Ordinance No. __________, Series 2014
Title
AN ORDINANCE AMENDING LOUISVILLE METRO CODE OF ORDINANCES ("LMCO") §127.13 ET. AL., REGARDING BURGLAR AND HOLD-UP ALARM NOTIFICATIONS.
Body
Sponsored By: Council Member David Yates
WHEREAS, excessive false alarms unduly burden Louisville Metro's limited law enforcement resources; and
WHEREAS, Chapter 127 of the Code of Ordinances was adopted to encourage alarm users and alarm companies to properly use, install, and maintain alarm systems and thereby facilitate the reduction or elimination of false alarms; and
WHEREAS, this Ordinance seeks to clarify and streamline the process for administering the provisions of the aforementioned chapter;
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: LMCO §127.03(B) of the LMCO is hereby amended to read as follows:
(B) If requested by an alarm business, Metro Government will respond to an alarm site in cases where no current alarm user registration information exits, but the alarm user shall be subject to service fees pursuant to §127.14. If the alarm user has a minimum of twenty-five (25) unpaid civil penalties that have been imposed pursuant to §127.14, then the alarm users registration may be revoked by the Alarm Administrator. Any registration that has been revoked pursuant to this chapter may be restored to an alarm user, provided that all outstanding unpaid civil penalties have been satisfied and all the requirements of subsection (A) above have been satisfied. Upon revocation of an alarm user's registration, notice of the revocation will be sent via First Class mail to the alarm user and the alarm business.
(C) If requested by an alarm business, Metro Government will respond to an alarm site in cases where no current alarm user registration information exists, but the alarm user shall be subject to service fees pursuant to §127.14.
SECTION II: LMCO §127.13(A) of the LMCO is hereby amended to read as follows:
(A) The alarm user shall be notified by the Alarm Administrator when there has been a false alarm dispatch to the alarm site. The Alarm Administrator may send additional notice to the alarm business monitoring the alarm site. When there has been a false alarm dispatch, the alarm user shall be issued a citation by a Code Enforcement officer, as defined in §32.75. The Alarm Administrator may send additional notice of the citation to the alarm business monitoring the alarm site.
SECTION III: LMCO §127.13(B) of the LMCO is hereby amended to read as follows:
(B) Notification shall be by first class mail or fax to the alarm user at the address or fax number listed on the alarm user's registration information. The notification shall include the date, time and location of the false alarm, the number of false alarms at the location within the current year, any applicable service fee and discount, and the name, address and phone number of the person to contact if the alarm user disputes the false alarm determination. Any citation issued pursuant to this chapter shall be in accordance with the procedures contained in §§32.275 through 32.290. In addition to the requirements of a citation contained in §32.283, the citation shall include the alarm user's name, address of the alarm site, the number of false alarms at the location within the floating year, as defined by § 127.14(B)(1), any applicable service fee and discount, the date and time of false alarm dispatch and any penalties or fees associated with a false alarm citation.
SECTION IV: LMCO §127.13(C) of the LMCO is hereby amended to read as follows:
(C) Any alarm user who contests the determination that a false alarm dispatch has occurred, shall notify the Alarm Administrator in writing within ten days of notification of the false alarm dispatch. If the Alarm Administrator is satisfied that a reasonable explanation exists for the false alarm, the alarm user's record shall be adjusted accordingly.
(D) If the Alarm Administer does not adjust the alarm user's record, the Alarm Administrator shall issue a citation, as applicable, in accordance with the procedures contained in §§32.275 through 32.290. In addition to the requirements of a citation contained in §32.283, the citation shall include the alarm user's name, address of the alarm site, and date and time of false alarm dispatch.
(E)(D) The enforcement, processing and hearing pertaining to a citation shall be as provided in §§32.275 through 32.290. If, after a requested hearing, the Code Enforcement Board is satisfied that a reasonable explanation exists for the false alarm dispatch, the Code Enforcement Board shall notify the Alarm Administrator to adjust the alarm user's record accordingly.
SECTION VI: This Ordinance shall take effect upon its passage and approval.
_______________________________ H. Stephen Ott Metro Council Clerk |
_____________________________ Jim King President of the Council |
_______________________________ Greg Fischer Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O'Connell
Jefferson County Attorney
BY: ____________________________
OrdinanceAmendingBurglarandHold-UpAlarmNotifications 2014 KBB 04.29.14