Ordinance - 1999 - 339 - Amend Title 5/False Alarms - 03/25/1999ORDINANCE NO. 339
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO,
AMENDING TITLE 5 "POLICE REGULATIONS"; CREATING A NEW CHAPTER
6 "ALARM SYSTEMS," PROVIDING FOR SHORT TITLE AND PURPOSES;
DEFINITIONS; ALLOCATION OF REVENUES; AUTOMATIC DIALING DEVICE
RESTRICTIONS; ALARM PROCEDURES AND REGULATIONS; INTENTIONAL
FALSIFICATION PROHIBITED; FALSE ALARM, SPECIAL SERVICE FEE;
ENFORCEMENT AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Ada County, Idaho, is a municipal corporation
formed under the laws of the State of Idaho, and has the power to make such ordinances
not inconsistent with the laws of the State of Idaho to maintain the peace, health, safety
and welfare of the City. Idaho Code 50-302.
WHEREAS, the Mayor and Council wish to address the use of alarm systems in
the City of Eagle;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1:
That Title 5, Chapter 6, Eagle City Code, shall be created as follows:
5-6-1: Short Title and Purpose
5-6-2: Definitions
5-6-3: Allocation of Revenues
5-6-4: Automatic Dialing Devices Restrictions
5-6-5: Alarm Procedures and Regulations
5-6-6: Intentional Falsifications Prohibited
5-6-7: False Alarm, Service Fee
5-6-8: Enforcement and Penalties
5-6-1: SHORT TITLE AND PURPOSES: This Chapter shall be known and
cited as the City of Eagle Alarm Ordinance. The purpose of this Chapter is to protect
the law enforcement and emergency services of the City of Eagle from misuse.
5-6-2: DEFINITIONS: All words and phrases used in this Chapter, the
definitions of which are not herein given, shall be given their ordinary, commonly
understood and accepted meaning.
ALARM SYSTEM: Any assembly of equipment, mechanical or electrical,
arranged to signal the occurrence and illegal entry or other
activity requiring urgent attention, and to which law
enforcement officers are expected to respond, provided
this Chapter is not applicable to audible alarms affixed to
motor vehicles, nor to fire alarm systems.
Page 1
ALARM USER: Any person, firm, partnership, association, corporation,
company or organization of any kind in control of any
residence, building, structure or facility wherein an alarm
system is installed.
AUDIBLE ALARM: Any device designed for the detection of an unauthorized
entry on the premises, and which, when activated,
generates an audible sound on the premises.
AUTOMATIC
DIALING DEVICE: Any device which is interconnected to a telephone line and
is programmed to select a predetermined telephone
number, and transmit by voice, message, or code signal,
an emergency message indicated a need for emergency
response.
FALSE ALARM: Any alarm signal eliciting a response by a law
enforcement agency when a situation requiring such
response does not, in fact, exist, but does not include an
alarm signal caused by violent conditions of nature, or
other extraordinary circumstances not reasonably subject
to control by the alarm user.
INTERCONNECT: Any connection to an alarm system including an automatic
dialing device to a telephone line, either directly or
through a mechanical device that utilizes a telephone line
to transmit a message upon the activation of the alarm
system.
PRIMARY TRUNK
LINE: A telephone line connected to the Ada County Law
Enforcement Building housing the Sheriff's Department,
Boise Police Department and Ada County Jail, or to any
law enforcement agency designated to receive emergency
calls.
SHERIFF: The Sheriff of Ada County, Idaho or his designated
representative.
5-6-3: ALLOCATION OF REVENUES: All service fees collected pursuant to
this Chapter shall be paid to the Eagle City Clerk/Treasurer.
5-6-4: AUTOMATIC DIALING DEVICE RESTRICTIONS: It is unlawful
for any person to program an automatic dealing device to a primary truck line; and it is
unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing
device which is programmed to select a primary trunk line within twelve (12) hours of
receipt of written notice that it is so programmed.
