HomeMy WebLinkAboutMC-201
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OEDINANCL NO.
I''IC-- 2 0 1
2 OKDINANCE OF THE CITY OF SAN BERNARDINO A!1ENDING CHAPTER 8.bl
OF THE SAI; BELNARDINO I'lUIHCIPAL CODE HELNl'ING TO SECURITY ALi\lZi'il
3 SY:..;TL/iiS, TO PERl'lIT APPEALS TO THL i"lAYOf{ l\l:m Cot111()j.] COUNCIL FRm.'
DE'.,IAL OF PLRI',IT OR FRon REVOCATION UPON PAYf'lENT OF A REFUNDABLE
4 AP,'LAL FEE, AND TO I1AKE com; PROVISIONS APPLICABLE TO AUDIBLE
l\Lr\Ft'l USERS.
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THE MAYOR AND COI-'ihON COUNCIL or THL CITY OF SAi, BERNAHDINO DO
6 OF~__/AIN I\S r'OLLO\\TS:
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SECTION 1.
Section 8.81.020 Subsection B of the San
8 Ee r nardino IVlunicipal Code is awended to read:
9
liB.
I Alarw business I 11l2Bns any persoll, firr~i or corporation
]0 conducting or engaged in the business of selling, leasirlg,
11 Lau1tC:liriing, servicing, repairing, altering, replacing, Ltoving,
]2 i1l3LalJing or HlonitGring an alarn systell1 in or on any builclinq,
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pl&ce or premises.
Il.. business which only sells or leases cilarr
14 devices from a fixed location and does not service, irlstall,
]5 monitor or reSI_ond to alarl~l systems at the protected prcLi:::cs OJ
16 call uvon police to do so is not an 'alarIn businessl for the
17 IJurposes of -this chapter. II
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SEC'l'IOU 2.
:Jection 8.81.020 Subsection C of the ::';,\(1
]9 Berncirdino Municipal Code is amended to read:
20
lie.
11-\.1 (;Tl'l ~-;ysteIL11 Eleans any device connected e1ectrvrdJ<,C) jot y
21 to the City COLlltlUnication Center or other central L1onitorin~; }-clt:.t
22 desisned for tlle detection of an unauthurized entry on preLllsP:"
23 or any device desisned for alerting others or the COLU(iis.sici-j uf an
24 unJawful act, by sound, li(jht, electronic siqnal, or other\iis~, C'ot
25 any cUI,)uination thereof, v'/!lich, v,;hl-~n actuated, eni ts a SQUD<"
26 fldshes a light, or transllits a sigIlal to irldicate ttlat all
27 emergency si tua tioD exists, to v\.ihich pol ice are expected to
28 re~-,ponu. II
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~)ECTIC.N 3.
Section 8.81.U20 Subsection E of the ~an
Bernardino hunicipal Code is amended to read:
liE. 'liudible alarm bystertl' means a device desiCJned for the
det.ection of the unauthorized entry on or at'le:iilpted entry into a
premise or structure or for alerting others of the commission of
an unlawful act, or buth, v.,hich, when actuated, qenerates as a
signed an audible sount.! or flashing light or utilizes other ]cleans
to attract attention, other than by signal t.O a central r.lonitorinlj
point, with the expectation tha t l~olice will be sumLloned by a
person Wl1U hears or oDserves sue!. signa 1. II
SECTION 4.
Section 8.81.020 of the San Bernardino t'luniclpal
Code is amended by addins Subsection K to read:
ilK. I noni tared alarr;l systerd 1 means any device connected
electronically to the City Communication Center or other central
j,~onit.orin9 point, d2sisned for the de-tection of an unauthoriz~~d
entry on or attewpted entry into fJreLlises or structure, or
dpsisned fer alerting others of the COilLlllission of an Unla\Iful act
by trdnSLlittins a si<jnal to any such E'tonitoring point, with the
expectation that police will be dispatched."
SECTION 5.
Section 8.81.020 of the San Bernardino Municipal
Cocle is dluerlded by adding ~ubsection L tc read:
ilL. 'Intrusion alarIt systeJa' rc~fers to a monitored alarl..
system desigrled for tl1e detection of an unauthorized entry on or
attempted entry into prcrnises or a structure."
