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HomeMy WebLinkAbout85-3-2663293 ORDINANCE NO. 85-3-2663 AN ORDINANCE CREATING CHAPTER 2 1/2, ALARMS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, PROVIDING FOR REGULATIONS FOR INSTALLATION, OPERATION AND MAINTENANCE OF ALARM SYSTEMS AND FIRE PROTECTION SYSTEMS WHEREAS, unreliable alarm systems hamper the Police and Fire Departments of the City of Paducah in the performance of their respective duties, create a public nuisance injurious to the public health, safety and welfare of the community and to the safety of individual policemen and firemen, and WHEREAS, such false alarms require the expenditure of available manpower, thus depriving the remainder of the community of these police and fire services respectively, and reducing said departments' ability to promptly respond to calls for genuine emergencies or services, and WHEREAS, the purpose and intent of this Ordinance is to provide an inducement to alarm users to improve alarm reliability and to minimize false alarms, and secondarily, to defray a portion of the cost involved in responding to false alarms. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sec. 2 1/2-1, Definitions, of the Code of Ordinances of the City, of Paducah, Kentucky, is hereby created to read as follows: For the purpose of this Article, the following words and phrases shall have meanings as described to them in this section: a. Alarm Board Company: The person who has a contract with the City to provide equipment for receiving signals at the Police Department or Fire Department of the City. b. Alarm equipment supplier: Any person who sells, leases or installs automatic alarm systems which transmit alarms upon receipt of a stimulus from a detection apparatus. C. Alarm system: Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the Police Department is expected to respond. d. Alarm user: The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained. e. Automatic'telephone dialing alarm system: Any alarm system which upon being activated automatically transmits by telephone or telephone line to the Paducah Police Department a recorded message or code signal indicating a"need for emergency response. f. Central station alarm system: An alarm system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, and maintained and supervised from a central station other than the Paducah Police Department. g. Direct connect: An alarm system which has the capability of transmitting system signals to and receiving them at the Police Department. h. False alarm: A visual and/or audible signal transmitted by an alarm system which indicates the existence of an emergency situation, when in fact, no such emergency exists, and, shall include any activation of an alarm system by whatever means, but -shall not include alarms resulting from any of the following causes: 1. Criminal activity; 2. Earthquake causing structural damage to protected premises; 3. High winds causing structural damage to protected premises; 4. Flooding of protected premises due to overflow of natural drainage; 5. Lightning causing physical damage to protected premises 294 6. Fire causing structural damage to protected premises verified by the Fire Department; 7. Telephone line malfunction verified in writing to the Police Department by an authorized telephone company supervisor within seven (7) days of the occurrence; 8. Electrical service interruption for a period in excess of four (4) hours verified in writing to the Polite Department by the local .power company manager within seven (7) days of the occurrence. If the alarm, when communicated to the Police Department before an officer is dispatched to investigate, is clearly identified to the department as resulting from authorized entry, authorized system test, or other non -criminal cause through the use of a pre -assigned code number, it.shall not be considered a false alarm. If police units, responding to an alarm and checking the protected premises according to standard departmental operating procedures, to not discover any evidence of unauthorized entry or criminal activity, there shall be a rebuttable presumption that the. -alarm is false. Entries in the Police Department "Daily Log" shall be prima facie evidence of the fact stated therein with regard to alarms and responses. SECTION 2, That Sec. 2 1/2-2, Permits Required, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: a. No person shall install, operate or maintain any automatic telephone dialing or direct connect alarm system without first obtaining a permit from the City and paying all fees required by the Alarm Board Company without first obtaining a permit as required by this section and m6eting all technical requirements and paying the service charges of the City's central station alarm system operator. b. Applications for permits to install, maintain and operate automatic telephone dialing and direct connect alarms shall be filed with the Chief of Police Department on forms supplied by the City and shall be accompanied by an application fee of $10.00. The application shall state the name, address and telephone number of the applicant's property to be serviced by the alarm, the name, address and telephone number of the installer, as