A. It is unlawful for any person to program an automatic dialing device to
select any telephone line assigned to any law enforcement agencies of
Page 2
Ada County or the municipalities adopting this Chapter; and it is
unlawful for an alarm user to fail to disconnect or reprogram such device
within twelve (12) hours of receipt of written notice that it is so
programmed.
B. Within thirty (30) days after the effective date of this Chapter, all
existing automatic dialing devices programmed to select a primary trunk
line shall be reprogrammed or disconnected.
C. It is unlawful for any person to program an automatic dialing device to
select any telephone line assigned to any law enforcement agencies of
Ada County or the municipalities adopting this Chapter; and it is
unlawful for an alarm user to fail to disconnect or reprogram such device
within twelve (12) hours of receive of written notice that an automatic
dialing device is so programmed.
5-6-5: ALARM PROCEDURES AND REGULATIONS:
A. It shall be unlawful for any person to install or maintain any audible
alarm system, which creates a sound similar to that of a civil defense
warning system.
B. Every person maintaining an alarm system shall provide to the Ada
County 911 Communications Center at the Ada County Sheriff's
Department, 7200 Barrister Dr. Boise, Idaho 83704, information
containing the names and telephone numbers of persons to be notified in
order to render repairs or service the premises during any hour of the
day or night that the alarm system is actuated within fifteen (15) days of
installation of the alarm system.
C. Every person maintaining an alarm system shall make readily visible
either on or immediately adjacent to the exterior of the device emitting
the alarm, the name and telephone number of the responsible party to be
notified in order to render repairs and service and secure the premises
during any hour of the day or night that the alarm system is activated.
D. Every audible alarm system shall have a timing device, which
automatically shuts off the alarm within thirty (30) minutes after it has
been activated.
E. It shall be unlawful for an alarm user or his representative to fail to
respond to the alarm location within sixty (60) minutes after being
requested to do so by a representative of the Sheriff s office or the
responding law enforcement agency. Such person responding to the
alarm location shall take whatever action necessary to secure the
property from further intrusion, or take whatever action is necessary to
render service to the alarm or to provide response by another person who
is able to render the necessary action after the responding law
enforcement agency has rendered the area safe from possible entry by an
intruder. Unless specifically requested, the law enforcement agency
Page 3
responding shall be under no obligation to remain at the location of the
alarm for a period in excess of fifteen (15) minutes while waiting for the
responding party to arrive unless illegal entry has occurred.
5-6-6: INTENTIONAL FALSIFICATION PROHIBITED: It shall be
unlawful for any person to activate an alarm system for the purpose of summoning
police except in the even of what is reasonably believed to be an unauthorized entry on
the premises for the purposes of carrying out a robbery or burglary therein.
5-6-7: FALSE ALARM, SPECIAL SERVICE FEE:
A. An alarm user whose alarm has elicited two (2) responses within one
calendar year, which were subsequently shown to be false, will be
assessed a service fee for each additional false alarm that occurs within
that period of time.
B. If two (2) false alarms within one calendar year are received from any
alarm system:
1. The Sheriff shall notify the alarm user by certified mail of such
fact.
2. The Sheriff will advise the alarm user that any additional false
alarms within the calendar year will result in the assessment of a
service fee for each additional false alarm that has been
responded to, as determined by the following fee schedule below:
Third false alarm within the calendar year $25.00
Fourth false alarm within the calendar year 50.00
Fifth false alarm within the calendar year 75.00
Every successive false alarm over five (5)
Within the calendar year 100.00
C. A fifteen (15) day grace period will be extended to all alarm users after
the initial installation of an alarm system. The official recording of false
alarms will not commence until after the expiration of the fifteen (15)
day grace period.
D. To avoid burdening the judicial system with false alarm violations and
for the convenience of the public, each person receiving a notice of
assessment of a service fee under this Chapter shall:
1. Within seventy two (72) hours of the date the notice was sent,
pay to the City Clerk, in full satisfaction the so stated service fee
assessment.
