HomeMy WebLinkAboutOrdinances_2418_CCv0001.pdf ORDINANCE NO. 2418
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHARTER 5.12
OF THE REDLANDS MUNICIPAL CODE RELATING TO SECURITY ALARM
SYSTEMS
The City Council of the 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, certain words and phrases used
herein are defined as follows:
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 inoron 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 Chiefs designee.
G. "False alarm" means an alarm signal necessitating response by the fire or police
department when an emergency does not exist. The activation of an alarm resulting from human
error, a system malfunction, improper installation of the system, or design deficiencies shall
constitute a false alarm. The activation of an alarm resulting from earthquakes,high intensity winds,
unusual acts of nature, or general power outages shall not constitute a false alarm.
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H. "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 maintaining of an alarm system.
512.020 Business License - Required.
No person, firm or corporation shall engage in the business of installing, monitoring,
maintaining, repairing, altering, replacing, moving or causing to be installed 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.
.1 .031 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.
5.11040 Exemptions.
The provisions of Sections 5.12.020 and .1 030 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.
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5.12.050 Business License -- Application.
Before such a license may be issued the applicant shall make application in writing, setting
forth the name, age, business and residence address if a natural person, names, ages, business and
residence addresses of each partner if a partnership; other names of its principal officers and
business address if a corporation..
5.11060 Business License -- Fee -- Designation.
The fee for such license shall be established by resolution of the City Council of Redlands
and shall be payable annually in advance.
5.12.1170 Business License --Fee -- Proration.
This license is for the fiscal year (July 1st to July Ist), and the fee shall not be prorated.
5.12.080 Business License -- revocation,
Any license issued under this Chapter may be revoked,by the City Council at any time that
the licensee has wilfully or negligently failed to comply with any of the provisions of this Chapter'.
5.12.090. Building code and business license requirements.
Compliance with this Chapter will be deemed compliance with the Building Code and the
business license ordinance.
5.12.090 Registration -- Procedure generally;.
Every person engaged in the business covered by this Chapter shall comply with the
registration requirements provided in Sections 5.12.110 through 5.12.180.
5.12.110 Alarm Agent registration -- Application.
A. It is unlawful for any person,including the owner of an alarm business,to engage directly
in the selling, leasing, maintaining,servicing, repairing,altering, replacing,moving or installing o
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 moue 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 salesperson for
any business not required to obtain an alarm business permit under the provisions of said section,
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if such salesperson does not engage in any other activities related to alarm systems apart from
selling.
B. Registration 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.
5.12-120 Registration -- Application fee nonrefundable.
At the time of making application for police registration,a nonrefundable registration fee as
established by resolution of the City Council of Redlands in addition to the criminal fingerprints fee,
shall be paid to the Police Department to cover the cost of investigation and registration.
5,12.130 Registration --Termination at police department-- Annual fee.
A. Applications for installation will be made through the Chief of Police for assignment of
position on alarm panel.
B. An annual fee as established by resolution of the City Council of Redlands shall be
payable in advance. This fee is for the fiscal year(July Ist to July Ist); or any part thereof and the
fee shall not be prorated.
5.1 .140 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 fingerprinted and photographed,unless he 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 and fingerprints shall be made a part of the
permanent registration record.
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5-11150 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.
5.12,160 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.
5.12.170 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.
5.12.175 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 )calendar days.
5,12:180 Registration -- Renewal by Council upon revocation.
No certificate of registration shall be issued to any person who has had a certificate revoked
pursuant to this chapter, except upon the applicant's applying to the City Council of Redlands and
the City Council's authorizing the issuance of the certificate.
5.12.184 Alarm User's 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 without first having
obtained an alarm users permit from the Chief in accordance with this section. The application for
an alarm user permit shall be submitted on a form as prescribed by the Polio Department and shall
include:
A. The address of the premises wherein the system is to be located;
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E. The name; address and telephone number of the applicant;
C. The name, address and telephone number of a second person who may be contacted in
case of an emergency,
D. The name,address and telephone number of the person who will render alarm service or
repairs during any hour of the day or night. ff requested by the Police Department. the person(s)
listed shall be required to be present at the alarm location within forty-five(45)minutes after being'
advised that the Police Department has received any signal or message of an alarm activation-
E. The application shall be accompanied by a non-refundable fee in such amount as may be
established by resolution of the City Council.
A separate alarm system permit shall be required for each premises or address on which an
alarm system is used or installed. Alarms system permits shall not be transferable. A new alarm
user's permit shall be issued when a business/residence changes its name, ownership or location.
5.12.155 Alarm User's Permit--Denial
The permit shall be denied by the Chief if the alarm system does not comply with standards
and regulations adopted pursuant to this Chapter. Any such denial may be appealed to the City
Council; provided, that a notice of appeal must be filed with the City Clerk's Office within fifteen
(15) days after denial of the permit. The City Clerk: or designee shall set the matter for hearing,
which hearing shall be within thirty ( 0) days after receipt of notice, or such longer period as may
be agreed to by the applicant. The City Council shall render a decision on the appeal within ten 10)
days following the close of the hearing, and failure to do so shall constitute a denial of the appeal.
