HomeMy WebLinkAboutItem 6.2 Alarm System Ordinance CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 13, 1992
SUBJECT: PUBLIC HEARING: Revisions to City of Dublin
Ordinance Relating to Alarm Systems
Report Prepared by Dublin Police Services Staff
EXHIBITS ATTACHED: 1) Ordinance No. 29-87 (Chapter 5. 20 of
Dublin Municipal Code
2) Revised Draft Ordinance Including List of
Fines for False Alarms
3) Redline/Strikeout Copy of Chapter 5.20 of
Dublin Municipal Code
RECOMMENDATION. ) Open Public Hearing
� 2) Receive Staff Report
3) Receive Public Testimony
4) Close Public Hearing
5) Deliberate
6) Waive Reading and INTRODUCE Ordinance
FINANCIAL STATEMENT: See below.
DESCRIPTION: In April of 1987, the City Council adopted
Ordinance No. 29-87, which related to Alarm Systems. This
Ordinance was codified as Chapter 5.20 in Dublin's Municipal Code.
Staff is proposing to modify this Ordinance to establish minimum
standards and regulations applicable to alarm systems, their
installation by alarm businesses or agents, and their operation by
alarm users within the City of Dublin.
In calendar year 1990 Dublin Police Services responded to 756
false alarms; of that total, 640 false alarms were commercial
structures. In calendar year 1991 Dublin Police Services responded
to 1,037 false alarms to commercial and residential structures
(there is no breakdown at this time between the commercial and
residential false alarms) .
Response to any alarm, whether commercial or residential,
presents a potential danger to emergency responders. An alarm is
a notification that either a burglary, a robbery, or a serious
assault is taking place. Police Departments, given their position
in the community as public protectors, must respond to each alarm
with the attitude that a felony is being committed. Emergency
responders travel to the scene of the alarm within the provisions
of the vehicle code but may have to rely on emergency equipment
(lights and siren) to respond in a timely manner. During an
emergency response the potential for an accident is heightened.
Depending on the type of alarm (in-progress robbery/hold up alarm,
entry, etc. ) additional police units may be diverted from their
patrol duties in such a manner that other enforcement concerns are -
delayed. There is also a potential danger to citizens due to the
emergency nature of the response.
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COPIES TO:
CITY CLERK
ITEM NO. FILE
Coupled with the potential dangers of responding to false alarms to
both police and citizens is the cost factor associated with sending
police personnel to a false alarm. Approximate costs are as
follows:
Single alarm: 2 officers dispatched with 10 minutes per
officer average (this time estimate does
not take into account the occasion where
the patrol person may have to wait an
extended time for a business owner or
representative to respond when warranted) .
Workhours: Approximately 20 minutes used per alarm
for uniformed officers response.
Supervisor: Approximately 10 minutes used per alarm
for uniformed supervisor response.
City of Dublin Direct and Indirect Costs: The total
direct and indirect costs incurred by the
City of Dublin associated with uniformed
response to an alarm call; factoring in
wages and benefits for officers, clerical
fees, vehicle costs, and dispatch fees,
are approximately $55.89 per hour.
Cost per alarm: Using the times required of
personnel to respond to each alarm (20
minutes for patrol person response and 10
minutes for supervisor response) , the
average cost per alarm response is $27 . 94 .
Using the above figures it can be seen that in calendar year 1991
the total of 1037 false alarms resulted in a loss of police
services to the community totalling $28,973 . 78.
The primary purpose of modifying the Alarm Systems Ordinance is to
educate alarm users and alarm agents/businesses to the problems
associated with response to false alarms, and to work with the
alarm users and agents/businesses in improving their alarm systems
so that false alarms are dramatically reduced. Modification of the
Alarm Systems Ordinance also provides a workable ordinance.
