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HomeMy WebLinkAbout6.2 Regulation of Alarm Systems I— CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: APRIL 27, 1987 SUBJECT PUBLIC HEARING: ORDINANCE ESTABLISHING REGULATION OF ALARM SYSTEMS EXHIBITS ATTACHED Proposed Ordinance RECOMMENDATIONS Open Public Hearing Receive Staff Reports /Z6A1---Obtain Comments from the Public Close Public Hearing Deliberate Waive Reading and Adopt Ordinance FINANCIAL STATEMENT: The City would receive a portion of those fines levied by the court. It is anticipated that revenue would be minimal. ' DESCRIPTION As part of the comprehensive Municipal Code revision, the City Attorney' s office has prepared an ordinance requiring the operator of any alarm business to register with the Police Department prior to engagement or discontinuance of such business. Further, the alarm business shall furnish to the Police Department pertinent client information each time an alarm system is sold or installed. This ordinance also provides for penalties in the case of false alarms within prescribed time periods. The City Council introduced this ordinance at its meeting of April 13, 1987. -------------------------------------------------------------------------- COPIES TO: ITEM NO. o _., ., n .... .,.... .. .. s.,..v.. ...?.� -... 2 .AME 7-2 ORDINANCE NO. -87 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO ALARM SYSTEMS The City Council of the City of Dublin does ordain as follows: Section 1: DEFINITIONS . For the purpose of this Ordinance, the following, terms, phrases, words, and their derivations shall have the meanings hereafter respectively ascribed. (a) Alarm Agent. "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. (b) Alarm Business . "Alarm business" means any activity carried on by any person operating for any consideration which includes in the sale and installation, maintenance, alteration, or servicing of alarm systems or which responds to such alarm systems.. (c) Alarm System. "Alarm system" means any assembly of equipment and devices arranged to signal the presence of any condition upon premises within the City of Dublin 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. (d) Alarm User . "Alarm user" means any person who owns, operates or manages or is entitled to possession of any premises in the City of Dublin on which an alarm system has been installed and operates. (e) Audible Alarm. "Audible alarm" means any alarm system, which, when activated, is capable of being heard within the premises and the immediate area thereof. (f) Automatic Dialing System. "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. (g) Central Station. "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. (h) False Alarm. "False alarm" means any improper activation of an alarm system, including, but not limited to, improper activation due to negligent acts or omissions 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 earthquake, storm, or other violent, uncontrollable acts of nature, shall not constitute a false alarm. (i) Monitored Alarm System. "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 2 : ALARM BUSINESS REGISTRATION. It shall be unlawful for any person to engage in, conduct or carry on any alarm business within the City of Dublin unless such person has first registered an intention to engage in such alarm business with the Dublin Police Department, giving the Department such information as it may require, and has displayed to the Department a current, valid license or permit issued by the State of California, where State law requires such a permit or license. Section 3: DISCONTINUATION OF BUSINESS . Every person engaging in, conducting or carrying on any alarm business within the City of Dublin shall within thirty (30) days of its discontinuance of the business within the City, notify the Dublin Police Department in writing of said discontinuance. Section 4: NOTIFICATION OF INSTALLATION OF AN ALARM SYSTEM. Each time an alarm business sells or installs an alarm system within the City of Dublin, it shall notify the City 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. Section 5: AUDIBLE ALARM SYSTEM. It shall be unlawful to buy, sell, install, or operate within the City of Dublin an audible alarm system which upon activating emits a sound similar to sirens in use on 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: AUDIBLE ALARM SYSTEM SILENCING. It shall be unlawful to operate 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 the circuit is broken, the system shall not rearm. f Section 7: INSTRUCTION AS TO OPERATION OF ALARM SYSTEMS . Each alarm business and alarm agent shall provide accurate and complete written instruction to the alarm system user in the proper use and operation of said system including but not limited to the avoidance of false alarms. All businesses which sell alarm systems, but which are not "alarm businesses" or "alarm agents" as defined in this ordinance are similarly responsible for instructing the buyer of the alarm system in the proper use of said system. Section 8: NOTICE OF NAME OF SERVICER OR OCCUPANT. Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. Section 9: RESPONSE UPON NOTIFICATION. Upon notification by the Police Department, the person or company named in the notice required by Section 8 of this ordinance or the representative of such person or company shall promptly proceed within at 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. Section 10: MONITORED ALARM SYSTEMS. The provisions prescribed in this Section shall apply to all monitored alarm systems whether operated as a silent alarm, audible alarm or a combination of both. (a) It shall be unlawful to buy, sell, install or operate any alarm system which, when activated, causes an alarm to be sent directly to the Dublin Police Department by an automatic dialing system. (b) It shall be unlawful for anyone to advertise, sell or install an automatic dialing system with the intent or instructions that said system may be utilized or operated to directly call the Dublin Police Department. (c) Any alarm business or alarm agent which operates a monitored alarm, shall, if notified by the Dublin Police Department, provide a representative of the alarm user to respond within thirty (30 ) minutes to the scene of the alarm and render necessary service . This service shall include opening the premises in order that the origin of the alarm may be determined and appropriate action may be taken. Section 11: STANDBY BACKUP POWER SERVICE. All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner which does not activate the alarm. Section 12 : RESPONSIBLE PARTIES-FALSE ALARMS-PENALTIES. (a) No alarm users, alarm agent or alarm business shall have or permit more than one (1 ) false alarm at the same premises within any thirty (30 ) day period. (b) No alarm users, alarm agent or alarm business shall have or permit more than two (2 ) false alarms at the same premises within any ninety (90 ) day period. (c) No alarm users, alarm agents or alarm business shall have or permit more than three (3 ) false alarms at the same premises within any one hundred eighty (180 ) day period. Section 13: VIOLATION. Any person violating any provision of this ordinance shall be guilty of an misdemeanor. Section 14: APPLICABILITY TO EXISTING ALARM SYSTEMS. The provisions of this ordinance shall be applicable to an alarm user who uses, operates or maintains on his or her premises an alarm system installed on or before , 1987, thirty (30) days after the effective date of this Chapter. Section 15. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage . 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 AND ADOPTED by the City' Council of the City of Dublin on this day of 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk