HomeMy Public PortalAboutOrdinance 8953/13/06
ORDINANCE NO. 895
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 8.36
TO THE BEAUMONT MUNICIPAL CODE ENTITLED "ALARM SYSTEMS"
THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY,
STATE OF CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
Section 1: Chapter 8.36, entitled "Alarm Systems Monitoring Fee" is hereby repealed in
its entirety.
Section 2: New Chapter 8.36, entitled "Alarm Systems" is hereby added to the
Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is
attached hereto and made a part hereof.
Section 3: This Ordinance shall take effect 30 days after the second reading.
MOVED AND PASSED upon first reading this 16th day of May , 2006 by
the following roll call vote:
AYES: Mayor Pro Tem DeForge, Council Members Berg, Dressel, and Killough.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Fox.
MOVED, PASSED AND ADOPTED upon second reading this 20th day of
June , 2006.
CERTIFICATION
I, Shelby Hanvey (Deputy) City Clerk of the City of Beaumont, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the City Council held on
May 16 , 2006, and was duly adopted upon second reading on June 20
2006, upon the following roll call vote:
AYES: Mayor Fox, Council Members Berg, DeForge, Dressel
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Killough.
CITY OF BEAUMONT
By
(SEAL)
City Clerk (
puty)
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3/17/06
CHAPTER 8.36
ALARM SYSTEMS
Sections:
Section 8.36.010 Purpose.
Section 8.36.020 Definitions.
Section 8.36.030 Prohibition.
Section 8.36.040 Exceptions.
Section 8.36.050 Alarm User License.
Section 8.36.060 Alarm User License: Application.
Section 8.36.070 Alarm User License: Renewal and Annual Fee.
Section 8.36.080 Notice to Police Department.
Section 8.36.090 Responsibilities of Alarm User.
Section 8.36.100 "No Response List"; Reinstatement;
No City Liability.
Section 8.36.110 Regulation of Audible Alarms.
Section 8.36.120 Testing, Service and Repairs of Alarm System.
Section 8.36.130 Automatic Dialing Devices.
Section 8.36.140 Penalty for Violation.
Section 8.36.150 Compliance By Existing Alarm Users.
Section 8.36.010 Purpose.
The purpose of this Chapter is to protect public health, safety and welfare by regulating
alarm systems in order to reduce false alarms and the public service costs incurred in responding
to such alarms. Many alarm systems currently in use mechanically malfunction or are not
operated properly by their users, causing an increase in false alarm responses, thereby
constituting a hazard and wasted time for peace officers, communications personnel and the
public in general.
Section 8.36.020 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the
meanings respectively ascribed to them in this Section:
A. "Alarm or Alarm System" - means any device which is used to warn of an
unauthorized entry into buildings or onto premises, of an emergency, or the commission of an
unlawful act.
B. "Alarm User" - means any person who owns, leases or rents, or any on-site agent
or representative thereof, any monitored or unmonitored alarm system, device or service.
C. "Automatic Dialing Device" - means a device which is connected to a telephone
line, cellular telephone service or radio link and maintains an open line to emergency services or
is programmed to select a predetermined telephone number and transmit an emergency message
either by voice or coded signals indicating a need for emergency response.
D. "Business" - means any premises used for non-residential or governmental
purposes.
E. "False Alarm" - means any activation of an alarm eliciting a response by police
personnel when a situation requiring a response does not in fact exist. It does not include
activation for testing purposes if the Police Department has been given advance notice of such
testing. It also does not include activation by police personnel. If an alarm is canceled prior to
the dispatch of police personnel the activation shall not be considered a false alarm.
F. "Person" - means any individual, firm, partnership, corporation or other entity,
including governmental entities.
G. "Residential" - means premises used as dwelling units, which include apartments
and lodging houses.
Section 8.36.030 Prohibition.
A. No person shall use, maintain or possess an alarm system on premises within the
City of Beaumont unless that person has obtained an alarm user's license from the City Manager
(or his/her designee).
B. It shall be unlawful for any person to intentionally activate any alarm or alarm
system or cause signals to be transmitted to a monitoring agency indicating the activation of an
alarm system for any reason other than to warn of an actual emergency or to test an alarm or
alarm system provided that the Police Department has been notified before the test.
