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HomeMy WebLinkAboutORD NO 2793ORDINANCE NO. 2793 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.08 OF THE BAKERSFIELD MUNICIPAL CODE PERTAINING TO ALARM SYSTEMS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 5.08 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.08 ALARM SYSTEMS Sections: 5.08.010 5.08.020 5.08.030 5.08.040 5.08.050 5.08.060 5.08.070 5.08.080 5.08.090 5.08.100 5.08.110 5.08.120 5.08.130 5.08.140 5.08.150 5.08.160 5.08.170 5.08.180 5.08.190 Definitions City Permit Required - Alarm Owner or User Application For Alarm System Permit Fees For Alarm System Permit Expiration of Alarm System Permit Permits Non-Transferable Direct Telephone Lines Prescribing Rules and Regulations by Chief of Police Suspension and Revocation of Alarm System Permit Alarm Appeals Board Appeal Procedure Reapplication After Revocation Direct Dial Telephone Device Audible Alarm Requirement Panic Alarms Report on False Alarms violation of Chapter Confidentiality Applicability to Existing Alarm Systems 5.08.010 Definitions. As used in this Chapter: A. "Alarm Owner" means any person who owns, leases, rents, uses or makes available for use by his agents, employees, repre- sentatives or family, any alarm system. B. "Alarm System" means any assembly of equipment and devices, including audible alarms and proprietor alarms, to signal the presence of fire, robbery, or unauthorized into or onto a building, structure, facility or premises, signals from which are calculated to solicit or could reasonably cause the solicitation of urgent attention from safety personnel arranged intrusion the of the City. The following devices shall not constitute alarm systems within the meaning of this subsection: 1. Devices which do not register alarms that are audible, visible or perceptible outside the protected premises; 2. Panic alarms; 3. Alarm devices affixed to motor vehicles. C. "Audible Alarm" means an alarm system which generates a sound audible outside the protected premises. D. "City" means the City of Bakersfield. E. "Direct Dial Device" means a device which is connected to a telephone line and, upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal. F. "Emergency" means a fire or the commission of or attempted commission of a robbery or burglary. G. "False Alarm" means an alarm signal calculated to solicit or which could reasonably cause the solicitation of the urgent attention of City safety personnel where an emergency does not exist. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. Signals from defective alarm systems shall be deemed to be within the control of the owner. H. "Panic Alarm" means an alarm designated to be activated when assistance is needed because of illness, injury or any other reason not caused by fire, robbery or burglary. I. "Person" means any natural person, partnership, corporation or other legal entity. 5.08.020 City Permit Required - Alarm Owner. It shall be unlawful for any person to install, connect, operate, use or maintain, or to cause to be installed, connected, operated, used or maintained, any alarm system within the City, unless an alarm system permit has been issued therefor in accordance with the provisions of this Chapter and such permit has not expired or -2- been revoked or suspended. The alarm owner or user shall post the permit number at the front of the business or residence and post the address of the premises at every street and alley entrance to the property. 5.08.030 Application For Alarm System Permit. A. Applications for alarm system permits shall be filed with the Finance Department of the City on forms provided by the City. The applications shall contain the names, addresses and telephone numbers of three (3) persons who will respond to an alarm, open the premises and service or repair the alarm system during any hour of the day or night. The applications shall contain all additional information the Chief of Police reasonably deems necessary for the evaluation and proper processing of the permit application. The permits shall be issued to the person who is in possession of the property which the alarm system is designed to protect. B. No permit shall be issued without the express approval of the Chief of Police or his representative. C. Any person who operates or maintains more than one (1) alarm system at any particular location may apply for a single permit for that location or may apply for separate permits for each alarm system operated or maintained. If a person chooses to secure a separate permit for each alarm system, a separate application and permit fee shall be submitted for each permit requested. 5.08.040 Fees For Alarm System Permit. A. The permit fee prescribed by resolution of the City Council of the City shall be payable upon the making of an application to install an alarm system or to renew an alarm permit. This fee shall be paid before any permit to install an alarm system is issued or any renewal of a permit is made. Upon any change of by resolution state, county the location of said alarm system, the fee prescribed shall again become due and payable. Any federal, or city agency shall be exempt from the payment of fee provided for in this section. -3- 5.08.050 Expiration of Alarm System Permit. All alarm system permits shall expire one after the date issued. not sooner than 60 days of the permit. Permits (1) year Applications for renewals shall be filed nor later than 30 days before the expiration lawfully renewed prior to the effective date of this provision shall expire one of latest renewal. 5.08.060 Permits Non-Transferable. this Chapter shall be non-transferable. (1) year after the date All permits issued under 5.08.070 Direct Telephone Lines. Under no circumstances shall anything be connected to a direct telephone line to the Police Department of the City unless it complies with the "Standard for Safety," Central Station ~urglar Alarm Units and Systems (UL 611-1972) issued by Underwriters Laboratories, Inc. or with the "Standard for Safety," Central Stations for Watchman, Fire Alarm and Supervisory Services (UL 827-1972) issued by Underwriters Laboratories, Inc., as amended from time to time. Said standards are incorporated by reference and made a part of this Chapter. A copy of said standards shall be kept on file with the City Clerk and will be available for public inspection. The service provided may correspond to any of the several grades of service listed in the standards. Anything not in compliance with said standards which is connected to a direct telephone line to the Police Department of the City of ~akersfield prior to the effective date of this provision shall have one (1) year to come into compliance with said standards or to be disconnected from all such lines. 