Loading...
HomeMy WebLinkAboutCC ORD 1998-2150 Adds Ch. 10.45, security and fire alarm systems (10.45)ORDINANCE NO. 98-2150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.45 REGARDING SECURITY AND FIRE ALARM SYSTEMS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 10 of the National City Municipal Code is amended by amending Chapter 10.45 to read in its entirety 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 Alarm business operator; alarm agent --registration. 10.45.050 Alarm user's permit. 10.45.060 Correction of information. 10.45.070 Alarm system inspections. 10.45.080 Alarm system standards and 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 Administrative Provisions; False alarm administrative penalty and cost recovery fees. 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 Exemptions applicable to other alarm systems. 10.45.210 Exemptions for governmental entities. 10.45.220 Confidentiality. Ordinance No. 98-2150 Page 2 of 9 10.45.010 Short Title. This Chapter shall be known and may be cited as the "National City Security Alarm Ordinance." 10.45.020 Purpose and Intent. The City Council finds and declares that: A. Inadequately regulated and maintained 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 false alarms generated through inadequate maintenance 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 false 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, by encouraging proper maintenance and use of security alarm systems. 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 that 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 through which the Police or Fire Department are called to respond after telephonic or electronic communication through a central dispatch or communications station. It excludes those devices which emit a signal within the protected premises only, which are not connected to any central station, and which 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. Ordinance No. 98-2150 Page 3 of 9 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. 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 or electrical 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 Alarm business operator; alarm agent --registration. A. After September 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 September 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 Chief of Police 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 Ordinance No. 98-2150 Page 4 of 9 C. 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. 10.45.050 Alarm user's permit. A. After September 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 shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. Except as provided in Section 10.45.050F, every twenty-four (24) months, a non-refundable fee of twenty dollars ($20) for residential permits and forty dollars ($40) for business permits shall accompany each application. The application fee may thereafter be amended, from time to time, by resolution of the City Council. The Police Department will coordinate the permit processing 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 installed; 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. The alarms user's 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 (90) days after the effective date of the ordinance codified in this chapter. E. If an alarm business or agent also uses an alarm system to protect its premises, it shall obtain a user permit as required in this section. F. Upon application, a permit will be issued without charge to any single family residential alarm system user where an occupant of that structure is older than seventy (70) years of age. However, all other provisions of this Chapter 10.45 shall be applicable to that alarm system or user. Ordinance No. 98-2150 Page 5 of 9 10.45.060 Correction of information. Whenever any change occurs relating to the written information required by Section 10.45.050, the permit holder or designee shall give written notice of such change. to the Issuing Officer within five (5) working days. 10.45.070 Alarm system inspections. All alarm systems and appurtenant equipment installed on any premises shall meet or exceed the minimum standards established by this Chapter 10.45. The City reserves the right to inspect all alarm systems, subject to all applicable laws including Code of Civil Procedure Section 1822.50 et seq. 10.45.080 Alarm system standards and 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 during the servicing, testing, repair, maintenance, alteration, or installation of an alarm system where such prior notice has been given shall not constitute a false alarm. C. Power supply. Alarm systems for fire detection and notification shall be supplied with an uninterruptible power supply such that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least twenty-four (24) 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. 10.45.090 Purpose of alarm system. It is unlawful to use an alarm system other than for purposes specifically stated in the application required by Section 10.45.050B. 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 Ordinance No. 98-2150 Page 6 of 9 Police or Fire Departments. 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. 10.45.120 Repairs. For every audible alarm system, the owner shall post the names and telephone numbers of persons to be notified to render repairs or service twenty-four (24) hours a day. 10.45.130 Administrative provisions; false alarm administrative penalty and cost recovery fees. A. 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 require the user of that alarm system to disconnect the system until it complies with the requirements of this Chapter 10.45. B. After September 1, 1998, any person having an alarm system, whether or not licensed under a permit pursuant to this Chapter 10.45, 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, and which results in a police or fire response in which the alarm proves to be a false alarm, shall pay the administrative penalty prescribed below, in addition to any cost recovery fees authorized for equipment and personnel, 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. 3'i False Alarm 4th False Alarm 5th False Alarm 6th False Alarm 7 or more False Alarms = $ 50.00 = $ 75.00 = $100.00 = $150.00 = $200.00 C. The Finance Director shall issue a monthly bill for unpaid administrative penalties accrued during any monthly billing period and any prior periods. Such bill, unless appealed as prescribed in this Section 10.45.130, shall be due and payable within thirty (30) days of the billing date. D. A late fee of fifteen (15 %) percent of the false alarm administrative penalty shall be added to the unpaid balance of any assessments required by this section not paid within thirty (30) days following the date the penalty becomes final. E. The permit holder may appeal an administrative penalty by depositing the administrative penalty and filing an appeal pursuant to Section 10.45.160. Ordinance No. 98-2150 Page 7 of 9 1. Unless appealed, the administrative penalty becomes final on the suspense date specified in the notice. 2. If appealed, the administrative penalty becomes final on the date of service of the decision on appeal, and the party is thereafter limited by Government Code Section 53069.4(b) to a period of twenty (20) days following the date the administrative penalty became final to seeking judicial review before a Municipal Court. F. Administering departments are authorized to charge cost recovery fees for services provided under this Chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred in response to false alarms. All administrative penalties, application fees and related cost recovery fees shall be credited to a "Security and Fire Alarm Regulation Fund". The fund shall be used exclusively, and may be expended without further Council action, for those expenses associated with the administration and enforcement of this Chapter 10.45. G. The amount of any cost recovery fees, false alarm administrative penalties and late fees that have become final 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 administrative penalties and late charges shall not prohibit criminal prosecution for the violation of any provisions of this chapter. H. The issuing officer shall take reasonable steps to notify persons subject to the provisions of this Chapter of their responsibility to register. However, any failure of the issuing officer to do so shall not relieve that person from compliance with this Chapter and all applicable requirements. 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 administrative penalties within any twelve (12) month period, or (2) the alarm user has failed to pay any cost recovery fee, or administrative penalty. 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 penalties or fees 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. 10.45.150 Suspension/revocation of permits. The issuing officer may revoke or suspend an alarm user's permit under this Chapter for violating any provisions of this Chapter, or the rules or regulations made pursuant to this Chapter, including but not limited to, false alarms which exceed the numbers permitted pursuant to Section 10.45.130, or for failing or refusing to pay the false alarm administrative penalty as provided in this Chapter. The issuing officer shall first notify the holder of the permit in writing of the intention to suspend or revoke the permit no later than seventy-two (72) hours before the effective hour of the suspension or Ordinance No. 98-2150 Page 8 of 9 revocation, along with notice of the opportunity for administrative review of the proposed action pursuant to Section 10.45.160. The notice shall specify a suspense date, after which the action or administrative penalty shall become final unless appealed. 10.45.160 Appeals. Any alarm user, operator or agent aggrieved by the decision of the Issuing Officer to suspend or revoke its permit or to impose an administrative penalty 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, no later than fifteen (15) days following the hearing. 10.45.170 Criminal penalties. It is unlawful to violate any mandatory provision or prohibition of this Chapter. Each violation constitutes a separate offense for each day during any portion of which a violation of any provision of this Chapter is committed, continued or permitted. 10.45.180 Limitations of liability. The City is under no duty, liability or obligation to a permittee or any other person by reason of any provision of this Chapter. 10.45.190 Severability of provisions. If any section of this ordinance, or any part thereof, is determined invalid or unconstitutional, such determination shall not invalidate the remaining portions. 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) Alarm systems used exclusively to summon medical assistance; (d) 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 or administrative penalty, or both, for each false alarm emanating from that system pursuant to Section 10.45.130. 10.45.210 Exemption for governmental entities. Except for cost recovery, the provisions of this Chapter do not apply to public, municipal, county, state and federal Ordinance No. 98-2150 Page 9 of 9 agencies. The City reserves the right to seek cost recovery for false alarms generated from other governmental facilities, unless exempted by agreement or statute. 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. Section 2. The emendations made by this ordinance shall supersede any provisions of Ordinance 98-2142 that are inconsistent, and on and after September 1, 1998, this ordinance shall govern the administration of the National City Security Alarm Ordinance. Section 3. The City Manager and Chief of Police shall take appropriate interim administrative action to implement the provisions of this Ordinance. Section 4. This Ordinance shall have no effect on prosecutions for violations occurring prior to its effective date. PASSED and ADOPTED this 28th day of July , 1998. George H. aters, Mayor ATTEST: Michael R. Dallar City Clerk APPROVED AS TO FORM: ,r4 4PS CZ". .43C George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 28, 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 Ci Clerk of the ity 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 July 14, 1998 and on July 28, 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. 98-2150 of the City Council of the City of National City, passed and adopted by the Council of said City on July 28, 1998. City Clerk of the City of National City, California By: Deputy