Ord 295ORDINANCE NO. 295
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA DELETING
SECTIONS 9.44.010 THRU 9.44.150 OF THE POWAY MUNICIPAL CODE
RELATING TO SECURITY ALARMS AND ADDING SECTIONS
9.44.010 THRU 9.44.170
WHEREAS, the City Council finds that Ordinance relating to
security alarms will not have a significant adverse impact on the
environment and hereby issues a Negative Declaration.
NOW, THEREFORE, the City Council of the City of Poway does
hereby ordain as follows:
Section I: Security Alarms
The City Council of the City of Poway does hereby adopt the
following Sections 9.44.010 thru 9.44.170 of the Poway Municipal
Code:
Sections:
9.44.010
9.44.020
9.44.030
9.44.040
9.44.050
9.44.060
9.44.070
9.44.080
9.44.090
9.44.100
9.44.110
9.44.120
9.44.130
9.44.140
9.44.150
9.44.160
9.44.170
Chapter 9.44
SECURITY ALARMS
Definitions--Grammatical interpretation
Registration of alarm agents
Alarm Permits
Direct dial telephone devices
Suspension of privilege to use alarm system
Appeals
False alarm--Prevention payment
Inspection of alarm system
Responsibilities of owners or lessees of alarm
systems
Automatic shut-off requirement
Delay device requirements
Power Supply
Testing alarm
Prohibitions
Fees
Limitation on liability
Criminal Penalties
Ordinance No. 295
Page 2
9.44.010
9.44.010 Definitions--Grammatical interpretation.
A. Grammatical Interpretation. For the purpose of this
chapter, whenever the singular or masculine is used, the same
shall be deemed to include the plural, feminine or body corporate
as necessary.
B. For the purposes of this chapter, the following words
and phrases shall be construed as applying within the City as
further set forth in this section unless it is apparent from the
context that a different meaning is intended:
1. "Alarm agent" means any person in possession of a 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 Section
20019.4.
2. "Alarm business" means any 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.
3. "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 Sheriff 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 sheriff 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, smoke detectors, and medical alert systems.
4. "Appellant" means a person who perfects an appeal
pursuant to Section 9.44.060.
5. "Audible alarm" means the sound generated by a device
designed for the detection of fire in or intrusion into a
building, structure or facility.
6. "Day" means a calendar day.
Ordinance No. 295
Page 3
9.44.010 -- 9.44.030
7. "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 Sheriff 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 does 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.
8. "Person" means a person, firm, corporation, association,
partnership, individual, organization or company.
9. "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.
9.44.020 Registration of alarm agents. No person shall be
employed or operate as an alarm agent without having first
obtained a State approved alarm company agent identification
card. Every agent so approved shall carry on his person a State
card which shall have affixed thereto a photograph of said agent,
and photograph having been taken within thirty 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 driver's license
issued by the State.
9.44.030 Alarm permits. No person shall install, maintain,
lease, service, repair, alter, replace, move, use any security or
emergency alarm system in a premises which has experienced a
false alarm, after October 15, 1989, without first obtaining a
city alarm permit. An application and a fee approved by the
Director of Safety Services shall be required for such permit.
Such permit fees shall be established by resolution of the City
Council. Permits shall be renewed every two (2) years. The
alarm permit application shall include the alarm location, type
of alarm system (silent or audible activation), type of response
requested (robbery, burglary or medical emergency), name of
business (if applicable), name, home address, phone number of
alarm user, subscriber or owner, telephone number at alarm
location and additional names, addresses, and phone numbers of
responsible persons for emergency notification. A separate alarm
permit shall be required for each building structure or facility
on the premises that requires a permit and that uses an alarm
Ordinance No. 295
Page 4
9.44.030 -- 9.44.060
system that could evoke an emergency response. Alarm permits
shall be issued to the alarm user, subscriber, or owner provided
the requirements of this chapter are not violated. A new permit
shall be required upon sale or transfer of an alarm location
which has a permit.
9.44.040 Direct dial telephone devices. No person shall
lease, maintain, service, repair, alter, replace, move, install,
or use any alarms system which directly dials any telephone
number of the Department of Safety Services offices, including
the City Fire Department or Sheriff's Department.
9.44.050 Suspension of privilege to use alarm system.
A. If at any time it comes to the attention of the Director
of Safety Services that the owner or lessee of an alarm system
has violated any provisions of this chapter, rules, or
regulations made pursuant to this chapter, including, but not
limited to, false alarms which exceed the numbers permitted
pursuant to Section 9.44.070, the Director of Safety Services 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 hours 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 assessor's roll.
