HomeMy WebLinkAboutORD NO 2269EMERGENCY ORDINANCE NO. 2269 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE.
CITY OF BAKERSFIELD ADDING CHAPTER 7.64 TO
TITLE 7 OF THE MUNICIPAL CODE REGULATING
POLICE AND FIRE ALARM SYSTEMS, BUSINESSES
AND USERS.
WHEREAS, recent experience in the City of Bakersfield
reveals that under present practice there is an excessive number
of false alarms to the police and fire departments, through mechani-
cal failure, malfunction, improper installation, or negligence of
owners or lessees of alarm systems or of their employees or agents.
Such false alarms cause a serious drain of manpower or ineffective
utilization of police and fire equipment and losses from accidents
and danger to policemen and firemen and others, which occur when
policemen and firemen are required to respond to an inordinate
number of avoidable false alarms; and
WHEREAS, under present practice, individuals, firms and
corporations are permitted to install and maintain alarm systems,
devices and equipment of many types which are arranged, adjusted
or programmed to transmit emergency signals and messages directly
to the Police Facility at 1620 Truxtun Avenue, as a terminating
point; and
WHEREAS, answering service businesses who receive emer-
gency signals from alarm systems are presently permitted to relay
emergency messages so received directly to the Police Facility at
1620 Truxtun Avenue; and
WHEREAS, it is found that the present practice is dis-
orderly, insecure, and does not promote the reduction of the
number of false alarms received by the City; and
WHEREAS, the City of Bakersfield is in the process of
constructing a new Police Facility at 1601 Truxtun Avenue, which
has been designed to include a Centralized Communications Center
from which all police and fire emergency dispatching will take
place; and
WHEREAS, continued maintenance and operation of pre-
existing alarm systems in the Police Facility and Fire Department
Headquarters Station are incompatible with the requirements and
space limitations of the said Centralized Communications Center
and the objectives of this chapter; and
WHEREAS, in order that residences, commercial and indus-
trial establishments in the City of Bakersfield will continue to
receive police and fire emergency services by means of alarm systems
under a plan for consolidation at the Centralized Communications
Center, and in order to control and reduce the number of false
alarms received by the City, it is determined that it is necessary
for the immediate preservation of the public health, peace, property
and safety, for all alarms, with specified exceptions, to be trans-
mitted to, or terminate at, a central alarm station or modified
central alarm station, which shall be required to investigate
alarms, signals and messages before transmission of same to the
City and which shall be independently owned, controlled and operated
by a person, firm or corporation whose business is the furnishing
and maintaining of supervised signaling service.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That Chapter 7.64 is hereby added to Title 7 of the Muni-
cipal Code of the City of Bakersfield as follows:
Sections:
7.64.
7.64.
7.64.
7.64·
7.64.
7.64.
7.64.
7.64.
7.64.
7.64.
7.64.
7.64.
Chapter 7.64
POLICE AND FIRE ALARM SYSTEMS
010 Prohibitions
020 Exceptions to Prohibitions
030 Central Station Systems
040 Modified Central Station Systems
050 Permits Required For Central and Modified Central
Station Systems
060 Revocation of Permits
062 Alarm User Permits
064 False Alarms and Regulations - Revocation or Suspen-
sion of Permit--Appeal
070 Alarm Businesses--Regulations
080 Alarm Agents--Required Identification Card
090 Suspension and Revocation of Identification Cards
Issued to Alarm Agents
100 Audible Alarms
7.64.110
7.64.120
7.64.130
Inspection of Alarm Devices
Penalties For Violation
Severability
and Businesses
7.64.010 Prohibitions. Except as may be otherwise provided in
this chapter, it shall be unlawful:
A. For any person, firm or corporation to knowingly sell,
lease, install, service, maintain or use, or cause to be sold,
leased, installed, serviced, maintained or used, any alarm system
or device or assembly of equipment and devices, arranged, adjusted
or programmed to transmit any police or fire alarm signals directly
to and receive such signals at any agency maintained by the City of
Bakersfield.
B. For any person,
lease, install, service,
firm or corporation to knowingly sell,
maintain or use, or cause to be sold,
leased, installed, serviced, maintained or used, any automatic,
electrical or mechanical device or attachment to any telephone,
including any automatic dialing device, which automatically sends
a pre-recorded voice message or coded signal of a police or fire
emergency over any telephone line, which device or attachment or
automatic dialing device utilizes any telephone line, including a
leased telephone line, connnected to any agency of the City of
Bakersfield.
C. For any person, firm or corporation engaged in the answer-
ing service business or employed by such answering service business
receiving emergency signals from alarm systems, to relay or cause
to be relayed the message received from any alarm system by line
voice or otherwise, to any agency of the City of Bakersfield.
7.64.020 Exceptions to Prohibitions.
A. When applicable state or federal law requires that the
alarms or signals referred to in Section 7.64.010 terminate in
a City Facility for specified uses, such as banks, savings and loan
institutions or drug distribution centers, the Chief of Police shall
prescribe minimum standards and regulations for the installation and
maintenance of alarm systems for such specified uses, consistent with
applicable state or federal law, such standards and regulations to
become effective upon adoption thereof by resolution of the Council
of the City of Bakersfield.
