HomeMy WebLinkAbout1981-10 07-02 AP 0 1 Y OF llOOKLYNCENTER
ORDINANCE NO.—
;AN RDINANCILREOULATINO
HV OPERATION OF ALARM
SY TEMS IN BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER DOES
OR AIN AS FOLLOWS:
ion 1.. Chapter 23 of the Ci ty BROOKLYN CENTER POST
Ordinances of the City of Brooklyn /^s
`C s hereby amended by the
ad the following:
2Y2a0i.StafemeMeff+otiey. AFFIDAVIT OF PUBLICATION
fosi cy Cemell Of the City of
n I:enfar deems H necessary M
IS for the special and express
al of alarm systems which m
:to signal the presence of a
requ)Nng urgMt atienN nd On a h public safety personnel are STATE OF MINNESOTA
d to respond, In order N SS.
the public hea lth, safety and' COUNTY OF HENNEPIN
ity Council fiefs that the
ion of alarm systems is a to reduce the 1 fris)uon" of false alarms In
n Center. The (treat number:
'and Increasing frequency of these'.. Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice-President
'Ales alarms ragaires" Intensive, time of The Post Publishing Co., publisher and printer of the newspaper known as
consuming efforts by the police"
;dope Ymem and thereby distracts BROOKLYN CENTER POST
from and reduces the level of services
avall able to the rest of the community,' and has full knowledge of the facts herein stated as follows:
This diminishes the ability of the City, (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
m ofethe general health, welfare in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
and safety of the community. in week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to The community which
consideration for the necessity on the it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
part Df th! City to provide numerous I and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
taw enforcement, services to ait least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
s of the community, without, currently paid or no more than three months in arrears and has entry as second -class matter in its local post
an concentration of public. office. (5) Said newspaper purports to serve the
sere In ono be to work to the' CITY OF BROOKLYN CENTER
detri ant of members al the general'
PUN ti is hereby detfded Mat the in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
alder systems shall be regulated: during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
bell IS the permit process described`' tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and atwhich timesaid newspaper is printed. (6) Said newspaperfiles a copy of each issue immediately
ion 23.2001. Definitions. As used with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least Two years
111" 1 Union otherwise Indicated, the preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
falfo tag terms are defined as Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
1. "A arm System" shall .mean an State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
a I ly Of equipment and devices: is a legal newspaper.
is a single device such as a solid
eta unit) arranged to signal Mal He further states on oath that the printed ?s. a f 1 t,�...
Pr CO of hazard. For the
pU of this ordinance, the
a` triggered, must *ItW C
Iy celmeCted M the police' z 1....
be
a fire station or may signal a'
ai monitoring agency which+ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
notifies the police and-or fire
d rhnents of an emergency to j
wh public safety personnel must the English language, once each week,for...' weeks; that it was first so published on T --r(
res or may emit an audible
Si at which will require urgent,
a fors and t0 which pnublk safety: The i ..:...day of. ^r. 19 and was thereafter printed and published on every
pe are expected to respond.
2, "A m User" shall mean the
pe on, firm, partnership, to and including the.......... day of 19 and that the following is a printed copy of the
as anon, corporation, company
or ni:afath of any kind on,
promhaaan alarm system is' lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
"Al Wo Wire• -sha1P
Iea101i eatgplrtas lswelihng,
for r purposes. the composition and publication of said notice, to wit:
p
Irs Us shall ot all n l a rm
per e" ma arm
s asatntalntog alarm
3. Fplse An ha thl abcdefg 5 1 /z pt. Sans
activation of an alarm system I
through mechanical failure,
malfuynctfon,mproper Installation,
or the negligence of the owner or
P Y12" .1i, $farm sydo of his agents. If dnot tivation of the alarm by pany power outages or
by ♦♦cis af 0)od.
Sbction 312006. Prohibiflons.
1. "Al rm Systems Utilising Taping Subscribed and sworn to before
or ,Prerecorded Messages." No
per
�on shall Install, monitor, or use
and possess an operative alarm me this..
day of..... :..A. D., 19. 5:..
which utilizes taped or prerecorded
sages which deliver a telephone
alarm message to the police or fire
de
P�rtment.
sect1on 23 -2006. Permit Fees.
1. The fee for alarm user's permits
shah be fifty dollars ($50.00) for NOTARIAL SEAL)
pollppa alarm systems and one
hu%red and fifty dollars ($150.00)
for, tire alarm systems. Notary Public ........................County, Minnesota
2. Alarm user's permits shall expire
on t"ttNNa last day of oath Calendar
year.Alorm user's permits shall My Commission Expires...... ............19......
not required In the next calendar
yea until there are more than four
(4) ISISe_ police alarms or one (1)
false fire alarms reported of the
alarm user's address during the
next calendar year.
