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Home My Public Portal About010-2000 - General Ordinance - Amends Chapter 120 of the City Code (Alarm Systems)ORDINANCE NO. 10-2000 AN GENERAL ORDINANCE AMENDING CHAPTER 120 OF THE CITY OF RICHMOND CODE WHEREAS, Chapter 120 of the City of Richmond Code regulates burglar, robbery, and fire alarm systems within the City of Richmond; and WHEREAS, said Chapter currently provides that after three (3) false burglar alarms within a six (6) month period, the permit to operate said system shall be revoked; and WHEREAS, it is desirable to amend City of Richmond Code to provide for fines rather than permit revocation upon occurrence of more than three (3) false burglar alarms within a twelve (12) month period and to clarify the language in the ordinance to make it consistent with current procedures. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana that the Table of Contents and the following sections of Chapter 120 of the City of Richmond Code are hereby amended to read as follows except that portions that appear in bold shall appear in normal print and portions that are stricken shall not appear (bold portions represent new additions to Code and stricken portions represent deletions; these are included to facilitate understanding of the changes being made): Burglary and Robbery Alarm Systems Definitions Permit required Permit Application Issuance of Alarm System Permit Testing Equipment Change in Information Log of Alarm Activity Identifications Cards Required Consumer Protection Prohibited Activity Notice of Violations Service of Notice and Contests Penalty Effect of Failure to Appear Fee and Violation Proceeds Procedure for Notification of Fine, Revocation of Alarm Permit, and Reinstatement of Alarm Permit Other Provisions Severability Effective Date Fire Alarm Systems No More Than Three False Alarms in 12 Months Fire Department to Keep Records Penalty 120.02 PERMIT REQUIRED It shall be unlawful for a person in control of property to operate, cause to be operate, or permit the operations of an alarm system on that property unless a current permit has been obtained from the City Clerk, or this designee. Failure to secure a permit within 72 hours of installation will constitute violation of this ordinance. (Ord. 47-1985) 120.03 PERMIT APPLICATION Application for a permit for the operation of an alarm system shall be made by a person or legal entity having control over the property on which the alarm system is to be installed and operated. Such applications shall be made in writing to the City Clerk or his designee on a form designated by the City for that purpose. The application shall include the following information: The name, address and telephone number of each person in control of the property, and who is responsible for the operation, maintenance, and use of the alarm system. (b) The street address of the property on which the alarm system is to be installed and operated. Any business name used for the premises on which the alarm system is to be installed and operated. Any business name used for the premises on which the alarm system is to be installed and operated. The name of the person or alarm system business who will install or monitor the alarm system, and the installation date, as applicable. The name and telephone number of two (2) persons or of an alarm system business, which are able to and have agreed. To receive notification at any time; To come to the alarm site within thirty (30) minutes after receiving a request from the Richmond Police Department to do so; and To grant access to the alarm system components used. The name and model of the alarm system components used. The information in (a) and (c) shall be displayed on the permit itself. 4. 120.04 ISSUANCE OF ALARM SYSTEM PERMIT The City Clerk shall issue an alarm system permit to the person or other legal entity in control of the property upon submission of an application therefore in accordance with this section, unless the City Clerk finds that any statement made in the application was incomplete or false. Should the property in which an alarm system is located change ownership, or should the entity in control of the property change, a new application for a permit must be made. Such permits are not transferable. The fee for an alarm system permit will be ten dollars ($10.00) for the first term of the permit. Such permit may be renewed upon expiration upon a payment of ten ($10.00) dollars for a new term. (c) Immediately after receipt of the application for a permit and payment of the permit fee, the City Clerk shall forward the application to the Police Department. The Police Department shall protect all information on such application as confidential information; provided, however, nothing in this ordinance shall prohibit the use of such information for legitimate law enforcement purposes and for the enforcement of this ordinance. A permit issued pursuant to this chapter shall be valid for two (2) years from the date of issuance. A permit issued pursuant to this chapter shall be personal to the permit holder and is not transferable. A person or legal entity having control of an alarm system at the time this ordinance becomes effective shall have ninety (90) days to obtain a permit as set out herein. (Ord. 47-1985) 5. 120.06 CHANGE IN INFORMATION The permit holder shall promptly notify the City Clerk or his designee in writing of any change in the information contained in the permit application. 