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Item 6.2 Alarm System Ordinance
CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 27, 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 ADOPT Ordinance FINANCIAL STATEMENT: See below. DESCRIPTION: On April 13, 1992, the Dublin City Council held a public hearing and introduced the Staff Report and Revised Draft Ordinance. 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. ------------------------------------------------------------------ COPIES TO: ITEM NO. CITY CLERK FILE 810 a- 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) a 5.20.070 PROVISION OF ALARM SYSTEM INSTRUCTION. REQUIRED - no change to existing ordinance 5.20.0$0 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 otherwis.e, 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. ' shall be unlawful to buy, sell , install , or operate within th 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 . (3.0 ) 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, Mof�att, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None Mayor ATTEST: City Clerk,,) 6 - r 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\alarm.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\a1arm.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 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 day of April, 1992, by the following votes: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk 114\ord\a1arm.ord —7— Chapter 5.20 ins..: :.:::.:::::. e artn sys>e :: $taped <aid: a' a.. r ALARM SYSTEMS and an alarm ent ter alarm ...... us t................ 4. e Sections: 5.20.010 Applicability and purpose. orduace ce�dt£ied X this chapter ter: s::t4.::::r.... 5.20.020 Definitions. p::.;.:. :..:: :;;: ...p. t o g 5.20.030 Re aistration req uired. z. b 5.20.040 No tification of . ��?.;::;:;:;:;»;:.>::>::>;:<;:.>::>::>::>•::<:»::>;:>:<:.:>:;::.><;:.;:.;;;�:.;>::>::»::>::>:::::::.:::.::.::.::.::.:::::::.:: installation of an alarmpstllaoz . :. : Ixt7 buSnesseStaetSx system. end their pperation by alarm users as defined>€areiri >?::O .ti > <»> < > 5.20.050 Outdoor audible alarms .......................................;;.;:.:;�;;;.;;:.::.;;;;;:.,..,:.,.,.,,..; prohibited. 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 False alarnis-Penalties; any consideration which includes the sale Totfcato: :a and installation, maintenance, alteration, discontrz:uane of or servicing of alarm systems or which :uses: ed: responds to such alarm systems. 5.20.130 tifrca' 1 of "Alarm system" means any assembly of equipment and devices arranged to signal business re the presence of any condition upon aIseAI'arris' otee' premises within the city to which an rerioar< o '`:`tlePol; ce emergency response by public safety Department s response last personnel would commonly occur. The audfns term "alarm system" shall include any 5.20.140 equipment which is designed to detect ADI)e& an emergency or which is designed to be activated by . a person to report an 5.20.010 Applicability and :Purpose. emergency. The provisions of this chapter shall be "Alarm user" means any person who applicable to an alarin ase, who uses, owns, operates or manages or is entitled opeiates or nniinLaM3 VII his or hei to possession of any premises in the city on which an alarm system has been belLffin- Rine 27, 0/ hirty (30) days installed and operates. after the effective date of the ordinance "Audible alarm" means any alarm 29-87 system, which, when activated, is capable of being heard within the premises and the immediate area thereof. 137 "Automatic dialing system means any engage zz�, coz�dttct ax ends `ear rt< 'at :>afartri<busweswtiar <<tll alarm system which automatically s MIS over Y »n b direct c >s 'all >4%tan ><a<;>bus ..:.ss....:.::: :::: s:::. over re ular telephone lines, y tY g P connection or otherwise a rerecorded Al'oz� : .:.:.:._::. :.;::: o P voice message indicating the existence of appleatxor�, appl�caztt shalt prouzde tt a condition upon premises within the city Xe city alt tnl'orrnatlart as requiredy response ns >Q M-4 p t to which an emergency b Y ersonnel would commonl .: :lcanfi: hl. also: ra? de. eudezceshat public safety p y -occur. e:aplzct p©ssesses a t~utxent>:::valid "Central station" means an office to license or permit as zssuecl by the State which monitored alarm and supervisory pf Calforla` ursuariti'tQ Chagier 1 f wh :. P signaling devices are connected, wherelvzszon 3 of fihe Business and Professztyrz operators supervise the circuits, and od < c:om.: .. g where personnel may be maintained ' 'he Police Department shall re�Iew any continuously to respond to andiuszness license application received frazn investigate signals, and which signaling an alarm business as defined herezrz devices are listed by Underwriters' Crd 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,, 7ntenttanat activation when unwarranted, it shall notify the city and Pe1FCe or to equipment malfunction. ImproperDepartment :in 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... b alarm the following: .. ............... user or alarm business, including tint ' t A. The name, address, and li f .. o:: n 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 uIllay—,"i ful any Pelsoll to and telephone number and residential engage address and telephone number of such person. (Ord. 29-87 § 4) tv- engage in stich a! Ill! business vvith the 5.20.050 Outdoor audible alarms Police Cyal , prohibited. Department stich C13 it may it is m-Aawful to ................................................. . ..................................�........................ ...... cAnd has displayed to the pa�larm user shall buy, sell, install, or I;ILTartment a cu IC,-11L, valid license -or p`ere' withn the city an audible alarm P'-'Inlit issued by the State Of E-alifornia, system which upon activating emits a sound similar to sirens in use on the 138 r 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) ft is tinia"fial to operate all ,�ndible 5.20.090 Response upon notification. Upon notification by the Police illinates from the time-of-activation. Department, the person or company N larm....... ms, or named in the notice requ i red by Section alarm user stall buy, sell, install, or 5.20.080 of this ordinance chapter or the operate witun the city an audible alarm representative of said person or company sy$fem which does no# silence w�tH a shall promptly proceed within at least a :riuz ;.:<tun :o fiffeen: :( Sj: minutes thirty (30) minutes to the scene of the :..: . <??1?:,the.:tlrne t? c€vat1oT?, 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 o en and closed circuit, and if this and:appropriate action.::may:be taken.:::.. f P circuit is broken, the system shall not such person or company cannot resppnd rearm. (Ord. ) within the speczf.... #�me the person nr ce Poltce 5.20.070 Provision of alarme wit be system instruction 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 alf monitored user. Such instructions shall describe the ahmn systems whethe, operated as proper use and operation of said system, sHent alai in, audible alarm, or a" including but not limited, to the C0111bination of both. avoidance of false alarms. All businesses A. it is unlawful fol allyorle to which sell alarms stems, but which are ::::::,>::: »:..::. Y . €aped>«a alarm businesses or alarm agents" No.::.;aa .,systezzl,.m� .;;b,e, ;�z�s, , ,,;;,,,;,,;,,,,,: not g as defined in this chapter shall provide operated .. tp. the....etty wti%eh, 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 unlawful f-pi arryone to adveitise, sell or install an antoinati dialing, system vvith the intent 01 institictions that the system may be 139 UtifiLed _0I operated to diiectly call the Fenn., moic than three (3) false afarmas Police Department. at the same piernises within arry one e. 24my -aim in business or handied eighty (180) day period. ((3,d. 29-8712)) 5.20.130 False Alarms: Notice,removal the alarin aser to respond within thirty from the Police Department's 111intites tor the scene of the afam response list and and render necessmy sei vice. This Ah",9. despond to false ......? zn the fgllowrng ................................................. manu:ez s..:< >a azin'><: >:>an o>:>::.: .: ::.::.::.;:: :::::.:.:..:5 ::.:Y appropriate action May be taken'-. ' (E)rd. .....: .....:....:..... :... ,r I 'e an ent'»u .. cad ><tht✓ >bu..5..... s. :.:.o.. 5.20.110 Standby backup power zestdence and advise such business ar required resFdezGete ; :tezcaf;;;arz ::aar In All alarm systems shall have a policy arcd ordinance and shat outline standby backup P ower supply which will e P.:...;:.;...e. : .r.�.'.. e..