Following review of the original ordinance by the District
Attorney's office resulted in a decision that this ordinance would
not be charged (either through the District Attorney or the
municipal court) as a criminal offense, thereby making the
ordinance unenforceable by the City. A reduction in false alarms
also provides a safer environment for both police and citizens in
that the potential for accidents involving emergency responders is
reduced. This would provide another potential savings to the City
that cannot be estimated at this time.
COMPARISON BETWEEN EXISTING AND PROPOSED -
ALARM SYSTEMS ORDINANCE
Referenced to sections in codified ordinance;
see attached "REDLINE" copy:
5.20.010 APPLICABILITY AND PURPOSE - wording has been amended
from original ordinance (delete "alarm user" and add "any person"
and delete reference to date of installation in relation to
original ordinance)
5.20.020 DEFINITIONS - wording has been amended from original
ordinance (an additional reference to intentional activation of an
alarm inserted)
5.20.030 REGISTRATION REQUIRED - wording has been amended
from original ordinance (requires anyone doing business within
Dublin to obtain a business license and possess a current State of
California license or permit as specified under the Business and
Professions Code)
5.20.040 NOTIFICATION OF INSTALLATION OF ALARM SYSTEM -
wording has been amended from original ordinance (addition of "and
Police Department")
5.20.050 OUTDOOR AUDIBLE ALARMS PROHIBITED - wording has been
amended from original ordinance (deletion of "unlawful" and
restricts ordinance to alarm agents, businesses, or users)
5.20.060 AUDIBLE ALARM SYSTEM OPERATION - wording has been
amended from original ordinance (deletion of "unlawful" and
restricts ordinance to alarm agents, businesses, or users with
additional reference to buying, selling, and installing an alarm
system)
5.20.070 PROVISION OF ALARM SYSTEM INSTRUCTION REQUIRED - no
change to existing ordinance
5.20.080 POSTING OF SYSTEM NOTICE REQUIRED - no change to
existing ordinance
5.20.090 RESPONSE UPON NOTIFICATION - wording has been
amended from original ordinance (addition of provisions for subject
of response to notify the Police Department if they cannot respond
within the required 30 minute time span)
5.20.100 MONITORED ALARM SYSTEMS - wording has been amended
from original ordinance (deletion to references of "unlawful" and
ordinance narrowed to prohibit any installation or operation of an
alarm causing such alarm to be sent directly to the Police
Department)
5.20.110 STANDBY BACKUP POWER REQUIRED - no change to
existing ordinance
5.20.120 NOTIFICATION OF DISCONTINUANCE OF BUSINESS REQUIRED
- formerly section 5.20.130 (in original ordinance) ; no change to
wording from existing ordinance - section 5.20.120 in original
ordinance (FALSE ALARMS - PENALTIES) has been deleted
5.20.130 FALSE ALARMS: NOTICE, REMOVAL FROM THE POLICE
DEPARTMENT'S RESPONSE LIST AND FINES - entirely new section
establishing Police Department response criteria and establishing
fines for repeated false alarms within a specified time period
along with notification provisions for the alarm user and/or
business and provisions for non-response by the Police Department
for abusers
5.20.140 APPEAL - wording has been amended from original
ordinance (deletes reference to "discontinued" service and amends
this to placement on the "non-response list" with provisions for
appeal to City Manager)
The Alarm Ordinance has provisions for educating the alarm users
and agents/businesses following false alarms and further
establishes a fine(s) to businesses and residents not correcting
faulty alarms or faulty alarm use practices. Repeated uncorrected
false alarms will result in a notice of non-response by the police
department and the offending party can only be put back on an alarm
response list after meeting all applicable conditions as specified
in the ordinance, including payment of fine(s) . There is no
estimate of potential revenue to be derived from the fine(s) .
ORDINANCE NO. 29 -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 .
2 -
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.
3 -
r
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.
