HomeMy WebLinkAboutOrdinance 1813 N.C.S. 08/20/1990~~~ ~~~
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t - ~ E~ 19 1990
"T°°~- ORDINANCE NO. 1813 N.C.S.
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3 Introduced by Lynn Woolsey Seconded by y; .P Mayor cavanaoh
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5 AN ORDINANCE OF THE CITY OF PETALUMA, STATE OF
6 CALIFORNIA, AMENDING CHAPTER 6.40 OF
THE PETALUMA MUNICIPAL CODE
7 (FALSE ALARMS)
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9 WHEREAS, Staff has informed the City Council that a significant
10 amount of time and money is being spent on responding to false alarms.
11 In an effort to recoup some of those costs, Staff recommends that the
12 City adopt an ordinance which will aid in collection of those costs due
13 to responding to those false alarms.
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15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUA~tA
16 AS FOLLOWS
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18 Division 1. Chapter 6.40 of the Petaluma Municipal Code entitled
19 ALARM SYSTEMS is hereby amended in its entirety to read as follows:
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22 CHAPTEF. 6.40
23 Sections
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6.40.010
Purpose
25 6.40.020 Application of Chapter
26 6.40.030 Exemptions
6.40.040 Definitions
27 6.40.050 Alarm Agent Permits
28 6.40.060 Alarm Installation Permits
6.40.070 Alarm Systems Terminating at City Communications
29 Center
30 6.40.080 Prohibition
6.40.090 Similar to Sirens -Unlawful
31 b.40.100 Installation at Communications Center
32 6.40.110 Fees for Installation
6.40.120 Alarm User Permits
33 6.40.130 False Alarms -Public Nuisance
34 6.40.140 Police Response to False Alarm -Effect of
6.40.150 Suspension or Revocation
35 6.40.160 Permit Suspension Procedures
36 6.40.170 Permit Revocation
6.40.180 Surrender of Permit
Ord. 1813 N.C~..
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1 6.40.190 Appeals
2 6.40.200 Appeal -Waiver of Hearing
6.40.210 Appeal -Notice of Hearing
3 6.40.220 Appeal -Hearing and Decision
4 6.40.230 Administration and Regulations
6.40.240 Implementing Regulations -Adoption and Approval
5 6.40.250 Fees Established by City Council
6 6.40.260 Violations -Penalties
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8 6.40.010 Purpose.
9 The purpose of this chapter is to set forth regulations and
10 standards governing the use of burglary, robbery alarm systems,
11 require permits therefor, establish an alarm identification sticker
12 program, provide for the authority to establish fees, and provide for
13 punishment of violations of provisions of this chapter.
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15 6.40.020 Application of Chapter.
16 This chapter shall apply to alarm businesses and/or all non-
17 residential alarm users within the City limits of Petaluma regardless of
18 whether the alarm user owns the alarm or contracts with an alarm
19 business for the alarm.
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21 6.40.030 Exemptions .
22 The provisions of this chapter are not applicable to audible alarms
23 affixed to automobiles or to alarms maintained at a residence.
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25 6.40.040 Definitions .
26 For the purpose of this chapter, certain words and phrases used
27 herein are defined as follows:
28 A. "Alarm Agent" means any person who is employed by an alarm
29 business, either directly or indirectly, whose duties include any of the
30 following: selling, maintaining, leasing, servicing, repairing, altering,
31 replacing, moving or installing on any building, structure or facility,
32 an alarm system within the City. Exemption: the provisions of this
33 section do not include a person who engages in the manufacture or sale
34 of an alarm system from a fixed location and who neither visits the
35 location where the alarm system is to be installed, nor designs the
36 scheme for the physical location and installation of the alarm system in
a specific location.
Ord. 1813 N.C.S.
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B. "Alarm Business" means any business which is engaged in
selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving or installing any alarm system in or on any building, place or
premises.
C. "Alarm System" means:
1. Any device designed for the protection of .any
unauthorized entry on or into any building, place or premises, or for
altering others of the commission of an unlawful act, or both, or
2. Any device designed for fire detection by heat or
products of combustion, and/or sprinkler flow alarm, which has been
installed in accordance with the fire department rules and regulations
for private fire alarms;
Either of which emits a sound or transmits a signal or
message, or both.
D. "Alarm User" means any person, firm, corporation, or other
entity for whose benefit the alarm system is being used.
E. "Audible Alarm" means that type of alarm system which, when
activated, emits an audible sound.
