Loading...
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