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HomeMy WebLinkAboutOrdinance 260 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 260 adopted by the Atascadero City Council at a regular meeting thereof held on October 13, 1992 and that it has been duly published pursuant to State Law. DATED: LE OIN City Clerk City of Atascadero, California ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING TO TITLE 3, CHAPTER 5 OF THE MUNICIPAL CODE;ARTICLE 10 REGARDING ALARMS WHEREAS, the Police Department and Fire Department routinely respond to activated alarms for emergency aid; and WHEREAS, a large majority of responses to activated alarms for service are determined to be "false alarms'; and WHEREAS,the City Council desires to provide guidelines and procedures for the installation,maintenance and use of security alarms in order to deter emergency response to "false alarms"; NOW,THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1: Title 3, Chapter 5 of the Atascadero Municipal Code is amended by adding Article 10 as follows: SECURITY ALARMS 3-5.1001 Purpose The purpose of this Article is to reduce false alarms, and to regulate burglary, robbery,fire and fire protection and medical attention alarm systems, and alarm businesses, agents and users. 3-5.1002 Definitions For the purposes of this Article,words and phrases used in this Article are defined as follows: A. "Alarm agent' shall mean a person employed by an alarm business, either directly or indirectly,whose duties include selling,leasing,altering,installing, maintaining,moving,repairing,replacing,servicing,responding to,or monitoring an alarm system,or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein. Ordinance No. 260 Page Z B. "Alarm business" shall mean any business held by an individual, partnership, corporation, or other entity for the purpose of selling, leasing, altering,installing,maintaining,moving,repairing,replacing,servicing,responding to, or monitoring any alarm system in a building, structure, or facility. C. "Alarm system" shall mean any mechanical or electronic device or series of devices which transmits a signal or message,either directly or indirectly, to the Emergency Dispatch Center; or which emits an audible or visual signal at the alarm location, and which is designed to: (1) Detect unauthorized entry into any building, structure, or facility; or (2) Signal the occurrence of an unlawful act upon the premises;or (3) Detect a fire, or detect activation, equipment-problems, or the malfunction of a fire protection system; or (4) Detect a hazardous material leak or system malfunction; or (5) Signal the need for medical attention. For purposes of this Article,devices operated by the City of Atascadero or devices which are not designed or used to register alarms that are audible,visible or perceptible outside of the protected premises are not included within the meaning of Alarm System. D. "Alarm user" shall mean the person, firm, partnership, association, corporation, or organization of any kind that owns, leases, rents, uses, or makes available for use by its agents, employees,representatives, or family, any alarm system. E. "Chief of Police" shall mean the Chief of Police of the City of Atascadero, or his/her designated representative. F. "City"shall mean the City of Atascadero. G. "Day„ shall mean calendar day. H. "Department Head"shall mean the Chief of Police,the Fire Chief,or their designated representatives. I. "Direct Dial System"shall mean an alarm system which is connected to a telephone line and, upon activation of an alarm system, automatically transmits a message or signal to the Emergency Dispatch Center,indicating a need for emergency response. Ordinance No. 260 Page 3 J. "Emergency Dispatch Center" shall mean the communications and dispatch center located at the Police Department facility. K. "False alarm" shall mean an activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or negligence of the alarm user when an emergency situation does not exist. A determination as to whether an alarm signal was a false alarm or an actual alarm shall be made by the appropriate Department Head. "False alarms" shall not include those alarms activated by extraordinary meteorological,atmospherical,or other conditions or means, as determined by the Department Head. L. "Finance Department"shall mean the Finance Department of the City of Atascadero. M. "Fire Chief"shall mean the chief of the Fire Department ofthelCity of Atascadero, or his/her designated representative. N. "Notice"shall mean written notice,given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal services,or upon the placing of the same in the custody of the Unites States Postal Service. O. "Private Alarm Dispatch Center"shall mean a center maintained by an alarm business which receives emergency signals from alarm systems,and thereafter immediately relays the message by live voice to the Emergency Dispatch Center. P. "Responsible Department"shall mean the City department having the responsibility of providing emergency services upon receipt of an alarm signal at the Emergency Dispatch Center. For incidents relating to fires or water flow in fire sprinkler systems,or other extinguishing agents in fire protection systems, as well as medical attention,the Fire Department is the responsible department. For incidents related to burglary, robbery, unauthorized entry, etc., the responsible department is the Police Department. 3-5.1003 Alarm Sim Standards A. In General (1) The Council, upon recommendation of the Chief of Police or Fire Chiu may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed in the City. All equipment shall meet or exceed these standards and regulations. Ordinance No. 260 Page 4 (2) No alarm shall be installed unless the alarm user has either a service agreementwith a City licensed alarm business qualified under this Article; or has available a designated person who will respond to the site of an activated alarm with the ability to deactivate the alarm. B. Audible Alarm Systems No audible alarm system shall be installed or used unless it shall have an automatic reset capability, which shall silence the alarm within 15 minutes of activation. C. Silent Alarm Systems (1) No direct dial system shall be allowed within the City. (2)All silent alarm systems shall be connected to a private alarm dispatch center. 