120.13 PENALTY Operating an alarm system without a permit It shall be a violation to operate, in the City of Richmond, an alarm system without permit. Upon such citation, the fine shall be One Hundred Dollars ($100.00). False alarms Any permit holder that receives four (4) or more citations for false alarms within a calendar year shall be assessed a fine of Fifty Dollars ($50.00) for the fourth (4th) and each subsequent citation. Any permit holder that receives seven (7) or more citations for false alarms within a calendar year shall be assessed a fine of One Hundred Dollars ($100.00) for the seventh (7th) and each subsequent citation. This shall not preclude revocation of the alarm permit as provided herein. Any fine not paid within fourteen (14) days of the date shown on the Notice of Violation and Fine required under section (120.16(b) shall be increased by a late fee of twenty-five dollars ($25.00). Failure to pay a fine within thirty (30) days of the date shown on the Notice of Violation and Fine required under section 120.16(b) shall result in an enforcement action being filed in Wayne County Court The provisions of this Section shall not apply for the first three (3) months after an alarm system is initially installed. No false alarm violations received during these first three (3) months after an alarm system is initially installed. No false alarm violations received during these first three (3) months shall result in a fine, nor shall they be taken into consideration when tabulating the number of false alarms received in any given period. An alarm triggered by electrical thunderstorms or inclement weather shall not be considered a false alarm. 120.16 PROCEDURE FOR NOTIFICATION OF FINE, REVOCATION OF ALARM PERMIT, AND REINSTATEMENT OF ALARM PERMIT In the event three (3) or more citations or false alarms are issued to any permit holder within a calendar year, the following procedure shall be used for assessing a fine and determining whether the alarm permit for such offending system should be revoked. Upon the third (3rd) citation, the Department of Law shall deliver to the permit holder by first class mail a notice that the permit holder will be subject to a fine of fifty dollars ($50.00) upon the occurrence of each subsequent (4th or more) false alarm within said twelve (12) month period. Upon the fourth (4th) and each subsequent citation within a calendar year, the Department of Law shall deliver to the permit holder by first class mail a Notice of Violation and Fine. Said notice shall contain the following: (1) The number of violations for which the permit holder has received a citation during the current calendar year. The fine being assessed and time frame within which said fine must be paid. Notice that upon the seventh (7th) citation within the current calendar year the permit holder shall be fined One Hundred Dollars ($100.00) for the seventh (7th) and each subsequent citation, and may be subject to revocation of the alarm system permit. A copy of Chapter 120 of the Richmond Code. Upon the seventh (7th) or any subsequent citation within a calendar year, the Department of Law may deliver to the permit holder by personal service or certified mail a Notice of Intent to Revoke Alarm System Permit to the alarm permit holder. When such notice is sent, the Department of Law shall also schedule a hearing before the Richmond Board of Public Works and Safety to determine whether the permit for that alarm system should be revoked. Notice of the hearing date shall be given to the permit holder, along with information that the permit holder may appear at the permit revocation hearing with counsel and witnesses and may present evidence on the permit holder’s behalf. (e d) The Board of Public Works and Safety shall conduct a hearing no less than twenty-one (21) days after notice is sent to the permit holder. The Board of Public Works and Safety shall hold such permit revocation hearing, under oath, and shall consider the evidence presented before it. If the Board finds, by a preponderance of the evidence, that seven (7) or more false alarms have resulted from an alarm system within any calendar year, the permit for that system may be revoked. Notice of the revocation shall be delivered to the system holder by personal service or certified mail and the revocation becomes effective immediately upon such delivery. (d e) An alarm holder whose permit has been revoked may petition the Board of Public Works and Safety for reinstatement of the alarm permit upon a showing that the alarm system has been inspected, repaired and tested. If the Board finds satisfactory evidence that the alarm system has been adequately inspected, repaired, and tested, the Board may reinstate the alarm permit upon the submission of a twenty-five dollar ($25.00) reinstatement fee by the alarm holder. 120.22 PENALTY The fourth and each subsequent false fire alarm within a calendar year shall result in a fine of One Hundred Dollars ($100.00). The provisions of this Section shall not apply for the first three (3) months after an alarm system is initially installed. No false alarm violations received during these first three (3) months shall result in a fine, nor shall they be taken into consideration when tabulating the number of false alarms received in any given period. Passed and adopted this 20th day of March, 2000, by the Common Council for the City of Richmond, Indiana. s/s Larry Parker, President (Larry Parker) ATTEST: s/s Norma Schroeder, City Clerk (Norma Schroeder) PRESENTED to the Mayor of the City of Richmond, Indiana, this 21st day of March, 2000, at 9:00 a.m. s/s Norma Schroeder, City Clerk (Norma Schroeder) APPROVED by me, Dennis Andrews, Mayor of the City of Richmond, Indiana, this 21st day of March, 2000, at 9:05 a.m. s/s Dennis Andrews, Mayor (Dennis Andrews) ATTEST: s/s Norma Schroeder, City Clerk (Norma Schroeder) APPROVED by me, Dennis Andrews, Mayor of the City of Richmond, Indiana, this 21St day of March, 2000, at 9:05 a.m. s/s Dennis Andrews, Mayor (Dennis Andrews) ATTEST: s/s Norma Schroeder, City Clerk (Norma Schroeder)