F. "False Alarm" means an alarm signal necessitating response by
the Petaluma Police Department where an emergency situation does not
exist .
G. "Fire Department" means the fire department of Petaluma, and
"fire chief" means the chief of such department or his authorized
Z4 representative.
25 H. "Notice" means written notice, given by personal service upon
26 the addressee, or given by United States mail, postage prepaid,
27 addressed to the person to be notified at his last known address.
28 Service of such notice shall be effective upon the completion of personal
29 service, or upon the placing of the same in the custody of the United
30 States Postal Service.
31 I. "Owner," "Lessee," or "Subscriber" means any member of the
32 public who subscribes to the service of any person, firm or corporation
33 engaged in the business of selling and installing alarm systems within
34 the City.
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Ord. 1813 N.C.S.
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1 J. "Permittee" means any person, business, corporation or other
2 entity who shall be granted a permit as provided in this chapter, and
3 his agents and representatives.
4 K . "Police Department" means the police department of Petaluma,
5 and "chief of police" means the chief of such department or his
6 authorized representative.
7 L. "Reporting Telephones" means any intrusion detection device
8 which, when activated, causes mechanically, electronically, or by any
9 other automatic means, instrastate dialing of any telephone number and
0 then transmits a prerecorded message.
1 M. "Silent Alarm" means that type of alarm system which, when
2 activated, sounds a bell or buzzer or turns on a light at a predesig-
3 nated place other than the location where the alarm has been installed.
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5 6.40.050 Alarm Agent Permits/Licenses.
6 A. State Permit. Alarm agents shall carry a valid alarm agent
7 permit as issued by the Bureau of Consumer Affairs of the State of
8 California on his or her person at all times while so engaged within. the
9 City.
0 B. City Business License. Any person engaged in the business
1 of selling or leasing or installation of alarms in the City of Petaluma
2 shall obtain a yearly business license from the City of Petaluma
3 Department of Finance.
6.40.060 Alarm Installation Permits.
It is unlawful for any person who owns an alarm business to install
any type of alarm system. in or on any building, place or premises
without a valid installation permit issued by the chief of police in the
case of burglary and robbery alarms, or the fire chief in the case of
fire alarms, or other designate pursuant to the provisions of this
chapter.
6.40.070 Alarm Systems Terminating at City Communications Center.
A. Approval Required. The installation of any alarm system in a
manner which, when the system is activated, would cause a signal or
message to be sent directly to the police/fire communications center by
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telephone line or by any other means must have th.e prior written
approval of the chief of police or fire chief, whoever has jurisdiction.
Any alarm business permittee or subscriber may apply to the chief of
police or fire chief on application forms provided for such approval and
such approval shall be evidenced by the issuance of a permit. Such
application shall described the alarm system and the testing procedures
to be followed by the applicant along with such other information as the
issuing authority may reasonably require to reach a decision on the
application. The issuing authority shall grant such approval if he finds
that the termination of the signal or message in the City's communica-
tions center is compatible with the existing monitoring system and will
not hinder any City police or fire activities. Each applicant who has
been granted such approval shall maintain adequate equipment and an
adequate work force to repair, maintain and otherwise service the
particular alarm system involved in the approval. The City Council may
prescribe by resolution a fee for each application processed under this
section .
B. Fee for Monitoring Service. Subscribers shall pay a monthly
fee in the amount established pursuant to Section 6.40.240 for
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monitoring service provided by the City dispatch center.
C. Removal of Unauthorized Equipment. As a condition of
approval and authorization of alarm systems connected directly to the
Petaluma Police Department, in addition to any other remedy provided
by law, the chief of police or a designated representative may, with
knowledge of the use of any device or attachment not operated or
maintained in accordance with the provisions of this chapter, order the
removal of such device or attachment. Failure to remove such device,
attachment or termination upon being ordered to remove the same shall
constitute a misdemeanor.
6.40.080 Prohibition.
No person shall use or cause to be used any telephone service
device or telephone attachment that automatically selects any public
telephone trunk line of the City and then reproduces any prerecorded
message to report any emergency, except as duly authorized by the
City in accordance with the terms of this chapter.
Ord. 1813 N.C.S.
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6.40.090 Similar to Sirens -Unlawful.
It is unlawful to install on the exterior of a building an intrusion
detection device or burglar alarm system or fire alarm which upon
activation emits a sound exceeding .80 decibels which is similar to
sirens in use on emergency vehicles or for civil defense purposes.
6.40 ,100 Installation at Communications Center.
