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ORDINANCE NO.
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.81
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY ALARM
3 SYSTEMS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 8.81 of the San Bernardino Municipal Code
7 is amended to read:
8 "Chapter 8.81
9 SECURITY ALARM SYSTEMS
8.81.010 Purpose.
11 The purpose of this chapter is to establish standards and
]2 controls of the various types of intrusion, holdup, and other
]3 emergency signals from alarm systems that require police response
14 or investigation, and for the businesses and persons installing
]5 and servicing such systems in order to protect the public health,
16 welfare and safety.
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8.81.020 Definitions.
18 For the purposes of this chapter, the following definitions
]9 shall apply:
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'Alarm agent' means any person who is self-employed or
A.
2] employed either directly or indirectly by an alarm business whose
22 duties include any of the following: selling, maintaining,
23 leasing, servicing, repairing, altering, replacing, moving or
24 installing an alarm system in or on any building, place or
25 premises.
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'Alarm business' means any person, firm or corporation
B.
27 conducting or engaged in the business of selling, leasing,
28 maintaining, servicing, repairing, altering, replacing, moving,
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installing or monitoring an alarm system in or on any building,
place or premises.
C. 'Alarm system' means any device connected electronically
to the City Communication Center or other central monitoring
point designed for the detection of an unauthorized entry on
premises or for alerting others of the commission of an unlawful
act or both, and when actuated, emits a sound or transmits a
signal to indicate that an emergency situation exists, 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 system' 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 on the premises.
P. 'PaIse alarm' means the activation of an alarm system
necessitating response by the pOlice when an emergency does not
exist. Alarms generated by earthquakes, tornados or hurricanes
ill not be considered to be false alarms.
G. 'Nonpriority' means that police response to the
activation of an alarm will not be given precedence over other
calls and will be predicated upon availability of police units and
other service needs.
H. 'person' means any individual, partnership, corporation
or other entity.
1. 'Police Chief' means the Police Chief of the City.
J. 'Director of Communications' means the Director of
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Communications of the City.
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 the business of selling,
leasing, installing, servicing, maintaining, repairing, replacing,
moving, removing or monitoring an alarm system in or on any
building, place or premises within the City without first having
registered with the Police Department. Registration shall not be
required for any business which only sells or leases alarm devices
at 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, the number of the
license issued by the State Director of Consumer Affairs for the
alarm business, presentation of a valid City business license,
and the name and business address of the manager of operations for
the area which includes the City.
8.81.050 Alarm agent registration required.
It is unlawful for any person, including the owners of an
alarm business, to engage directly in the selling, leasing,
aintaining, servicing, repairing, altering, replacing, moving or
installing of an alarm system in or on any building, place or
remises within the City without first having registered his name
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and filed with the Police Chief a copy of the alarm agent
registration card issued to him by the State Director of Consumer
Affairs pursuant to the provisions of Section 7514(g) of the
California Business and Professions Code. Nothing in this section
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. Nothing in this
section shall require a person to register who is merely a
salesman for any business not required to obtain an alarm business
permit under the provisions of Section 8.81.040, if the salesman
does not engage in any other activities related to alarm systems
apart from selling.
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.
Any person registered with the Police Department as an alarm agent
shall immediately report to the Police Chief any change of
address.
8.81.070 Alarm system permit.
No person shall install or cause to be installed, use,
maintain or possess an alarm system on premises owned or in the
possession or control of such person within the City unless an
alarm system permit for the system is first obtained from the
Police Chief of the City in accordance with this section. The
alarm user shall be the applicant. Applications may be
transmitted to the Police Chief by an alarm agent or an alarm
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1 issuance.
2 8.81.080 Alarm system standards.
3 All alarm systems sold for installation or installed within
4 the City shall utilize approved Underwriters' Laboratory rated
5 protection equipment or equipment approved by some other
6 recognized testing laboratory or approved by the Director of
7 Communications for use in the City. The Director of
8 Communications shall promulgate standards and regulations for the
9 determination of whether particular equipment is acceptable for
10 luse in the City, and the Director of Communications shall make
11 determinations of acceptability of particular equipment, in
12 accordance with such standards and regulations. All electrical
13 installation shall be in accordance with applicable requirements
14 of the City's electrical code, and all necessary installation
15 permits shall be obtained. Each alarm system shall be equipped
16 with an auxiliary power supply capable of providing adequate power
17 to the alarm system for a minimum of four hours in the event of
18 electrical power interruption. The auxiliary power supply shall
19 e automatically activated, in such a manner that the alarm system
20 is not activated by an electrical power interruption. A power fail re
21 alarm which will not result in a false alarm in event of a power
22 outage may be excluded from the auxiliary power requirement.