SECTION 6. Section 8.81.020 of the San Bernardino Municipal
Code is ar:tended by addin<::! SuLsection M to read:
"H. 'Robbery alarp1 system' refers t,Q a monitored alarl.d
system designed to be activated bJ an occupant of the preuises
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being served to SUWllon police on an erllergency basis indicating
that a robbery is in progress.1I
SECTIUN 7.
Section 8.81.070 of the San Bernardino Municipal
COlie is amended to read:
"8.81.070 Alarm system permit.
A. No person shall install or cause to be installed, use,
maintain or possess an alarm systeLl on premises owned or in the
possession or control of such F'erson wi thin the City unless an
lalan', system permit for the system is first obtained from the
!police Chief of the City in accordance with this section, and
re:mains valid and in effect. The alar", user shall be the
al-J.:;jlicant. ll.pplications nay be transLlitted to the Police Chief by
an a.lar'JH agent or an alaru business. Tlle applicat.ion for an alaru
systera perr~lit shall be submitted on a form as prescribed by the
Police Chief and shall include the address of the prelclises wherein
the systehi is to be located and the nahle, address and telephone
nu.:Llber of the cl.l-:.plicant and tlle person vho \'lill render service or
reuairs during any hour of the day or ni'jht, and the type or types
of syster"s to be util ized. rrhe application shall be accompanied
by a nonrefundable fee of twenty dollars.
B. A separate permit shall be required for each separate
building; within a TIlall or other building shared by more than one
business entity, a separate permit shall be required for each
separate business entity.
Each separate building or separate
business shall be subject to the fee established in Subsection A.
Robbery alarm systems and intrusion alarm systens shall each have
a separate perp-tit, but any combination thereof Llay be included in
the same application and the same fee for the saLle building or
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1 entity. Each permit shall represent a separate system, and false
2 alarm records shall be maintained for each such separate system.
3 C. The permit shall be denied by the Police Chief if the
4 monitored alarm system proposed is not approved pursuant to
5 Section 8.81.080, or if the audible alarm system has previously
6 been the subject of revocation. Any such denial may be appealed
7 by the alarm user to the City Administrator. A notice of appeal
8 must be filed with the City Administrator's office with copy to
9 the Police Chief and to the City Clerk within twenty days after
10 denial of the permit. The City Administrator or his designee
11 shall render a decision on the appeal within ten days following
12 receipt thereof.
13 D. Following a denial of the appeal by the City
14 Administrator, such denial may be appealed by the alarm user to
15 the Mayor and Common Council. A notice of appeal must be filed
16 with the City Clerk within ten days after notice of the City
17 Administrator's decision has been served, or within twenty days
18 after the filing of the appeal to the City Administrator in the
19 event notice has not been served, and a copy of such appeal shall
20 be provided to the Police Chief within the same time period. The
21 City Clerk shall set the matter for hearing before the Mayor and
22 Common Council, which hearing shall be within thirty days after
23 receipt of the notice or such longer period as may be agreed to by
24 the appellant. The Mayor and Common Council shall render its
25 decision within ten days after the close of the hearing. The
26 decision of the Mayor and Common Council shall be final.
27 E. The Police Chief may delegate to the City Clerk clerical
28 and administrative functions relating to applications and permit
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2 SECTION 8. Section 8.81.080 of the San Bernardino Municipal
3 Code is amended to read:
4 "8.81.080 Monitored alarm system standards.
5 All monitored alarm systems sold for installation or
6 installed within the City shall utilize approved Underwriters'
7 Laboratory rated protection equipment or equipment approved by
8 some other recognized testing laboratory or approved by the
9 Director of Communications for use in the City. The Director of
10 Communications shall promulgate standards and regulations for the
Jl determination of whether particular equipment is acceptable for
]2 use in the City, and the Director of Communications shall make
]3 determinations of acceptability of particular equipment, in
]4 accordance with such standards and regulations. All electrical
]5 installation shall be in accordance with applicable requirements
]6 of the City's electrical code, and all necessary installation
]7 permits shall be obtained. Each intrusion alarm system shall be
]8 equipped with an auxiliary power supply capable of providing
]9 adequate power to the alarm system for a minimum of four hours in
20 the event of electrical power interruption. The auxiliary power
21 supply shall be automatically activated, in such a manner that the
22 alarm system is not activated by an electrical power interruption.
23 A system equipped with a power failure alarm which will prevent a
24 false alarm in event of a power outage may be excluded from the
25 auxiliary power requirement."
26 SECTION 9. Section 8.81.090 of the San Bernardino Municipal
27 Code is amended to read:
28 "8.81.090 Permit for City monitored alarms.
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1 A. An alarm user or an alarm agent may apply for, and the
2 Director of Communications may grant, a permit to install and
3 connect at the San Bernardino Communications Center a monitor for
4 an intrusion alarm system or a robbery alarm system, or any
5 combination thereof. A fee in the sum of twenty-five dollars
6 shall be paid to City prior to the issuance of each such permit.
7 The permittee shall pay in advance at the beginning of each
8 calendar quarter, a fee of twenty-five dollars per month for each
9 alarm system monitored by the City. In addition to the foregoing
10 fees, the permittee shall pay the actual costs of installing the
11 monitor as determined by the Director of Communications, and, if
12 any monitor is subsequently disconnected, the costs of removing
13 the monitor as determined by the Director of Communications. The
14 permittee shall give to the Director of Communications at least
15 fifteen days' prior written notice whenever it intends to
16 discontinue service to any alarm system and to remove the
17 installed monitor for such alarm system.
18 B. In determining whether to grant a permit, the Director of
19 communications shall consider the need for City monitoring of the
20 particular alarm, compared to the need for City monitoring of
21 other alarms, the demands of other operations of the Police
22 Department and the Communications Center and the availability of
23 space, equipment and personnel. The Director of Communications
24 may remove or cause the removal of any monitoring device when in
25 his sole discretion the continued monitoring of the alarm no
26 longer meets the criteria set forth above. The decision of the
27 Director of Communications regarding an application or removal is
28 final and not appealable.
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C. Each permittee shall be required, as a condition of
issuance of the permit, to execute an agreement specifying that
the City is not an insurer, that the fees and charges required by
this Section 8.81.090 are based solely on the value of the service
provided, that it is impracticable and extremely difficult to fix
the actual damages, if any, which may proximately result from a
failure to perform such services and, in case of failure to
perform such services and a resulting loss, the City's liability
shall be limited to and fixed at the sum of one hundred dollars as
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liquidated damages, and not as a penalty, and this liability shall
be exclusive.1I
SECTION 10. Section 8.81.100 of the San Bernardino Municipal
Code is amended to read:
"8.81.100 False alarm reports.
The Police Department may give notice to the alarm user of
each police response to the actuation of an alarm which police
investigation determines to be false. An intrusion alarm or an
audible alarm shall be deemed 'false' if, upon investigation,
responding police find no physical demonstrative evidence of
attempted unauthorized entry or of actual unauthorized entry.
vHt.hin 72 hours after receipt of such notice, the alarm user shall
file a written report with the Police Chief containing an
explanation of the cause of activation of the alarm and any
planned corrective action. Alarms which are activated by earthqua e,
flood, extreme and unusual windstorm, tornado or other acts of God,
and alarms activated by actions of persons other than the alarm
user or the alarm business, shall not be considered to be 'false
alarms'. If the alarm system is serviced by an alarm business,
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the report may be filed by the business instead of the alarm user.
The alarm business shall forward a copy of the report to the alarm
user. Failure to respond to such notice shall be grounds for
suspension. II
SECTION 11. Section 8.81.110 of the San Bernardino Municipal
Code is amended to read:
"8.81.110 Notice of name of serviceman or occupant;
nuisance.
A. Every alarm user shall, for each alarm system, file with
the Director of Communications a notice containing the names,
addresses and telephone numbers of the persons to be notified in
case of emergency or alarm activation or to render service to the
system during any hour of the day or night. The persons named
shall include the occupant of the premises or, if unoccupied, the
person from whom entry to the premises may be obtained, and any
alarm business or agents responsible for the maintenance of the
system.
It shall be the duty of the alarm user to maintain such
notice current.
