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HomeMy WebLinkAbout0844a ORDINANCE NO. 844 (1930 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 7, TITLE 6 (SECTIONS 6700- 6700.11) TO THE SAN LUIS OBISPO MUNICIPAL CODE, TO REGULATE SECURITY AND FIRE ALARM SYSTEMS, BUSINESSES, AGENTS AND USERS BE IT ORDAINED by the Council ofiithe City of San Luis Obispo as follows: SECTION 1. Chapter 7, Title 6 hereby is added to the San Luis Obispo Municipal Code, to read as set out in Exhibit A, attached hereto and incorporated herein by this reference as if set forth at length. SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least the Telegram - Tribune, a newspape the same shall go into effect at said final passage. INTRODUCED AND PASSED TO Obispo at a meeting held on the three (3) days prior to its final passage in r published and circulated in said City, and the expiration of thrity (30) days afters its PRINT by the Council of the City of San Luis 4th day of March , 1980, on motion of Councilman Jorgensen, seconded by Councilman Bond , and on the following roll call vote: AYES; Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None ATTEST: CITY C .H. FITZPATRICK Approved: City M&iinlslrative Officer /168LA'4_�_ CC y Attorney 0 84'1 Ordinance Nd. 844 (1980 Series) Page 2 ORDINANCE NO. 844 4 (19 80 Series) FINALLY PASSED this 18th day of March , 19 80, on motion of Councilman Dunin seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig and Mayor Cooper NOES: ' None ABSENT: One Vacancy ATTEST: C' erk J.H. Fitzpatrick CHAPTER 7 ALARM SYSTEMS SECTION 6700. PURPOSE. The purpose of this Chapter is to regulate burglary, robbery,, fire, and fire protection alarm systems, and alarm businesses, agents and users. SECTION 6700..1 DEFINITIONS For the purposes of this Chapter, certain words and.phrases shall have the meaning set out below unless a different meaning is clear from the context: a. Alarm Agent. Any person who is employed by an alarm business, directly or indirectly, and whose duties include selling, leasing, servicing, maintaining, altering, replacing, or removing alarm system equipment on or from any building or structure. b. Alarm Business. Any business held by an individual, partnership, corporation or other entity for the purposes of installing, maintaining, servicing, repairing or removing any alarm system on or from:any building, structure or facility. C. Alarm System. Any mechanical or electronic device or series of devices which sends an electronic message to the Emergency Dispatch Center directly, through another agency, or by audible signal at the alarm location, and which is designed to (1) detect unauthorized entry into any building, structure, or facility, (2) signal the occurrence of an unlawful act upon the premises, or (3) detect a fire or activation of a fire protection system of equipment problems or malfunction. d. Alarm User. The person, firm, partnership, association, corporation, or organization of any kind in control of a premise wherein an alarm is being maintained. e. Day. Calendar day. f. False Alarm. An alarm requiring response by the San Luis Obispo Police or Fire Department when an emergency situation does not exist. g. Finance Department. - The Finance Department of the City of San Luis Obispo. h. Notice. Written notice, given by personal service or by U. S. Mail Service to the last known address of the person to be notified. i. Permittee. Any person, firm, partnership, corporation, or other entity holding an alarm permit. j. Chief of Police. The Chief of Police of the City of San Luis Obispo or his designated representative. k. Fire Chief. The Chief of the Fire Department of the City of San Luis Obispo or his designated representative. Z. Responsible Department. The department having the responsibility to provide emergency services upon receipt of an alarm signal at the Emergency Dispatch Center. For incidents related to fires, or water flow in fire sprinkler systems, or other extinguishing agents in fire protection systems, the -2- Fire Department is the "Responsible Department." For incidents related to burglary, holdup, unauthorized building entry, etc., the "Responsible Department" is the Police Department. M. Department Read. The Fire Chief, the Chief of Police, or their designated representatives. n. Emergency Dispatch Center. The combined police and fire communications and dispatch center located at Police Department facility. SECTION 6700.2 STANDARDS AND REGULATIONS This Council, upon the recommendation of the Chief of Police or Fire Chief may prescribe by resolution minimum standards and regulations for the construction and maintenance of all alarm systems installed in the City. All equipment shall meet or exceed these standards and regulations. The responsible department head may require inspection and approval of alarm systems related to his particular department. SECTION 6700.3 SERVICE REQUIREMENTS No person or company which installs or otherwise provides an alarm system shall install such device or system without the ability to provide 24 -hour service for that system. Service for the purposes of this Section shall include the ability to promptly repair a malfunctioning alarm system and to provide periodic maintenance necessary to assure normal functioning of the system. This section shall not apply to persons or businesses who merely sell from fixed locations or who manufacture alarm systems unless such persons or firms also installs, monitors, or services such systems. MIC SECTION 6700.4 ALr PERMITS a. Alarm Business Permit. No persons shall engage in, conduct or operate an alarm business without having applied for and received all permits required by state law and a City alarm business permit. A city business license will suffice as alarm business permit provided all state laws have been complied with. b. Alarm User Permit. 1. All existing and prospective users of fire detection systems, fire protection systems, burglary, holdup and other related alarm systems shall obtain an alarm user permit approved by the responsible department within sixty days following the effective date of Ordinance No. or prior to the installation and use of an alarm system, as the case may be. Application for the permit and a fee as established by Council resolution must be filed with the Finance Department for each year or part thereof; uses permit applications may be made by the alarm business, if any, providing the service to the user. All permits shall expire on the first day of July of each even numbered year. Each permit will bear the signature of the issuing official and the chief of the responsible department. The permit shall be valid for a period not to exceed two years. The permit shall be posted upon the premises using the alarm system and be immediately available for inspection by the responsible department. 