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Ord 26 "'1. ORDINANCE NO. 26 f i f. AN ORDINANCE OF THE CITY OF PCmAY, CALIFORNIA AMENDING TITLE 3 OF THE COUNTY CODE OF REGULATORY ORDINANCES REPEALING DIVISION 10, CHAPTER 1, SECTION 310.101 THRU 310.121 AND ADDING DIVISION 10, CHAPTER 1, SECTION 310.101 THRU 310.118 REGARDING SECURITY ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 310.101 DEFINITIONS: For the purpose of this ordinance, the following words and phrases shall be construed as applying to activity within the City of poway as further set forth in this Section unless it is apparent from the context that a different meaning is intended: Alarm Agent means any person in possession of a (California) State approved Alarm Company Agent Identification Card containing said agent's photograph and physical description and employed by maintaining, moving, repairing, replacing servicing, responding to, or causing others to respond to an alarm system in or on any building, structure or facility. This definition shall not apply to local safety officers as defined in Government Code 20019.4. Alarm Business means any (California) state approved alarm company business carried on by any individual, partnership, corporation, or other entity of leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility. i ! '!5 i <L < Alarm System means any mechanical or electrical device which is designed or used for either the detection of fire or intrusion into a building, structure or facility or both, which detection causes a local audible alarm or transmission of a signal or message, or which is used to evoke police or fire department response. Alarm systems include, but are not limited to, direct-dial telephone devices. Devices which are not designed or used to evoke police or fire response and devices which are designed so as not to be audible, visible, or perceptible outside of the protected building, structure or facility are not included within this definition. Also not included in this definition are auxiliary devices installed by a telephone company to protect its system from damage or disruption by use of an alarm system, alarm systems affixed to vehicles, and smoke detectors. Appellant means a person who perfects an appeal pursuant to section 5 of this Ordinance. Audible alarm means the sound generated by a device designed for the detection of fire in or intrusion into a building, structure or facility. City means the City of poway. ...~ ORDINANCE NO. 26 Page 2 Day means a calendar day. f J False Alarm means the activation of an alarm system responded to by any public agency through mechanical failure or malfunction, or accidental tripping, misoperation, or misuse by the lessee or owner of the alarm system or his employee or agent. Mechanical failure or malfunction caused by negligent maintenance of the system is also included in this definition. Upon failure of the police department or fire department to find any evidence of intrusion, fire, or other need or cause for activating an alarm system, a conclusive presumption of false alarm will be made. False alarm shall not include alarms caused by malfunction of telephone line circuits, or external causes beyond the control of the owner or lessee of the alarm system. Person means a person, firm, corporation, association, partnership, individual, organization or company. Smoke detector means a device which senses visible or invisible particles of combustion and is designed to emit upon activation a sound sufficient only to provide warning to the occupants of the building, structure, or facility in which such device is situated. Section 310.102 REGISTRATION OF ALARM AGENTS: i I '!5 i <L < No person shall be employed or operate as an alarm agent without having first obtained a California state approved Alarm Company Agent Identification Card. Every agent so approved shall carryon his person a state card which shall have affixed thereto a photograph of said agent, said photograph having been taken within 30 days of the issuance of the stated card. Said card shall also contain such statistical information in regards to said agent as would currently be required upon a motor vehicle drivers license issued by the State of California. Section 310.103 DIRECT DIAL TELEPHONE DEVICES: No person shall install, or use any of the Poway Police Department. lease, maintain, service, repair, alter, replace, move, alarm system which directly dials any telephone number Department and or Sheriff's Offices or Poway Fire Section 310.104 SUSPENSION OF PRIVILEGE TO USE ALARM SYSTEM: (a) If at any time it shall come to the attention of the chief of police that the owner or lessee of an alarm system has violated any provisions of this ordinance, rules, or regulations made pursuant to this ordinance, including, but not limited to, false alarms which exceed the numbers permitted pursuant to section 6 of this Ordinance, the chief of