C. It shall be unlawful for an alarm user to refuse or fail to respond to the scene of
his/her activated alarm when requested to do so by any Police Officer or Police Dispatcher.
Section 8.36.040 Exceptions.
This Chapter shall not apply to:
A. A smoke or heat detector in a single-family residential unit not connected to a
central monitoring system.
B. An alarm system affixed to a motor vehicle not connected to a central monitoring
system.
Section 8.36.050 Alarm User License.
A. All alarm users shall, within ten (10) days of completing the installation of a new
alarm system, or within ten (10) days of placing an existing alarm system in service, obtain an
alarm user's license from the City Manager (or designee). If an alarm user fails to obtain a
license such user shall be cited under Section 8.36.140 for each false alarm until such time as the
permit is obtained.
B. If an alarm user operates an alarm system after having his/her license placed on
the "no response" list pursuant to Section 8.36.100, such user shall be cited under Section
8.36.140 for each false alarm.
Section 8.36.060 Alarm User License: Application.
A. Application for an alarm license or renewal must be made by the alarm user to the
City Code Enforcement Department upon forms prepared and approved by the Department. The
applicant shall provide the following minimum information:
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1. Name, address and telephone numbers (land line and cell phone) of the
primary alarm user.
2. Location of the alarm system, types of activations reported by the system
and which of these are audible and which are silent.
3. Name of the alarm business installing, servicing, inspecting, maintaining
and/or monitoring the alarm system and a 24-hour telephone number of the monitoring
station.
4. Date of installation of the alarm system.
5. Certification that the primary alarm user and all others authorized to
operate the system have been properly trained in the use of the system by an alarm
business, the subscriber or by the owner of the alarm system.
6. a. For residential installations, the name of one (1) responsible party,
in addition to the alarm user, who can be notified to assist police personnel in the
event of an activation and who can control the system at any time of the day or
night.
b. For non-residential installations, the name of three (3) responsible
party(s), in addition to the alarm user, who can be notified to assist police
personnel in the event of an activation and who can control the system at any time
of the day or night.
B. The applicant shall, at the time of application, pay the fee established by
resolution of the City Council. Fees for initial license application or renewal shall not be
refundable, transferable or prorated. The application shall be signed and verified by the owner or
lessee (or their agent or on-site representative) of the alarm system for which the license is
requested. The application may contain any other such information as may be required by Code
Enforcement.
C. Whenever any change occurs relating to the information required for a license the
user shall give written notice of such change to the Code Enforcement Department within five
(5) business days of said change.
D. The City Council, may, by resolution, exempt classes of residents, from the
payment of applicable fees. Exemptions from fees shall not preclude the City from requiring
alarm users obtain a permit from the Code Enforcement Department.
E. Subject to the disclosure requirements of the California Public Records Act,
information furnished pursuant to this Chapter shall be kept confidential.
Section 8.36.070 Alarm User License: Renewal and Annual Fee.
A. Licenses shall be valid for a period of one (1) year and shall be renewed annually
for a fee established by resolution of the City Council.
B. Each alarm user shall be notified of the need to renew the license approximately
thirty (30) days prior to the expiration of the license. It shall be the responsibility of the alarm
user to submit an application to renew prior to the expiration date. Failure to renew shall be
classified as use of an unpermitted alarm system and the user shall be cited under Section
8.36.180 for each false alarm until a license is obtained.
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Section 8.36.080 Notice to Police Department.
The Code Enforcement Department shall promptly notify the Police Department of any
new, renewed and revised alarm license.
Section.L36.090 Responsibilities of Alarm User.
The following are the duties and responsibilities of all alarm users, alarm owners or
primary users operating alarm systems in the City of Beaumont:
A. To not manually activate an alarm except when an immediate emergency
response is needed.
B. To inactivate or cause to be inactivated an audible alarm within fifteen (15)
minutes of activation.
C. To be familiar with all alarm system operating instructions, including those for
verification of an alarm.
D. To train or cause to be trained any and all persons who might have reason and
authority to control the alarm system, in the proper operation of the system.
E. To inform persons who are authorized to operate the alarm system of the
provisions of this Ordinance, emphasizing the importance of avoiding false alarms.
F. To notify the alarm system monitoring company of a false alarm activation as
soon as the user is aware of the false alarm.
G. To notify the City Manager (or designee) when the alarm is deactivated or the
applicant has moved from the location of the alarm system and is no longer responsible for its
operation.