23 8.81.090 Permit for City monitored alarms.
24 An alarm user or an alarm agent may apply for, and the
25 irector of Communications may grant, a permit to install and
26 connect at the San Bernardino Communication Center a monitor for
27 n intrusion or robbery alarm system. A fee in the sum of twenty-
28 five dollars shall be paid to City prior to the issuance of the
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1 permit. The permittee shall pay in advance at the beginning of
2 each calendar quarter, a fee of twenty-five dollars per month for
3 each alarm system monitored by the City. In addition to the
4 foregoing fees, the permittee shall pay the actual costs as
5 ,determined by the Director of Communications of installing of the
6 monitor, and, if any monitor is subsequently disconnected, the
7 costs as determined by the Director of Communications of the
8 removing of the monitor. The permittee shall give to the Director
9 of Communications at least fifteen days' prior written notice
]0 whenever it intends to discontinue service to any alarm system and
1] to remove the installed monitor for such alarm system.
]2 In determining whether to grant a permit, the Director of
J3 Communications shall consider the need for City monitoring of the
14 particular alarm, compared to the need for City monitoring of
]5 other alarms, the demands of other operations of the Police
]6 Department and the Communications Center and the availability of
17 space, equipment and personnel. The Director of Communications
18 may remove or cause the removal of any monitoring device when in
19 his sole discretion the continued monitoring of the alarm no
20 longer meets the criteria set forth above. The decision of the
21 Director of Communications regarding an application or rernoval is
22 final and not appealable.
23 Each permittee shall be required, as a condition of issuance
24 of the permit, to execute an agreement specifying that the City is
25 not an insurer, that the fees and charges required by this Section
26 8.81.090 are based solely on the value of the service provided,
27 that it is impracticable and extremely difficult to fix the actual
28 damages, if any, which may proximately result from a failure to
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1 perform such services and in case of failure to perform such
2 services and a resulting loss the City's liability shall be
3 limited to and fixed at the sum of one hundred dollars as
4 liquidated damages, and not as a penalty, and this liability shall
5 be exclusive.
6 8.81.100 False alarm reports.
7 The Police Department may give notice to the alarm user of
8 each police response to the actuation of an alarm which police
9 investigation determines to be false. Within 72 hours after
10 receipt of such notice, the alarm user shall file a written report
11 with the Police Chief containing an explanation of the cause of
]2 activation of the alarm and any planned corrective action. If the
13 alarm system is serviced by an alarm business, the report may be
14 filed by the business instead of the alarm user. The alarm
15 business shall forward a copy of the report to the alarm user.
16 8.81.110 Notice of name of serviceman or occupant.
17 Every alarm user shall, for each alarm system, or audible
18 alarm system, file with the Director of Communications a notice
19 containing the names, addresses and telephone numbers of the
20 persons to be notified in case of emergency or alarm activation or
21 to render service to the system during any hour of the day or
22 night. The persons named shall include the occupant of the
23 premises or, if unoccupied, the person from whom entry to the
24 premises may be obtained, and any alarm business or agents
25 responsible for the maintenance of the system. It shall be the
26 duty of the alarm user to maintain such notice current.
27 An audible alarm which has emitted an alarm signal in excess
28 of fifteen minutes is hereby declared to be a nuisance. If
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I service is unavailable from an alarm business or agent responsible
2 for the system, the Police Department may cause the alarm to be
3 disconnected with the cost therefor to be a charge payable by the
4 alarm user.
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8.81.120 Monitoring services.
6 Every alarm business which monitors an alarm system located
7 within the City shall maintain on file a current listing of all
8 such alarm systems including the name, address and telephone
9 number of the individual or individuals from whom entry to the
10 premises may be obtained. Said information shall be submitted
]1 to the Police Department upon request of its authorized
]2 representative.