police may serve such owner or lessee with a written order of suspension, which shall state the reason(s) for such suspension. The said order shall be effective immediately if personally served, or seventy-two (72) hours ~~ ORDINANCE NO. 26 Page 3 f J after the same has been deposited by certified mail in any branch of the united States Post Office, addressed to the owner or lessee of such alarm system at his address as set forth on the current tax assessors role and shall contain the following notice: "Any person who willfully continues in violation of any provision of the City's Alarm Ordinance, will be guilty of a misdemeanor and will be subject to criminal prosecution." "If you dispute this order of suspension you may, within 15 days of the date of mailing this order, appeal to the City Council in accordance with the provlslons of Section 5 of this Ordinance, a copy of which is attached for your reference." (b) Immediately upon such an order becoming effective, such owner or lessee shall immediately discontinue the use of any alarm system. (c) Upon failure of the owner or lessee of an alarm system to pay the false alarm prevention payment provided for in section 6, to cause the alarm system or alarm systems to be properly repaired, or to be properly used and operated, or to perfect an appeal to the City Manager, as provided for in section 5, such owner or lesee shall immediatley discontinue the use of any systems. The alarm system or systems shall not thereafter be used until such payment has been made, such repairs have been effected, or such owner or lessee satisfies the Chief of Police that such system or systems shall be properly used in the future, and the Chief of Police shall authorize in writing use of such system or systems. ! I ! j < Section 310.105 APPEALS (a) If he disputes any action of the Chief of police, the appellant may appeal to the City Manager by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstaances regarding the action of the Chief of Police. The City Clerk shall notify the appelant in writing of the time and place set for hearing of the appeal. The City Manager or his designated representative, ten (10) days from the date on which such appeal has been filed with the City Clerk, shall hear the appellant and the Chief of Police and shall consider all relevant evidence and shall determine the merits of the appeal. The City Manager may affirm, overrule or modify the decision of the Chief of Police, and that decision shall be final. (b) The right to appeal to the City Manager from an action of the Chief of Police shall terminate fifteen (15) days fOllowing the deposit of a certified letter in any branch of the United States Post Office addressed to the owner or lessee of an alarm system at his above mentioned mailing address or personal service of said letter, advising the applelant of the order of suspension. iIf" 1C3 ORDINANCE NO. 26 Page 4 f i f. Section 310.106 FALSE ALARM1 PREVENTION PAYMENT (a) When an audible alarm, message or signal is received by the poway Police and or Sheriff's Department or Fire Departments that evidences a failure to comply with any or the requirements of this Ordinance the Chief of Police is authorized to demand that the owner or lessee of the alarm system initiating such audible alarm, message or signal or his representative disconnect the alarm system until it is made to comply with the requirements of this Ordinance. (b) Any person who uses an alarm system for the protection of his real or personel property or person or has an alarm system connected to the police alarm system or a fire alarm system which has caused any signal, message or alarm to be transmitted to the fire department or police department, either by direct communication from an alarm agent or an alarm business, or by a person responding to an audible alarm, and which is proven to be a false alarm, shall pay a false alarm prevention payment to the City of poway as follows: A service charge of twenty-five dollars ($25.00) shall be charged for each false alarm in excess of (1) One false alarm in any thirty-day period1 or (2) Two (2) false alarms in any ninety-day period i I '!5 i ~ < (c) Upon receipt of satisfactory evidence of correction of a faulty system, or installation of a new system, the Chief of Police shall initiate a new thirty-day period for purposes of counting false alarms as defined in this section. For example, if evidence of correction is received, the person may have another false alarm during the original or new 30-day period without payment to the City of the service charge. However, said person may not exceed the limits of two (2), false alarms during the respective ninety period notwithstanding such evidence of correction. (d) If an alarm business fails to respond to a false alarm by taking corrective action a service charge of twenty-five dollars ($25.00) shall be charged that alarm business for each false