B. The Chief of Police may authorize the alarms or signals in
specified governmental uses of property to terminate in the Central
Communications Center of the City Police Facility, in accordance
with minimum standards and regulations prescribed by h~.
C. Any central station or modified central station, as defined
in this chapter, holding a valid permit to operate such system,
shall be authorized to transmit or report emergency signals or
messages received from alarm systems or answering service directly
to the Central Con~unications Center of the City Police Facility
under rules established by the Chief of Police.
7.64.030 Central Station Systems.
A. A Central Station System is one in which the operations
of electrical protection circuits and devices and live voices of
answering service employees are signaled or transmitted to, recorded
in, maintained and supervised from a central station having a suffi-
cient number of employees in attendance at all times and where
employees are maintained continuously to investigate signals. The
designated employees shall take action upon receiving any message,
signal or alarm from the protected properties as required under rules
established for their guidance by the Chief of Police. Such central
station systems are independently owned, controlled and operated by
a person, firm or corporation whose business is the furnishing and
maintaining of supervised protective signal service.
B. It shall be unlawful to operate such system in the City of
Bakersfield without a permit therefor issued by the City Manager and
approved by the Chief of Police.
C. An alarm business shall not be granted a permit to operate
a Central Station unless the Chief of Police finds that the Central
Station, if operated, will meet the following minimum requirements:
1. Compliance with "Standard for Safety," Central-Station
Burglar-Alarm Units and Systems (UL 611-1972) issued by Underwriters
Laboratories, Inc. or with "Standard for Safety," Central Stations
for Watchman, Fire-Alarm and Supervisory Services (UL 827-1972)
issued by Underwriters Laboratories, Inc., or both. Such standards,
as they may be amended from time to time, are hereby adopted and
made a part of this chapter, and a copy of such standards shall be
kept on file with the City Clerk and be available for public inspec-
tion. The service provided may correspond to any of the several
grades of service listed in the standards.
D. The minimum standards for a modified central station system
set forth in Section 7.64.040C shall also be applicable to a central
station system if U. L. Standards are not applicable to. the central
station for any reason or are less restrictive.
7.64.040 Modified Central Station Systems.
A. A Modified Central Station System is one in which the
operations of electrical protection circuits and devices and live
voices of answering service employees are signaled or transmitted
to, recorded in, maintained and supervised from a modified central
station having a sufficient number of employees in attendance at all
times and where employees are maintained continuously to investigate
signals. The designated employees shall take action upon receiving
any message, signal or alarm from protected properties as required
under rules established for their guidance by the Chief of Police.
Such modified central station systems are independently owned, con-
trolled and operated by a person, firm or corporation whose business
is the furnishing and maintaining of supervised protective signal
service. Such modified central station is not listed or certified
by Underwriters' Laboratories, Inc.
B. It shall be unlawful to operate such system in the City of
Bakersfield without a permit therefor issued by the City Manager and
approved by the Chief of Police.
C. No person, firm or corporation shall be granted a permit to
operate a modified central station system in the City of Bakersfield
o
unless the Chief of Police finds that the system will meet the
following minimum standards:
1. The premises from which the services are performed must
meet any applicable fire regulations.
2. The premises from which the services are performed
must be secured in a manner approved by the Chief of Police to pre-
vent entry by unauthorized persons.
3. A sufficient number of employees must be on duty at
all times to receive alarms, signals and messages and determine
whether such alarms, signals or messages are false ala~s.
4. A large enough number of trained operators must be on
duty at all times to assure that all valid emergency signals, alarms
and messages will be relayed irmnediately to the Centralized Cormmu-
nications Center of the City Police Facility. As soon as possible
thereafter, the operator concerned shall notify the affected sub-
scriber of such action.
5. The Modified Central Station shall certify that all
equipment supervised by the Modified Central Station shall be tested
at least once a year. Where a test result is unsatisfactory, the
cause thereof shall be corrected within 24 hours unless circumstances
exist that make such corrections impossible within such time, in
which event the cause shall be corrected within a reasonable time;
the owner and Chief of Police shall be notified of such delay.
6. The building or office from which the modified central
station is conducted shall be equipped with a stand-by power supply
sufficient for at least four hours.
D. The Chief of Police shall inspect, or cause to be inspected,
at least once annually, the modified central station system, includ-
ing the equipment, property, and operation thereof. The holder of
the permit shall pay such inspection fee as may be established by
resolution of the City Council.
7.64.050 Permits Required For Central and Modified Central
Station Systems.
A. Persons, firms or corporations desiring to operate in the
City of Bakersfield as a Central Station System or Modified Central
Station System may apply for a permit on a form to be furnished by
the City.
B. All applications shall be filed at the office of the
Finance Director, City Hall, 1501 Truxtun Avenue, Bakersfield,
California, on and after the effective date of this chapter.