well as a description of the system and the location wherein it is proposed to be installed. C. The Chief of Police shall approve such application if he finds that: 1. The use of the alarm service in question will not interfere with the orderly conduct of City business; and 2. The alarm equipment supplier installing the system maintains a service organization capable of promptly and effectively repairing, maintaining and otherwise servicing the alarm system sole or leased by him. SECTION 3. That Sec. 2 1/2-3, Inspection, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: The Police Department shall have the right to inspect any alarm system installed pursuant to this Article both prior to and subsequent to the issuance of a permit therefor, at any reasonable time, to determine whether a permit should be issued, or if issued, whether the alarm system is being used in conformity with the terms of the permit and provisions of this Article. SECTION 4. That Sec. 2 1/2-4, Automatic Telephone Dialing Alarm Systems, of the Code of Ordinances of -the City of Paducah,;Kentucky, is hereby created to read as follows: No person shall install, maintain or operate any automatic telephone dialing alarm system except to such telephone numbers as are designated by the permit issued therefor. Each holder of a permit for an automatic telephone dialing alarm system shall pay to the City, on or before July 1 of each year, a service -fee in the amount of Ten ($10.00) Dollars to reimburse the City for the cost of providing special telephone lines to receive calls from such alarm systems and other expenses of operation relating thereto. The Chief of Police may require all automatic telephone dialing alarm systems to be equipped with equipment capable of sending its signals to the electronic receiving units in the Police Department. 295 SECTION 5. That Sec. 2 1/2-5, Revocation or Suspension of Permit, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: The Chief of Police may revoke or suspend any permit issued pursuant to the provisions of this Article, and may cause an alarm user, whose permit is revoked or suspended, to be disconnected from the authorized alarm. -panel located in the Police Department Communications Center, after giving written notice to the permit holder and an opportunity for the permit holder to be heard, upon a determination that the alarm system covered by the permit has been installed, maintained or operated in violation of any of the provisions of -the Article or of any term or condition of the permit, or for failure to pay any applicable service fee or charge. SECTION 6. That Sec. 2 1/2-6, False Alarm Service Charge, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: An alarm user shall be charged a service charge of Twenty -Five ($25.00) Dollars for each false alarm in excess of six (6) in any three (3) month period transmitted by any alarm system. An automatic telephone dialing alarm system owner or operator shall be charged a service charge of Twenty Five ($25.00) Dollars for each time the system uses a telephone number other than a number designated by the permit. The service charge for the automatic telephone dialing alarm systems shall not be charged the first time it uses an undesignated telephone number. Such service charge shall be remitted to the City by the alarm user upon receipt of a statement for such service charge. SECTION 7. That Sec. 2 1/2-7, Limit of City Liability, of the Code of Ordinances of,the City of Paducah, Kentucky, is hereby created to read as follows: The City assumes no liability for: a. Any defects in the operation of an alarm system. b. For failure or neglect to respond appropriately upon receipt of an alarm. C. For failure or neglect of any person in connection with the installation, operation or maintenance of an alarm system. d. The transmission of alarm signals, pre-recorded alarm messages or the relaying of such signals and messages. SECTION 8. That Sec. 2 1/2-8, Fire Protection Equipment Definitions, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: For the purpose of this Article, the following words and phrases shall have the meanings ascribed to them in this Section: a. False fire alarm: An alarm signal which indicates the existence of an emergency situation, when in fact no such emergency exists, and shall include any alarm signal generated by any fire protection system by whatever means, but shall.not include alarms resulting from any -of the following causes: 1. Fire causing structural damage to protected premises verified by the Fire Department; 2. Earthquake causing structural damage to protected premises; 3. Strong winds causing structural damage to protected premises; 4. Flooding to protected premises due to overflow of natural drainage; 5. Lightning causing physical damage to protected premises; 6. Telephone line malfunction verified in writing to the Fire Department by an authorized telephone company supervisor within seven (7) days of the occurrence; 7. Electrical service interruption of more than four (4) hours verified in writing to the Fire Department by local power company manager within seven (7) days of the occurrence; 8. Plumbing or electrical malfunctions unrelated to the fire protection system. b. Fire