No
Affidavit of Publication
OF
Published in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
FILED
BROOKLYN CENTER POST
1�1
1
3. The United States government, user at that address may submit a
State of Minnesota, County of written report to the Chief of Police
Hennepin, City of Brooklyn Center to explain the cause of the alarm
or any departments thereof and activation. If the Chief of Police
Independent school districts are determines that the alarm was
exempt from the fee requirement caused by conditions beyond the
stated above. control of the alarm user, the alarm
Section 23 -2007. Revocation and Sus- will not be counted as a false alarm
pension of Permit. at that address.
1. Basis for revocation or suspension, 2. "False Alarms" will be excused if
In addition to the automatic they are the result of an effort or
revocation process described in order to upgrade, install, test, or
Section 23 -2003, the Chief of Police maintain an alarm system and If
may suspend or revoke any alarm the police department is given
user permit Issued pursuant to this notice In advance of said upgrade,
ordinance if the Chief of Police Installation, test and maintenance.
finds that any of the following oc- Section 23 -2009. Criminal Penalties.
cur: 1. Any alarm user, who continues to
a. That any provision or condition of use an alarm system after
this ordinance has been violated by receiving notice of revocation or
IP arm user or his agents; suspension by the Chief of Police,
b. n alarm system has actuated shall be guilty of a misdemeanor,
a,, excessive number of false upon conviction thereof, shall
alarms mishable by a fine of not more
c. That the alarm user has knowingly tudn five hundred dollars ($500.00)
made false statements In or and by imprisonment tot to exceed
regarding his application for an ninety (90) days.
Alarm user's permit; 2. Any person required by this or-
d. That the alarm user has failed to dinance to obtain an alarm user's
correct or remove, within a permit who knowingly fails to do so
reasonable period, violations of this shall be guilty of -a misdemeanor,
ordinance after receipt of notice to and upon conviction thereof, shall
do so; be punishable by a fine of not more
e. That the continued effectiveness of than five hundred dollars ($500.00)
the alarm user permit, constitutes a and by imprisonment not to exceed
substantial threat to the public ninety (90) days.
peace, health, safety or welfare. Section 23 -2010. Separability. Every
All alleged violations dsflnad above section, provision, or part of this or-
shall be investigated by the police de- dinance 9s declared' separable from
partment. The alarm user shall be every other section, provision or part;
given notice of the proposed revoca- and If any section, provision or part of
Pion or suspension and be provided an any ordinance shall be held Invalid, it
opportunity to informally present evi. shall not affect any other section,
dente to the Chief of Police prior to provision or part thereof.
the final decision on revocation or sus- This ordinance shall take effect and
pension. Anyone aggrieved by the de- be enforced from and after Its passage
cision of the Chief of Police may and publication.
appeal that decision to the City Coun- Section 2. This ordinance shall
cil. become effective after adoption and
4. "Person" shall mean any in- upon thirty (30) days following Its
dividual, partnership, corporation, legal publication.
association, cooperative or other Adopted this day of 1901.
entity.
S. "Calendar Year" shall mean the Mayor
period January 1 through ATTEST,
December 31 of each year. Clerk
Section 23 -2003. Permits and Ex. Date of Publication
emptions. Effective Date
1. Permits. Effective 119 (Boldface indicates new matter.)
every alarm user who, during the (Published in The Brooklyn Center
course of a calendar year, incurs Post July 2, 1901.)
more than four (4) false police
alarms, or more than one (1) false
fire alarms shall be required to
obtain an alarm user permit.
2. Review of Permit. The Chief, of
Police shall review the issuance of
P" roNce alarm permits. The Chief
lice, In consultation with "to
Chief, shall review the
Issuance of all fire alarm permits.
3. Process for issuance of Permit.
Upon receipt and determination of
the fifth false police alarm report or
the second false fire alarm report at
an address, the Chief of Police,
after review, may notify the City
Clerk who shall then assess the
alarm user for an alarm user's
permit. The assessment .invoice
shall be sent by certified mail. The
alarm user must submit the
required permit fee to the City
Clark within ten (10) working days
after receipt of the assessment
invoice, in order to continue to use
his alarm system. Any subsequent
false police or fire alarm at that
address shall automatically revoke
permit and the process must
le repeated. This process shall
epeeted for each and every
false alarm in excess of four (4)
false police alarms end In excess of
one (1) false fire alarms during
each calendar year.
4. Duration of Permit. All permits,
unless otherwise revoked, will
expire at the end of each calendar
year.
S. Exemptions. The provisions of this
chapter are not applicable to
audible alarms affixed to
automobiles.
Section 23 -2004. Requirements and
Duties.
I, False Alarm Reports. The Chief of
Pollee may, at his discretion,
require a false alarm report to be
flied by the alarm user with the
Chief of Police, within a time period
to be specified by the Chief of
Police. If the Chief of Police
determines that a false alarm has
occurred at an address, the alarm