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HomeMy WebLinkAboutOrdinances_2457 ORDINANCE NO, 2457 Al' ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 5.12 OFTHERED LANDS MUNICIPAL CODE RELATING TO SECURITY ALARM SYSTEMS The City Council of tile City of Redlands, California,, does ordain as follows: Section 1. Chapter 5.12 of the Redlands Municipal Code is hereby amended to read as follows: "5.12.010 Definitions. :For the purpose of this Chapter, the following words and phrases shall have the meanings ascribed to them: A. "Alarm agent" means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, monitoring,servicing,repairing,altering,replacing,moving or installing in or on any building,place or premises, any alarm system. B. "'Alarm business" means any person, firm or corporation engaged in or causing the selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises. C. "Alarm system"means any device designed for the detection of fire, an unauthorized entry on premises or for alerting others of the commission of an unlawful act or a combination thereof, which, when actuated, emits a sound or transmits a signal or message to indicate that an emergency situation exists, and to which safety personnel are expected to respond. D. "Alarm user" means any person using an alarm system whether as a subscriber or proprietor, at a place of business or residence of such person. E. "Audible alarm""means a device designed for the detection of fire or an unauthorized entry and which, when actuated, generates an audible sound on the premises. F. "Chief' means the Chief of Police of the City or the Chief's designee. G. "False alarm"' means an alarm signal necessitating response by the fire or police department when an emergency does not exist. Tile activation of an alarm resulting from hurnan error, a system malftinction, improper installation of the system, or design deficiencies shall constitute afialse alarm. 'flie activation of an alarm resulting frorn earthquakes,high intensity winds, unusual acts, of nature, or general power outages shall not constitute a false alarm, LWJ nikOr&0rd245 7.wpd U "Non-priority" 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, 1. "Person" means any individual, partnership, corporation or other entity. J. "Proprietor alarm" means an alarm system or audible alarm which is not serviced by an alarm business. K. "Subscriber" means a person contracting with an alarm business for the leasing, servicing, or maintenance of an alarm system. 5.12.020 Business License - Required, No person, firm or corporation shall engage in the business of installing, monitoring, maintaining, repairing, altering, replacing, or moving in or on any building, place or premises abutting on or adjacent to a public street, alley or way, any device commonly known as a burglar alarm,fire alarm,holdup alarm or similar protective device or system without first having obtained from the City Treasurer a license to do so. 5.12.030 Alarm agents -- Identification card required. Every person engaged in the business of repairing, servicing,altering, replacing, removing, monitoring or installing an alarm system shall carry on his person, at all times while so engaged, a valid identification card and shall display such card to any police officer on request, which identification card shall be in the form prescribed for the Chief and may be obtained from him upon proof of payment of the required fee to the City Treasurer. Upon revocation of the license under which such identification card is issued or termination of employment of any person holding such card from the business described herein,the identification card shall be returned to the Chief. It shall be unlawful for any person to carry on his person, use, display or have in his possession any such identification card containing any false or fictitious information,or possess such card when he is not employed by any person having a license under this Chapter, or himself hold such license. 5.12.040 Exemptions. The provisions of Sections 5.12.020 and 5.12.030 shall not be applicable to: A. Audible alarm affixed to automobiles, unless the vehicle alarm is connected to a central monitoring system. B. Subscribers and alarm users of alarm systems whose sole function is the detecting of fire. hdj ni\Ord0OM245 7.wpd 2 5.12-050 Registration -- Procedure generally. Every person engaged in the business covered by this Chapter shall comply with the registration requirements provided in Sections 5.12.060 through 5.12.130. 5.12.060 Alarm Agent Registration -- Application. A. It is unlawful for Cony person,including the owner of an alarm business,to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of an alarm system in or on any building, place, or premises within the City without first having registered and filed with the Chief of Police a copy of the City Business License and alarm agent registration card issued to such person by the State Director of Consumer Affairs pursuant to the provisions of Section 7598.14 of the California Business and Professional Code; provided,however, 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; and further provided, nothing in this Chapter shall require a person to so register who is merely a salesperson for any business not required to obtain an alarm business permit under the provisions of said section, if such salesperson does not engage in any other activities related to alarm systems apart from selling. B. Registration of the Agent/Owner shall be accomplished by furnishing such information as may be required by the Chief of Police, including but not limited to: 1. Giving the full name of the applicant and business; 2. Giving the name and address of the applicant's employer, firm or corporation and credentials showing the applicant's relationship 3. Giving a brief description of the nature of the activity and the services to be solicited or sold; 4. Giving his present address and his permanent address and the local address from