B. An audible alarm which has emitted an alarm signal in
excess of fifteen minutes is hereby declared to be a nuisance. If
service is unavailable from an alarm business or agent responsible
foe the system, the Police Department may cause the alarm to be
disconnected with the cost therefor to be a charge payable by the
alarm user."
SECTION 12. Section 8.81.150 of the San Bernardino Municipal
Code is amended to read:
"8.81.150 Nuisance alarms.
A. The Police Chief may declare an alarm system at a
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1 specific location as a nuisance if such alarm system activates
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excessive false alarms.
It is hereby found and determined that
3 fOeJr false intrusion alarms within any ninety consecutive day
4 period, or two false robbery alarms within any ninety consecutive
5 day period are excessive and constitute a public nuisance.
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B. The Police Chief may suspend the permit for an alarm
7 system which actuates four or more false intrusion alarms, or two
8 or more false robbery alarms, or when the alarm user fails to
9 respond to a notice issued under Section 8.81.100. The Police
10 Chief shall serve the permittee with a written order of
]1 suspension. The order shall state the reason for such suspension.
12 The order shall be effective immediately if personally served, or
13 forty-eight hours after it is deposited with postage prepaid in
14 the United States mail. The order of suspension may be appealed
15 to the City Administrator by the alarm user. A notice of appeal
16 must be filed with the City Administrator within fifteen days
17 after service of the order, with a copy thereof to the Police
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Chief and City Clerk.
If a suspension is appealed, the suspension
]9 shall be stayed pending final determination on the appeal, but the
20 time limit before revocation shall continue to run. The City
21 Administrator or his designee may decide the matter based on the
22 written appeal and documentation provided by the appellant and the
23 Police Chief, or may hold an informal hearing, at his discretion.
24 The City Administrator or his designee shall render a decision on
25 the appeal within ten days following receipt of the appeal,which
26 shall include the effective date of revocation, if any, with
27 notice to the appellant and Police Chief. The City
28 Administrator's decision on the suspension shall be final and non-
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1 appealable, the provisions of Chapter 2.64 notwithstanding.
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C. While an order of suspension is in effect, the alarm
3 system shall receive nonpriority response from the Police
4 Department.
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D. A suspended alarm system permit shall be deemed
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[automaticallY revoked fifteen days after the order of suspension
,becomes effective, unless the permittee presents to the Police
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I[Chief written verification, satisfactory to the Police Chief, that
II the system has been completely eval uated and the problem located
Ijand corrected. Revocation of a permit may be appealed by the
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alarm user directly to the Mayor and Common Council in the manner
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and within the time limits set forth in Section 8.81.070.
If an
13 lappeal is filed, the revocation shall be stayed pending final
14 !determination on the appeal.
15 E. If any alarm system permit is revoked pursuant to this
16 section, the permittee shall surrender the permit to the Police
17 Chief. Any alarm system shall be forthwith disconnected and cease
18 operating, and shall not be put into operation until a new permit
19 is issued.
20
In the event an alarm system permit has been revoked, the
F.
21 alarm user may be granted a new permit only after the deficiencies
22 in the alarm system have been fully corrected, or a different
23 alarm system has been installed by a different alarm business. If
24 the alarm system remains under the same alarm business, the
25 Director of Communications may order a technical inspection by a
26 qualified person to determine whether the deficiencies have been
27 corrected, in which event a one hundred dollar inspection fee
28 shall be paid prior to the grant of a new permit at that
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1 location. II
2 I BEREBY CLR'I'IFY that the foresoing ordinance was duly
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3 I adopted by the I-iayor und Common Council of tbe City of San
4 !Bernardino at a regular c~eting thereof, held on
5
16th day of
, 1932, by the follo\'ling vote,
the
A tJ'ltlS t
6 to wit:
7
I\YES:
Council HeL1bers---C<istanpda. Reilly. llernandez.
8
Ouiel. Strickler
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Nl1.YS:
None
ABSENT' :
council Member Hobbs
~$L)/d/~~b
/ Ci ty Clerk
of
The foregoing-
tJlf1~
ordinance is hereby approved
this
day
, 1982.
ll..pproved as to form:
~~~$tJ
Ci y A torney
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