the notice if he is satisfied there is no delinquency. (e) Any alarm user whose alarm system has been disconnected or to whose alarm system the police chief has determined no future response will be made pursuant to this section shall have the right, within ten (10) days after receiving notice of said action from the police chief, to file a written appeal by first class mail or hand delivery to the city clerk, and no alarm user shall be 0342 PAGE 255 Ordinance No. 4454 Page 4 required to discontinue use of his alarm system prior to the expiration of such ten-day period. Such appeal shall set forth the specific ground or grounds on which it is based. The public safety committee shall hold a hearing on the appeal and shall cause the appellant to be given at least seven (7) days ' written notice of such hearing. At the hearing the appellant or his designated representative, shall have the right to present written or oral argument, or both, in support of his appeal . The public safety committee shall issue its decision within seven (7) days after the hearing. (f) If an alarm user files an appeal pursuant to paragraph (e) of this section, he shall not be required to discontinue use of the alarm system until a final decision is made on his appeal . (g) Any alarm user whose alarm system has been disconnected from the police communication center is not precluded under this section from applying for a new connection. The police chief, however, is not required to allow a new connection unless past delinquencies have been satisfied, the police chief is satisfied that the applicant will meet the obligations proposed under this chapter in the future, and sufficient board space is available at the police department for the connection. Sec. 31A-3 . Service by mail. Whenever a person, the police chief or any city official or employee is required to make delivery by first class mail, delivery, in lieu thereof, may be by personal delivery as set out in the Iowa Rules of Civil Procedure . Sec. 31A-4 . Judicial review. Nothing herein shall be deemed to deny to any person claiming to be aggrieved by any determination hereunder any applicable judicial remedies provided for by the laws of the State of Iowa, including the right to appeal to district court . Sec. 31A-5 . Penalties for violation. Any violation of this ordinance constitutes a municipal infraction and shall be punishable by the following, including injunctive relief . Each day that the violation continues shall constitute a separate offense . First offense $200 . 00 Second offense $500 . 00 Each subsequent offense $750 . 00 INTRODUCED: January 8, 2001 PASSED 1st CONSIDERATION: January 8, 2001 PASSED 2nd CONSIDERATION: January 16, 2001 PASSED 3rd CONSIDERATION: January 16, 2001 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 16th day of January, 2001, and approved by the Mayor Pro Tem on the 18th day of January, 2001 . 0342 PAGE 256 Ordinance No. 4454 Page 5 ;4/14.1erif4( Harold Getty, Mayor ro Tem ATTEST: Nancy Ecker6 City Clerk CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4454, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 16th day of January, 2001 . Witness my hand and seal of office this 18th day of January, 2001 . &kJ- Nancy Ecker City Clerk 0342 PAGE 257