HomeMy WebLinkAboutCC ORD 1998-2142 Adds Ch. 10.45, security and fire alarm systems (Pending)ORDINANCE NO. 98-2142
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING TITLE 10
OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 10.45 REGARDING
SECURITY AND FIRE ALARM SYSTEMS
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended by amending Title 10 to add Chapter 10.45 to read as
follows:
Chapter 10.45
SECURITY AND FIRE ALARM SYSTEMS
Sections:
10.45.010 Short title.
10.45.020 Purpose and Intent.
10.45.030 Definitions.
10.45.040 Registration.
10.45.050 Alarm user's permit.
10.45.060 Correction of information.
10.45.070 Alarm system standards.
10.45.080 Alarm system regulations.
10.45.090 Purpose of alarm system.
10.45.100 Direct -dial telephone device.
10.45.110 Alarm business and alarm agent responsibility.
10.45.120 Repairs.
10.45.130 False alarm penalty assessment.
10.45.140 Right to discontinue response.
10.45.150 Suspension/revocation of permits.
10.45.160 Appeals.
10.45.170 Criminal penalties.
10.45.180 Limitations of liability.
10.45.190 Severability of provisions.
10.45.200 Other alarm systems.
10.45.210 Governmental entities.
10.45.220 Confidentiality.
Ordinance No. 98-2142
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10.45.020 Purpose and Intent. The City Council finds and declares that:
A. Inadequately regulated security and fire alarm systems present a growing danger to the
health, safety and welfare of the residents of the city;
B. The volume and frequency of nuisance alarms are conditions which have persisted so as to
become hazardous and causing a serious drain upon limited police and fire services and equipment
needed at other locations;
C. The unnecessary waste of tax dollars through responses to nuisance alarms must be reduced;
D. Every residence and business property is entitled to the safety and protection afforded by
local law enforcement;
E. The necessity for the provisions and prohibitions hereinafter contained and enacted is
declared to be a matter of public policy in the pursuance of security and promoting the public
health, safety and welfare of the city and its residents.
10.45.030 Definitions. For the purposes of this chapter, the following words and
phrases shall be construed as set forth in this section unless it is apparent from the context that a
different meaning is intended:
A. "Alarm agent" means and includes any person who is self-employed or employed directly
or indirectly by an alarm business operator whose duties include, but are not limited to: selling,
maintaining, installing, monitoring, demonstrating or causing others to respond to an alarm in or on
any building, place or premises. This definition shall not apply to local safety officers as defined in
Government Code Section 20019.4.
B. "Alarm business operator" means and includes any business operated for any consideration
whatsoever, engaged in the installation, maintenance, alteration or servicing of alarm systems or
which responds to such alarm systems. "Alarm business operator," however, shall not include a
business which merely sells from a fixed location or manufactures alarm systems, unless such
business also services, installs, monitors or responds to alarm systems at the protected premises.
C. "Alarm system" is any device designed for the detection of an unauthorized entry or fire on
the premises or for alerting others of a fire or the commission of an unlawful act, or both, and
when activated emits an audible or silent signal or message to which police or Fire Department are
expected to respond. It includes those devices which emit a signal within the protected premises
only and are supervised by the proprietor of the premises where located, otherwise known as a
proprietary alarm. Auxiliary devices installed by a telephone company to protect its systems which
might be damaged or disrupted by the use of an alarm system are not included in the definition.
D. "Alarm user" means any person who owns, leases, rents, uses or makes available for use by
its agents, lessees, employees, representatives or immediate family an alarm system in the city.
E. "Audible alarm" means an alarm system designed to emit an audible sound outside of the
protected premises to alert persons of a fire or an unauthorized entry on the premises or of the
commission of an unlawful act.
F. "Business" means any nonresidential use.
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G. "Direct -dial device" means a device which is connected to a telephone line and upon
activation of the alarm system automatically dials a predetermined telephone number and transmits
a message or signal indicating a need for emergency response.
H. "False alarm" means the activation of an alarm system through mechanical failure, accident,
misoperation, malfunction, misuse, or the negligence of either the alarm user, operator or agent, or
any of their employees or agents. False alarms shall not include alarms caused by acts of God, the
malfunction of telephone lines, circuits or other causes which are beyond the control of the alarm
user, operator or agent.
I. "Fee schedule" means the National City Fee Schedule adopted by the City Council.
J. "Issuing officer" shall mean the Chief of Police or Fire Chief.
K. "Person" shall mean a natural person, firm, corporation, association, partnership,
individual, organization, or company. It excludes a governmental political unit.
L. "Residential" means premises used as dwelling units, which includes apartments and
lodging houses.
