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Home My Public Portal About2010_09_28_O021 - False Alarm Fees Ordinance 001The Town of Leesburg, `Iirginia ORDINANCE NO. 2010-0-021 PRESENTED September 28 2010 ADOPTED September 28.2010 AN ORDINANCE: ADDING SECTION 8-4 (FALSE ALARMS) OF ARTICLE I (IN GENERAL) OF CHAPTER 8 (BUILDINGS AND BUILDING REGULATION) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED, AND TO AMEND APPENDIX B (FEE SCHEDULE) TO INCORPORATE FINES AND FEES FOR FALSE ALARMS The Town Counci] of Leesburg, Virginia, ordains: SECTION 1. That [he Town Code of Leesburg, Virginia, is hereby amended by adding a section, to be numbered 8-4, which said section reads as follows: Section 8-4. False Alarms. The Town of Leesburg shall adopt the Loudoun County's False Alarm Ordinance Chapter 655, Codified Ordinances of Loudoun Counri as amended and incorporate by reference in its entirety and made a Dart hereof as if fully set out in this Code except that Town police officers shall respond to alarms within [he Town. The Loudoun Counri Sheriff s Office shall administer the Town's False Alarm Reduction Proeram and is named as the enforcement agent. The Loudoun Counri Sherriff shall exercise the administration and enforcement of the program pursuant to a Memorandum of Understandin¢ entered into between the Town and Sheriff of Loudoun Counri, which is adopted by reference and which may be amended by the Town Managr in the discretion of the Town Manager SECTION II. That Appendix B (Fee Schedule) is hereby amended as follows: Section 8-4. Fines and Fees for False Alarms suspended 30 00 -2- AN ORDINANCE: ADDING SECTION 8-4 (FALSE ALARMS) OF ARTICLE I (IN GENERAL) OF CHAPTER 8 (BUILDINGS AND BUILDING REGULATION) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED, AND TO AMEND APPENDIX B (FEE SCHEDULE) TO INCORPORATE FINES AND FEES FOR FALSE ALARMS (31 Filine Fee for False Alarm Appeal: $ 100 00 (4) Fines FALSE ALARM RESPONSE FINES FALSE ALARM SIGNAL OCCURRENCE FALSE ALARM RESPONSE FINE RESIDENTIAL COMMERCIAL l~' $ 0.00 $ 0.00 2" 0.00 0.00 3` 100.00 100.00 4 150.00 200.00 5 200.00 300.00 6' 250.00 400.00 7` 300.00 500.00 8` 350.00 600.00 9' 400.00 700.00 !0 500.00 800.00 11 600.00 900.00 12 700.00 1,000.00 13 800.00 1,250.00 14' 900.00 1,500.00 15 1,000.00 each 1,750.00 16 2,000.00 17 2,500.00 18' 3,000.00 19' 3,500.00 20 4,000.00 each All alarm users must either nav a false alarm response fine as set forth in the followine tables, or appeal the false alarm for each false alarm from the user's alarm system over [wo in a calendaz -3- AN ORDINANCE: ADDING SECTION 8-4 (FALSE ALARMS) OF ARTICLE I (IN GENERAL) OF CHAPTER 8 (BUILDINGS AND BUILDING REGULATION) OF THE TOWN CODE OF LEESBURG, ~ VIRGINIA, 2009, AS AMENDED, AND TO AMEND APPENDIX B (FEE SCHEDULE) TO INCORPORATE FINES AND FEES FOR FALSE ALARMS (51 An additional fine of one hundred dollazs ($100.001 applies to [he first response and each subseouent response to a false alarm from an alarm svstem whose registration has ex fired. (61 Fine for alarm installation comoanv knowingly making a false statement concerning the inspection of an alarm site or the performance of an alarm system if determined by Alarm Administrator. $200 00 SECTION II. This Ordinance shall become effective upon the date and a[ [he time of its final passage. SECTION III. If any provision of this ordinance is declared invalid, the decision shall no[ affect [he validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 28th day of September, 2010. t ~ ~/ ~{ C. Um tattd, Mayor Town of Leesburg ATTEST: Clerk of ou i Memorandum of Understanding Between the Sheriff of Loudoun County and the Town of Leesburg, VA For [he Development, Management, and Operation Of a False Alarm Reduction Program Purpose and Background This Memorandum of Understanding ("MOU") is entered into by the Sheriff of Loudoun County ("Sheriff') and the Town of Leesburg, Virginia ('Town") for the purpose of developing and then managing the day-to-day operations of a False Alarm Reduction Program ("FARP") for the Town. The Town desires to encourage alarm users and alarm service providers to properly use and maintain the operaTional effectiveness of alarm systems in order to improve the reliahiliry of those systems and io reduce or eliminate false alarms. Recognizing the positive achievements of FARPs around the country and locally in Loudoun County, the Town will adopt an Ordinance that will be the basis of its FARP. The Town elects, through this MOU, to have the Sheriffs False Alarm Reduction Unit ("FARO") develop and manage the Town's FARP. The Town's False Alarm Ordinance will both establish a FARP and allow the Sheriff to act on the Town's behalf pursuant to this MOU. Ordinance The Town