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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