C. The approving authority for applications and 'the enforcing
authority for such permits, shall be the Chief of Police; however,
the City Manager shall have the power to revoke such permits in
accordance with this chapter.
D. The application shall be signed by the individual pro-
prietor of the business, or by a partner, or by the proper corporate
official, as is appropriate for the form of business seeking the
permit, and shall include:
1. The name, address and telephone number of the alarm
business, and the type of business organization. If the business
is an individual proprietorship, the name, address and telephone
number of the owner; if a partnership, the name, address and tele-
phone number of each partner (general, limited, silent, etc.); if
a corporation, the names and addresses of the directors, principal
officers and stockholders (any stockholder holding more than 20
per cent of the corporation's authorized and issued stock), and
the state where incorporated.
2. A detailed statement to be appended to the application
fully describing the equipment, components and parts of the proposed
system.
3. The time schedule for complete installation of the
system and a description of the building or office in which such
system will be housed.
4. A written summary of previous experience in providing
protective alarm monitoring system service.
E. The Chief of Police shall conduct an appropriate investi-
gation of applicants for permits hereunder. He may require addi-
tional information from applicants which he deems necessary to con-
duct his investigation. Such applications may be disapproved and
denied if, after such investigation, it is determined ]by the Chief
of Police that:
1. The applicant has knowingly made any false, misleading
or fraudulent statement of a material fact in the application or in
any report, record or information required to be furnished or filed
with any City agency.
2. The character or reputation of such applicant is adverse
to the safety or general welfare of the community.
3. The applicant is not capable of providing the services
required by this chapter.
F. The Chief of Police, if satisfied that the applicant is
capable of installing and maintaining a modified central station
system under the requirements and conditions of this chapter, may
approve the issuance of the permit to the applicant and the permit
shall thereupon be issued by the City Manager. Such permits may
be renewed annually on or before the anniversary date of the permit.
Such permit is in addition to any business license which such appli-
cant must acquire under the City's Municipal Code.
G. The Chief of Police, if satisfied that the applicant is
capable of installing and maintaining a central station system
under the requirements and conditions of this chapter, may, upon
proper application, approve the issuance of such permit upon list-
ing or certification of the system by Underwriters' Laboratories,
Inc. as a Central Station System, and the permit shall thereupon
be issued by the City Manager. Such permits may be renewed anually
on or before the anniversary date of the permit. Such permit is
in addition to any business license which such applicant must acquire
under the City's Municipal Code.
H. In the case of denial of application, the City Manager
shall notify the applicant, in writing, of such denial and of the
basis for the denial, which may be nonconformance with any part of
this chapter. If the basis for the denial can be corrected, the
writing shall so state and shall explain how these corrections may
be made. The notice of denial shall inform the applicant that he
may appeal the denial and set forth the procedure for appeal. The
procedure for appeal shall be as follows:
1. Within 10 days after receipt of the notice of denial,
the applicant shall file a notice of appeal with the City Clerk
addressed to the City Council and stating the basis of the appeal.
2. Within 10 days after receipt of the notice of appeal,
the C i ty Manager or his designated representative, shall arrange
for a conference with the applicant and the Chief of Police to
attempt to reach an agreement concerning the appeal.
3. If the conference fails to settle the matter in a
way acceptable to the applicant, arrangements shall be made to have
the appeal heard before the City Council. Such hearing shall be
held within 20 days after the conference. The C it y Clef k
shall cause the applicant to be given notice of the hearing by
certified mail at least 5 days in advance of the hearing. The
applicant may appear before the City Council and the applicant or
his designated representative may make an oral presentation of his
appeal, or he may make the appeal through a written statement, or
he may do both. The City Council shall rule on the appeal at the
same meeting at which the appeal is heard or within a reasonable
time thereafter. The decision of the City Council shall be final.
I. Each person, firm or corporation to whom a permit is
issued under this Chapter shall also comply with the following con-
ditions and requirements.
1. Each person, firm or corporation holding a permit
shall keep a faithful and true record of the source, day and hour,
cause and pertinent circumstances of each alarm, signal or emer-
gency message received and the action taken on each such alarm,
signal or emergency message received. Such record shall be avail-
able for inspection by the Chief of Police or his authorized designee
at all times°
2. Each person, firm or corporation holding a permit shall
provide the Chief of Police with the address of each premise within
the City of Bakersfield for which, and the name of the person, firm
or corporation to whom, such permittee sells, leases or installs,
or has sold, leased, or installed any emergency alarm system.
3. Each person, firm or corporation holding a permit here-
under that installs or services an alarm system shall clearly instruct
the subscriber in the proper use and operation of the alarm system,
especially in those factors which can cause false alarms.
7.64.060 Revocation of Permits.
A. In addition to any penalties which may be imposed for the
violation of the provisions of this chapter, the City Manager may,
upon recommendation of the Chief of Police and pursuant to the pro-
visions of this section, revoke the permit of a modified central
station or central station on any of the following grounds:
1. Fraud or willful misrepresentation or false statement
in an application for a permit.