agrees to adopt an ordinance that will predominantly conform to all of the provisions of Loudoun Counq/s alarm ordinance and its appendices. The Town further agrees to coordinate and update its alarm ordinance to reflect any future changes that are made to the County's alarm ordinance as long as this MOU is in effect. The Town may not add to or change its alarm ordinance without first advising the Sheriff in writing of any proposed changes and receiving a written response back from [he Sheriff agreeing to any changes. However, in the event the Town decides to administer its own FARP after the execution of this MOU, or decides [o discontinue a FARP, the Town may cancel this MOU with 30 days written notice to the Sheriff. Process The Sheriff will develop and maintain a database of alarm users of both residential and commercial occupancies that are physically located within the Leesburg town limits. The database, a part of the CryWOIf alarm management software, will be built through the registration requirement of the alarm ordinance. It will be maintained and handled as a separate and <omDlete process from the SheriWs database. Additionally, a database of registered alarm service providers will be developed and maintained as set forth in the ordinance. The Sheriff's FARU will 6e responsible for the day-to- dayoperations ofthe Town's FARP. In the event the Town decides to administer its own FARP aFter the execution of this MOU, or decides to discontinue a FARP, the Sheriff shall provide the Town with any and all information contained within the database described above within two (2) weeks of being informed by the Town of such decision. Training and Public Education In addition to the training associated with the Crywolf software, the Sheriff's FARO will provide program awareness training for members of the Town's police department and dispatch personnel. The Sheriff's FARU will work with the Town's police department to promote the FARP to the public. The Town shall be free to disseminate Information via its website, press releases, social networking sites, and any and all communication vehicles which the Town maintains. Fees and Fines The fees and fines resulting from the enforcement of the Town's FARP will he collected by the Sheriff's FARO as part of the day-to-day operations. An accounting of these funds will 6e maintained, and regular deposits will be made in a timely basis into a bank account designated by the Town. Delinquent fines and fees will 6e turned over to the Town for collection. "Delinquent" shall be defined as those fines assessed which are 60 days past due. The parties will make every effort to commence the enforcement of fines and fees within 4 months of the Town's enactment of its False Alarm Ordinance. Appeals As set forth in the County's Ordinance, an appeal process and procedure has been established which will be used to adjudicate all appeals from alarm users of the Town. The Sheriff's Office alarm administrator will investigate and rule on all appeals. Such rulings are subject to review by the Major of the Administrative and Technical Services section of the Sheriff's Office. Administrative Fee and Additional Program Casts In consideration of the services provided by the Sheriff's FARO to establish, maintain, and manage the Town's FARP, 25% of the fees and foes colleRed through administrative and/or enforcement provisions of the alarm ordinance will be payable to the County. Additionally, any costs associated with the start-up of the Town's FARP, software license requirements, fees, training costs, printed materials beyond what the SherifYs FARP utilizesj, professional fees or memberships shall be borne by the Town. These additional costs will be billed directly to and paid by the Town to toudoun County. The fee for administrative services of the FARP will be calculated by the Sheriff and billed to the Town on a quarterly basis. Because the revenue stream generated by an FARP is predictably a decreasing resource proportioned with the success of the program; periodic review of the administrative fee will be conducted by the SherifYs Office to ensure adequate compensation is being received to cover services rendered. Effective Date By agreement hetween both the Sheriff and the Town, this MOU shall become effective on the date of the last signature hereto and shall remain in effect until suspended or cancelled by either party, with 30 days written notice. The cancellation or suspension of this MOU shall become effective upon receipt of the written notice. This MOU may 6e amended at any time by mutual consent of the parties. Sheriff of Loudoun Counry„VA ~,/ Bv: ~ ~ - l Stephen O impsor% Sher Date: Town of Leesburg, VA By: 1 Wells, Town Manager D te: q 130 is