2. Within ten (10) days from the date the notice of assessment was
sent, if the service fee has not been paid within the seventy two
(72) hours prescribed above, pay to the City Clerk an additional
Page 4
twenty five dollars ($25.00) for each assessment, the additional
twenty five dollars ($25.00) for each assessment being deemed
necessary to defray administrative and clerical expenses.
The failure of any person receiving an assessment of the service fee notice to make the
above-described payments to the City Clerk within the designated times shall be subject
to the penalties provided by Section 5-6-8 of this Chapter.
5-6-8: ENFORCEMENT AND PENALTIES:
A. Enforcement of this Chapter may be by civil action or by criminal
prosecution.
B. The failure or omission to comply with any section of this Chapter shall
be deemed a violation and may be so prosecuted, subject to the penalty
provided in Eagle City Code 1-4-1.
Section 2: That this Ordinance, or a summary thereof, in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and
shall take effect immediately upon its passage, approval, and publication.
Approved and adopted this 23`d day of March, 1999.
ATTEST:
Sharon K. Moore,
Eagle City Clerk
Rick zaguir
Mayor
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Page 5
The Valley News, P.O. Bc^°99, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} ss.
Public Hearing / False alarm fees
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Tim Frates
being duly sworn,
deposes and says:
That I am the Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 2
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 and ending with the issue of March 17
1999
X -11tdU J11
STATE OF IDAHO
COUNTY OF ADA
March 10
On this 1 day of April in the year of 1999 before me, a Notary
Public, personally appeared Tim Frates known or identified
to me to be the person whose name subscribed to the within instrument, and
being by me first duly sworn, declared that the statements therein are true, and
acknowledged to me that he/she executed the 'e.
00111llf it l 94,11,,, ','
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•STATEMENT
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Valley News
Meridian, Idaho
Number of Lines 28 Lines
Number of Insertions 2
28 Lines @ $1.50 $ 42.00
28 Lines @ $1.25 $ 35.00
TOTAL COST
Notary Public for Idaho
Copy of Notice
(First Copy)
PUBLIC HEARING
CITY OF EAGLE
Legal notice is hereby given that
the EAGLE CTTY COUNCIL will
hold a public hearing on March 23,
1999, at 7:30 P.M. at Eagle City Hall,
310 E. State Street, Eagle, Idaho. The
purpose of the hearing to consider
Ordinance 339 ordinance of the city of
Eagle, Ada County Idaho, Title 5
"Police Regulations", establishing
Chapter 6 "Alarm Systems", providing
an effective date, and to explain the
reasons for such fees. The proposed
false alarm fees may exceed 105% of
prior fees. The proposed fees are set
forth below;
Third false alarm within the calendar
year $25.00
Fourth false alarm within the calendar
year 50.00
Fifth false alarm within the calendar
year 75.00
Every successive false alarm over five
(5)
Within the calendar year 100.00
Within ten (10) days from the date
the notice of assessment was sent, if
the service fee has not been paid with-
in the seventy two (72) hours pre-
scribed above, pay to the City Clerk an
additional twenty five dollars ($25.00)
for each assessment, the additional
twenty five dollars ($25.00) for each
assessment being deemed necessary to
defray administrative and clerical
expenses.
A complete draft of the proposed
ordinance is available at City Hall for
public review. Public testimony is
encouraged at the public hearing.
WRITTEN COMMENTS will be
accepted until 5:00 p.m. on the day of
the public hearing. Qualified individu-
als who need accessible communica-
tion aids and services or ottiN accom-
modations to participate in programs
and activities are invited to make youi
needs and preferences know to the
504/ADA Coordinator (Eagle City
Clerk). Please give us at least three to
five days advanced notice so we can
adequately meet your needs.
/s/ Sharon K. Moore, Eagle City Clerk
L -419E March 10 & 17, 1999
Nfl L -419E
The Valley News, P.O. BG 99, Meridian, Idaho 83680
�4
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
un ;- raes
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Ss.
Ordinance No.339
'/'IT'LL OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
being duly sworn,
depose,.:Ind .