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8.81.130 Alarm agents - Registration in possession.
14 Every person engaged in installing, repairing, servicing,
]5 altering, replacing, moving or removing an alarm system or an
]6 audible alarm system as defined in this chapter on any premises
]7 within the City, other than those owned or occupied by said
]8 person, shall carryon his person at all times while so engaged a
]9 valid state alarm agent registration card and shall display such
20 card to any police officer upon request,
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8.81.140 Telephone device prohibited.
22 No person shall use or cause to be used any telephone device
23 or telephone attachment that automatically selects a public
24 telephone trunk line to the City Police Department or
25 Communications Center and then reproduces any prerecorded message
26 to report any burglary or other emergency.
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8.81.150 Nuisance alarms.
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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 actuates
2 excessive false alarms. It is hereby found and determined that
3 four 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.
6 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 within any ninety consecutive day
9 period. The Police Chief shall serve the permittee with a written
10 order of suspension. The order shall state the reason for such
11 suspension. The order shall be effective immediately if
]2 personally served, or forty-eight hours after it is deposited with
13 postage prepaid in the United States mail. The order of
]4 suspension may be appealed to the City Administrator. A notice of
15 appeal must be filed with the City Administrator within fifteen
16 days after service of the order. If a suspension is appealed, the
17 suspension shall be stayed pending final determination on the
18 appeal. The City Administrator shall render a decision on the
19 appeal within ten days following receipt of the appeal. The City
20 Administrator's decision shall be final and non-appealable.
21 C. While an order of suspension is in effect, the alarm
22 system shall receive nonpriority response from the Police
23 Department.
24 D. A suspended alarm system permit shall be deemed
25 automatically revoked fifteen days after the order of suspension
26 becomes effective, unless the permittee presents to the Police
27 Chief written verification, satisfactory to the Police Chief, that
28 the system has been completely evaluated and the problem located
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1 and corrected. Revocation of a permit may be appealed to the City
2 Administrator and to the Mayor and Common Council in the manner
3 and within the time limits set forth in Section 8.81.070. If an
4 appeal is filed, the revocation shall be stayed pending final
5 determination on the appeal.
6 E. If any alarm system permit is revoked pursuant to this
7 section, the permittee shall surrender the permit to the Police
8 Chief.
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F. In the event an alarm system permit has been revoked, the
10 alarm user may be granted a new permit only after the deficiencies
]1 in the alarm system have been fully corrected, or a different
12 alarm system has been installed by a different alarm business. If
13 the alarm system remains under the same alarm business, the
14 Director of Communications may order a technical inspection by a
15 qualified person to determine whether the deficiencies have been
16 corrected, in which event a one hundred dollar inspection fee
17 shall be paid prior to the grant of a new permit at that location.
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8.81.160 Enforcement.
19 Violation of this chapter is a misdemeanor and is punishable
20 by a fine of not more than five hundred dollars or by imprisonment
21 for not more than six months, or by both such fine and
22 imprisonment. Revocation of a permit shall not be a defense
23 against prosecution.
24 The conviction or punishment of any person for violation of
25 the provisions of this chapter or for failing to secure a permit
26 as required by this chapter shall not relieve such person from
27 paying the permit fee due and unpaid at the time of such
28 conviction, nor shall payment of any permit fee prevent criminal
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1 prosecution for violation of any of the provisions of this
2 chapter. All remedies shall be cumulative and the use of one or
3 more remedies by the City shall not bar the use of any other
4 remedy for the purpose of enforcing the provisions of this
5 chapter, The amount of any permit fee, monitoring fee or other
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ICharge provided for in this chapter shall be deemed a debt to the
ICity. An action may be commenced in the name of the City in any
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court of competent jurisdiction for the amount of any delinquent
9 fee or charge. All fees and charges shall be delinquent thirty
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!days after they are due and payable."
I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
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the
4th day of
Januarv
.
, 1982, by the following vote,
15 to wit:
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AYES:
Council Members
Castaneoa, Reilly, Botts, Hobbs,
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Strickler
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NAYS:
Non"
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ABSENT:
Council Member Hernanoez
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~ ~/ I
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/ City Clerk
7d day
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The foregoing ordinance is hereby
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of
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e City of San Bernardino
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Approved as to form:
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