The decision of the City Council shall be final.
5 12.186 Revocation of Alarm User's Permit.
A. After the fifth false robbery alarm or the tenth false burglary alarm within any three
hundred sixty five(365)day period, the Chief may serve the permittee with a notice of intention to
revoke the alarm user's permit. The notice of intention to revoke shall state the reason or reasons
for such revocation and shall set forth the procedure to appeal the proposed revocation. Services of
the notice of intention to revoke shall be deemed made immediately upon personal service on the
permittee or seventy-two (72)hours after the notice has been deposited with postage prepaid in the
United States mail sent to the last known address of the permittee.
B. The revocation shall be effective the sixteenth (16th) day after the service of the notice
of intention unless an appeal is filed, The notice of intention to revoke may be appealed to the City
Council provided that a notice of appeal has been filed with the City Clerk's office no later than the
fifteenth (I 5th)day after service on the permittee of the notice of intent to revoke. The City Clerk.
or designee shall set the matter for a hearing, which hearing shall be within thirty (30) days after
receipt of the notice of appeal or such longer period as may be agreed to by the permittee. The City
Council or designee shall render a written decision on the appeal within ten(10)days following the
close of the hearing. Notice of the decision of the City Council shall be deemed served upon
personal service on the permittee or seventy two (72) hours after notice has been deposited with
postage prepaid in the United States mail sent to the last known address of permittee. If the decision
of the City Council is to affirm the intent to revoke, such revocation shall be effective the eleventh
(I I th) day after the services of the decision upon permittee.
C. Responses to the alarm system subject to the revocation proceedings as hereinabove set
forth shall be made by the Police Department in accordance with its usual procedures until such time
as the revocation of the alarm user's permit is effective. Immediately after the notice of intention to
revoke is issued by the Chief, or the decision of the City Council affirming the intention to revoke
following an appeal, is effective and the alarm user's permit is revoked, the alarm system shall
receive non-priority response from the Police Department.
5.12.187 Additional Revocations.
An alarm user's permit may be suspended or revoked by the Chief for any of the additional
reasons:
A. Failure to observe any of the administrative requirements or other regulatory provisions
of this chapter.
B. If knowingly false representations were made upon any applications or notices of change
required by the provisions of this chapter.
C. If the permittee has failed to pay any fees required by the Redlands Municipal Code.
D. Refusal of responsible parties to respond when contacted by police department personnel.
5.11188 Effective Period of Revoked Permits,
After the revocation, no new alarm user's permit may be issued for a premises until written
proof of correction is provided to the Police Department and said system is determined to be in an
acceptable working order. Approval of the verification shall be the responsibility of the Chief. No
new alarm user's permit may be issued for a subsequent revocation of an alarm user's permit
previously issued for the same premises,
5.12.189 Reissued Alarm User's's Permit Fee.
An additional fee as set forth by the City Council shall be levied upon the reissuing of an
alarm user's permit after the original permit has been revoked.
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5.12.190 Emergency service.
Every person, firm or corporation operating under 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 official.
5.12.200 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 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.
5.12.210 Alarrn system standards.
The Chief may prescribe 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. Additional standards and regulations shall become effective upon adoption by
Council resolution, and all devices shall meet or exceed such standards before licenses or permits
may be issued, pursuant to the provisions of Section 5.12.220 through 5.12.230.
5.12.220 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 alarm 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,
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5.12.225 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 system within any
consecutive three hundred sixty five (365) day period. No fee shall be charged for fare 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.
& A false robbery alarm response fee shall be paid to the Police Department after two(2
false robbery alarms have been received from anyone source or from any one alarm system within
y 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.
5.12.230 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 sial 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 after July 1, 1976, stall be equipped with
mechanical means to effect an automatic turnoff and reset.
5.12.240 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
1AdJmlor€ilord24I 8a.wy
of alarm system installation.
5.12.245 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 wham 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.
5.1 .250 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 of the City government and then emit:
a tone or prerecorded message to report any emergency condition.
5.12.255 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.
5.1 2.260. 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 clue and.payable.
5.12.270 Nuisance abatement.
The Chief may declare an alarm system at a specific location to be a; uisance 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
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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.
5.12.275 Nonresponse policy.
The Chief shall have the authority to institute an immediate nonresponse 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 nonresponse policy shall be
taken only after adequate written notification has been given to the alarm user and any alarm
company involved.
5.12.280 Violation -- Penalty.
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not
more than one thousand dollars or by impri sonment for a period of not more than six months,or by
both such fine and imprisonment.
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.
\4\
Mayor\)f the Ci Ian
AITEST:
c')
City lerk
'
City
[-kdjrn\OrdNOrd24I8a. rd
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the
19th day of October, 1999, by the following vote:
AYES: Councilmembers Banda, Gilbreath, George, Freedman;
Mayor Cunningham
NOES: None
ABSENT: None
ABSTAIN: None
Lom oyzer, Ci rk
Cit�Oof Redlandse/g/