No person shall install any alarm equipment of any kind at the
City's police dispatch and communications center unless and until he has
received the permission of the chief of police, in writing. In no event
shall more than one such person be authorized to perform alarm mainte-
nance services in the dispatch center during any fiscal year. Such
authorized person shall be selected and his compensation for such
services shall be established by negotiation or by bid pursuant to the
City Charter.
6.40.110 Fees for Installation.
Each vendor who desires to hook up to or to have installed any
alarm module at the City's communication center shall submit an applica-
tion therefor on an approved form. The application form shall be
accompanied by the following fees
A. An alarm module placement fee in the amount established
pursuant to Section 6.40.20;
B . The estimated installation fee based on the actual cost
expected to be incurred by the City (applicant will be charged for the
final actual cost, when determined) .
6.40.120 Alarm User Permits.
A. Permits required. No alarm user shall use an alarm system
within the City of Petaluma without first applying for and receiving an
alarm user permit issued to that user, in accordance with the provisions
of this chapter unless:
1. The alarm system was in use by the alarm user prior to
the effective date of this ordinance; and
2. The police department has failed to provide notice to the
alarm user of the requirement of obtaining an alarm user permit.
Ord. 1813 N.C.S.
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B. Permit applications. Each application for an .alarm user permit
under this chapter shall be filed with the chief of police on a form
prescribed by the chief of police and shall set forth the name and
address of the applicant, the address where the alarm system is
located. In the event that the applicant has more than one alarm
system at a given address, there shall be only one permit required for
that address. In the event the alarm user has alarm systems at
different addresses, a permit will be required for each alarm system
address .
C. Permit fee. A permit fee as established in Section 6.40.20
shall be paid annually to the City by the permittee for each alarm user
permit .
D. Fee exemptions. The United States Government, the State of
California, counties, municipal corporations, departments thereof and
other governmental entities are exempt from fees required in this
section .
6.40.130 False Alarms -Public Nuisance .
An alarm system shall constitute a public nuisance if it actuates
more than:
(a) Three false alarms in any 30-day period; or
(b) Five false alarms in any 90-day period; or
(c) Six false alarms in any 180-day period.
Subsections (a) , (b) , and (c) shall apply only to an alarm system
which has been in use for more than 30 days.
6.40.140 Police Response to False Alarm -Effect of .
All police responses to false alarms will be tabulated during any
12-month period:
(1) The police will respond to the first six alarms with no
consequences under this chapter;
(2) A police response to the seventh through twelfth false alarm
in any 12-month period will result in a $50.00 charge to the alarm user
for each response.
(3) Police response to the thirteenth alarm in any 12-month period
will result in suspension of the alarm user permit.
Ord. 1813 N.C.S.
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6.40.150 Suspension or Revocation. .
Any permit granted pursuant to this chapter may be revoked or
suspended by the chief of police for any reason for which the granting
of such permit might be lawfully denied, for the violation of any
provision of this chapter, and of the rules and regulations and
implementation thereof .
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6.40.160 Permit Suspension Procedure.
A. The determination of the police chief with regard to matters
of suspension shall be appealable in the time and manner set forth in
Sections 6.40.190 through 6.40.2~D.
B. The police chief, in the case of such suspension, shall serve
the permittee with a written order of suspension, which shall state the
reason for such suspension. Said order shall be effective immediately if
personally served or 48 hours after the same has been deposited in the
United States mail. Notwithstanding the effectiveness of an order of
suspension, permittee may continue the use of any alarm system
requiring a permit under this chapter until the appeal process as
defined in Sections 6.40.180 through 6.40.210 has been exhausted,
unless the police chief determines that the continued operation of such
alarm system interferes with the safe and efficient operation of the
police department. The continued use of the alarm system during the
appeal process will be subject to the same conditions as stated in
Section 6.40.120, including charges for false alarm responses.
6.40.170 Permit Revocation
A. The suspension shall become a revocation 15 days after the
order of suspension becomes effective unless the permittee files an
appeal of the order of suspension in the manner set forth in Sections
6.40.180 through 6.40.20.
B . Where an appeal is filed, the order of suspension shall be
stayed pending a determination thereon by the City Council who shall
act upon the same in the manner set forth in Sections 6.40.10 through
6.40.2 Such suspension shall become a revocation if the decision of
the City Council upholds the suspension. The suspension shall be
Ord. 1813 N.C.S.
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dissolved immediately if the decision of the City Council reverses the
suspension .
