ORDINANCE
NO. 96-1
THE BOARD OF COUNTY COMMISSIONERS
OF
THE COUNTY OF BOULDER, COLORADO
AN
ORDINANCE PERTAINING TO THE
REGULATION
OF FALSE ALARMS IN THE
UNINCORPORATED
TERRITORY OF BOULDER COUNTY
WHEREAS,
section 30-15-401(1)(o.5), C.R.S., authorizes a board of county commissioners
to adopt ordinances which control and regulate alarm systems which transmit
information to law enforcement or other public safety officials located within
the county; and
WHEREAS,
response to false alarms consumes many hours of valuable law enforcement time
and resources, reduces the mental preparedness of officers responding to
alarms in the event that an actual emergency exists, and presents significant
health, safety and welfare hazards to the citizens of Boulder County. Those
who utilize faulty alarm systems which repeatedly generate false alarms that
necessitate law enforcement response are misusing available law enforcement
resources; and
WHEREAS,
it is the intent of the Board of County Commissioners that this ordinance be
enforced particularly against those who are chronic offenders, that first time
offenses be dealt with in a way that educates the citizen as to the problem
caused by false alarms, and with a warning that chronic abuse will result in
the penalties described in Section 4 of this Ordinance; and
WHEREAS,
the Board of County Commissioners finds that the adoption of a false alarm
ordinance is in the best interest of the public health, safety, and welfare of
the citizens of Boulder County; now, therefore,
BE
IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF
THE COUNTY OF BOULDER AS FOLLOWS:
Section
1.
This ordinance shall be known as and be referred to as the "Boulder
County False Alarm Code".
Section
2.
Definitions.
(A)
As used in this ordinance, such words and phrases shall have the
following meanings:
(1)
ALARM BUSINESS means the business, by an individual, partnership,
corporation or other entity, of selling, leasing, servicing, repairing,
altering, replacing, moving, installing or Monitoring an Alarm System in an
Alarm Site.
(2)
ALARM DISPATCH REQUEST means a notification to the law enforcement
authority by the Alarm Business that an alarm, either manual or automatic, has
been activated at a particular Alarm Site.
(3)
ALARM SITE means a single premises or location served by an Alarm
System or systems. Each tenancy, if served by a separate Alarm System in a
multi-tenant building or complex shall be considered a separate Alarm Site.
(4)
ALARM SYSTEM means any device designed for the detection of
unauthorized entry on or into any building, place or premises, or for alerting
others of the commission of an unlawful act, or both, and when activated
causes an audible and/or visual signal or transmits a signal or message to
which law enforcement officers are expected to respond or which would imply to
a reasonable person that law enforcement officers are needed at the alarm
source to investigate a criminal activity or emergency.
(5)
ALARM USER means any person, firm, partnership, company, association,
corporation or owner, tenant or lessee or their authorized agent or
representative of premises on which an alarm is installed, maintained or
utilized.
(6)
FALSE ALARM means the activation of an Alarm System resulting in a
response by the Boulder County Sheriff's Department to the building, place or
premises on which the Alarm System is located when the responding deputy finds
no evidence of a criminal offense or attempted criminal offense after having
completed a timely investigation of the Alarm Site. An Alarm Dispatch Request
which is cancelled by the Alarm Business or the Alarm User prior to the time
the responding deputy reaches the Alarm Site shall not be considered a False
Alarm.
(7)
MONITORING means the process by which an Alarm Business receives
signals from Alarm Systems and relays an Alarm Dispatch Request to the Boulder
Regional Communications Center for the purpose of summoning law enforcement
response to the Alarm Site.
Section 3.
Violation.
Each
False Alarm is a violation of this Ordinance.
Section
4.
Penalty Assessment Procedure and Penalty.
(A)
Any Alarm User who violates any of the provisions of this ordinance
commits a class 2 Petty Offense. Except when otherwise prohibited herein, the
penalty assessment procedure provided in section 16-2-201, C.R.S. may be
followed by the arresting officer for any such violation of this ordinance.
(B)
The penalty schedule set forth in Subsection (C) below shall apply
whether the violator is issued a penalty assessment notice or a summons and
complaint. If the penalty assessment procedure is not used, and the alleged
offender is found guilty, court costs may be assessed in addition to the fine.
(C)
The penalties for violating this ordinance shall be as follows:
(1) First False Alarm ............$100.00
(2) Second False Alarm in a twelve month
period........................$200.0
(3) Third False Alarm in a twelve month
period..................$300.00
(4) Any subsequent False Alarm in a twelve month period is subject to the
maximum fine allowed pursuant to C.R.S. 30-15-402, as amended.
(D)
In
addition to the penalties prescribed above, persons convicted of
violation of
this ordinance are subject to a surcharge
authorized pursuant to C.R.S. 30-15-402(2).
Section
5. Disposition of Fines
and Forfeitures.
All
fines and forfeitures for the violation of this ordinance shall be paid into
the treasury of Boulder County.
Section
6. Interpretation.
This
ordinance shall be so interpreted and construed as to effectuate its general
purpose to conform to State law. Section headings and cross references of this
ordinance shall not be deemed to govern, limit, modify or affect in any manner
the scope, meaning or extent of the provisions of this ordinance or any
section thereof.
Section
7. Application.
This
ordinance shall apply to every Alarm Site within the unincorporated territory
of Boulder County, of which the County of Boulder has jurisdiction and
authority to regulate.
Section
8. Severability.
If
any section, clause, sentence or part of this ordinance is adjudged by any
court of competent jurisdiction to be invalid, such invalidity shall not
affect, impair or invalidate the other provisions of this ordinance which can
be given effect without such invalid provision.
Section
9. Effective Date.
This
ordinance shall be effective thirty days after publication after adoption on
second reading.
INTRODUCED,
READ AND ADOPTED ON FIRST READING on April 4, 1996,
and
ordered published in the LONGMONT TIMES CALL.
THE
BOARD OF COMMISSIONERS OF THE COUNTY OF BOULDER, COLORADO
Ronald
K. Stewart, Chair
ADOPTED
ON SECOND AND FINAL READING on April 25, 1996.
THE
BOARD OF COMMISSIONERS OF THE COUNTY OF BOULDER, COLORADO
Ronald
K.Stewart, Chair
Boulder
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