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
9.44.070, 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
9.44.060, such owner or lessee shall immediately 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
Director of Safety Services that such system or systems shall be
properly used in the future, and the Director of Safety Services
shall authorize in writing use of such system or systems.
9.44.060 Appeals A. If the owner or lessee of an alarm
system disputes any action of the Director of Safety Services,
such person may appeal to the City Manager by filing with the
City Clerk a statement addressed to the City Manager setting
forth the facts and circumstances regarding the action of the
Director of Safety Services. The City Clerk shall notify the
appellant in writing of the time and place set for hearing of the
appeal.
Ordinance No. 295
Page 5
9.44.060 -- 9.44.070
The City Manager or designated representative, ten days from the
date on which such appeal has been filed with the City Clerk,
shall hear the appellant and the Director of Safety Services 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 Director of Safety Services, and that
decision shall be final.
B. The right to appeal to the City Manager from an action
of the Director of Safety Services shall terminate fifteen 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 appellant of the order of
suspension.
9.44.070 False alarm--Prevention payment. Any person who
uses an alarm system for the protection of his real or personal
property or person or has an alarm system connected to the
sheriff alarm system or a fire alarm system which has caused any
signal, message or alarm to be transmitted to the Fire Department
or Sheriff, 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 shall pay a false alarm
prevention payment to the City as follows:
The first two (2) false alarms in a twelve (12) month
period shall be considered accidental and no penalty
fees charged. The owner or lessee of the alarm system
shall be notified in writing by the Director of Safety
Services after the occurrence of the second false
alarm, notifying him/her that any further false alarms
may result in penalty assessments.
The owner or lessee of the alarm system shall be
assessed the following penalty fees for any false
alarms above the initial two (2) false alarms in a
twelve (12) month period. Such fees shall be
established by resolution of the City Council and shall
be paid to the City Treasurer or his designee for
deposit in the General Fund.
Ordinance No. 295
Page 6
9.44.080 -- 9.44.130
9.44.080 Inspection of alarm .s~stem. Fire alarm systems
shall be listed by the State Fire Marshal. The City reserves the
right to inspect all systems installed within the City.
9.44.090 Responsibilities of owners or lessees of alarm
systems. The owner or lessee of an alarm system or systems shall
provide the Director of Safety Services with his current mailing
address and the names, addresses and phone numbers of two 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 Director of Safety Services within five days of the change.
9.44.100 Automatic shut-off requirement. All alarm
systems, excluding fire alarms, shall include a device which will
limit the generation of the audible sound of the system to no
longer than thirty minutes after activation, and the Sheriff or
his representative shall have the right to take such steps as may
be reasonable and necessary to disconnect or otherwise render
inoperable any activated alarm.
9.44.110 Delay device requirement. Ail 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.
9.44.120 Power supply. An alarm supply shall be supplied
with an uninterruptible power supply in such a manner that the
failure or interruption of the normal utility electric service
will not activate the alarm system. The backup power supply must
be capable of at least four hours of continuous operation.
9.44.130 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 Sheriff/Fire
Department response. Any alarm system activated where such prior
notice has been given shall not constitute a false alarm.
Ordinance No. 295
Page 7
9.44.130 -- 9.44.170
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.
9.44.140 Prohibitions. A. After the effective date of the
ordinance codified in this chapter, it is 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 is 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.
9.44.150 Fees. Fees prescribed in this chapter shall be in
addition to any other lawful fees imposed by the City for doing
or conducting business with the City.
9.44.160 Limitation on liability. The City 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 chapter or by
reason of the exercise of any privilege pursuant to this chapter,
nor shall this chapter impose any liability, obligation or duty
upon the City in regards to, but not limited to, defects in a
sheriff or fire alarm system, any delay in transmission of an
alarm message to any emergency unit, or damage caused by
nonresponse or in responding to any alarm by any City officer,
employee or agent.
9.44.170 Criminal penalties. Any person who wilfully
violates any provision of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding one thousand dollars, or imprisonment in the
county jail not exceeding six months, 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 chapter is committed, continued or permitted by such person.
Ordinance No. 295
Page 8
EFFECTIVE DATE: This ordinance shall take effect and be in
force on October 15, 1989; and the City Clerk of the City of
Poway is hereby authorized to use summary publication procedures
pursuant to Government Code Section 36933 utilizing the
Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 27th day of June, 1989, and
thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the 13th day of July, 1989, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
EMERY, GOLDSMITH, KRUSE
NONE
HIGGIN SO~
Carl R. Kruse, Mayor
Marjo Wahlsten, City Clerk