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Home My WebLink AboutMC-1037 Adopted: December 21, 1998 Effective: January 21, 1999 ORDINANCE NO. MC-l037 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.81.070(B), 8,81.100, 8.81.110(A) AND 8.81.120; 3 ADDING SUBSECTION (L) TO SECTION 8.81.020 AND SUBSECTIONS (C), (D) AND (E) TO SECTION 8,81.110; AND REPEALING SECTION 8,81.090 RELATING TO CITY 4 SECURITY ALARM SYSTEMS. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 SECTION 1. Subsection L is hereby added to Section 8.81.020 of the San Bernardino 8 Municipal Code to read as follows: 9 ItL. Common Cause. A common technical difficulty or malfunction which causes lOan alarm system to generate a series of false alarms, all of which occur within II a 72 hour period. The series of false alarms shall be counted as one false 12 alarm only if the cause of the series of false alarms is repaired before it 13 generates additional false alarms beyond the 72 hour period, documentation 14 of the repair is provided to the Police Chief, and during the 30-day period 15 following the repair, the alarm system generates no additional false alarms 16 from the documented cause," 17 SECTION 2. Section 8,81.070(B) is hereby amended to read as follows: 18 liB. Separate alarm permits shall be required as follows: A single alarm system permit may be granted to any single-family residence. The 19 20 21 I. permit may authorize intrusion, panic andlor robbery coverage, The permit may include the primary residence and any outbuildings (such as garages, sheds or hobby 22 23 24 25 26 27 28 shops) on the parcel that are not used for commercial purposes. A separate permit must be issued for any buildings on the property that are used for commercial purposes. If the residence and the outbuildings are on separate parcels, separate permits are required for each parcel. 2. A single alarm system permit may be granted to any single unit of any multi-family residential complex (such as an apartment, a condominium or a mobile home). The permit may authorize intrusion, panic and/or robbery coverage. The permit may RLS/js [ALARM.URDI I KC-'lOJ7 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 include the primary residential unit and any outbuildings (such as stand-alone garages, sheds or hobby shops) used exclusively by the applicant that are not used for commercial purposes. A separate permit must be issued for any outbuildings that are used for commercial purposes. If the residence and the outbuildings are on separate parcels, separate permits are required for each parcel. 3. A single alarm system permit may be authorized to any commercial business. The permit may authorize intrusion, panic and/or robbery coverage. The permit may authorize these types of coverage for any structures used by the applicant on the parcel. If a commercial business operates on more than one land parcel, the busincss must have a separate permit for each parcel ofland. 4. If the commercial business is a mall, strip mall or other commercial building complex, a single permit may be used to provide coverage for any vacant units, unless they are on separate parcels. If located on separate parcels, separate permits are required for each parcel. Each commercial unit rented, leased or sold to another commercial business must be covered by a separate permit. 5. Each permit is subject to a registration fee and annual fees. Each permit has it's own false alarm count. All structures covered under one permit use the same false alarm count. SECTION 3. Section 8.81.090 of the San Bernardino Municipal Code is hereby repealed. SECTION 4. Section 8.81.100 of the San Bernardino Municipal Code is hereby amended to read as follows: "The City shall charge false alarm fees at a rate set by resolution of the Mayor and Common Council. Each permit has its own false alarm count. All structures covered under one permit use the same false alarm count." SECTION S. Section 8.81.l10(A) of the San Bernardino Municipal Code IS hereby amended to read as follows: "A. Every alarm user shall file with the police department a notice containing the names and telephone numbers of the persons to be notified to render repairs RLS/js [ALARM.ORD] 2 KC-IOJ7 or service and secure the premises during any time the alarm is actuated. In 2 addition, such notice may be posted. If posted, such notice shall be placed 3 near the front door of the premises or gate if fenced, and this notice shall be 4 posted in a position that is clearly visible.". 