2. Fraud or willful misrepresentation or false statement
in the conduct of the permittee's alarm business in the City.
3. Failure to correct any deficiencies in equipment or
operation within 30 days after receipt of notice of smne from the
Chief of Police, or within a reasonable time if the deficiencies
in equipment cannot be corrected within the said 30 days.
4. Failure to comply within a reasonable time with any
order or notice issued by the Chief of Police after the permittee's
rights to hearing and appeal have been exhausted or failure after
reasonable notice to permit the Chief of Police to inspect any lists
which he is authorized to inspect or failure to comply with the
standards or any condition or requirement imposed by this chapter
within a reasonable time, not less than 30 days, after notice or
order from the Chief of Police.
5. Transmitting in excess of allowable false alarms as
established in Section 7.64.064C where such false alarms are entirely
10.
chargeable to the holder of the permit itself as in the case of
defective equipment or maintenance directly attributable to the
permittee; or failure to perform its duties under Section 7.64.064.
B. No modified central station or central station permit
shall be revoked until a hearing is held by the City Manager or
his designated representative. Written notice of the time and
place of the hearing shall be served on the holder of the permit
at least 10 days before the date set for the hearing. The notice
shall set forth a sunmmry of the grounds advanced as the basis for
the revocation of the permit.
C. At the hearing the holder of the permit or his authorized
representative, shall be given an opportunity to confront and
examine any adverse witness, and to present evidence on his own
behalf. After the hearing the City Manager or his designated
representative shall either dismiss the complaint or revoke the
permit. The City Manager shall cause the holder of the permit to
be given notice in writing of his decision within 10 days after
making it.
D. Any person, firm or corporation whose permit is revoked
pursuant to this section shall have the right, within 10 days
after receiving notice in writing of the revocation, of filing a
written appeal to the City Council. Such appeal shall set forth
in detail the specific ground or grounds on which it is based.
The City Council shall hold a hearing on the appeal within 30 days
after its receipt by the City, or at a time thereafter, agreed
upon and shall cause the appellant to be given at least 10-days'
written notice of such hearing. At the hearing the appellant or
his authorized representative shall have the right to present a
written or oral argument, or both, in support of his appeal. The
determination of the City Council on the appeal shall be final.
Within 10 days after notice of revocation or exhaustion of appeal
rights, the business must notify all persons for whom alarm systems
are being serviced.
11.
E. After notice of revocation has been given, a permittee
may continue to operate his business in the City until all of his
rights of appeal under this chapter have been exhausted.
7.64.062 Alarm User Permits.
A. The term '~larm User" means any person on whose premises an
alarm system is maintained within the city except for alarm systems
on motor vehicles and audible alarms as defined in Section 7.64.100.
B. Within 90 days after the effective date of this chapter
every alarm user shall obtain an alarm user permit for each alarm
system he operates within this city, from a central station or
modified central station, who shall be the issuing authority for
all such permits.
C. The alarm user applying for the permit required in para-
graph B of this section, shall state on a permit application form
to be approved by the Chief of Police and Finance Director or their
authorized representative: his name, the address of the residence
or business or businesses in or upon which the alarm system has been
or will be installed, his telephone number, the type of alarm system,
the alarm business or businesses selling, installing, monitoring,
inspecting, responding to and/or maintaining the alarm system, and
the name and telephone number of at least one other person, who can
be reached at any time, day or night, and who is authorized to
respond to an alarm signal and who can open the premises in which
the system is installed.
D. There shall be a permit fee for the first year and an
annual renewal fee. Such fees shall be as prescribed by resolution
of the City Council and shall be collected by the issuing authority
as agent for the City and transmitted on an annual basis to the City
Finance Director for deposit in the appropriate fund or account of
the City to cover costs of the City.
E. A copy of the permit as issued shall be kept on file by
the issuing authority, and copies shall be forwarded to the Chief
of Police and to the Finance Director.
12.
F. Any alarm system user who operates an alarm system without
first obtaining a permit as required by this section, or who, after
having a permit revoked, or suspended, fails to disconnect or remove
his alarm system, shall be in violation of this chapter, subject,
however, to a right to a hearing, in case of
revocation.
G. It shall be unlawful for any person
such suspension or
to willfully activate
any emergency alarm, except for the purpose for which it was designed.
7.64.064 False Alarms and Regulations--Revocation or Suspension
of Permit--Appeal.
A. Every alarm user permitted under this chapter shall be
required to have its alarm system inspected at least once a year and
post a certificate of such inspection on the premises where the alarm
system is maintained. It is the duty of the alarm user to keep his
alarm system in good repair and to instruct his employees in the
proper use and operation of the alarm system, especially in those
factors which can cause false alarms.
B. The term "false alarm" means the transmittal by the holder
of a permit under Section 7.64.062, to the Centralized Communications
Center of the City Police Facility or to any city agency, of an
emergency alarm, signal or message, which is made as the result
of the activation of any alarm system through mechanical failure,
malfunction, improper installation, or the negligence of the owner
or lessee of an alarm system or of his employees or agents. Such
term does not include alarms caused by high winds, earthquakes, or
other such violent conditions or by circumstances which are not within
the control of such alarm user.
C. An alarm shall constitute a public nuisance, and upon final
notice thereof by the issuing authority, or upon revocation or
suspension of the permit, such alarm shall be disconnected or removed
by the alarm user and such alarm may not be connected or reinstailed
or caused to be connected or reinstailed, except by the written
permission of the issuing authority after applying for an obtaining
a new alarm system permit, if the alarm activates more than:
13.
1. One false alarm in any 30-day period; or
2. Two false alarms in any 90-day period; or
3. Three false alarms in any 180-day period;
4. Four false alarms in any 360-day period.
or
D. If an alarm becomes a public nuisance under paragraph C
of this section, the issuing authority shall notify the owner or
lessee of the alarm and the alarm business if there is one, of such
fact, by mail and require that the permit holder submit a written
report to the issuing authority within 15 days after receipt of such
notice, describing efforts to discover and eliminate the cause or
causes of the false alarms. If the permit holder fails to submit such
a report within 15 days or within any extended period as may be
requested by the permit holder and granted by the issuing authority,
the issuing authority may revoke the alarm user's permit and under
such circumstances the alarm user shall not be entitled to a hearing
or appeal.
E. If the alarm user submits a written report as required by
paragraph D of this section, but the issuing authority determines,
in accordance with this chapter, that the report does not satisfac-
torily describe efforts to discover and eliminate the problem and
that the alarm user has failed to show by the report that he has
taken reasonable steps to eliminate false alarms, then the issuing
authority may issue written notice by mail of its intent to revoke
or suspend the alarm user's permit. The alarm user may, within 10
days after receipt of such notice (which shall be deemed to be two
days after mailing), request a hearing before the issuing authority
at which he shall be given opportunity to show why the alarm has
not become a public nuisance under this section and to confront any
witnesses against him. If the hearing is not requested within such
time, the issuing authority may revoke the permit. If a hearing is
requested within the time limited, the issuing authority shall hear
the matter upon at least five days notice to the holder of the per-
mit. The issue to be determined shall be whether the alarm constitutes
14.
a public nuisance under this section. After the hearing, the issuing
authority may either issue a notice of intent to give final notice
under paragraph C of this section, or withdraw the complaint.
F. Any alarm user who has been given such notice of intent shall
have the right, within ten days after receipt thereof, to file a
written appeal with the City Council or an appeals board which may
be established by the City Council. If no such appeal is filed,
the issuing authority may issue final notice under paragraph C of
this section.
G. Upon the filing of a written appeal under paragraph F of
this section, the City Council (or appeals board) shall hold a hear-
ing on the appeal within 30 days after its receipt by the City upon
10 days' notice to the appellant. At the hearing, the issue shall
be whether or not the alarm constitutes a public nuisance under
paragraph C of this section. The City Council (or appeals board)
shall issue its decision within 15 days after the hearing. If the
City Council (or appeals board) finds that the alarm constitutes
such nuisance, the issuing authority may issue its final notice under
paragraph C of this section.
H. After disconnection or removal of the alarm, which may be
required under this section, connection or reinstallation is permitted
by new permit issued by the issuing authority upon satisfactory
evidence being presented showing that the problem creating the
nuisance had been corrected or in the case of employee error, proper
training had been given, or the responsible employee terminated, if
an additional false alarm as defined in paragraph B is found to have
been transmitted within 180 days from the date of such disconnection
or removal, due to the same problem which prompted the original action
of the issuing authority, then the issuing authority shall hear the
matter upon at least five days' notice to the holder of the permit
upon the issue as to whether the said finding is correct. Opportunity
shall be given the holder of the permit to contest the finding at
the hearing. After the hearing, the issuing authority may withdraw
15.
the complaint or shall suspend the alarm user permit for one year,
subject to appeal on the issue of the correctness of the finding
that an additional false alarmwas so transmitted, under the pro-
cedure set forth in paragraph G of this section.
7.64.070 AlarmBusinesses--Regulations.
A. The term '~larm Business" means any business, except a
modified central station system or central station system, operated
by a person, firm or corporation for a profit which engages in the
activity of altering, installing, leasing, maintaining, repairing,
replacing, selling, servicing emergency alarm systems or which
causes any of these activities to take place, within the City of
Bakersfield.
B. The term "Answering Service" refers to a telephone answer-
ing service providing the service of receiving on a continuous
basis through trained employees, emergency signals from alarm
systems, and thereafter immediately relaying the message by live
voice to the modified central station or central station holding
a permit issued by the City of Bakersfield.
C. It shall be unlawful for any alarm business or answering
service to fail or neglect to comply with the following conditions
and requirements:
1. No later than the operative date of this chapter, each
alarm business shall remove and cooperate in the removal from the
Police Facility at 1620 Truxtun Avenue, and from any city facility
in which located, all emergency alarm system property or equipment
over which it has control, ownership or right of possession,
including any emergency alarm receiving equipment, annunciators,
panels, lines, or any other similar property or equipment capable
of receiving alarms, systems or messages from alarm systems or
answering services.