That 1 ani the __-- Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho: that said newspaper has been and is in general circulation in the county
aforesaid. and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto. was puhlished in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement: that said paper has been established and regularly published for
more than sc, cnty-eight consecutive weeks prior to the date of first publication of
said 'Id.crti,cmmit
Such notice ~,.as published in the Issue beginning with
19 99 . and ending with the issue of March 31
19 99
X
STATE. OF IDAHO
COUN'T'Y OF .ADA
March 31
On this ' day of April in the year of 1999 before me, a Notary
Public. personally appearedTim Frates . known or identified
to me to he the person whose name subscribed to the within instrument, and
being by inc first duly sworn. declared that the statements therein, are true, and
„marl u,,,
acklQ tIViattn.11 that he/she executed th
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Notary ublic for Idaho
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STATEMENT
Valley News
Meridian, Idaho
208 Lines
1
Number for 1.Ines
Number of Insertions
208 Lincs OS $1.50
Lina ((P $1.25
TOT.AI- ('OS"I'
312.00
Copy of Notice
,.._...1EirsL C ) �,.� ...,..,.
ORDINANCE NO.33 i
AN ORDINANCE OF THE CITY 11
OF EAGLE, ADA COUNTY, t�
IDAHO, AMENDING TITLE 5
"POLICE REGULATIONS"; CRE- lui
ATING A NEW CHAPTER 6 •02
"ALARM SYSTEMS," PROVIDING • ,t1
FOR SHORT TITLE AND PURPOS- 1g
ES; DEFINITIONS; ALLOCATION II
OF REVENUES; AUTOMATIC
DIALING DEVICE RESTRIC-
TIONS; ALARM PROCEDURES
AND REGULATIONS; INTEN-
TIONAL FALSIFICATION PROHIB-
ITED; ITED; FALSE ALARM, eJ
SERVICE FEE; ENFORCEMENT
AND PENALTIES; ANDD PROVID- i as
ING AN EFFECTIVE
WHEREAS, the City of Eagle, Ada a ,udit
County, Idaho, is a municipal corpora-
tion formed under the laws of the
State make S u
of Idaho, and has the power to
such ordinances not inconsistent with -
the laws of the State of Idaho to main- e
tain the peace, health, safety and
fare of the=City. Idaho Code — 50-302. 1 -
WHEREAS, the Mayor and Coun-
cil wish to address the use
BE IT a
n
of alarm n
systems in the City of Eagle;
NOW, THEREFORE,
•
ORDAINED BY THE MAYOR
CITY AND o
COUNCIL OF THEe .
EAGLE, IDAHO, as follows:
ecy: That Title 5, Chapter 6, r -
Eagle City Code, shall be created as ,r
follows:g
5-6-1: Short Title and Purpose in
5-6-2: Definitions
5-6-3: Allocation of Revenues m
5-6-4: Automatic Dialing Devices
Restrictionsan
Procedures and pi -
5.6 -5: Alarm •,nt
Regulations
-:ntentional Falsifications mg
,ne l
prohibited Service Fee be
54-7: False Alarm,
54-8: Enforcement andE Penalties
frig
5-6-1: SHORT TIT
PURPOSES: This Chapter shall be the
known and cited as the City b Eagleof this em
Alarm Ordinhf'ice. The pu>
ptSeChapter is to protect the law enforce- ich
• ment and emergency seances of the 'ieteh-
. City of Eagle from misuse.
words
5-6-2: DEFINITIONS: All thes irrr
and phrases used in this Chapter, r
t definitions of which ar
e their ordinary,
herein
11i1
given, shall be given est
commonly understood and accepted
meaning.
M SYSTEM: Any assembly la
of equipment, mechanical or electri-
cal, arranged to signal the occurrence ti
and illegal entry or other aid i o ►t
requiring urgent attention,
which law enforcement officerd the r
ed w respond,
to
expectaudible ri
Chapter is not app
alarms
affixed to motor vehicles, nor ;s
l\Tl1 1 _A0fl
ap
ns