5.08.080 Prescribing Rules and Regulations by Chief of Police. The Chief of Police of the City shall have the authority to prescribe rules and regulations consistent with the provisions of this Chapter and to implement and enforce this ordinance. The subjects covered by such rules and regulations may include, but are not limited to, the following: A. Requirement for Standby Power Supply. B. Systems allowed to connect directly to the Communications Center of the Police Department. C. Investigation and method of transmittal of alarms by Central Stations, alarm company operators or their agents. ~). Testing of alarm systems. These rules and regulations will be subject to approval by resolution of the City Council. 5.08.090 Suspension and Revocation of Alarm System Permit. A. The following shall constitute grounds for suspension and revocation of an alarm system permit: 1. If an alarm owner has over ten (10) false alarms on said permit within any twelve (12) month period. 2. Intentionally reporting or causing to be reported any false alarm, knowing that such alarm is false. 3. The violation of any of the provisions of this Chapter, any rule or regulation prescribed by the Chief of Police or any condition imposed by the Chief of Police upon an alarm system permit. 4. Any fraudulent or willful misrepresentation or any false statement in an application for a permit. 5. Failure to pay any fees prescribed by this Chapter before they become delinquent. B. NO permit issued in the City shall be suspended until the right and opportunity for a hearing shall have been given the permittee by the Chief of Police. Notice of hearing shall be given in writing to the permittee and served at least seven (7) days prior to the date of the hearing. The notice shall state the reason for suspension and shall also state the time and place the hearing will be held. Said notice may be served by delivery to the holder of the permit, his agent or any competent person at his place of residence, business or employment. In the event service cannot be made upon the permittee in such manner, then service of said notice may be made by sending it by registered or certified mail to the permittee at the address of his place of business or residence stated in the permit. After any order of suspension has been issued by the Chief of Police and pending the outcome of any appeal, responses of safety personnel to signals from the offending system may be stopped. C. Any order of suspension ordered by the Chief of Police shall become a revocation fifteen (15) days after the effective date of the order of suspension, unless the permittee files an appeal from the order of suspension within the time and in the manner provided in this Chapter. 5. D. When an appeal is filed, the order of suspension shall not be stayed pending the determination of such appeal by the Alarm Appeals Board. Such suspension shall become a revocation of the permit if the decision of the Board upholds the order of suspension made by the Chief of Police. The suspension shall be dissolved if the decision of the Board reverses the order of suspension made by the Chief of Police. E. Any permit revoked pursuant to the provisions of this Chapter shall be surrendered by the permittee to the Chief of Police or his representative. 5.08.100 Alarm Appeals Board. The Board shall consist of three (3) members appointed by the City Manager to serve until replaced, one (1) of whom shall be an engineer in the Public Works Department, one (1) of whom shall be a representative of the Planning Department and one (1) of whom shall be a represent- ative of the City Manager's office. The Board shall adopt rules and regulations for the conduct of its business. All decisions of the Board shall be made in writing. The Board shall have jurisdiction to review all appeals of orders issued by the Chief of Police and his subordinates involving denials of applications or reapplications for alarm system permits and suspensions of alarm system permits. The Board may affirm, modify or set aside any such order or decision. All decisions of the Board shall be final and conclusive. 5.08.110 Appeal Procedure. Any applicant for an alarm system permit whose application is denied by the Chief of Police or any permittee whose permit is suspended pursuant to an order of sus- pension made by the Chief of Police may appeal therefrom to the Alarm Appeals Board by filing with the City Clerk a notice of appeal within fifteen (15) days after such denial or order of suspension. The notice of appeal must set forth the decision and the grounds upon which the permittee deems himself aggrieved thereby. An appellant must pay the sum of Ten Dollars ($10.00) to the City Clerk as a filing fee at the time of filing said Notice of Appeal. The City Clerk shall report the filing of such appeal to the Chief of Police. The Chief of Police shall, within -6- seven (7) days, make a written report to the City Clerk setting forth the basis of his action denying the application for a permit or issuing the order of suspension. The City Clerk shall forward said written report to the Alarm Appeals Board. Following the receipt of said written report, the Board shall set the appeal for hearing, which shall be held not less than five (5) days nor more than fifteen (15) days thereafter, unless continued for good cause by the order of the Board. 5.08.120 Reapplication After Revocation. Any person whose alarm system permit is revoked may reapply for a new alarm system permit, but only in accordance with the procedures set forth in this section. A. All reapplications shall be submitted directly to the Chief of Police or to that person whom the Chief designates as the alarm officer on such forms as may be prescribed. B. Every application for an alarm system permit shall be accompanied by a non-refundable permit fee in the sum prescribed by resolution of the City Council. C. The Chief of Police or his designated representative shall investigate such reapplication to determine whether the grounds for the prior revocation have been eliminated or are not likely to occur again in the future. Such investigation may include, but shall not be limited to, an on-site examination of the alarm system and any specifications, diagrams or descriptions pertaining thereto. A test period of reasonable duration may also be prescribed. D. If the Chief of Police determines after investigation that the grounds for the prior revocation have been eliminated or are not likely to occur again in the future, an alarm system permit shall be issued to the person who is in possession of the property which the alarm system is designed to protect. The Chief of Police may attach such conditions to the alarm system permit as he deems are reasonably necessary to insure that the permittee will comply with the provisions of this Chapter. -7- E. Any pers~ whose reapplication for an ~larm system permit is denied by the Chief of Police may appeal such denial to the Alarm Appeals Board in accordance with the procedure set forth in this Chapter. 5.08.130 Direct Dial Telephone Device. It shall be unlawful for any person to use any alarm system which is equipped with a direct dial device which, when activated, automatically dials a telephone number belonging to any governmental agency of the City. 5.08.140 Audible Alarm Requirement. An audible alarm shall terminate its operation or shall automatically reset within fifteen (15) minutes if located within a residential zone or within thirty (30) minutes if located within a commercial or industrial zone. 5.08.150 Panic Alarms. No person shall cause any alarm, including panic alarms, to be signalled by any alarm system to the Police Department other than a fire, robbery or burglar alarm. 5.08.160 Report on False Alarms. After any false alarm, and upon request of the Chief of Police or his representative, the alarm owner shall submit a written report to the Chief of Police describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within three (3) days of the date of request. 5.08.170 Violation of Chapter. A. Upon an alarm owner's fifth (5th) false alarm registered against a permit, and upon each subsequent false alarm against that permit within any twelve month period, the owner shall be assessed a service fee as determined and approved by the City Council. The service fee shall become due and payable upon deposit in the mail of notice of the amount assessed. If the service fee is not paid within thirty (30) days after mailing of said notice, it shall be deemed delinquent and the permit may be suspended. The service fee will be adopted by resolution of the City Council and reviewed annually to insure that the Police Department is being reimbursed for the lost manpower and expenses caused by false alarms. -8- B. Any person ,~olating any of the proviszo~s of this Chapter shall be deemed guilty of an infraction and, upon conviction, shall be punishable by a fine not exceeding Fifty Dollars ($50.00) for a first violation, One Hundred Dollars ($100.00) for a second violation within one (1) year and Two Hundred and Fifty Dollars ($250.00) for each additional violation within one (1) year. C. The conviction or punishment of any person for violation of the provisions of this Chapter or for failing to secure a permit as required by this Chapter shall not reliew~ such person from paying the permit and service fees due and unpaid at the time of such conviction, nor shall payment of any permit fee or service fee prevent criminal prosecution for violation of any 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 or service fee 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 to recover the amount of any delinquent fee. All fees shall be deemed delinquent thirty (30) days after they are due and payable. D. The sections, subsections, paragraphs, sentences, clauses and phrases of this Chapter are and are intended to be severable. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such uncon- stitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this subsections, Chapter. 5.08.180 Confidentiality. The information furnished and secured pursuant to this Chapter shall be confidential in character, shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this Chapter. It is hereby declared that the public interest served by not making the inform- tion public clearly outweighs the public interest that might be served by disclosure of the information. -9- 5.08.190 Applicability to Existing Alarm Systems. The provisions of this Chapter shall apply to all alarm systems which were installed, connected, operated, used or maintained on or prior to the date on which this ordinance becomes effective; provided, however, the permits required for such alarm systems not heretofore under any permit shall be obtained within ninety (90) days from and after the date on which this ordinance becomes effective. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ......... o0o ........ I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield regular meeting thereof held on the 15th day of December 1982, by the following vote: at a CITY CLERK a6d E~ Officio Cl~rrk of Council of the C'ity of Bakersfield the ' -MAYO~ t~ Cit~ of Bakersfield 1982 APPROVED as to form: C T the City of Bakersfield CTS/mro:kda -10- 12/08/82 Aff av t of osting (Or tuaaces STATE OF CALIFORNIA, l County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that December 27, 82 oa .................................................................................................................................19 ............he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..........~.~.~..e....m....b...~.~...r......~.~ .............................................., 19.~.~....., which ordinance was numbered ...........~.~.?.~ .........................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Chapter 5.08 of the Bakersfield Muncipal Code pertaining to Alarm Systems. Ciffy Clerk Subscribed and sworn to before me this 27th day of Dece.~er ,19 82