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
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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.
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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
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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.
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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.
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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.
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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