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HomeMy WebLinkAboutOrd 221 ORDINANCE NO. 221 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY CALIFORNIA, ADDING CHAPTER 8.28 TO THE CATHEDRAL CITY MUNICIPAL CODE, TO ESTABLISH REQUIREMENTS RELATING TO SECURITY ALARM , SYSTEMS, REGULATING AND ESTABLISHING STANDARDS 1: FOR SUCH SYSTEMS, PROVIDING FOR REIMBURSEMENT TO CITY FOR COSTS OF EXCESSIVE FALSE ALARMS, PROHIBITING CERTAIN AUTOMATIC CALLING DEVICES, AND PROVIDING FOR THE PUNISHMENT OF VIOLATIONS HEREOF The City Council of the City of Cathedral City does ordain as follows: SECTION 1. Chapter 8.28 is added to the Cathedral City Municipal Code, to read as follows: Chapter 8 . 28 SECURITY ALARM SYSTEMS Sections: 8 .28. 010 Definitions 8.28.020 Exemptions - Special Alarm Systems 8.28 .030 Administration, Regulations and Standards 8.28 . 040 Intrusion Alarms - Turnoff/Requirements 8.28 . 050 False Alarms 8.28. 060 Reimbursement to City for Excessive False Alarm Costs 8.28. 070 Instruction as to Operation of Systems 8.28. 080 Alarm Systems Terminating at Police Department 8.28. 090 Automatic Calling Devices 8.28. 100 Appeals 8.28. 110 Violations 8 .28. 010 Definitions. For the purpose of this chapter, certain words and phrases used herein are defined as follows: A. "Alarm Agent" means any person who is self-employed or employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, installing or monitoring any alarm system in or on any building, I: place, or premises. B. "Alarm business" means any person, firm or corporation engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring of any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, place or premises. C. "Alarm system" means any device designed for the detection of an unauthorized entry into or on premises or for alerting others of the commission of an unlawful act, or both, and which when actuated emits a sound, causes a light or lights - 1 - to come on or to flash, or transmits a signal or message to alert others to such unauthorized entry or intrusion. D. "Alarm user" means a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system, or who owns, uses, or maintains a proprietor alarm. E. "Audible alarm" means a device designed for the detection of an unauthorized entry on a premises and which, when actuated, generates a sound audible at and outside the premises. I: F. "False alarm" means an alarm signal which causes response by the Police Department where an emergency situation does not exist. Response means arrival at the location of the alarm. "False alarm" does not include an alarm signal activated by earthquake, flood, extraordinary weather conditions or other acts of God. G. "Proprietor alarm" means an alarm which is not serviced by an alarm business. H. "Silent alarm" means that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light at a predesignated place other than the location where the alarm has been installed. 8.28. 020 Exemptions - Special Alarm Systems. The provisions of this chapter shall not be applicable to: A. Audible alarms affixed to automobiles; B. Fire or smoke sensor alarm systems or detectors when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems; C. Emergency medical crisis alarms when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems. 8.28. 030 Administration, Regulations and Standards. The provisions of this chapter shall be administered and enforced by the Chief of Police. He and his designees are authorized to make inspections of alarm systems and of the premises whereon or wherein such systems are located. He and his designees shall have the power to enforce such rules and regulations and standards as may be applicable pursuant to this chapter or other ordinance or law. 8.28. 040 Intrusion Alarms - Turnoff/Requirements. A. No alarm agency or alarm business shall install and no alarm user shall possess or maintain an audible alarm which does not contain a means to effect an automatic turnoff of the alarm within ten minutes after it is first activated. Each user of an alarm which I: is not serviced on a twenty-four hour basis by an alarm business, shall notify the police department of 1. The name and the telephone number at which the person in charge of the premises may be reached at any time of the day or night and; 2 . The name and telephone number of an alternate responsible person who may be reached to turn off the alarm at all other times that the person listed in subsection (1) is absent or otherwise unavailable. B. The alarm business or the above listed person, as appropriate, shall deactivate any alarm within 30 minutes of - 2 - notification that such alarm has been activated or is ringing. C. The ringing of any alarm for a period in excess of 30 minutes after such notification or reasonable efforts of notification have been made is declared to be a public nuisance. 8.28. 050 False Alarms. A. No person shall maintain, use or possess an operative alarm system, proprietor alarm, or audible alarm in such a way that it signals or sounds an excessive number of false alarms. B. For purposes of this section, excessive false alarms means any false alarm in excess of the following numbers: 1. two, within any thirty day period, or; 2 . three, within any ninety day period. C. The Chief of Police may require from the appropriate person using, servicing, possessing or maintaining a faulty alarm system, proprietor alarm, or audible alarm, a report in writing (within such reasonable period as is specified by the Chief of Police) describing the corrective action which has and will be taken to assure that violation of this section will not recur. 8.28. 060 Reimbursement of City for False Alarm Costs. A. Whenever the police department has responded to a false alarm which is excessive as defined in Section 8. 28. 050 (B) the City shall be reimbursed by the alarm user in accordance with the following schedule: 1. First excessive false alarm $25. 00 2 . Second excessive false alarm $50. 00 3. Third excessive false alarm $100.00 Whenever any reimbursement due to the City pursuant to this section remains unpaid thirty days after demand therefore, the Chief of Police shall notify in writing the occupant, or if there is no occupant, the owner of record, of the premises where the alarm is installed and the servicing alarm company, if any, that the police department will not respond to any further alarms originating from said premises. Said notice shall be effective ten days after service. B. Whenever the police department has responded to more than three excessive false alarms from any alarm or alarm system, the Chief of Police shall notify in writing, the occupant or if there is no occupant, the owner of record of the premises where the alarm is installed and the servicing alarm company, if any, that the police department will not respond to any further alarms originating from said premises. Said notice shall be effective ten days after service. 8.28. 070. Instruction as to Operation of Systems. It shall be the responsibility of the alarm business and no such person shall fail, refuse or neglect, to instruct the alarm user in the use and operation of such device or alarm, whether silent or audible, including specifically all necessary instruction in turning off said alarm, and that intentionally activating an alarm in the absence of an emergency is a criminal offense under Section 148. 3 of the California Penal Code. 8.28. 080. Alarm Systems Terminating at Police Department. No alarm system shall be installed which, when activated, causes - 3 - an alarm or signal to be sent directly to the police department or any facility thereof, unless and until written permission therefore is received from the Chief of Police. 8.28 . 090. Automatic Calling Devices. No person other than an authorized agent of the police department shall use, maintain, operate, or attempt to use or operate, or cause to be used or operated any alarm system or other device or combination of devices that is arranged, adjusted or programmed so that it will upon activation, either mechanically, electronically or by other automatic means, initiate, call and deliver a recorded message to any telephone number assigned to the city or its police department or to any radio frequency used thereby. 8.28.100. Appeals. Any person aggrieved by any administrative action of the Chief of Police or his designee is administering the provisions of the chapter may appeal to the City Manger, and if aggrieved by the City Manager's decision, may appeal to the City Council pursuant to the provisions of Chapter 2 . 04 of this code. 8.28. 110. Violations. Any failure to perform a duty imposed herein, or any violation of the terms of this chapter shall be punishable under the provisions of Section 1. 01.200 of this code as a misdemeanor or infraction. SECTION 2 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3 . POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on S epternber 21 , 1988, by the following vote: Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and Mayor Hardie Noes: None 1: Absent: None - 4 - '1 1 r MAYOR ATTEST: /4e/ CI ERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: daoe ,■ /St".7// CITY ATTORNEY Nr 17VGER - 5 -