H. To maintain or to cause to be maintained the alarm system in good working order
and to take measures to prevent the occurrence or reoccurrence of false alarms.
I. To inspect or to cause to be inspected the alarm system at least once each twelve
(12) months.
J. To document the condition of the alarm system and the remedial actions taken to
prevent false alarms.
Section 8.36.100 No Response List; Reinstatement; No City Liability.
A. An alarm and alarm user shall be placed on a "No Response" list after police
responses to six (6) false alarms within twelve (12) consecutive months. While on the "No
Response" list, a police response will only be made when there is other independent information
that an emergency has or is occurring.
B. The alarm and alarm user shall not be removed from the "No Response" list until
the alarm user provides written evidence that the alarm has been serviced by an authorized alarm
company which certifies that the alarm is properly functioning.
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C. Neither the City of Beaumont nor its employees shall be liable for any failure to
respond to an alarm that has been placed on the "No Response" list.
Section 8.36.110 Regulation of Audible Alarms.
A. Audible alarms shall be equipped with an automatic reset mechanism capable of
terminating the audible sound within fifteen (15) minutes after activation;
B. If an alarm system continues to emit an audible sound in excess of fifteen (15)
minutes, after reasonable efforts to contact the alarm user or the alarm business that monitors
such alarm system, the Chief of Police, or his/her designee, may cause such alarm system to be
disconnected. The alarm user shall pay the cost of such disconnection.
Section 8.36.120 Testing, Service and Repairs of Alarm System.
A. The alarm user shall notify the Beaumont Police Department Dispatch Center
before any service, test, repair, maintenance, alteration or installation of an alarm system that
may cause a false alarm. Any alarm activated shall not constitute a false alarm if prior notice has
been given. Each activation in violation of this section is subject to citation pursuant to Section
8.36.140.
B. When any false alarm has occurred the alarm user shall have the alarm system
promptly repaired or disconnected to prevent false alarms. The audible function of the alarm
system shall be disconnected while repairs are being made.
Section 8.36.130 Automatic Dialing Devices.
A. No person or business shall use or cause to be used any automatic dialing device
that:
1. Automatically selects a public safety or emergency services telephone line of the
City and then reproduces any prerecorded message or signal or otherwise maintains an
open line without direct person-to-person communication.
2. Prevents termination of a call by police dispatch personnel.
3. Transmits directly to any public safety or emergency services facility.
B. Within thirty (30) days after the effective date of this ordinance all existing
automatic -dialing devices described herein shall be disconnected.
Section 8.36.140 Penalty for Violation.
A. Any person violating any provision of this Chapter shall be deemed guilty of an
infraction or misdemeanor as hereinafter specified.
B. Any individual convicted of a violation of this Chapter shall be:
1. Guilty of an infraction offense and punished by a fine not exceeding One
Hundred Dollars ($100.00) for the first violation;
2. Guilty of an infraction offense and punished by a fine not exceeding Two
Hundred Dollars ($200.00) for the second violation of the same offense and perpetrated
by the same alarm user;
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3. The third and any additional violations of the same provision within
twelve (12) consecutive months shall be punishable by a fine not exceeding One
Thousand Dollars ($1,000.00) or six (6) months in jail, or both.
C. Notwithstanding the foregoing, a first offense may be charged and prosecuted as
a misdemeanor.
Section 8.36.150 Compliance With This Chapter by Existing Alarm Users.
A. The provisions of this Chapter shall apply to any and all alarm users including,
without limitation, any person using an alarm installed before the effective date of this Chapter.
All alarm users of alarm systems installed before the effective date of this Chapter shall apply
for, and obtain, an alarm user license in accordance with the provisions of this Chapter within
ninety (90) days of its effective date.
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City of Beaumont
Residential and Commercial Alarm System Application
Pursuant to Beaumont Municipal Code Chapter 8.36 Sections 8.36.010 to 8.36.150 The City of Beaumont is requiring an
Alarm Users License from the Planning Director. The purpose of this ordinance is to protect public health, safety and
welfare by regulating alarm systems in order to reduce false alarms and the public service costs incurred in responding to
such alarms.
Alarm User Name:
Address:
Primary Alarm User Information
Last
First M.I.