2. From and after the operative date of this chapter any
alarm system, or alarm equipment, sold, leased, maintained or
serviced by an alarm business, shall be so arranged, adjusted or
programmed to transmit its alarms or signals directly to a central
station system or modified central station system, holding a permit
16.
to so operate, issued by the City of Bakersfield; provided, however,
that any such alarm system or other alarm equipment which terminates
at an answering service upon the operative date of this Chapter may
be permitted to continue to so terminate, provided that no later
than the operative date of this Chapter such answering service
shall relay any emergency signal or alarm so received, directly
to a permittee central station or modified central station and
shall not relay any emergency signal or alarm to any city facility.
3. Each alarm business which does not receive a permit
to operate as a central station or modified central station system
under this Chapter shall have the privilege to cause its alarm
systems and equipment to be connected to a permittee central sta-
tion or modified central station system and receive service under
and subject to the conditions and requirements of this chapter upon
paying the permittee's charges for such connection, maintenance and
services. The holder of a permit to operate a central station or
modified central station system shall have the right to refuse con-
nection with its system if the equipment to be so connected is
judged substandard or inferior that it is likely to malfunction or
is not reasonably adaptable to the system with which it is proposed
to be connected; and such permittee shall have the right to dis-
continue service to an alarm user (owner or lessee) if his alarm
system is activated through mechanical failure, malfunction, improper
installation or the negligence of the owner or lessee of the alarm
system or of his employees or agents more than four times in any
360-day period.
4. Each alarm business or permittee that installs or
services an alarm system shall clearly instruct the subscriber in
the proper use and operation of the alarm system, especially in
those factors which can cause false alarms.
5. Each answering service shall have the privilege to
receive signals or alarms from alarm systems maintained or serviced
by an alarm business and transmit to a central station or modified
17.
central station system under and subject to the conditions of this
chapter.
6. Each alarm business or permittee servicing an alarm
system shall respond to service the same within 24 hours after it
has been notified by the subscriber, police department or fire
department that an alarm system has malfunctioned, and shall dis-
play to the Chief of Police, when requested, the record of inspec-
tion or repair of any subscriber's installed alarm system.
7. Each alarm business shall notify the centralstation
or modified central station whenever a subscriber's alarm system
is under service or repair where, in the process of such service
or repair, the system may be activated.
7.64.080 AlarmAgents--Required Identification Card.
A. An alarm agent under this section shall mean any person
who is employed by an alarm business, answering services receiving
emergency alarms or central station or modified central station
system, whose duties include any of the following: sellling, main-
taining, leasing, servicing, repairing, altering, replacing, moving
or installing on or in any building or facility, any allarm system
within the City of Bakersfield or any such employee who has access
to confidential information of an alarm user, or to monitoring
equipment. It shall be unlawful for any person to engage in,
conduct or operate as an alarm agent without first applying for
and receiving an alarm identification card, in accordance with
this section.
B. The application shall be in a
Finance Director and shall include the
form prescribed by the
following:
1. The applicant's full name and any aliases or other
names previously used, residence and business address and telephone
numbers. Such application shall be accompanied by a processing fee
in an amount fixed by the City Council.
2. The applicant's date and place of birth.
3. A list of all felony and misdemeanor convictions of
the applicant, except traffic violations.
18.
4. The name and address of the alarm business or modi-
fied central station, central station or answering service where
the applicant is or will be employed.
5. The applicant's employment record for the prior
three years.
6. A statement that the applicant will forthwith inform
the Chief of Police of any change in the above information or the
termination of the applicant's employment.
7. Any other information, photographs, fingerprinting,
which the Chief of Police may deem necessary to determine whether
the applicant for an identification card meets the requirements
of this ordinance.
C. Prior to employing an alarm agent, an alarm business,
modified central station, central station and answering service,
shall require the names of at least two references and the names
and addresses of employers for the past three years of such person
and shall make reasonable and prudent inquiries prior to issuing a
temporary identification card to determine whether the person
applying for employment meets the requirements of this section.
If the employer has reason to believe that the job applicant does
not meet the requirements of this section, no temporary identifi-
cation card shall be issued by the employer.
Do The temporary or permanent identification card required
by this section shall be carried by a person required. to obtain
an identification card whenever such person is engaged in the
business of the permittee or answering service and shall be
exhibited at the demand of any lawful authority.
E. The Chief of Police shall review the application and other
relevant information as may be obtained and shall report his find-
ings to the City Manager, who shall not issue such card until
approved by the. Chief of Police.
19.
F. The City Manager may deny the application if:
1. The applicant has been convicted of a felony or a
misdemeanor involving moral turpitude.
2. The application contains any false statements made
willfully and knowingly.
G. In case of denial of the application for a permanent
identification card, the City Manager shall notify the applicant
in writing, of such denial and of the basis for the denial. The
notice of denial shall inform the applicant that he may appeal
the denial and set forth the procedure for appeal. The procedure
for appeal shall be as follows:
1. Within 10 days after receipt of the notice of denial,
the applicant shall file a notice of appeal with the City Clerk
addressed to the City Council and stating the basis of the appeal.
2. Within 10 days after receipt of the notice of appeal,
the City Manager or his designated representative, shall arrange
for a conference with the applicant and the Chief of Police to
attempt to reach an agreement concerning the appeal.
3. If the conference fails to settle the matter in a
way acceptable to the applicant, arrangements shall be made to
have the appeal heard before the City Council. Such hearing shall
be held within 20 days after the conference. The City Clerk shall
cause the applicant to be given notice of the hearing by certified
mail at least 5 days in advance of the hearing. The applicant may
appear before the City Council, and the applicant or his desig-
nated representative may make an oral presentation of his appeal,
or he may make the appeal through a written statement, or he may
do both. The City Council shall rule on the appeal at the same
meeting at which the appeal is heard or within a reasonable time
thereafter. The decision of the City Council shall be final.
H. An identification card, issued by the City Manager and
approved by the Chief of Police, shall contain a recent photo-
graph of the applicant, the date of issue, the applicant's signa-
ture, a statement that the card is valid for two years from the
20.
date of issue and such other information as the Chief of Police
may in his discretion require. All identification cards shall be
consecutively numbered.
Io It shall be unlawful for the applicant willfully to fail
to return an identification card to the issuing agency or business
immediately upon termination of his employment.
7.64.090 Suspension and Revocation of Identification Cards
Issued to Alarm Agents.
A. In addition to any penalties which may be imposed for the
violation of the provisions of this Chapter, the City Manager may,
upon recommendation of the Chief of Police, and pursuant to this
section suspend and revoke the identification card of an alarm
agent on any of the following grounds:
1. Fraud or willful and knowing misrepresentation or
false statement made in an application for an identification card.
2. Fraud or willful and knowing misrepresentation or
false statement made in the course of his employment as an alarm
agent.
3. Causing an alarm system to become inoperative for
an unlawful purpose.
4. Conviction of a felony or of a misdemeanor involving
moral turpitude or which reflects unfavorably upon the card holder's
fitness to be an alarm agent.
B. No identification card shall be suspended or revoked
until a hearing is held by the City Manager or his designated
representative. Written notice of the time and place of the hear-
ing shall be served on the holder of an identification card at
least five calendar days before the date set for the hearing. The
notice shall set forth a summary of the grounds advanced as the
basis for the suspension or revocation.
C. At the hearing before the City Manager or his designated
representative, the holder of the identification card shall be
given an opportunity to confront and examine any adverse witness,
21.
and to present evidence in his own behalf. After the hearing,
the hearing officer shall either dismiss the complaint or shall
suspend the identification card pending the exhaustion of the
appeal rights under this section. The hearing officer shall cause
the holder of the identification card to be given notice in writing
by mail addressed to his last known address or personally, of his
decision within 10 days after making it. If the identification
card is suspended, the holder thereof shall immediately return the
card to the Chief of Police.
D. Any person whose identification card is suspended under
Subsection C shall have the right, within 10 days after the notice
in writing of the suspension, to file a written appeal with the
City Council. Such appeal shall set forth in detail the specific
ground on which it is based. The City Council shall hold a hear-
ing on the appeal within 30 days after receipt of the appeal or
at a time thereafter agreed upon and shall cause the appellant
to be given at least 10-days' written notice of such hearing. At
the hearing the appellant or his authorized representative shall
have the right to present evidence and a written or oral argu-
ment, or both, in support of his appeal. The determination of
the City Council on the appeal may be for suspension, revocation,
or dismissal of the complaint.
E. If the holder of the identification card which has been
suspended by the hearing officer fails or neglects to file an
appeal to the City Council within the time limited under Subsec-
tion D, the hearing officer may continue the suspension, or revoke
the identification card.
7.64.100 Audible Alarms.
A. For the purposes of this section, "audible alarm" means
a device designed for the detection of unauthorized entry on pre-
mises which generates an audible sound on the premises when it is
actuated. It shall be unlawful to install or maintain an audible
alarrgwhich upon actuation emits a sound similar to sirens in use
22.
on emergency vehicles or for civil defense purposes.
B. For the purposes of this section "false alarm" means the
activation of an audible alarm through mechanical failure, mal-
function, improper installation, or the negligence of the owner
or lessee of an audible alarm or of his employees or agents. Such
term does not include alarms caused by high winds, earthquakes or
other violent conditions or by circumstances which are not within
the control of such audible alarm user.
C. Every person maintaining an audible alarm shall post a
notice containing the names and telephone numbers of the persons
to be notified to render repairs or service and secure the pre-
mises during any hour of the day or night that the alarm is acti-
vated and shall furnish such names and telephone numbers to the
Chief of Police. Such notice shall be posted near the alarm in such
a position as to be legible from the ground level adjacent to the
building or premises where the alarm system is located. It shall
be unlawful to fail to carry out the requirements of this subsection.