5 _
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 27th day of Aoril , 1987, by the following vote:
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and 1,4ayor Jeffery
NOES: rdone
ABSENT: None
Mayor
ATTEST:
City Cler
6
f
ORDINANCE NO. - 92
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN
PROVISIONS OF THE MUNICIPAL CODE AND 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 , 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.
114\ord\alarm.ord —1—
"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.
114\ord\a1arm.ord —2—
"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:
All 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.
114\ord\alarm.ord —3—
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 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. 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.
114\ord\a1arm.ord —4—
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 OF
DISCONTINUANCE OF BUSINESS REQUIRED
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 LIST AND
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 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;
114\ord\alarm.ord —5—
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
resulted from conditions beyond the alarm
114\ord\alarm.ord —6—
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 f ine may appeal such order or f ine 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.
PASSED1 APPROVED AND ADOPTED by the City Council of the City of
Dublin this day of April, 1992 , by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
114\ord\alarm.ord —7—
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5.20.050 Out
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5.20.060 Audible alarm system 5.20.020 Definitions.
operation. For the purpose of this chapter the
5.20.070 Provision of alarm following terms, phrases, words, and their
system instruction derivations shall have the meanings here-
required. after respectively ascribed:
5.20.080 Posting of system notice "Alarm agent” means any person
required. employed or hired by an alarm business
5.20.090 Response upon and whose duties include altering, install-
notification. ing, maintaining, moving, repairing,
5.20.100 Monitored alarm replacing, or servicing an alarm system
system. or responding to same.
5.20.110 Standby backup power "Alarm business" means any activity
service required. carried on by any person operating for
5.20.120 any consideration which includes the sale
loafe'ao ;o.:t and installation, maintenance, alteration,
± fscozu'a`nceo or servicing of alarm systems or which
us e6s:re 1 -0.4 responds to such alarm systems.
5.20.1 infific f "Alarm system" means any assembly of
discontinuance o equipment and devices arranged to signal
lmsine ss-requirecr the presence of any condition upon
premises within the city to which an
:
r.emova .;from.the. Pollee emergency response by public safety
IUepartmentl;s.,response .:h t personnel would commonly occur. The
... .....
nd:<::C[rt: term "alarm system" shall include any
5.20.140 1 equipment which is designed to detect
peals_ an emergency or which is designed to be
...................................
activated by a person to report an
...................................
...................................
5.20..010 Applicability arid:> ''ur oSe. emergency.
The provisions of this chapter shall be "Alarm user" means any person who
applicable to an alarni user who uses, owns, operates or manages or is entitled
operaites oi maintains on his or her to possession of any premises in the city
an Mann system installed on or on which an alarm system has been
june 2 , 1987, thirty (30) days installed and operates.
afteir the effective date of the ordinance "Audible alarm" means any alarm
codified in this ch - 4AH. 29-871 system, which, when activated, is capable
> of bein heard within h premises t the re ses n
">< e
d
the immediate area thereof.
137
Auto m atic d i al mg system" m ea n s any ..!.a'::r::<:<e,...9u;.;.s...:;�;.;.............................;�<s.>�><: :G.;w.
�t htt;.t:<h�.;.;: : : .. f ....
; : ;:::>:r > > '» :;:; ::
alarm system which automatically s ends n.;
over regular telephone lines, by direct c Cy shall qbt Yn busies li..nse.
r
ded Alen>:> t e
Z > >bsbes »'1cxse
r r
connection or otherwise, a prerecorded
t�";:�:;::»<>"'.�Pl:.;f��;:;:f.>s:: h '`.;r>':voice message indicating th e e xi ste nce o f
a condition upon remises within the city
tfi; :::crt 11 r farmat�an.: s:,:r .; qrr.:. d:::;b.;
P P Y q ........... ..