alarm user: The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein a fire protection system is maintained. C. Fire protection system: Any fire alarm device or system, or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the Fire Department, or both, that a fire has occurred. SECTION 9. That.Sec. 2 1/2-9, Installation, Operation and Maintenance Standards, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: The installation, operation, maintenance and inspection of any fire protection equipment shall be pursuant to the terms of the Kentucky Building Code, the Kentucky Standards of Safety, in all references therein. SECTION 10. That Sec. 2 1/2-10, False Fire Alarm Service Charge, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: A fire alarm user shall be charged a service charge of One Hundred Fifty ($150.00) Dollars for each false fire alarm if such false alarm is, (a) due to or caused by a lack of required maintenance as specified in Section 9 above; or (b) resulting from any test, repair,, alteration or addition to the fire protection system with prior notification thereof to the Fire Department. For all other false fire alarms, an alarm user shall be charged a service charge of One Hundred Fifty ($150.00) Dollars for each such false fire alarm in excess of one (1) in any three (3) month period. All false fire alarm service charges shall be remitted to the City of Paducah by the alarm user upon receipt of the statement for such service charge. SECTION 11. That Sec. 2 1/2-11, Enunciator, of the Code of Ordinances -of the City of Paducah, Kentucky, is hereby created -to -read as follows: Each alarm system that had an audible enunciator shall be programmed so that it will automatically silence within fifteen (15) minutes after being activated, and will not sound again unless a new act or circumstance triggers a sensor. SECTION 12. That Sec. 2 1/2-12, License, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: The City of Paducah shall grant a license based on competitive bidding to install alarm board in the Police and Fire Departments of the City of Paducah which will be monitored and responded to by the City of Paducah Police and Fire Departments. a. The license granted and the renewal thereof shall be for a term of not more than five (5) years. Renewal may be.granted not more than one (1)year prior to the expiration of any existing term. b. In addition to all other rights and powers of the City, and by virtue of the laws of the Commonwealth of Kentucky, or of the Code of Ordinances of the City, the City may terminate and cancel the licenses and all -rights and privileges of the licensee thereunder in the event that the licensee either: Substantially violates any provisions of the licenses, or of this chapter, or any rule, order, or determination of the Commissioners made pursuant thereto, where such violation shall remain uncured for a period of thirty (30) days subsequent to the receipt by the licensee of written notice of said violation, except for such violation which is not the fault of the licensee. Such determination and cancellation shall be made by the Board of Commissioners after twenty (20) days' notice to the licensee and shall in 297 no way affect any of the City's rights granted under any other provision of SECTION 13. That Sec. 2 1/2-13, Licenses Subject to Certain Provisions, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: Any licenses granted hereunder shall be subject to the right of the City: a. To repeal the same for misuse, non-use, or the failure to comply with the provisions of this chapter or any other local, state or federal laws. b. To require proper and adequate extensions of the service and maintenance thereof at the highest practical standard of efficiency. C. To establish reasonable standards of service and quality of products, and to prevent unjust discrimination in services or rates. d. To oppose such other regulations as may be determined by the Commissioners to be conductive to the safety, welfare, morals and accommodation of the public. e. Through its appropriately designated representative to inspect all construction, relocation or installation work performed subject to the provisions of the bidding instructions and specifications, and make other inspections as it shall find necessary to insure compliance with the terms of . the licenses, this chapter, and -other pertinent provisions of law. f. At the expiration of the term for which this license is granted, or upon determination and cancellation as provided herein, to require the licensee to remove at its own expense, any and all provisions of the monitoring systems from the property of the City of Paducah. g. The licensee shall comply with all provisions in the bidding instructions and specifications for the City of Paducah security and alarm system, and the licensing contract entered into thereunder. SECTION 14. This ordinance shall be read on two separate days and will become effective upon publication of title and a certified summary thereof. JOE VITERISI Mayor Introduced by the Board of Commissioners March 12, 1985 Adopted by the Board of Commissioners March 26, 1985 Recorded by Lenita Smith, City Clerk, March 26, 1985 Published by The Paducah Sun April 1, 1985.