which sales will be made; 5. Giving the date the activity will commence within the City. 6. Giving the number of the license issued by the State Director of Consumer Affairs for the alarm business,City of Redlands Business License,and the name and business address of the manager of operations for the area which includes the City. 7. Provide a complete list of all Alarm Agents that will conduct business in the City. 5.12.070 Registration -- Application fee non-refundable. At the time of making application for police registration, a non-refundable registration fee as established by resolution of the City Council, shall be paid to the Police Department to cover the cost of investigation and registration, f AdjmX')r&0rd2457.wpd 3 5.12.080 Registration -- Investigation and Identification. The completed and signed application for police registration shall be presented by the applicant to the Chief and such further information furnished as may be required to enable the Police Department properly to investigate and evaluate the applicant's record. At this time,such applicant shall be photographed, unless lie furnishes two satisfactory photographs of himself, taken within sixty days immediately prior to the date of filing application with the Chief, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishable manner; and such photographs shall be made a part of the permanent registration record. 5.12.090 Registration—Application approval. If, after causing investigation as he deems necessary, the Chief is reasonably satisfied that the applicant's character and business responsibility are such that the applicant will not endanger the public safety, the Chief may then approve the application and register such applicant for the City. 5.12.100 Registration -- Certificate. As evidence of compliance with the provisions of this Chapter,the Chief shall issue to each applicant who complies and is registered, a "certificate of registration" which shall show the name and signature of the registrant,his photograph and brief physical description. This certificate shall be dated, countersigned, and show the expiration date of such registration. 5.12.110 Registration --Validity. The certificate of registration issued pursuant to the provisions of this Chapter shall be valid for a period of twelve months form the date of issuance and the holder thereof must re-register at the, end of each twelve month period thereafter. 5.12.120 Registration -- notification of change and/or correction. Any alarm business registered with the Police Department shall immediately report to the Chief any change of address or ownership of the business or the name of business, address of the manager of operations for the area which included the City. Any person registered with the Police Department as an alarm agent shall immediately report to the Chief any change of address. Whenever any change occurs relating to the written information required by this section, the permittee shall give written notice of such change to the Chief within five (5) calendar days, 5.12.130 Registration -- Renewal by Council upon revocation. No certificate of registration shall be issued to any person who has had a certificate revoked 1:%dj ni\Ord\Ord24 5 7 wpd 4 pursuant to this Chapter, except upon the applicant's applying to the City Council and the City Council's authorizing the issuance of the certificate. 5.12.140 Emergency service. Every person, form or corporation operating Linder a license issued under this Chapter shall maintain or have available at all hours a serviceman or agency available to respond to emergency service calls at all hours of every day,and which serviceman or agency shall render such emergency service at all hours of the day if requested to do so by any member of the Police or Fire Department or other authorized City officials. 5,12.150 Notification posting. Every person,firm or corporation maintaining an alarm system described in this Chapter shall either post on the premises of the alarm system or file with the a Police Department a notice containing the names 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 the alarm business or agents responsible for the maintenance of the system. If posted,such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; and the notice shall be posted in such a position as to be clearly legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain current such a notice whether posted or filed with the Police Department. 5.12.160 Alarm system standards. The City Council may prescribe by resolution minimum standards, for the construction and maintenance and require inspection and approval of all alarm systems,proprietor alarms and audible alarms installed within the City. 5.12.170 Report of false alarm required. Following police response to the actuation of an alarm which investigation by the Police Department determines to be false and upon notification of said fact by the Police Department, the alarm user shall file a written report with the Chief within seventy-two (72) hours upon receipt of notice to do so from the Chief. Such report shall contain all information pertaining to the activation of the alarm and planned corrective action, if any. Where the alarm system is serviced by an alarm business, the report shall be made by such business and a copy forwarded to the alarm user by the alarm business. The investigation of any false alarm by any person other than members of the Police Department shall also result in the notification to the alann user that such an incident occurred and shall not relieve the alarm user or alarm business of the formal report responsibility provided for in the section. I Adjm�Ord\OrdN 5 7.wpd 5 5.12.180 False Alarm Response Fees, A. A false burglary alarm response,fee shall be paid to the Police Department after three(3) false alarms have been received from any one source or from any one alarm systern within any consecutive three hundred sixty five (365) day period. No fee shall be charged