10.45.040 Registration. A. After April 1, 1998, it is unlawful for any person,
partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the
city without first having registered with the Police Department; provided, however, such
registration shall not be required for any business which only sells or leases the alarm systems from
a fixed location unless such business services, installs, monitors or responds to alarm systems at the
protected premises. Registration shall be accomplished by furnishing such information as may be
required by the Police Department, including but not limited to the full name of the business, the
number of the license issued by the State Director of Consumer Affairs for the alarm business, and
the name and business address of the manager of operations for the area which includes the city.
The Police Department will coordinate this information with the Fire Department pertaining to
systems with a single fire function or a dual fire and unauthorized entry function.
B. Alarm agents. After April 1, 1998, it is unlawful for any person, including the owner of an
alarm business, to act as an alarm agent within the city without first having registered its, his or her
name and filed with the Police Chief a copy of the alarm agent registration card issued by the State
Director of Consumer Affairs pursuant to the provisions of Section 7590, et seq. of the California
Business and Professions Code; provided, however, nothing in this chapter shall require a person to
so register in order to install, service, repair, alter, replace, or move an alarm system on the
premises owned or occupied by that person, and further provided, nothing herein shall require a
person to so register who is merely a salesperson for any business not required to obtain an alarm
business permit under the provisions of this section if such salesperson does not engage in any other
activities related to alarm systems apart from selling.
10.45.000 Alarm user's permit. A. After April 1, 1998, it is unlawful to
install, or cause to be installed, use, maintain, or possess an alarm system on any business or
residence owned by or under the possession or control of such person within the city without
first having obtained an alarm user's permit from the Issuing Officer. The Issuing Officer
Ordinance No. 98-2142
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shall prescribe the form of the application and request such information as is necessary to
evaluate and act upon the permit application. A non-refundable fee established in the Fee
Schedule shall accompany each application. The Police Department will coordinate the permit
with the Fire Department as necessary.
B. The permit application required under subsection A of this section 10.45.050 shall provide
the following information:
1. The number of alarm systems and specific purpose for which the alarm system or
systems shall be used;
2. The alarm user's name;
3. The address of the premises in or upon which the alarm system has been or will be
installed;
4. User telephone number;
5. The alarm business operator or operators selling, installing, monitoring, inspecting,
responding to and/or maintaining the alarm system; and,
6. The name and telephone number of at least two persons who can be reached at any
time, day or night and who are authorized to respond to an alarm signal and who can open the
premises in which the system is installed.
C. An alarm permit shall be valid for twenty-four (24) months. A separate permit shall be
obtained for each separate business or separate place of business, and a new permit is required for
any change of ownership or change of type of permit.
D. Where an alarm system is in operation prior to the effective date of the ordinance codified
in this chapter, the alarm user shall be responsible for contacting the issuing officer and obtaining a
permit within ninety days after the effective date of the ordinance codified in this chapter.
E. If an alarm business or agent uses an alarm system to protect its premises, it shall obtain a
user permit as required in this section.
10.45.080 Alarm system regulations. A. Alarm Deactivation - Audible Alarms.
Audible residential alarms used for unauthorized entry notification shall be equipped with an
automatic shutoff mechanism capable of terminating the audible annunciator after activation
within a maximum of fifteen (15) minutes. Audible commercial alarm systems used for
unauthorized entry notification shall be equipped with an automatic shutoff mechanism capable
of terminating the audible annunciator after activation within a maximum of thirty (30)
minutes. An alarm system or portion used for fire detection and notification shall not be
subject to this restriction, since such systems must be manually acknowledged.
B. Maintenance notification. The alarm user, and the alarm business operator or agent
performing maintenance work for an alarm user, shall contact the Police Department
Communication Center (telephone: 336-4411) prior to any service, test, repair, maintenance,
alteration, or installation of an alarm system which might produce a false alarm. Any alarm
activated where such prior notice has been given shall not constitute a false alarm.
Ordinance No. 98-2142
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C. Power supply. Alarm systems shall be supplied with an uninterruptible power supply in
such a manner that the failure or interruption of normal utility electricity will not activate the alarm
system. The power supply must be capable of at least four hours of operation.
D. Repairs. When any false alarm caused by a malfunction of an alarm system has occurred,
the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm
system annunciator shall be disconnected while repairs are made.
E. Permit number. Every alarm system user whose alarm system is monitored by an alarm
response company shall provide that company with their alarm system permit number, once it is
issued by the Issuing Officer. When such responding company calls the Police Department
Communication Center to report activation of an alarm system it monitors, the permit number shall
be provided to the dispatcher for a log entry.
10.45.100 Direct -dial telephone device. It is unlawful for any person to equip an alarm
system with either a direct -dial device or any direct -line equipment which, when activated, will
automatically dial a telephone number in or signal directly any office of the police or fire
department.
10.45.110 Alarm business and alarm agent responsibility. It is unlawful for an alarm
business operator or an alarm agent, or both, to fail to inform their respective alarm system
users of the provisions of this chapter. An alarm business operator may obtain the necessary
permits for the alarm user.