Street Apt# City State
Home Phone: ( ) Cell: ( )
Address (if different than above):
Location of Alarm
Street Apt# City State
Location of Alarm in Residence:
Types of Activations Reports by System:
Audible Silent
Intrusion 0 ❑ If Other please describe:
Fire 0 0
Medical Emergency 0 0
Panic (if applicable) 0 0
Other: 0 0
Name Alarm Company:
Address:
Address City State
Phone Number for 24 -Hour Monitoring: ( )
Date of Installation:
Secondary Contact Information
In the event that the primary contact cannot be reached at least one (1) secondary contact is required to be listed as an
authorized user of the alarm.
Name:
Last First M.I.
Relation to Primary Contact:
Contact Phone Number: ( ) Cell: ( )
Additional Contacts (required only for Businesses)
Name:
Last First M.I.
Relation to Primary Contact:
Contact Phone Number: ( ) Cell: ( )
Name:
Last First M.I.
Relation to Primary Contact:
Contact Phone Number: ( ) Cell: ( )
I certify that the above contacts and I are authorized to operate the system and have been properly
trained in the use of the system by an alarm business, the subscriber or by the owner of the alarm system.
Signature: Date:
Terms and Conditions
Licenses shall be valid for a period of one (1) year and shall be renewed annually. Each alarm user shall be notified of the
need to renew the license annually thirty (30) days prior to the expiration of the license. It shall be the responsibility of the
alarm user to submit an application to renew prior to the expiration date. Failure to renew shall be classified as use of an
unpermitted alarm system and the user shall be cited under Section 8.36.180 for each false alarm until the license is
obtained.
An alarm and alarm user shall be placed on a "No Response" list after police responses to six (6) false alarms within
twelve (12) consecutive months. While on the "No Response" list, a police response will only be made when there is other
independent information that an emergency has or is occurring.
Responsibilities of the Alarm User:
o To not manually activate an alarm except when an immediate emergency response is needed.
o To inactivate or cause to be inactivated an audible alarm within fifteen (15) minutes of activation.
• Audible alarms shall be equipped with an automatic reset mechanism capable of terminating the audible sound
within fifteen (15) minutes after activation.
• If the alarm continues to emit an audible sound in excess of fifteen (15) minutes, after reasonable efforts to contact
the alarm user that monitors such alarm, the Chief of Police, or his/her designee, may cause such alarm to be
disconnected. The alarm user shall pay the cost of such disconnection.
o To be familiar with the alarm system operating instructions, including those for verification of an alarm.
o To train or cause to be trained any and all persons who might have reason and authority to control the alarm
system, in the proper operation of the system.
o To inform persons who are authorized to operate the alarm system of the provisions of this Ordinance,
emphasizing the importance of avoiding false alarms.
o To notify the alarm system -monitoring company of a false alarm activation as soon as the user is aware of the
false alarm.
o To notify the Planning Director when the alarm is deactivated or the applicant has moved from the location of the
alarm and is no longer responsible for its operation.
o To maintain or cause to be maintained the alarm system in good working order and to take measures to prevent
the occurrence or reoccurrence of false alarms
o To inspect or cause to be inspected the alarm system at least once each twelve (12) months.
• The alarm user shall notify the Beaumont Police Department Dispatch Center before any service, test, repair,
maintenance, alteration or installation of the alarm system that may cause a false alarm.
o To document the condition of the alarm system and the remedial actions taken to prevent false alarms.
Penalty for Violation
Any person violating any provision of the chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter
specified:
o Guilty of an infraction offense and punished by a fine not exceeding One Hundred Dollars ($100.00) for the first
violation;
o Guilty of an infraction offense and punished by a fme not exceeding Two Hundred Dollars ($200.00) for the
second violation;
o The third and any additional violations of the same provision within twelve (12) consecutive months shall be
punishable by a fme not exceeding One Thousand Dollars ($1,000.00) or six (6) months in jail or both.
Alarm License Fee Schedule:
TYPE OF ALARM ANNUAL FEE
Residential Intrusion Alarm .$60.00
Residential Robbery/Other Emergency Alarm License $100.00
Business Intrusion Alarm $60.00
Business Robbery/Other Emergency Alarm $100.00
I certify that I have read this application and state that the information given is correct. I agree to comply
with the statutes related to Ordinance 8.36 of the Beaumont Municipal Code.
Signature: Date: