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HomeMy WebLinkAbout71.22 ORDINANCE NO. 71.22 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 6-10 OF THE CITY CODE RELATING TO ALARM SYSTEMS The City Couneil of the City of Saratoga hereby ordains as follows: SECTION h Article 6-10 of the City Code is amended in its entirety to read as follows: "ARTICLE 6-10 ALARM SYSTEMS Sections: 6-10.010 Purposes of Article 6-10.020 Definitions 6-10.030 Exemptions 6-10.040 Permit required; existing alarm systems 6-10.050 Application for permit; issuance 6-10.060 Outside audible alarm requirements 6-10.070 Automatic telephone connections prohibited 6-10.080 Investigation of false alarms 6-10.090 Corrective action 6-10.100 Revocation of permit 6-10.110 Appeal procedure 6-10,120 Violations of Article *** S6-10.010 Purposes of Article This Article is enacted to establish regulations for alarm systems utilized in the City, to require that a permit be obtained for the installation and maintenance thereof. and to impose fines and penalties upon persons responsible for false alarms and other violations of this Article. S6-10.020 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Alarm business means the selling, leasing, installing, servicing, maintaining, monitoring or responding to or cansing others to respond to an alarm system in or on any building, structure or facility. The term does not include the -1- activities of any public agency or person acting as the employee or representative thereof. (b) Alarm owner means the person actually responsible for the operation and maintenance of the premises in which any alarm system is installed or located. Alarm owner includes but is not limited to lessees, occupants~ tenants, or other agents of the legal owner of said premises~ provided that such agents had actual control of and responsibility for the operation of the premises. (c) Alarm ~ystem means any mechanical or electrical device which is designed or used for the detection of fire or intrusion into a building, structure or facility, and which emits a sound or transmits a signal or message when activated. Alarm systems include~ but are not limited to, direct-dial telephone devices~ audible alarms, and proprietor alarms. Devices which are not designed or used to evoke a police or fire response or used to register alarms that are intended to be audible, visible or perceptible from outside of the protected building~ structure or facility are not included within this definition, nor are auxiliary devices installed to protect the telephone systems from damage or disruption by the use of an alarm system. (d) False Alarm means the activation of an alarm system through mechanical failure, accident, misoperation, malfuncton, misuse, or the negligence of either the owner or lessee of the alarm system or any of their employees or agents. False alarms shall not include alarms caused by acts of God or other causes which are beyond control of the owner or lessee of the alarm system. It shall be the responsibility of the owner or lessee of the system to show that the cause was beyond their control. (e) Outside au~b|e Alarm means an alarm system which, when activated~ generates sound perceptible from the exterior of the building, structure or facility in which the alarm system is located. (f) Proprietor alarm means an alarm system which is not regularly serviced or monitored by an alarm business. 5rrl 0.030 Exemptions The following alarm systems shall be exempted from the provisions of this Article: (a) Alarm systems affixed to motor vehicles. (b) Alarm systems or devices installed or used by any public agency or public utility. (c) Early warning fire alarm systems installed pursuant to Article 16-60 in Chapter 16 of this Code. S6-10.040 Permit required; existing alarm systems (a) No person shall install or use an alarm system in or on any building~ structure or facility in the City without first obtaining a permit to do so pursuant to this Article. (b) Any person owning or using an alarm system installed prior to the effective date of this Article for which a permit is required hereunder, shall apply for such permit within six months after the effective date of this Article. $rrl 0.050 Application for permit; issuance (a) Application for an alarm permit shall be made to the Community Services Director on such form as he may prescribe, which shall include the following information: (1) Name and address of the alarm owner. (2) Street address and general description of the building~ structure or facility in which the alarm system will be installed. (3) Nature and description of the alarm system, including features such as direct-dialing and outside audible alarm. (4) Name, address and telephone number of an alarm business or person who can render service to the alarm system within one hour after being called at any time of the day or night. (5) Whether any alarm permit has previously been issued to the same applicant or for the same alarm system and revoked by the City. If so, the applicant shall fully describe the grounds for revocation and the corrective action which has or will be taken to avoid a repetition thereof. (b) Upon receipt of a completed application, the Community Services Director shall issue an alarm permit to the applicant; provided, however, if the application discloses that a permit previously issued to the same applicant or for the same alarm system has been revoked, a new permit shall not be issued unless the applicant demonstrates to the satisfaction of the Community Services Director that the prior grounds for revocation will not reoccur. No fee shall be charged for issuance of the alarm permit. ~6-10.060 Outside audible alarm requirements Every person maintaining an outside audible alarm shall post a notice containing the name and telephone numbers of the persons to be notified in order to render repairs and service or secure the premises during any hour of the day or night in the event that the alarm is activated. The notice shall be posted in such a position as to be clearly visible from the ground level adjacent to the building, structure or facility where the alarm system is located. It shall be unlawful to install or use an outside audible alarm