for false burglary alarms occurring within thirty(30)days following initial installation of any new alarm provided said system otherwise complies with the requirements of this chapter. The false burglary alarm response fee shall be in such amount as established by the City Council. A higher false burglary alarm fee may be established for each additional false burglary alarm during any consecutive three hundred sixty five (365) day period. B. A false robbery alarm response fee shall be paid to the Police Department after two(2) false robbery alarms have been received from any one source or from any one alarm system within any consecutive three hundred sixty five (365) day period. The false robbery alarm fee shall be established by the City Council. A higher false robbery alarm fee may be established for each additional false robbery alarm during any consecutive three hundred sixty five (365) day period. C. All fees established and/or levied by this section shall be paid to the Police Department within thirty (30)days from the date of the invoice rendered for said fee by the holder of the alarm user's permit or the owner of the premises upon which the subject alarm system is located if no permit has been issued for such system. 5.12.190 Audible alarm requirements. A. Every person maintaining an audible alarm which does not contain a mechanical means to effect an automatic turnoff of the alarm within fifteen minutes after it is first activated, shall post a notice containing the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building. B. If service is unavailable,audible alarms which have emitted an alarm signal in excess of thirty (30) minutes are declared to be nuisances, and the Police Department may cause such alarm to be disconnected by a registered alarm agent, with the full cost to be paid by the alarm user. C. All audible alarms installed within the City shall be equipped with mechanical means to effect an automatic turnoff and reset. 5.12.200 Alarm system inspection. Each alarm system shall be inspected annually. A report of such inspection shall be submitted to the Chief by the alarm business servicing or maintaining such alarm system. Where a proprietor alarm is involved the report shall be made by the permittee. The inspection report shall be submitted concurrent with the application for renewal of license or permit or within sixty days lAdj m\0rd\Ord245 7 wpd 6 of alarm system installation. 5.12.210 Monitoring Services. Every alarm business which monitors an alarm system located within the City shall maintain on file a current listing of all such alarm systems including the alarm permit number and the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be available to the Police Department upon request of any authorized representative thereof. The alarm permit number assigned to an alarm system by the Police Department shall be given to the Police Dispatcher at the time an alarm is reported to the Police Communications Center by an alarm company, a central monitoring station, a telephone, answering service or any other business that monitors and reports alarms. 5.12.220 Telephone devices. No person shall use or cause to be used any telephone device or telephone attachment that is activated electronically to automatically dial a telephone line ofthe City government and then emit a tone or prerecorded message to report any emergency condition. 5.11230 Use of Panic Button. A burglary or robbery panic button shall only be used when there is a threat of life or property. It shall be unlawful to use such panic button to merely summon the police. 5.12.240. Enforcement. The conviction or punishment for violations of the provisions of this Chapter, or for failing to secure a permit as required by this Chapter, shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor in the alternative shall the payment of any permit fee prevent criminal prosecution for the violation of the provisions of this Chapter. All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit and alarm fees shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent fees. All permit and alarm fees shall be deemed delinquent thirty days after they are due and payable. 5.12.250 Nuisance abatement. The Chief may declare an alarm,system at a specific location to be a nuisance if such alarm system actuates excessive false alarms. The City Council hereby finds and determines that four(4) false burglary alarms within one year (365 days) or three (3) false robbery alarms within three hundred sixty five(365)days is excessive and thereby constitutes a public nuisance. The Chief shall not consider any false alarm in this computation of nuisance alarms if such false alarm was generated 1:\dj m\Ord\Ord245 7.wpd 7 by an earthquake, high intensity wind, unusual act of nature or general power outage. Nuisance alarms shall be considered those that are the result of the negligence of the alarm user,the agents or employees of the alarm user, or a defect in the alarm system. 5.12.260 Non-response policy. The Chief shall have the authority to institute an immediate non-response policy for any violation of sections contained in this Chapter. Such policy shall provide that the City's police personnel shall not respond to future alarms at such premises. Such non-response policy shall be taken only after adequate written notification has been given to the alarm user and any alarm company involved." Section 2. The Mayor shall sign this ordinance and the City Clerk will certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. Mayor of the City of Redlands ATTEST: Cit Jerk 1,Lorrie Poyzer, City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was adopted by the City Council of the City of Redlands at a regular meeting thereof field on the 17th day of October, 2000 by the following vote: AYES: Councilmembers George, Freedman, Peppler, Haws; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None -4te-ut, Lor ritiloyzer, Cit��f�a 1:\djtnk0rd\0rd24 5 7.wpd 8