6.40.180 Surrender of Permit.
If any permit is revoked pursuant to this chapter, permittee shall
surrender said permit to the finance department.
6.40.190 Appeals.
A. Informal Appeal. An appellant may informally seek relief from
an order of suspension of an alarm system permit by presenting
evidence to the police chief, or a designated hearing officer, that the
deficiencies in the alarm system, or its operation, have been rectified.
The evidence must be presented within 15 days of the effective date of
suspension . Within five days of the date upon which the evidence was
presented, the police chief shall notify the permittee of his decision.
In the event informal relief is not granted, appellant has an additional
15 days from the date of notification of decision by the police chief to
file a formal appeal. An appellant may also informally seek relief from
any other action taken under this chapter, as provided herein.
B. Formal Appeal. Any person aggrieved by any decision of the
police chief, or the designated hearing officer, including but not limited
to the decision to approve or deny an application for a permit, to renew
such permit, suspend a permit, or to require reimbursement for
excessive false alarms, shall have the right of appeal to the City
Council. An appeal must be perfected within 15 days after notice of
the decision of the police chief by filing with the City Clerk a letter of
appeal, which will be forwarded to the City Council, stating therein the
basis for such appeal.
6.40.200 Appeal -Waiver of Hearing.
Failure to seek informal relief within said 15 days and/or to file a
letter of appeal within said 15 days, shall constitute a waiver of
appellant's rights to a hearing. Upon good cause shown, the chief of
police in his discretion may nevertheless grant such a hearing .
Ord. 1813 N.C.S.
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1 6.40.210 Appeal -Notice of Hearing.
2 The City Clerk shall fix the time and place of the hearing before
3 the City Council at a date no more than 30 days after receipt of the
4 letter of appeal. The City Clerk shall give the appealing party and
5 any other persons requesting the same at least five days' notice of the
6 time and place of such hearing. The notice shall be substantially in
7 the following form, but may not include other information:
8 "YOU ARE HEREBY NOTIFIED that a hearing will be held at
9 at the hour of ,
10 at which time you .may show cause why the appeal you have filed should
11 be sustained."
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13 6.40.220 Appeal -Hearing and Decision.
14 At the time and place set for the hearing upon the decision of the
15 police chief, the City Council should give the appealing party and any
16 other interested party a reasonable opportunity to be heard in order to
17 show cause why the determination of the police chief should not be
18 upheld. In all such cases, the burden of proof shall be upon the
19 appellant to show that there was not substantial evidence to support the
20 decision of the police chief .
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22 6.40.230 Administration and Regulations.
23 The provisions of this chapter shall be administered and enforced
24 by the chief of police and fire chief. They are authorized to make
25 inspections of the alarm systems and of the premises whereon said
26 systems are located. They shall have the power to make and enforce
27 such rules and regulations as may in their discretion be necessary to
28 implement the provisions of this chapter.
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30 6.40.240 Implementing Regulations -Adoption and Approval.
31 In order to assist in carrying out the provisions and purpose of
32 this chapter, the chief of police or fire chief may, from time to time,
33 implement such provisions by adopting and enforcing regulations
34 concerning the safety and security of alarm systems, the installation of
35 alarm equipment, and the keeping of records concerning alarm systems.
36 Such regulations shall be adopted and amended after written notice and
Ord. 1813 N.C.S.
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opportunity to respond has been given to the holders of permits issued
under this chapter.
6.40.250 Fees Established by City Council.
The City Council may establish fees from time to time by resolution
in order to carry out the purpose of this chapter.
6.40.260 Violations -Penalties.
Any person who violates any of the provisions of this chapter is
guilty of a misdemeanor.
Division 2. Severability. If any section, subsection., or portion of this
ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of this ordinance. The
City Council hereby declares that it would have adopted this ordinance
and each section, subsection, or portion thereof, irrespective of the
fact that any one or more sections, subsections, or portions be declared
invalid or unconstitutional.
Division 3. Posting. The City Clerk shall, and she is hereby directed
to, post publis~~is ordinance for the period and in the manner as
required by law.
Division 4. This ordinance shall be in full force and effect thirty (30)
days after it has been adopted.
INTRODUCED and ordered published this 6th day of August 1990.
ADOPTED this _20ti1 day of q„g„Gr 1990.
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavangh, Mayor Hilligoss
NOES : 0
ABSENT: 0
li/
U, ~ Vice Mayor
APPROVED:
City Attorney
ordinance 18
ORDl
8/15/90
Ord. 1$13 N.C.S.
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