n response he civ s ` ns: f><.<: >'a>ter::»` . »<>>><T1a
to which an emergency espo by :: Q.;:.;:.::::¢:::::: .:.:P.::.::.::.::.::< .;:.::< ..::.:::: ::.::::
nl
1 commonly <>>::` enfi ` '>':'I' `: ` rade::::evrde: :shat
public safety personnel would co Y PF :.: h„1t::>a.;: P.::::::
0 occur. C�#' <<:; ti<<>vt
1 R.A.,;:.:;:.::.::.: :.::.;:.;;;:.::.;:.::.;:::.;;:::.:;:.;:.::.::.;:.;::.::.:::.:::�:.:::.::;:.;::.:.:;:
i n m n an office to 1<<;:.. ;::;:.: > 'r<:;:;.:<:;:>`.a` , `<> < ". > ,,
"Central stat o means cq se q .............................sled by the State
whic Ph monitored alarm and supervisory al fotn a ":>.r ' ao<" Via`ter'1 `f
rY 4;:.;:.::.;:.;:.;;;:.;:.;:.;;:.;:.;;;;;:.;:.;:. ? :.;; :.;;:.;:.;:.;:.;:.;:...........;:.;P:.::...:...............;:; ?...
where devices are connected, e e I7 uzgoly..f<the:B zszhess nd<Prr
Sion,
signaling
bode tXGti ;wt .( 4operators supervise h circuits', and :9 ).
where personnel may be maintained 'the )?Qlceeartment shad relvany
srcen' . ....................................... .G..M'continuousl Y to respond to and s<l ............ ...
.
alarus deft::: e: : ' z#
..e ...<....as in v est i gat e signals, a n d which signaling
lie g m ..............................................................i..........
devices ar listed by
Laboratory.
"False alarms" means any improper 5.20.040 Notification of installation
activation of an alarm system, including, of alarm system.
but not limited to, improper activation Each time an alarm business sells or
due to negligent: acts or omissions, installs an alarm system within the city,
7ntentronal actrva i gn when unwarranted, it shall notify the city
acid IglIce
or to equipment malfunction. Improper
elatzfin writing within ten (10)
activation of an alarm system caused by days thereof. The notice shall include
an event out of the control of the alarm the following:
user or alarm business, including ....... lot A. The name, address, and
1'i it: earthquake, storm or other telephone number of the alarm business
violent, uncontrollable act of nature, shall or its alarm agent;
not constitute a false alarm. B. The name of the alarm user
"Monitored alarm system" means an and his or her business address,
alarm signaling system which, when telephone number, residential address
activated by an alarm device, transmits a and telephone number;
signal to a central station where C. The location, classification
appropriate action is taken to investigate and purpose of the alarm system; and
and respond to the signal. (Ord. ) D. The name of at least one (1)
other person responsible to respond to
5.20.030 Registration required. the alarm site and the business address _
it is niflawful for any person to and telephone number and residential
engage in, conduct or carry on any alaim address and telephone number of such
business within the city riniess such person. (Ord. 29-87 § 4)
person has first registered an intention to
engage in such alarm business with the 5.20.050 Outdoor audible alarms
Police Departmrl-iit, giving the prohibited.
Department such information as it may ft is milavv ......
......
ar alarm user shall buy, sell,.install; flr
, operate.within the city an audible alarm
where state law requires such a pennit, system which upon activating emits a
or ficense. (Ord. - sound similar to sirens in use on the
138
emergency vehicles or for civil defense 5.20.080 Posting of system notice
purposes. For the purpose of this required.
section, any electronic sounding device Every audible alarm system shall have
that produces a variable pitch tone shall a sign or notice posted on or near the
be considered similar to an emergency audible device with the name and
vehicle siren. This section shall not telephone number of the person or
apply to sirens mounted inside a building company responsible for the maintenance
which cannot be heard from outside of of the system. The notice shall be
the building. (Ord. ) posted in such a position as to be
readable from the ground level outside
5.20.060 Audible alarm system and adjacent to the building. (Ord.
operation. 29-87 § 8)
it is triflawfai to operate an �ndffiie
alarin system which does not silence 5.20.090 Response upon notification.