10.45.130 False alarm cost recovery fee. When any emergency alarms, messages,
signals, or notices are received by the Police or Fire Department showing that an alarm user or an
alarm agent or business operator performing maintenance or repair has failed to meet any of the
requirements of this chapter, the Issuing Officer is authorized to demand that the user of that alarm
system disconnect the system until it is made to comply with the requirements of this Chapter
10.45.
B. After April 1, 1998, any person having an alarm system, or any alarm agent or business
operator who maintains an alarm system and fails to notify the Police Communications Center
(telephone 336-4411) in accordance with Section 10.45.080B, which results in a police or fire
response in which the alarm proves to be a false alarm, shall pay the cost recovery fee prescribed in
the Fee Schedule for each false alarm, message or signal in excess of two activations in any twelve
(12) month period. A police response results under this section when the officer or mobile unit
arrives on scene at the protected premise; a fire response results when a fire apparatus has been
dispatched as a result of alarm transmission.
C. The Finance Director shall issue a monthly bill for the unpaid fees accrued during any
monthly billing period and any prior periods. Such bill shall be due and payable within thirty (30)
days of the billing date.
Ordinance No. 9 8 -214 2
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D. A late fee of fifteen (15%) percent of the false alarm cost recovery fee shall be added to the
unpaid balance of any assessments required by this section not paid within thirty (30) days of the
billing date.
E. The amount of any false alarm cost recovery fee and late fee assessed pursuant to this
section 10.45.130 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 false alarm cost recovery fees and late charges shall not prohibit criminal
prosecution for the violation of any provisions of this chapter.
10.45.140 Right to discontinue response. The Issuing Officer reserves the right to
discontinue response by fire or police officers to any permitted location based upon a signal
generated by a silent or audible alarm when (1) the alarm user has been given written notice after
being charged six (6) false alarm cost recovery fees within any twelve (12) month period, or (2) the
alarm user has failed to pay any such cost recovery fee assessment. Reinstatement may occur when
the alarm user has taken steps to eliminate or correct the problem(s) and has documented the
corrective action in writing to the Issuing Officer and paid any fee assessments that are due. This
section shall not be construed or interpreted to authorize a non -response to a telephone call using
the "9-1-1" emergency telephone system.
10.45.160 Appeals. Any alarm user, operator or agent aggrieved by the decision of the
Issuing Officer to suspend or revoke its permit may appeal to the City Manager within ten (10) days
of receipt of notice of the Issuing Officer's decision. The City Manager or designee shall thereupon
set the matter for an administrative hearing within fifteen (15) days before an examiner. The
examiner shall be neutral and unbiased, and may be a member of City staff. The examiner shall
allow the issuing officer and the appellant each to present and examine all relevant evidence. The
formal rules of evidence do not apply, but the examiner shall allow evidence of a nature which
responsible persons are accustomed to rely upon in the conduct of serious affairs to be admissible
upon the issue. The review and written decision of the hearing examiner shall be final and
constitute the exhaustion of administrative remedy. It shall be served upon the permittee and
issuing officer, accompanied by a certificate of mailing, within fifteen (15) days following the
hearing.
10.45.200 Exemptions applicable to other alarm systems. The provisions of this
chapter 10.45 do not apply to the following alarm systems: (a) Alarm systems used by Federal
Deposit Insurance Corporation insured institutions; (b) Alarm systems affixed to automobiles,
boats, boat trailers, recreational vehicles and aircraft; (c) Fire alarm systems installed in a building
or structure pursuant to the Uniform Fire Code (Chapter 15.28) as a condition to the issuance of a
building permit for that building or structure, except that the Finance Director may collect a false
alarm cost recovery fee for each false alarm emanating from that system pursuant to Section
10.45.130B.
Ordinance No. 98-2142
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10.45.210 Exemption for governmental entities. The provisions of this chapter do not
apply to public, municipal, county, state and federal agencies.
10.45.220 Confidentiality. The information furnished and secured pursuant to this
chapter shall be confidential in character and shall not be subject to public inspection and shall
be kept so that the contents thereof shall not be known except to persons charged with the
administration of this chapter. No information shall be released to the public regarding
whether or not an alarm system is installed at any particular premises.
PASSED and ADOPTED this17tb day of February
ATTEST:
A
Mic ael R. Dalla, amity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
f:\chapl0-45
, 1998.
George H. aters, Mayor
Passed and adopted by the Council of the City of National City, California, on February 17,
1998, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
C y Clerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
January 20, 1998 and on February 17, 1998.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final. passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 98-2142 of the City Council of the City of National City, passed and adopted
by the Council of said City on February 17, 1998.
City Clerk of the City of National City, California
By:
Deputy