3-5.1004 Alarm Business Standards A. Alarm businesses operating with the City shall comply with all state licensing requirements and operate in accordance with the standards set forth in the State Alarm Company Act as to conduct of business and qualification of employees, including alarm agents. B. No person or company which installs, or otherwise provides an alarm system, shall install such device or system without the ability to provide 24-hour service for that system. "Service"for the purposes of this section shall include the ability to promptly repair a malfunctioning alarm system, and, in any event, a service response to the alarm location shall be accomplished within 30 minutes of a request for service. "Service"shall also include the ability to provide periodic maintenance necessary to assure normal functioning of the system. This section shall not apply to persons or businesses who merely sell from fixed locations, or who manufacture alarm systems,unless such persons or firms also install,monitor, or service such systems. C. Any alarm business operating a private alarm dispatch center shall, within 1 minute of receiving notice that an alarm has been activated, notify the Emergency Dispatch Center of the activation. Notification shall normally be made via a designated one-way telephone line which is dedicated solely to the reporting of such notification. Ordinance No. 260 Page 5 D. Each alarm business that monitors fire alarm systems, must comply with all sections of National Fire Protection Association bulletin#71-1988 and as amended. E. It shall be the duty of the alarm business to cooperate fully at all times with the City and its employees. Every alarm business shall,upon request during normal hours of business, make any and all records and information in its possession relating to alarm systems operating within the City, available to personnel authorized by the Chief of Police or the Fire Chief. Each alarm business must possess a valid Atascadero City Business License. 3-5.1005 Alarm Use Standards A. Alarm Permit - (1) All existing and prospective users of alarm systems shall obtain an alarm user permit approved by the responsible Department Head within sixty (60)days following the effective date of the ordinance codified in this Article, or prior to the installation and use of an alarm system,as the case may be. A separate permit shall be required for each separate alarmed building or facility, and for each separate alarm system. Each application shall include the telephone number, and signature of the individual accepting responsibility for the proper functioning and maintenance of the alarm system covered by the permit. A copy of the permit shall be posted upon the premises where the alarm system is installed. Each permit will bear the signatures of the issuing official and the Department Head of the responsible department. B. Alarm User/Representative Response The alarm user shall, at all times, insure that the Emergency Dispatch Center is in possession of a minimum of three(3)names,telephone numbers,and home addresses of persons with 24-hour access to the alarm location and the alarm system,who are authorized to and will respond to the location where an alarm has been activated. The response shall be within a reasonable time and,in any event, within 30 minutes of being requested to do so. At any time that one of these persons no longer possesses such access to the alarm location, the alarm user shall immediately notify the Emergency Dispatch Center and, in any event, this notification shall be made within 48 hours of the time atwhich the person no longer possesses access to the location. Ordinance No. 260 Page 6 C. False Alarms (1) It shall be the duty of the alarm user to properly use the alarm system and maintain it mechanically and technically to insure safe and responsible operation and minimize the number of false alarms. If the Chief of Police or Fire Chief determines that the system lacks in quality, components, servicing, or is improperly used by the alarm user,he/she may require that modifications be made to the system to make it comply with this Article. (2) False alarms shall be considered excessive when they exceed three (3) activations in any twelve (12) month period. (3) As provided by resolution of the City Council,a fee shall be paid to the City by each alarm user for excessive false alarms. The Police Ctiief or Fire Chief shall notify the Finance Department regarding unpaid fees accrued during any monthly billing period and any prior periods. Such bill shall be due and payable within thirty (30) days after the billing date. (4) A penalty of fifteen percent (15%©) shall be added to the fees required by this Section in connection with any fees not paid in the time and manner set forth above. (5) The amount of any fee and late penalty assessed pursuant to this Article shall be deemed a debt to the City, and an action may be commenced in the name of the City in any court of competent jurisdiction in the amount of the delinquent debt. Payment of any user fees and late charges shall not prohibit criminal prosecution for the violation of any provisions of this Article. 3-5.1006 Enforcement and Appeals A. Revocation of Permit In addition to other remedies provided, the Department Head of the responsible department may revoke an alarm user's permit for a violation of this Article. B. Civil Penalties For violations of this Article, the Department Head of the responsible department may assess a civil penalty of up to$500.00 for each violation. C. Criminal Penalties A violation of this Article is punishable as a misdemeanor. Ordinance No. 260 Page 7 D. Appeals The decision of a Department Head to revoke an alarm user's permit; or to assess a civil penalty may be appealed to the City Council. All appeals must be filed within thirty(30)days of receipt of notice of the Department Head's action. Section 2. Publication. The City Clerk shall cause this ordinance to be published once within fifteen(15)days after its passage in the Atascadero News,a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933;shall certify the adoption of this ordinance;and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 3. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first(31st) day after its passage. On motion by Council member Borgeson and seconded by Council member Luna , the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Councilmembers Borgeson, Luna and Mayor Nimmo NOES: None ABSENT: Councilmembers Bewley and Kudlac ADOPTED: October 13, 1992 ATTE R LEE RABOIN, City berV ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ART HER MONTAN14ON City Attorney APPROVED AS TO CONTENT: g=�i- W camL RICHARD H. WHALE Chief of Police