Upon notification by the Police
rninates from the ffine of activation. ....
Department, the person or company
na m ed in the notice re u fired b Sect i n
a;l;;;; ` 11_>> ;.,..,...1 » r 5.20.080 of this knee `' ``der or the
a ar s t spa.:: <: pY....: >:::>:.::......> .... P.::::;::.
........
operate r�nthir the city Sri„audible:..M iarrr representative of said person or company
syslern which does not silence wz�thin a shall promptly proceed within at least
thirty minutes to he scene f the
1 ':>:mzautes
t t 30 ut s t s e o
ria rrxxuza t e<<of e z.........::> y ( )
omh;e; e alyttzn ;If the alarm alarm and render necessary service. This
system has an automatic cutoff with a service shall include, when necessary, the
rearming phase, the rearming phase must opening of the premises so that the
be capable of distinguishing between an origin of the alarm may be determined
open and closed circuit, and if this and appropriate :action may be taken.: If
circuit is broken, the system shall not such person or company cannot respond
rearm. (Ord. ) v�thi. the specified time the person or
::.. .: .. . ..CQm aft s. ... . . .;c:>:;the....: Y :
5.20.070 Provision of alarm ,epart» e, t_: .:::::::( es.ptie....>::::::::::be
................
.............. .................
system instructions (Ord. )
required.
Each alarm business and alarm agent 5.20.100 Monitored alarm systems.
shall provide accurate and complete
written instructions to the alarm system section shall apply to all nionitored
user. Such instructions shall describe the alarin systems whether operated as—a
proper use and operation of said system, silent alarm, audible afarm, or
including but not limited, to the C0111biriation of both.
_
avoidance of false alarms. All businesses A. it is unlawfuf for anyone to
which sell alarm systems, but which are instafl
not alarm businesses o r "alarm agents"
ala : : :. :r`:s..... n;::.;d
.;:.;:.::r
as defined in this chapter shall provide ;permed. ., t. .;Clue. cfty. uhteh� when
written instructions as defined herein to activated, causes an alarm to be sent
any buyer of an alarm system. (Ord. directly to the Police Department by an
29-87 § 7) automatic dialing system.
B. it is unfawful for anyone to
adve,tise, sell or install an antomatiC,
diafing system with the intent oir
instructions that the system inay be
139
UtifiLed oi opetated-to directfy calf the t more than thiee (3) false alaims
Police Department. at the same premises within any one
alarni. agent which operates a monitored 29-8 -§- }
alaim, shalf, if notified by the Pofic�.,
5.20.130 False Alarms: Notice, removal
the afann user to respond within thitty from the Police Department's
VjV) 1111nates to the scene of the afarail response list and
:::
�>n es
.
< :<` <'
sinthfoll.....o..
des g o al .::a..a..................................::::.:. :::::::.
FICIMSCIS in orde, that the migin of the
alarm inay be deteimined and Mri`anz er
appiopriate action may be takem ' (Ord. v
: rt .................�
20.110 Standby backup power res di✓n'ce ;; ...... :::b.............:....::.:.......
5• Y P P
ar .
price::::> an.... 1 .�
required res d .:.::.::::,.::::::::::::::::::::::::::::::::::::::::
All alarm systems shall have a ??lcY:.... nd trdnne : nta ouYi
standby backup power supply which will any expected remedial action.
2< > :>:: :>.< >< < false' >>alazzns< <h..... n..
automatically supply Power to the alarm Z' .. . ::.. . .. .::::...
n interruption in power
system should any P :.;:.;:.;:.;:.;:.;:.;:.;:.;::;:;:
occur. The transfer of power from the epazYirtenl sha l mad copy
primary source to the backup source alarm ordinance to the business pr
must occur in a manner which does not TSLE1IC2'
activate the alarm. Ord. 29-87 § : ' >>< `.. 5 ::::::...:.:.z s.:::::.. :.::::....... ..