5 SECTION 6. Subsections C, 0 and E are hereby added to Section 8.81.110 of the San 6 Bernardino Municipal Code to read as follows: 7 "C. Alarm users shall pay to the City reasonable costs, as determined and 8 assessed by the Police Chief or Fire Chief, or his/her designee, respectively, 9 for expenses incurred in securing premises where a burglar alarm or fire 10 alarm has been activated, whether or not the activation is a false alarm. The II assessment shall be satisfied by the alarm user within fifteen days after the 12 alarm user has been notified of the assessment and the grounds for the 13 assessment. This section shall apply only to instances where the alarm user 14 has failed to reasonably respond to notification that an alarm has been 15 activated on premises owned, occupied or controlled by the alarm user. If the 16 expenses set forth in the assessment are not paid within 15 days, the alarm 17 user may be placed on a no response status. The alarm user will be notitied 18 by first class mail of the no response status at the address on the alarm permit. 19 An additional amount of 10% of the amount of the expenses per month, not 20 to exceed 100%, shall be added to the expenses until paid. This assessment 21 in this subsection shall be instituted to cover escalating costs incurred to 22 pursue delinquent assessments requiring extended enforcement action." 23 "D. Where the Police Chief or Fire Chief, or his/her designee, respectively, is 24 required to cause the assessment of costs pursuant to the provisions of this 25 section, he or she shall kcep an accounting of the costs thereof, including 26 administrative expenses for the abatement. The term "administrative 27 expenses" includes but is not limited to the actual expenses and costs of the 28 City in the preparation of notices, specifications and contracts, inspection of RLS/js [ALARM.ORD] 3 '. KC-IOJ7 the work, office overhead, filing fees, and the costs of printing and mailings 2 required under this Chapter. Upon conclusion of the assessment, he or she 3 shall submit his or her itemized statement of costs in a Report to the Hearing 4 Officer and set the same for a hearing before the Hearing Officer. Notice of 5 the time and place ofthe hearing and a copy of the Report shall be given by 6 the respective department to the alarm permit holder to which the 7 assessments relate, and to any other interested person requesting the same, by 8 first-class mail, postage prepaid, addressed to the person at his or her last- 9 known address at least five days in advance of the hearing. The hearing shall lObe heard before the Hearing Officer in the Council Chambers at City Hall, II 300 North "0" Street, San Bernardino, California, at such date and time as 12 provided by resolution." 13 "E. Hearing by the Hearing Officer. At the time set for hearing, the Hearing 14 Officer shall hear and consider all objections or protest to the assessment and 15 may continue the hearing from time to time. Upon the conclusion of the 16 hearing, the Hearing Officer shall allow or overrule any or all objections. 17 The decision of the Hearing officer is final." 18 SECTION 7, Section 8.81.120 of the San Bernardino Municipal Code is hereby amended 19 to read as follows: 20 "Every alarm business whieh monitors an alarm system located within the 21 City shall maintain on file a current listing of all such alarm systems including the 22 alarm permit number and the name, address and telephone number of the individual 23 or individuals from whom entry to the premises may be obtained. Said information 24 shall be available to the police department upon request of any authorized 25 representative thereof. The alarm permit number assigned to an alarm system by the 26 police department shall be given to the police/fire dispatcher at the time an alarm is 27 reported to the police/fire communications center by an alarm company, a central 28 monitoring station, a telephone answering service or any other business that monitors RLS/js [ALARM.ORDI 4 KC-IOJ7 and reports alarms." 2 /II 3 /II 4 /II 5 /II 6 /II 7 /II 8 /II 9 /II 10 1/1 II /II 12 1/1 13 /II 14 /II 15 /II 16 /II 17 /II 18 1/1 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II RLS/js [ALARM.ORD] 5 . . KC-lOJ7 I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.81.070(B), 8,81.100, 8.81.110(A) AND 8,81.120; 2 ADDING SUBSECTION (L) TO SECTION 8,81.020 AND SUBSECTIONS (c) , (D) AND (E) TO SECTION 8.81.110; AND REPEALING SECTION 8,81.090 RELATING TO CITY 3 SECURITY ALARM SYSTEMS, 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on 6 the --2.L day of December , 1998, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 VACANT II SCHNETZ 12 DEVLIN 13 ANDERSON 14 MILLER 15 16 17 x x x x x x ~h~_ CITY CLERK 18 19 The foregoing Ordinance is hereby approved this December , 1998. VALLES, Mayor 20 f San Bernardino Approved as to form 21 and legal content: 22 JAMES F. PENMAN City Attorney 23 II 24 By: ~YV-e.c.> (j . ') 1 / Tle.~ 25 26 27 28 RLS/js IALARM.ORD] 6