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HomeMy WebLinkAboutMC-773 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDINANCE NO. MC-773 2 3 4 5 6 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.81 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY ALARM SYSTEMS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.81 of the San Bernardino Municipal , Code is hereby amended to read as follows: "Chapter 8.81 SECURITY ALARM SYSTEMS "8.81.010 Purpose. The purpose of this chapter is to provide minimum standards and regulations applicable to alarm systems and to provide for punishment for violations of the provisions of this chapter. "8.81.020 Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alarm agent" means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises. B. "Alarm business" means any person, firm or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. A business which only sells or leases alarm devices from a fixed location and does not service, install, JNM:ms/alarm.ord 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC- 77 3 monitor or respond to alarm systems at the protected premises or call upon pOlice to do so is not an "al arm business" for the purposes of this chapter. C. "Alarm system" means any device arranged to signal the presence of a hazard requiring urgent attention and to which pOlice are expected to respond. D. "Alarm user" means any person who has an alarm system installed at his or her place of business or residence. E. "Audible alarm" means a device designed for the detection of the unauthorized entry on or attempted entry into a premise or structure or for alerting others of the commission of an unlawful act or both, and which, when actuated, generates an audible sound. F. "Automatic dial ing system" means any device which automatically sends over regular telephone lines, by direct connection or otherwise, a pre-recorded message indicating the existence of a hazard requiring urgent attention and to which police are expected to respond. G. "False alarm" means an alarm signal which necessitates or causes response by police when an emergency does not exist. This does not include alarms caused by acts of nature. H. "Intrusion alarm" means an alarm system signaling an entry or attempted entry into the area protected by the system. I. "Panic alarm" means an alarm system by which the signal transmission is initiated by the direct action of a person. J. "Robbery alarm" means an alarm system signaling a robbery or attempted robbery. JNM:ms/alarm.ord 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-773 K. "Subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system or for the servicing or maintenance of an alarm system. "8.81.030 Nonapplicability. The provisions of this chapter are not applicable to audible alarms affixed to automobiles, unless the vehicle alarm is connected to a central monitoring system. "8.81.040 Alarm business registration. It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carryon an alarm business within the City of San Bernardino without first having registered with the pOlice department. Registration is not required for any business which only sells or leases alarm systems from a fixed location unless the 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 and a copy of its State issued license. The police department shall notify the alarm business at the time of such registration that a city business license is required. "8.81.060 Notification of Change Any alarm business registered with the police department shall immediately report to the Police Chief any change of address or ownership of the business or the name or business address of the manager of operations for the area which includes the City. JNM:ms/alarm.ord 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 y MC-773 "8.81.070 Alarm system permit. A. No person shall install or use an alarm system without first applying for an alarm system permit from the Chief of Police, nor shall a person use an alarm system unless the alarm system permit remains valid and in effect. The application for an alarm system permit shall be submitted on a form as prescribed by the Chief of Police and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant and the person or business who will render service or repair during any hour of the day or night, and the type or types of systems to be utilized. B. A separate permit shall be required for each separate building; within a mall 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 an alarm permit fee. Robbery alarm systems and intrusion alarm systems shall each have a separate permit, but any combination thereof may be included in the same application and only one fee will be charged for one building or entity. C. An annual permit fee will be charged at a rate set by resolution of the Mayor and Common Council. "8.81.080 Audible alarm requirements. A. No person shall install or maintain any audible alarm or other alarm system which upon actuation emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. JNM:msjalarm.ord 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 I MC-773 B. An audible alarm shall contain a means to effect an automatic turnoff of the alarm within fifteen (15) minutes after it is first activated. C. If an audible alarm has emitted an alarm signal in excess of thirty (30) minutes in anyone-hour period, and the alarm business or responsible person for the protected premises has been notified and does not respond, or reasonable efforts of notification have been made to no avail, the alarm may be declared a nuisance and the pOlice department may cause such alarm to be disconnected by a registered alarm agent, the cost thereof to be charged payable by the alarm user. "8.81.100 False alarm. The City shall charge false alarm fees at a rate set by resolution of the Mayor and Common Council. 