...........: r ad:.;::,;:.;:: .;> : .;:.::.;:.;:.: :.:: ;;: :.;
58:136 ..... .... ........g :::. :::.:::<:.:::.:.:.::.::;:.;:¢..;;:.;;;:. ;;;:.;:.;:.;:.; :.;
`'::'`o`:>1es e
ifi tin of tfie€€ >' fl er :::arm::" <` e°ownerr.. r... . se .
5:24:, 20
Notification o PP.; J':.;:.;:.;:.;:.;:.;:.;:.;:.;:.;;:.;:.;:.;::.;::.::<.;;::.;:.>::.;:.:;:.;:;.;:.;:.;:.;:.;:.......::.::.::.::....
discontinuance of f ;;:.;; : PY::«<:» <.>:«<:::;;:; :.::.;:.;:.;:.;:;1 ::::::
business required. Ca encr:;ddys, 3. e :.Z3epnep
Every person engaging in, conducting sliall place that alarm system on the
or carrying on any alarm business within F'...Me Department°s nan resganse Iis1,
the city shall provide written notice to 4 k'tvc false alarms illy
:...........;:.;:.; ..,:::::::.:.............,..:::.
>1. <> >''
» :<:`<,
the Police Department within thirty 30trl:et>': d'a' 9C>'< ..er::od.,::::::: .:$��(}}::::.ne
P Y )
.............. Y Y ) YP
days of its discontinuance of the business shall be levied against the owner or
within the city. Ord. 29-87 § 3 lessee: afe<:> :z:. . .;::rt. r <:the:::;:Pzlze
�3e .axt 'grit::::>>s� �] <<
5.26J20 False alarins—Pena n
. s ste ;::Q:;............ ?:......;;;:;:; epax r�e:.:;;ts
n!on ;res»<4riSIst� rt� _
............. F ......................::::.::. ................
a:: mns>tiv Il>i es lfi
f'ce
s within any thirty (30) da,
epaxt s::: ;......::.;an :»»:::p::.>ar
actrl r�r>assessment: within..then ece
per -m
: ..::. .:........A.::.:.......::
:.::.::.:::::.:::.::::.:::::::.:::::::.:::::::;:::;::::.
almai business shall have or
8 > > liFltc >]D ': twit> ia`«":zac
HIM, two (2) false alarms at the same z a:armysem ,»>::::t. ion resparts
xx
s within any ninety (90) da fi`'t ..... hi✓ >aYarrri««v e :::>::::uTten ionw.
s <
pewact.ya;: ...... h...:::......:::..:::rm.....;::Y.:::;:: ::::»:::;:.;.:::::::::.;:.;:;.::::::
«; :<>«:: ....... :> >::>:<,>:«:;>:;>° .S. ;<
:.:::.:::::
age Mts 0, alatin businesses shali have or emexg Y..situ Y t?ris c c e at...Y.....hps
140
• l
2 14 Appeal.
5
. 0. 0
ds'for �u��c�»���:::................... ...........
ect.:n:>:>t .
oideied discontinued ande, this chapter
Pert> > e ;Palr;;c' :: :: .:::::::::::::,:.:::::::::::::::::::
fur is:>'< zolib'e::> it= zatrus:tinlarzi
>" > sriess<ax«resi° :ex° e>"led
...
Manager within ten (10) working days
>::<`'e
;:... ineri >: >;>' �: 1�ced>o�-..:fib from the date such order is isstred. if an
"<art b ........«::
:cem.. .... ............