which upon activation emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes. All noisemaking devices or pulsating lights shall have a timing mechanism that will silence or turn off such devices or lights within fifteen minutes following initial activation. S6-10.070 Automatic telephone connections prohibited It shall be unlawful for any person to use, cause to be used~ or engage in the business of .providing any alarm system equipped with a direct-dial which, when activated, automatically dials "911" or any telephone number of the County communications center, County Sheriff's Office= or any fire district. -3- ~6-10.080 Investigation of false Rl.rms A representative of the police or fire department responding to each emergency alarm shall attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a false alarm. In the event his investigation indicates that the alarm was a false alarm, the investigator shall prepare a report of his investigation stating his conclusions and the factual basis for such conclusions, and shall forward such report to the Community Services Director. The investigator shall also serve a copy of his report on the alarm owner or occupant of the premises on or in which the false alarm occurred by delivering the same to and leaving it with some person of suitable age and discretion upon the premises or by mailing a copy of the report to such alarm owner or occupant. $6-10.090 Corrective action Upon receipt by the Community Services Director of a false alarm report referred to in Section 6-10.080, the Director shall send a written request to the alarm owner to submit, within ten days from the date of the request, a statement describing actions taken by the alarm owner to eliminate the cause of the false alarm. ~6-10.100 Revocation of permit (a) An alarm permit issued pursuant to this Article may be revoked on any one of the following grounds: (1) The occurrence of three false alarms within any twelve month period. (2) The failure by a permittee to furnish a statement of corrective action to the Community Services Director, as required in Section 6-10.090,. or to take the corrective action described in such statement. (3) A violation by the permittee of any regulation set forth in this Article. (4) The failure by a permittee to pay any fine prescribed in Section 6- 10.120. (b) The Community Services Director shall give written notice to the permittee of the City's intention to revoke the alarm permit and the grounds for such revocation. The notice shall advise the permittee that the alarm permit will be revoked after the expiration of fifteen days, unless prior to that time the permittee shows good cause as to why such action should not be taken. If, in response to the notice and within the time specified therein, or such longer period of time as may be allowed by the Community Services Director, the permittee demonstrates to the satisfaction of the Community Services Director that all grounds for revocation stated in the notice have been remedied, said Director may terminate the revocation proceedings. If the permit is revoked, the alarm system shall not be utilized by the alarm owner or any other person unless and until a new permit has been issued pursuant to this Article. -4- S6-l 0.110 Appeal procedure .~my decision or determination by the Community Services Director with respect to the issuance, denial or revocation of an alarm permit may be appealed to the City Manager by filing a notice of appeal in the office of the City Clerk within ten days after the date of such decision or determination. The City Manager shah conduct a hearing on the matter, consider all relevant evidence, and may affirm, reverse or modify the decision or determination by the Community Services Director. The decision of the City Manager shall be final. S6-10.120 Violations of Article The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance. In addition to the revocation of an alarm permit pursuant to Section 6-10.100 and any other legal remedies available to the City under the provisions of this Code, a violation of this Article shall be subject to the following penalties based upon the type of infraction: (a) Installing or using an alarm system without a permit (~6-10.040): $100.00. Such penalty shah be waived if the alarm owner applies for a permit within five days after written or oral notification by the City that a permit is required and such alarm owner was not the holder of a previously issued permit which has been revoked. (b) Installing or using an outside audible alarm which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for disaster warning purposes (S6-10.060): $250.00. (c) Installing or using an outside audible alarm without a fifteen minute automatic reset (96-10.060): $100.00. (d) Installing or using a prohibited direct-dial alarm system (S6-10.070): $250.00. (e) Failure to take corrective action (~6-10.090): First offense - $50.00; second offense - $100.00; third and subsequent offenses - $200.00. (f) Maintaining, using or possessing an alarm system which has caused any false alarm to be transmitted to the County communications center, the County Sheriff's Office or any fire district by communication from an alarm business or a person responding to the false alarm: (1) For the third false alarm within any twelve month period: $50.00. (2) For the fourth false alarm within any twelve month period: $100.00. (3) For the fifth and each subsequent false alarm within any twelve month period: $200.00." SECTION 2: This Ordinance shah not abrogate or otherwise affect the liability of any person for payment of a false alarm service charge which has been assessed -5- against such person in accordance with the provisions of Article 6-10 of the City Code in effect prior to the enactment of this Ordinance. b~ECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall net affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 4th day of March, 1987, by the following vote: AYES: Councilmembers Anderson~ Peterson, Mayor Hlava NOES: Councilmembers Clevenger= Moyles ABSENT: ABSTAIN: AYOR ATTEST: ,~ ~ ~,,,, The above and foregoing is a true and correct CITY CLERK copy of Ordinance ~z- which has been Published according.?to,law.::,., ,. -6-