8.81.110 Notice of name of servicer or occupant. A. Every alarm user shall post or cause to be posted a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any time the alarm is actuated. The notice shall be posted in such a position as to be readable from the ground level outside the protected premises. B. In the event that the responsible person for the protected premises is requested by the police department to respond to the premises to render necessary service, such response and service shall be accomplished promptly. "8.81.120 Monitoring services. Every alarm business which monitors an alarm system located JNM:msjalarm.ord 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-773 within the city shall maintain a current listing of all such alarm systems including the name, address and telephone number of individuals responsible for the protected premises and shall provide that information to the police department upon demand. "8.81.140 Automatic dialing and taped message alarm systems. It is unlawful for any person to install, use or cause to be used any telephonic device which is activated to automatically select a public telephone line of the city to reproduce a prerecorded message to report anything requiring urgent attention and to which pOlice are expected to respond. "8.81.150 Grounds for revocation of permit - Notices, surrender of permit, reinstatement. A. The following shall constitute grounds for revocation of permit: 1. The failure to observe any of the regulations or other provisions of this chapter. 2. If the alarm system for which the permit is issued emits ten (10) or more false alarms within any consecutive three hundred and sixty-five day period. 3. If the responsible person for a protected premises refuses to respond promptly when requested by the police department. 4. The permittee, his employee or agent has knowingly made a false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed as prescribed by the provisions of this chapter. JNM:ms/alarm.ord 6 1 2 3 4 5 6 ' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-773 5. If the fees established by this section are not paid within fifteen days from the date of the invoice rendered for such fee. B. The Police Chief shall serve the permittee with a written order of revocation. The order shall state the reason for revocation and shall be effective immediately if personally served, or forty-eight hours after it is deposited, Certified Mail - Return Receipt Requested, with postage prepaid in the United states mail. C. The permittee shall surrender the permit to the Police Chief upon notification of revocation. Any alarm system shall be forthwith disconnected and cease operating, and shall not be put into operation until a new permit is issued. D. Reinstatement of a revoked permit may be granted after compliance with one of the following: 1. Full correction of the deficiencies in the alarm system, that correction documented in writing and submitted to the Chief of Police showing that: a. Mechanical malfunctions have been corrected, proof being from the alarm business, or b. User errors have been corrected, proof being from the alarm user, or c. Installation of a new alarm by a different alarm business, proof being from the new alarm business. 2. In the case where the correction is made as set forth in subsection (l)(a) or (1) (b) of this section, the Chief of Police will order a technical inspection by a qualified person to JNM:ms/alarm.ord 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-773 determine whether the deficiencies have been corrected, in which event a one hundred dollar ($100) inspection fee shall be paid prior to the grant of a new permit at that location. 3. A formal appeal of the order of revocation may be made within fifteen days of the date of revocation by filing a Notice of Appeal with the office of the City Administrator, City Hall, 300 No. "D" Street, Sixth Floor, San Bernardino, California, 92401. The City Administrator shall render a decision on the appeal within ten days following receipt of the appeal, with notice to the appellant and Police Chief. The City Administrator's decision on the revocation shall be final and non-appealable. E. Upon reinstatement, a new alarm system permit shall be issued as set forth in Section (8.81.070) of this chapter. "8.81.160 Enforcement A. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of this Code. Revocation of a permit is not a defense against prosecution. B. The Police Chief shall have the authority to institute an immediate no-response pOlicy for violation of any portion of this ordinance. Such no-response pOlicy will be taken only after written notice has been given to the alarm user. "8.81.170 Fines. The fines assessed in this Chapter shall be made payable to the City of San Bernardino. The Finance Department shall be JNM:ms/alarm.ord 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MC-77 3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.81 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY ALARM SYSTEMS. responsible for account maintenance and collection. "8.81.180 Permit not transferrable. No alarm permit issued under the provisions of this Chapter shall be assignable or transferable." I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular the 11th day of March wit: Council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER of The foregoing March Approved as to 25 form and legal content: 26 27 28 meeting thereof, held on , 1991, by the following vote, to AYES NAYS ABSTAIN X X X X X X X /' "X ~>.u.-<+/ L4----~-A...L.<./ Cit~Clerk .'J / J 1/1,- day . /' 9