;::.;':.y'Jiiiii:'':'iiJii:�i'.::;'.;':.;�:::r::�:<•iifF.:}iii:: ..;:..i:h:<6:..::.:.A::.:...:.....;}iiiii"::..
i:i:•:iii:ti::•iiiiiiiiiiiii:i:i•:::•.�:::::::::::::::::::¢iii:i::.iiiiii::•i:v::"iiiiiiiiii"':::vii:•::•:'^::-iiii::
iii"'<;: :'::...:}:•'.;,. _}
issues a de
widen e>::::a : .a , i utsta d.::::. . es and .......::.:..:::::::.:::::::;.::::::
:::::.................P...'......::::: :::.:::::.:.:::::::::::.:::: :......::::.::............ ::::::::::::::::..:::::::::::::::::
��7CE
`»fie: '3L�TIIe�T: . .
..:>:«:,:::»:<:i>:ii•ii:.i.:;.::.::.i:;.;:: ::.iiiiii:.i:•iii:.............
::: <•ii:..:.,. :.ii: :::::>::.': .::::>::��:�e::':::>:�r13r121>�7�5'.
.:::........................................... ::::::::::::::::::::�
i:.i:.i i:.i .; ::i:.i:.i:.. .
"te>>
<::::e aster l>< ?ithizt>>ahe»< rec.. zn yes. onse,:> s :.. z ..nt:::....:::...........:............................
b..e.en.:.:z..: .............:..:::::::::::::::::::::: ::..: .::::.::.......... : P.:.::::::::::... .::::::::::.:::.::::::::::::.:::::::::::::::::::.:::.P:::::::::::::.
::::::::.::::::...........................P.................... :
tl da :«::: Q.... ero ...................................................... a has rec a £�na ape s €
::: .:.i.:.: i
<:»>:<:>: h <:<::> > anar.: t .:
e...::::::: .:::..c..e.::::T ..:....................
.............................................................. ...... ................
i....i.:::::..:.:,. ..:...... :....:. ..
n ti an::>::alarm;:<user or:<a1r:.:mus�nes
::...:::.....:.
..: ::.: . .,.:....i:.::..... :...::::. .;,, .,..:. :;.i:.i::. i:.,....;:: .....:.:...:.i:.: .i::...,:..: :.:
v�olatlon:::;:b ....sectlan . :;52t<03Q; u�h oxdex car fine:;::If:ian a dal:: s flea;
21.040
,:..i.;:..v.:•:�:.:.:::.:�:::: �:::::::::::::::::..'::vi:;•i iiii:iiiii :^::..:::: :::::::::::::::..:::.:: ... :•::::: V-�::::::.:: .�::::::::::::::::.::::::.::.::).:.:::::.iii•:.i':.:<.i"..:.i::.iiii':;::::::.:.:.....:.
i.
`T1� nQtiGe::>:>shall< nform <the tale Citar�a er's ruin on :..ea e:.:
... .......... Y..................
g........................ ...........
.. . .. ... ...............I?p.........
Ia rn:::us: x: :qr afar buslne s::that.. ...
Il \ord\al arm red
aIarrn system has been plaCeel
on
the 4
p 'ee»> :e> tznerit7s« t.. €-:ze.; :t sets
peU ion to the Police Tepartment, once
acb <> contitQrs>::::
:::U...:..:....
:: .
tts£le ............
. :::::.::....
The prpvlslons of. Section
S Q 10 shall not apply tlurzng the first
tl y», 3(1 :::days aft �nstallat3on o a>tt
1a »systeri>;iii:.;:.::.i:.i:::::.:......................................................
Bemdnsrats tath .i Pcice.
rt
Depazne�at
tla >««an:: <false>«<alai m><<> esuted < iro
ca�dli:�ons beyond <the; al�,r� user
t6fiffal :arid:.M t. as Airesult of negl7gen�e
of`the al axm user :or any of hls or her
;Io< eso:r ....:........s>»�r<��zl#:e..ai
W'a not aware or sboul not have been
r o an:'« ie eet<in>>th:E>alar n<..................
-
au .i Y:...ii;;:
siicli fa15e alarm`::shall n+at be deemed a
wise ala><x as that tetz si used n thts
S-04 b.
141