HomeMy WebLinkAboutOrd 07-92 Alarm SystemsORDINANCE NO. 7 - 92
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN
PROVISIONS OF THE MUNICIPAL CODE ~ ZONING ORDINANCE
RELATING TO ALARM SYSTEMS
The City Council of the City of Dublin does ordain as follows:
Section 1. Section 5.20.010 APPLICABILITY AND PURPOSE of the City
of Dublin Municipal Code is amended to read as follows:
The provisions of this chapter shall be
applicable to any person Who operates or
maintains on his or her premises an alarm
system installed on or after 5/27/92 , and any
alarm agent or alarm business as defined
herein, thirty (30) days after the effective
date of the ordinance codified in this
chapter.
The purpose of this chapter is to provide
minimum standards and regulations applicable
to alarm systems, their installation bY alarm
businesses or agents, and their operation by
alarm users as defined herein.
Section 2. 5.20.020 DEFINITIONS of the City of Dublin MUnicipal
Code is amended to read as follow:
For the purpose of this chapter the following
terms, phrases, words, and their derivations
shall have the meanings hereafter respectiVely
ascribed:
"Alarm agent" means any person employed or
hired by an alarm business and whose duties
include altering, installing, maintaining,
moving, repairing, replacing, or servicing an
alarm system or responding to same.
"Alarm business" means any activity carried on
by any person operating for any'consideration
which includes the sale and installation,
maintenance, alteration, or servicing of alarm
systems or which responds to such alarm
systems.
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"Alarm system" means any assembly of equipment
and devices arranged to signal the presence of
any condition upon premises within the city to
which an emergency response by public safety
personnel would commonly occur. The term
"alarm system" shall include any equipment
which is designed to detect an emergency or
which is designed to be activated by a person
to report an emergency.
"Alarm user" means any person who owns,
operates or manages or is entitled to
possession of any premises in the city on
which an alarm system has been installed and
operates.
"Audible alarm" means any alarm system, which,
when activated, is capable of being heard
within the premises and the immediate area
thereof.
"Automatic dialing system" means any alarm
system which automatically sends over regular
telephone lines, by direct connection or
otherwise, a prerecorded voice message
indicating the existence of a condition upon
premises within the city to which an emergency
response by public safety personnel would
commonly occur.
"Central station" means an office to which
monitored alarm and supervisory signaling
devices are connected, where operators
supervise the circuits, and where Personnel
may be maintained continuously to respond to
and investigate signals, and which signaling
devices are listed by Underwriters'
Laboratory.
"False alarms" means any improper activation
of an alarm system, including, but not limited
to, improper activation due to negligent acts
or omissions, intentional activation when
unwarranted, or to equipment malfunction.
Improper activation of an alarm system caused
by an event out of the control of the alarm
user or alarm business, including but not
limited to, an earthquake, storm or other
violent, uncontrollable act of nature, shall
not constitute a false alarm.
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"Monitored alarm system" means an alarm
signaling system which, when activated by an
alarm device, transmits a signal to a central
station where appropriate action is taken to
investigate and respond to the signal.
Section 3. Section 5.20.030 REGISTRATION REQUIRED of the City of
Dublin Municipal Code is amended to read as follows:
Ail persons who engage in, conduct or carry on
any alarm business within the city shall
obtain a business license. Along with the
business license application, the applicant
shall provide to the city all information as
required by the provisions of Chapter 5.20.
The applicant shall also provide evidence that
the applicant possesses a current, valid
license or permit as issued by the State of
California pursuant to Chapter 11.6 of
Division 3 of the Business and Profession Code
(commencing with Section 7590). The Police
Department shall review any business license
application received from an alarm business as
defined herein.
Section 4. Section 5.20.040 NOTIFICATION OF INSTALLATION
OF ALARM SYSTEM of the City of Dublin Municipal Code is amended to
read as follows:
Each ~time an alarm business sells or installs
an alarm system within the city, it shall
notify the city and Police Department in
writing within ten (10). days thereof. The
notice shall include the following:
A. The name, address, and telephone number of
the alarm business or its alarm agent;
B. The name of the alarm user and his or her
business address, telephone number,
residential address and telephone number;
C. The location, classification and purpose
of the alarm system; and
D. The name of at least one (1) other person
responsible to respond to the alarm site and
the business address and telephone number and
residential address and telephone number of
such person.
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Section 5. Section 5.20.050 OUTDOOR AUDIBLE ALARMS PROHIBITED of
the City of Dublin Municipal Code is amended to read as follows:
No alarm agent, alarm business, or alarm user
shall buy, sell, install, or operate within
the city an audible alarm system which upon
activating emits a sound similar to sirens in
use on the emergency vehicles or for civil
defense purposes. For the purpose of this
section, any electronic sounding device that
produces a variable pitch tone shall be
considered similar to an emergency vehicle
siren. This section shall not apply to sirens
mounted inside a building which cannot be
heard from outside of the building.