alarm thereafter. The alarm business shall maintain records of such corrective action verified by the signature of the person described in Section 310.106 (b). Section 310.107 INSPECTION OF ALARM SYSTEM Fire alarm systems shall be listed by the State Fire Marshal. The City reserves the right to inspect all systems installed within the City. +1t3 ORDINANCE NO. 26 Page 5 Section 310.108 RESPONSIBILITIES OF OWNERS OR LESSEES OF ALARM SYSTEMS f ! f. The owner or lessee of an alarm system or systems shall provide the Chief of Police with his current mailing address and the names, addresses and phone numbers of two (2) persons to call in the event of an emergency. In the event his own mailing address or the names, addresses and phone numbers of such persons change, the owner or lessee shall supply the changes to the Chief of police within five (5) days of the change. Section 310.109 AUTOMATIC SHUT-OFF REQUIREMENTS All alarm systems, excluding fire alarms, shall include a device which will limit the generation of the audible sound of the system to not longer than thirty (30) minutes after activation. Section 310.110 DELAY DEVICE REQUIREMENTS All burglary detection alarm systems, excluding such alarm systems that are activated with a "key" device or which generate an audible alarm, shall include a device which will provide a thirty-second delay before the original alarm transmission and immediately upon being activated shall emit a signal in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation but prior to the transmission of a false alarm. ! I I j < Section 310.111 POWER SUPPLY An alarm system shall be supplied with an unterruptible power supply in such a manner that the failure or interruption of the normal utility electric service will not activate the alarm system. The back-up power supply must be capable of at least four (4) hours of continuous operation. Section 310.112 TESTING ALARM (a) An owner or lessee of an alarm system shall notify his central receiving station or answering service prior to any service, test, repair, maintenance, adjustment, alteration or installation of his alarm system which might activate a false alarm and result in a police/fire department response. Any alarm system activated where such prior notice has been given shall not constitute a false alarm. (b) After any false alarm caused by any malfunction of an alarm system, the owner or lessee shall cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm system. 1 I 1 i ~ r ORDINANCE NO. 26 Page 6 Section 310.113 PROHIBITIONS I (a) After the effective date of this Ordinance, it shall be unlawful to install or modify an alarm system which upon activation emits a sound similar to sirens used on emergency vehicles or for civil defense purposes. (b) It shall be unlawful to transmit an alarm indicating that an emergency exists without being specific as to the type of emergency, such as robbery, burglary, or fire. Section 310.114 FEES Fees prescribed in this Ordinance shall be in addition to any other lawful fees imposed by the City of poway for doing or conducting business with the City of Poway. Section 310.115 LIMITATION ON LIABILITY ,- The City of poway is under no obligation or duty to any owner or lessee of an alarm system or any other person by reason of any provision of this Ordinance or by reason of the exercise of any privilege pursuant to this Ordinance. Nor shall this Ordinance impose any liability, obligation or duty upon the City in regards to, but not limited to, defects in a police or fire alarm system, any delay in transmission of an alarm messaage to any emergency unit, or damage caused by non-response or in responding to any alarm by any city officer, employee or agent. l Section 310.116 CRIMINAL PENALTIES ! I I '!5 J < Any person who willfully violates any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment in the county jail not exceeding six (6) month, or both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by such person. Section 310.117 SEVERABILTIY OF PROVISIONS If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council declares that each provision is severable and that it would have adopted each provision which is not found to be invalid irrespective of the fact that anyone or more provisions are declared invalid or unconstitutional. ( ORDINANCE NO. 26 Page 7 Section 310.118 TERMS FOr the purpose of is used, the same shall corporate as necessary. this Ordinance, whenever the singular or masculine be deemed to include the plural, feminine or body Introduced and first read at a regular meeting of the City Council of the City of poway held the 17th day of March, 1981, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 24th day of March, 1981, by the following vote: AYES: COUNCILMEMBERS: EMERY, ORAVEC, SHEPARDSON, TARZY, REXRODE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:N~ fi---L ~ i MAYOR ATTEST: Jb1t" k' 2lLrdAtv CITY CLERK __.0.>. . ',-