[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:
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.
A test of any alarm system designed to determine whether
the system is working properly.
[Added 5-12-2009 by Ord. No. 09-11]
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.
The City of Colonial Heights Police Chief or his designee.
The City of Colonial Heights Fire Chief or his designee.
[Added 5-12-2009 by Ord. No. 09-11]
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]
An event requiring urgent attention and to which police or
fire/EMS personnel are expected to respond.
An unauthorized intrusion, attempted burglary, or other criminal
activity at the protected premises.
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.Â
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)Â
The applicant's name, address, and home and business
telephone numbers.
(2)Â
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)Â
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)Â
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)Â
Any additional information required by the Chief of
Police.
B.Â
The Chief of Police shall review the application for
completeness and accuracy. If the application is satisfactory, the
permit shall be issued.
C.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
First and second false alarms: no charge.
(2)Â
Third false alarm: $75.
(3)Â
Fourth false alarm: $100.
(4)Â
Fifth false alarm: $125.
(5)Â
Sixth and each subsequent false alarm: $150.
(6)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
Evidence of attempts by the person against whom the
service fee is assessed to eliminate the cause of false alarms, such
as:
(2)Â
Evidence that the false alarm was caused by unusually
severe weather conditions.
(3)Â
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)Â
Evidence that the alarm system that caused the false
alarm has been disconnected and removed from the protected premises.
D.Â
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.