Section 6. Section 5.20.060 AUDIBLE ALARM SYSTEM OPERATION of the
City of Dublin Municipal Code is amended to read as follows:
No alarm agent, alarm business, or alarm user
shall buy, sell, install, or operate within
the city an audible alarm system which does
not silence within a maximum time of fifteen
(15) minutes from the time of activation. If
the alarm system has an automatic cutoff with
a rearming phase, the rearming phase must be
capable of distinguishing between an open and
closed circuit, and if this circuit is broken,
the system shall not rearm.
Section 7. Section 5.20.090 RESPONSE UPON NOTIFICATION of the City
of Dublin Municipal Code is amended to read as follows:
Upon notification by the Police Department,
the person or company named in the notice
required by Section 5.20.080 of this chapter
or the representative of said person or
company shall promptly proceed withinat least
thirty (30) minutes to the scene of the alarm
and render necessary service. This service
shall include, when necessary, the opening of
the premises so that the origin of the alarm
may be determined and appropriate action may
be taken. If such person or company cannot
respond within the specified time the person
or company shall notify the Police Department
that no response will be made.
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Section 8. Section 5.20.100 MONITORED ALARM SYSTEMS of the City
of Dublin Municipal Code is amended to read as follows:
No alarm system may be installed or operated
within the city which, when activated, causes
an alarm to be sent directly to the Police
Department by an automatic dialing system.
Section 9. Section 5.20.120 FALSE ALARMS - PENALTIES of the City
of Dublin Municipal Code is amended to read as follows:
Section 5.20.120 NOTIFICATION
DISCONTINUANCE OF BUSINESS REQUIRED
OF
Every person engaging in, conducting or
carrying on any alarm business within the city
shall provide written notice to the Police
Department within thirty (30) days of its
discontinuance of the business within the
city.
Section 10. Section 5.20.130 NOTIFICATION OF DISCONTINUANCE OF
BUSINESS REQUIRED of the City of Dublin Municipal Code is amended
to read as follows:
Section 5.20.130 FALSE ALARMS: NOTICE, REMOVAL
FROM THE POLICE DEPARTMENT'S RESPONSE LISTAND
FINES
A. The Police Department may respond to false
alarms in the following manner:
1. Two false alarms in any ninety-day (90)
period -- the Police Department will call
the business or residence and advise such
business or residence of the existence of
an alarm policy and ordinance and shall
outline any expected remedial action.
2. Three false alarms in any ninety-day (90)
period -- the Police Department shall
mail, by return receipt requested, a copy
of the alarm ordinance to the business or
residence;
3. Four false alarms in any ninety-day (90)
period -- a $50 fine shall be levied
against the owner or lessee of the
proPerty and if the owner or lessee fails
to pay the fine within ten (10) calendar
days, the Police Department shall place
that alarm system on the Police
Department's non-response list;
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4. Five false alarms in any ninety-day (90)
day period -- a $200 fine shall be levied
against the owner or lessee of the
property and the Police Department shall
place such alarm system on the Police
Department's non-response list; and
5. Any further alarms will result in no
response by the Police Department,
regardless of 'any prior action or fine
within the specific ninety-day (90)
period.
B. The Police Department may place any alarm
system on the non-response list if the alarm
user intentionally activates the alarm system
when an emergency situation does not exist.
Such emergency situations include only those
unlawful acts for which the alarm system was
specifically designed to detect or to alert
the Police Department, such as burglary,
robbery or intrusion alarms.
C. Any business or residence placed on the
non-response list may petition the Police
Department to be placed on the response list
and such placement shall not be denied if the
business or residence pays any outstanding
fines and if no more than one false alarm has
been registered within the preceding thirty-
day (30) period
D. The Police Department shall notify any
alarm user or alarm business of any violation
of sections 5.20.030, 5.20.040, 5.20.050,
5.20.060, 5.20.070 or 5.20.080. The notice
shall inform the alarm user or alarm business
that their alarm system has been placed on the
Police Department's non-response list. Full
service may be restored upon petition to the
Police Department, once all applicable
conditions have been satisfied.
E. Exceptions:
1. The provisions of Section 5.20.130 shall
not apply during the first thirtY (30)
days after installation of an alarm
system.
2. If an alarm user demonstrates to the
Police Department that any false alarm
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resulted from conditions beyond the alarm
user's control and not as a result of
negligence of the alarm user or any of
his or her employees or agents, or if the
alarm user was not aware or should not
have been aWare of any defect in the
alarm system, such false alarm shall not
be deemed a false alarm as that term is
· used in this section.
Section 11. Section 5.20.140 APPEAL of the City of Dublin
Municipal Code is amended to read as follows:
Any person whose alarm service is placed on
the Police Department's non-response list
pursuant to this chapter or who has received
a fine may appeal such order or fine to the
City Manager within ten (10) working days from
the date of such order or fine. If an appeal
is filed, the order or fine shall be stayed
pending the City Manager's ruling on the
appeal.
Section 12. This Ordinance shall take effect and be in force 30
days following its adoption. The City Clerk of the City of Dublin
shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Dublin this 27thday of April, 1992, by the following votes:
AYES:
Councilmembers Burton, Howard, Jeffery, Moffatt & Mayor Snyder
NOES: None
ABSTAIN: None
ABSENT: None
Mayor
ATTES~
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