D. Every person maintaining an audible alarm shall keep his
alarm in good repair and shall notify the police department prior
to any service, test, repair, maintenance, adjustment, alteration
or installation, which might actuate the alarm. It shall be unlaw-
ful to fail to carry out the requirements of this subsection.
E. An audible alarm shall constitute a public nuisance, and
upon final notice thereof by the Chief of Police, such alarm shall
be disconnected or removed by the person maintaining such alarm
and such alarm may not be connected or reinstailed or caused to
be connected or reinstailed by the owner or lessee thereof, or
the person, firm or corporation maintaining the same, except by
written permission of the Chief of Police, if the audible alarm
actuates more than:
1. One false alarm in any 30-day period; or
2. Two false alarms in any 90-day period; or
3. Three false alarms in any 180-day period;
or
23.
4. Four false alarms in any 360-day period.
F. If an audible alarm becomes a public nuisance, the Chief
of Police or his designated representative shall notify the owner
or lessee of the alarm of such fac~ who may within 10 days after
receipt of such notice request a hearing before the Chief or his
representative, setting forth the reasons why his audible alarm
has not become a public nuisance under this section. If a hear-
ing is not requested within such time, the Chief of Police may
give final notice and Subsection E shall apply. If a hearing is
requested within the time limited, the Chief of Police or his
designated representative shall hear the matter upon at least 5-
days' notice to the owner or lessee of the audible alarm. After
the hearing, the Chief or his designated representative may either
issue a notice of intent to give final notice under Subsection E,
or withdraw the complaint.
G. Any owner or lessee of an audible alarm who has been
given such notice of intent shall have the right, within 10 days
after receipt thereof, to file a written appeal with the City
Council. If no such appeal is filed, the Chief or his represen-
tative may issue final notice under Subsection E.
H. Upon the filing of a written appeal under Subsection G,
within the time limited, the City Council shall hold a hearing
on the appeal within 30 days after its receipt by the City upon
10-days' notice to the appellant. At the hearing, the issue
shall be whether or not the audible alarm constitutes a public
nuisance under Subsection E. The City Council shall issue its
decision within 15 days after the hearing. If the City Council
finds that the audible alarm constitutes a nuisance, the Chief
of Police or his designated representative may issue his final
notice under Subsection E.
7.64.110 Inspection of Alarm Devices and Businesses.
A. For the purpose of achieving the objectives of this chapter
and enforcing its provisions, the Chief of Police or his designated
representatives or the Fire Chief or his designated representatives
24.
shall have the authority at reasonable times and upon reasonable
oral notice, to enter any premises in the City in or upon which
alarm systems or permittees subject to this chapter are located,
to inspect the installation and/or operation of such alarm systems
of modified central stations or central stations, on official
police or fire business.
B. If such inspection reveals any violations of the provi-
sions of this chapter, a report detailing such violations shall
be promptly sent to the owner, lessee, or other person responsible
for the alarm system or business in violation of this chapter.
Such report shall require the correction within 30 days after
receipt of the notice of the violation discovered, and shall state
that a failure to comply may result in the revocation of the modi-
fied central station or central stations' permit to operate, in
accordance with provisions of this chapter relating to revocation
of permits. The modified central station or central station shall
be granted a reasonable extension of time to correct such violation
upon good cause shown.
7.64.120 Penalties For Violation. Any person, firm or corpora-
tion 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 $200. Each day that such
violation continues shall constitute a separate offense.
7.64.130 Severability. If any section, subsection, paragraph,
subparagraph, clause, or phrase of this chapter is for any reason
held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining sections of this chapter. The
Council hereby declares that it would have passed this chapter and
each section, subsection, paragraph, subparagraph, clause or phrase
thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, subparagraphs, clauses or phrases be
declared unconstitutional or invalid.
25.
SECTION 2.
This ordinance is an emergency ordinance for the imme-
diate preservation of the public health, peace, property, safety
and general welfare and shall be effective immediately and shall
be operative on and after April 1, 1976.
.......... O00 ..........
I HEREBY CERTIFY that the foregoing emergency ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the ~.qth day of March ,
1976__, by the following vote:
AYES: ~'OUN I?,~
NORS: CCU; I.~,,N:
CITY ~SERK and Ex (kfficlo Clerk of the
Council of the City of Bakersfield
APPROVED this ?2~Ltb_ day of March
/
MAY~~~y of Bakersfield
, 197 6
APPROVED as to form:
CITY ATTORNEY of the C~ty of Bakersfield
26.
AffrayS! of os ng
STATE OF CALIFORNIA, t
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that o~ ..........................................~.~_~.~_.~ ..............................................................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 ........................M_.~..r...~..l~_. _.2..~. ..................................19~...6_.., which ordinance
was numbered ....... ~.2~9 ..................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 7.64 TO
TITLE 7 OF THE MUNICIPAL CODE REGULATING
POLICE AND FIRE ALARM SYSTEMS, BUSINESSES
AND USERS.
C rt ~/~/le rk
Subscribed and sworn to before me this