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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OF CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: Section 1: Chapter 8.36, entitled "Alarm Systems Monitoring Fee" is hereby repealed in its entirety.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) 2 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: 2 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. 3 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. 4 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; 5 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. 6 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: