[HISTORY: Adopted by the City Council of the City of Colonial Heights 11-13-2001 by Ord. No. 01-21. Amendments noted where applicable.]
The purpose of this chapter is to regulate the use, operation and maintenance of alarm systems in order to reduce the number of false alarms, to promote the public health, safety and welfare, and to protect property in the City.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
ALARM SYSTEM
A system or device that transmits a signal that indicates an occurrence or hazard requiring an emergency response at the protected premises. The term "alarm system" refers to all systems which are designed to attract the attention and response of City police or City fire and emergency medical services (EMS) personnel, including, but not limited to, alarm bells, horns, sirens and lights, which are either audible or visible beyond the lot lines of the protected premises.
ALARM TEST
A test of any alarm system designed to determine whether the system is working properly.
[Added 5-12-2009 by Ord. No. 09-11]
AUTOMATED DIALING DEVICE
An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency that the alarm system is designed to detect.
CHIEF OF POLICE
The City of Colonial Heights Police Chief or his designee.
CHIEF OF FIRE AND EMS
The City of Colonial Heights Fire Chief or his designee.
[Added 5-12-2009 by Ord. No. 09-11]
FALSE ALARM
An alarm signal that results in a response by police or fire/EMS personnel that is not a result of actual or threatened criminal activity or other hazards. False alarms shall include negligently or accidentally activated signals; signals which are the result of faulty, malfunctioning or improperly installed or maintained equipment; signals which are purposely activated to summon the police or fire/EMS in nonemergency situations; and alarms for which the actual cause is not determined. False alarms shall not include signals activated by weather conditions, utility condition, or other causes which are identified and determined by the Chief of Police or Chief of Fire and EMS to be beyond the control of the owner.
[Amended 5-12-2009 by Ord. No. 09-11]
HAZARD
An event requiring urgent attention and to which police or fire/EMS personnel are expected to respond.
OCCURRENCE
An unauthorized intrusion, attempted burglary, or other criminal activity at the protected premises.
PERMIT HOLDER
The owner or tenant of residential, commercial or industrial premises upon which an alarm system has been placed for the purpose of detecting a hazard or occurrence requiring an emergency response.
It shall be unlawful for any person without just cause to knowingly and willfully activate an alarm system causing a false alarm.
[Added 5-12-2009 by Ord. No. 09-11]
Any contractor or certified alarm technician shall notify the City Emergency Communication Center prior to any alarm testing. The same company shall notify the center once all testing is complete.
A. 
Every owner or tenant of residential, commercial or industrial premises protected by an alarm system within the City shall obtain a permit for the operation of the system within 30 days of installation of the alarm system. The permit application shall be made either on paper forms available from the Police Department or can be completed and submitted online on the City's website (www.colonialheightsva.gov). Completed applications shall include, but not be limited to, the following information:
[Amended 5-12-2009 by Ord. No. 09-11; 9-8-2015 by Ord. No. 15-21]
(1) 
The applicant's name, address, and home and business telephone numbers.
(2) 
The names, addresses and telephone numbers of the owners of any premises with an alarm system and the address and phone number of the premises themselves.
(3) 
The names, addresses and home and business telephone numbers of at least two persons who are to be contacted in the event of the activation of the alarm system, and who are authorized to secure the premises.
(4) 
A general description of the type of alarm system, including whether the system is audible or silent, and whether the system is monitored and by whom.
(5) 
Any additional information required by the Chief of Police.
B. 
The Chief of Police shall review the application for completeness and accuracy. If the application is satisfactory, the permit shall be issued.
C. 
If the information required on the permit application changes, the person providing the original information shall notify the Chief of Police of the change within 30 days of the change. A service fee of $25 shall be assessed against the owner or tenant of any residential, commercial or industrial premises protected by an operative alarm system who fails to notify the Chief of Police of any changes on the permit within 30 days. If the changes on the permit required by this section are not updated within 30 days after notification by the Chief of Police, continued operation of the alarm system shall constitute a misdemeanor, punishable by a maximum fine of $250.
[Amended 9-8-2015 by Ord. No. 15-21]
D. 
A service fee of $25 shall be assessed against the owner or tenant of any residential, commercial or industrial premises protected by an operative alarm system who has not obtained the required permit within the time limits set forth in this section. If a service fee is assessed, it must be paid before the permit will be issued. If the permit required by this section is not obtained within 30 days after notification by the Chief of Police, continued operation of the alarm system shall constitute a misdemeanor, punishable by a maximum fine of $250.
E. 
This permit requirement is intended to assist the Police Department and the Fire and EMS Department in the administration of the provisions of this chapter and shall not create any special duty between the City or its employees and members of the public with respect to any premises protected by an alarm system.
[Amended 5-12-2009 by Ord. No. 09-11]
[Amended 5-12-2009 by Ord. No. 09-11]
A. 
An owner or tenant of residential, commercial or industrial premises protected by an alarm system shall be assessed a civil penalty of $100 if he or his designee fails to arrive at the protected premises within one hour of being notified in connection with an activation of the alarm system.
B. 
An owner or tenant of residential, commercial or industrial premises protected by an alarm system which emits an audible signal loud enough to be heard by any other person outside the property shall be responsible for silencing such audible signal as soon as reasonably possible, but in all cases within 30 minutes of being notified in connection with an activation of the alarm system. Any person failing to comply with this section shall be assessed a civil penalty of $100.
A. 
The owner or tenant of any residential, commercial and industrial premises protected by an alarm system shall pay a service fee for false alarms originating from the protected premises. The service fee shall be due upon receipt of the bill and shall be payable to the Director of Finance. The service fee shall be assessed for each false alarm during each calendar year as follows:
[Amended 5-12-2009 by Ord. No. 09-11; 6-14-2016 by Ord. No. 16-20]
(1) 
First and second false alarms: no charge.
(2) 
Third false alarm: $75.
(3) 
Fourth false alarm: $100.
(4) 
Fifth false alarm: $125.
(5) 
Sixth and each subsequent false alarm: $150.
(6) 
Failure to notify prior to alarm testing: $150. The assessment of this $150 fee precludes the assessment of a false alarm service fee for the same incident.
B. 
Service fees shall not be charged for false alarms in premises owned, leased, occupied or under the control of the United States, the Commonwealth of Virginia, political subdivisions of the Commonwealth of Virginia, or any of their officers, agents or employees while they are acting or are employed in their official capacity.
[Amended 11-18-2008 by Ord. No. 08-27]
A. 
All service fees or civil penalties assessed by the Chief of Police or Chief of Fire and EMS against the owner or tenant of residential, commercial or industrial premises protected by an alarm system shall be due and owing to the Director of Finance. If legal action is necessary to collect the service fees or civil penalties, the owner or tenant shall be required to pay a ten-percent collection fee to the City and all court costs necessary to collect such fees or penalties.
[Amended 5-12-2009 by Ord. No. 09-11; 6-14-2016 by Ord. No. 16-20]
B. 
The failure of a permit holder to pay any service fee or civil penalty assessed under this chapter within 30 days after it is assessed shall constitute grounds for the revocation of an alarm system permit by the Chief of Police. Any service fee or civil penalty remaining unpaid 30 days after it has been assessed shall be referred to the Director of Finance for collection. A late payment penalty of 10% or $10, whichever is greater, shall be added to the account upon referral to the Director of Finance. The Director of Finance may attempt to collect any fee or penalty due by any method authorized in the Code of Virginia. Any City agency or department, may assist the Director of Finance in collecting such fee or penalty. In addition, the Director of Finance may impose upon the permit holder an administrative charge to offset the cost of engaging in collection. Such administrative charge shall not exceed the maximum amount authorized by Code of Virginia § 58.1-3958. The continued operation of an alarm system by the owner or tenant of premises protected by an alarm system after notification by first-class mail that the permit has been revoked shall constitute a misdemeanor, punishable by a maximum fine of $250.
[Amended 6-14-2016 by Ord. No. 16-20]
C. 
An alarm permit that has been revoked may be reinstated by the Chief of Police upon payment of all amounts owing.
[Amended 5-12-2009 by Ord. No. 09-11]
A. 
Any person who believes that a service fee or civil penalty has been wrongfully assessed against him may appeal such assessment by submitting a letter to the Chief of Police or Chief of Fire and EMS within 10 days of receiving the bill. The letter shall contain the person's name, complete address and telephone number, the reasons for disputing the fee or assessment and any other written evidence which might justify a change in the assessment.
B. 
The Chief of Police or Chief of Fire and EMS shall consider the evidence presented and render a written decision within 10 days of his receipt of the appeal unless an extension has been agreed upon by both parties. The Chief of Police or Chief of Fire and EMS shall have the authority to waive or rescind, in whole or in part, a service fee or assessment if he believes that there is insufficient evidence to fully support the imposition of the service fee or assessment.
C. 
The Chief of Police or Chief of Fire and EMS may consider the following factors in reaching a determination on the appropriateness of a service fee or assessment:
(1) 
Evidence of attempts by the person against whom the service fee is assessed to eliminate the cause of false alarms, such as:
(a) 
Installation of new equipment.
(b) 
Replacement of defective equipment.
(c) 
Certified inspection and repair of the system by an alarm system technician.
(d) 
Specific formal training of the alarm's users.
(2) 
Evidence that the false alarm was caused by unusually severe weather conditions.
(3) 
Evidence that the false alarm was caused by the disruption of telephone or electrical circuits beyond the control of the alarm user or the user's monitoring company and that the cause of such disruption has been corrected.
(4) 
Evidence that the alarm system that caused the false alarm has been disconnected and removed from the protected premises.
D. 
Nothing in this section shall be interpreted to require the waiver or rescission of the service fee or assessment in appeals that meet any or all of the above factors. Such factors are intended as guidelines only and shall not prevent the Chief of Police or Chief of Fire and EMS from waiving or reducing service fees or assessments for any other reason.
[Amended 9-8-2015 by Ord. No. 15-21]
It shall be unlawful for any person to install, sell, lease, use, cause or allow to be installed, sold, leased or used an automated dialing service or system which is set or programmed to make direct contact with the City's Emergency Communication Center, enhanced 911 emergency telephone system, or nonemergency telephone numbers.
[Added 5-12-2009 by Ord. No. 09-11]
The Chief of Police and the Chief of Fire and EMS shall designate employees within their departments who shall enforce the provisions of this chapter by issuing a notice or citation of violation.