°c.... ::::::::d::::::::::::::::::::.;:.;::.;:.;;::; any automatically a`lse<>ala a supply power to the alarm �'< `I'kix.. ..._:::f.,....:..::::::.......r.........:::::.... y Y PP Y P interruption in power met .>'da"<`< `.... ... exzod`< -- >€the.....polzc system should any P P Y Y f:::>:<::>)::> < : :::::.::.::.::...... Y occur. The transfer of power from the bepartrnent sal rnazl ' copy of primary source to the back-up source a.:arm:..*,::ordnance to the Uusinessr 1. must occur in a manner which does not resd:epee::»»:.:::.» .::::..:.:...,.... ; :...:.:::..:..:.:.:.::.::::.:. .:::::.:::::::: ::.. :::::::::::::.........................:::::::::.. activate the alarm. (Ord. 29-87 § 1 ) <> ..0 ::.: ......:........:..:.:....:zras. Y ........... .5. !::::::: 5.20.iM lie levied aaaznst the Owner Qr lessee of ;5:20.120 Notification of fihe..property and zf the owner oz lessee discontinuance ofazls to pay the fine wzthzn ten STD) business required. calendar days, the Ppllce... ?eparttnent Every person engaging in, conducting Shall place that alarm system an the or carrying on any alarm business within Police Department's non response Izst, the city shall provide written notice to 4 kzve false alarms ixz anY the Police Department within thirty (30) n�neCy day„ 9q) day period a $2p dine days of its discontinuance of the business shall be levied against the owner ar within the city. (Ord. 29-87 § 3) lessee of the property_ and the Police 7epaztznent shah place such alarm 5.20J26 False ahal 111v-Penal ties. d::.;>:.;:.;:.::.;:.;:.;:.::::... .: ...:.:.:..:::....... e .......... ;::: ; .;: S. ...... or r”Ad I st <and........ ......................................... alarin business shall have 01 F',1111.ft 11A)IC -5... Any further alarms will resulfi than 011C (1) falst- alai-Ill at tile Sallie zz <» >rio > >res>::orise ><><> :'<.........h ......... .. "ce p : :.::.:.:.;:.;::.;Y:.::.::.::.::.::;;::.;:.;:. ...... s within any thfity (30) day Department, regard ess fll any p o. period. c ar e ass s rriet t u?t the s : 'cif c lnet>-da': (9 : ' era;ate............................................... aiarm business shall have or The Palace Department znay place than two (2) faisc alanns at the saimm, .........nY:>::> laxrrz:>:5y aep >pn h ......:.::...::::.....:..:......:..:.:........:.;::.:::..:..:.....:::..::.......:..:P�'..::::::. li < within any ninety (90) day `< ser<< ntent7anall s y pad- activates the alar <'systern hen au D. No alann useis, Mann sttnatzort does nat ecst: Such b emergency sztuatzonspclirde pny those 140 . . 5.20 .14 0 Appeal. was.spee1ea l} „designed to„ctect oxo alert :Lhe Pq 2ce :l�egart�ner tx e .A -deied discontinued andei this chapter htirglary, zabbery oz lntzuszan warms who has received A. :< b is z ess.r r.:reszderiee,.J.-1 . d May app ai such orde, to the eit Manage, within ten (10) woking days froin the date such order is issued. f f a arrieti >»t > ; lacedaan ' > ; tali fceznet....s d. until the e” .. ::.. :.::::.::::::::.:::::: arm.. S ee . s e ldence . .a:. axe t3ut ta.�.c�;� £ones a4,� : P<l ce«:Ie: :artmen TM Me Iaced:>::: n:><th :::..:. ?.. .............. .. _.............ts.............. P:::::::::::::::::::,:::.>:.;::.;:.;:.;:.;;:.;;: P ::.::.................. xeeedln yes nse >I Pit ursuant to><t:1w;s i> .:a fez >or :.::::::I ::::::::::: P...:.;:::;::::.:.:.:. thz da 3Q ex�od..........:..:::::::.:::::.:.:::::::.:.:::::::::.::::: wha� has reee �ed a_;£�n� naa�'..���eal suc::: 1�altee lepartxrzent shag birder ar fine tea tlae:: ty manager thaza Hall ten h ::'dateai£ r � an ...alarm aser.:.ar alarm huslness o >:<: > of any <v ala an of seGtlons S 2..00, such ordez ar fine I£ an appeal is £pled, . . 4.fl6t1' 520 076 orlae ordex c� flne sfallie stayed 13. ::: t ce hall: nform th.ehe..0 Cana er rultn on the a eat: »' e "hat...t ala 11 4 ord rm_.red alari`<�:;Siea <has.:::: on I]d etttpn::;<tolce� di ions»> ave<<>heerz Tfie prcvlslons Qf Seetor 5:20..20 shall...not_apply.during,the first t11zrt� �30� days a�tez�.lnstaIIatt�n of a�: demonstrates to the Police Deparfiment .............. £ed»> o candittnns beyond< .the alarm: :user s control and Hat;:a a result of neblrgenc nr.::the. alarm user. tsrany of his or her eznpIoyees Qr agents, car t the alarm ease was Hat aware or sliotzld nathave been curare Q£ any defect In the alarm system, s ch;;ra!lse,al: rn};shall. x at,be deem:::.a false alaxzn as that texzz� �s used i :.flats seed>o _ . 141