2. Residential alarm users that are disabled or over the age of 60 and being the principal occupant of the premises wherein no business is conducted will be exempt from payment of an alarm user permit fee but will be required to obtain a permit within sixty (60) days after the need for such permit arises. 3. Application for permits more than sixty (60) days after the need for such permit are required, shall require the payment of a 100% penalty fee. -4- C. Alarm Agent Permit. No person shall engage in services or operate as an alarm agent without having applied for and received a state alarm agent permit as required by state law. Alarm agent permits shall be carried at all times when alarm agent is engaged in performing the services of an alarm agent and shall be displayed at any time at the request of any duiy appointed police or fire official. d. Applications; Contents. The application shall include the name, address and telephone number of the person or company responsible for services or repairs at all times, and such other information required by the Police Chief, Fire; Chief, Finance Director or City Administrative Officer. SECTION 6700.5 SUSPENSION OR REVOCATION OF PEWIT a. Alarm User Permits may be revoked or suspended by the responsible department for the following reasons: 1. Failure to comply with or violation of any of the provisions of this Chapter; or 2., F�rcessive alarm activation as described in Section 6700.7. b. The suspension or revocation of any permit may be appealed as provided in Article I, Chapter 4 of this Code. c. Any permit suspended or revoked by the City will be surrendered to the Finance Department within fifteen (15) calendar days after receipt of notide of suspension. d. No alarm system permittee whose permit has been revoked or suspended under the provisions of this Section shall continue to operate an alarm system. SECTION 6700.6 SUSPENSION AND REVOCATION PROCEDURE a. Upon determination of the cause, the appropriate department -5- head shall serve the permittee with a written notice of the permit suspension or revocation. The notice shall contain the reasons for such suspension or revocation and shall become effective immediately if personally served or within five days after deposit of written notice in the U. S. Mail. b. Upon receipt of such notice permittee shall discontinue the use of any alarm system for which the permit is issued and shall cease all activities granted under authority of the permit. C. Upon the effective date that an alarm user permit has been suspended or revoked, the alarm company responsible for the alarm system shall take immediate action to disconnect the alarm services covered by the permit. d. If an alarm users permit has been revoked for any reasons, the user must reapply for a new permit. The new permit shall be approved by the appropriate department head only upon a satisfactory showing that the problems causing the revocation of the original permit have been resolved. e. A suspended permit may be reinstated by the appropriate department head upon satisfactory showing that the problems causing the suspension have been resolved. SECTION 6700.7 FALSE ALARMS False alarms from an alarm system which are excessive as described in this section shall be grounds for suspension or revocation of the alarm users permit. In each case, the responsible department shall conduct an investigation and keep accurate records as to the cause of the alarm. a. Fire Alarms. l.. False fire alarms shall be considered excessive when they meet or exceed the following number: Two false alarms in any 30 day period. Three false alarms in any 360 day period. 2. False alarms exceeding the number indicated in the corres- ponding time period shall be subject to a service charge of forty dollars ($40.00) each, to be charged to the alarm user of the alarm system. Charges are payable to the Finance Department within 60 days of notification that such charges are due. Failure to pay the assess- ment within the prescribed time period shall result in the suspension of the alarm users permit and disconnecting of services. b. Security Alarms. 1. False security alarms shall be considered excessive when they meet or exceed the following numbers of activations: Two false alarms in any 30 day period. Three false alarms in any 60 day period. Four false alarms in any 90 day period. Five false alarms in any 180 day period. 2. Upon determination that an alarm user has recorded an excessive number of false alarms as described in this Section, a warning letter shall be sent to the alarm user and the responsible alarm company to apprise them of the excessive number of alarms and subsequent action that may be taken in the event of additional false activations. Police Department personnel shall assist the alarm user whenever possible in resolving the problems leading to excessive false alarms. c. Alarm Equipment Testing. Whenever an alarm user desires to test or otherwise intentionally set off or activate an alarm system located on its premises, it shall notify the emergency dispatch center of the impending test prior to -7- actual tests being conducted. Failure to do so will result in that user being considered as having had a false alarm. Drills required by state of local law are exempt from the provisions of this Subsection. d. Exception. The burden of proof shall be on the alarm business and alarm user to prove that the alarm was not caused by their equipment or personnel. Any alarm found to be caused by the signal carriers (telephone company) by electrical surges or outages or by unsuccessful attacks upon the premises shall not be deemed a false alarm. SECTION 6700.8 AUDIBLE ALARM SYSTEMS a. Any person maintaining an audible alarm system shall post in a conspicuous place, legible from ground level, a copy of the alarm permit containing the telephone numbers of persons to be notified in case of the need to secure the premises or summon repair services to the alarm location. b. Any audible alarm that cannot be silenced within 30 minutes may be shut off by the City at the alarm user's expense. SECTION 6700.9 ALARi LOCATIONS Alarm signals originating from outside the City limits shall not be transmitted or retransmitted to the Emergency Dispatch Center without the special consent of the Chief of Police or Fire Chief, who shall determine if such alarm connection is warranted. SECTION. 6700.10 TRANSMITTING ALAPJ -1S All alarms except trouble alarms shall be transmitted or retrans- mitted to the Emergency Dispatch Center first without delay. Any alarm business which fails to transmit an alarm without delay is in violation of this Chapter. SECTION 6700.11 5' VTERT?:B"UJZ Ty If any sections, sentence or clause, phrase of portion of this Chapter is for any reason held to be invalid by a decision that has become final by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.