HomeMy WebLinkAbout1985-04-02; City Council; 1278; CMC 8.50 adds - Alarm systems (+CMC 1.08 amend - Violation penalties)1
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ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.50
REQUIRING REGISTRATION OF ALARM AGENTS, ISSUING ALARM
PERMITS, ESTABLISHING STANDARDS AND REGULATIONS FOR
SECURITY AND EMERGENCY ALARM SYSTEMS NOT INCLUDING
FIRE ALARM SYSTEMS, EQUIPMENT OR DEVICES AND
ESTABLISHING CRIMINAL PENALTIES FOR VIOLATION OF
THE ALARM SYSTEMS ORDINANCE, AND BY THE AMENDMENT OF
TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE
RELATING .TO-PE~A~TI~S-~,OR-VIOLA~,~0N~0F-eHBPTER-8~5~.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 8 of the Carlsbad Municipal Code
is amended by the addition of Chapter 8.50 to read as follows:
CHAPTER 8.50
ALARM SYSTEMS
SEeTI.gw:
8.50.005
8.50.010
8.50.020
8.50.030
8.50.035 8.50.040
8.50.050
8.50.055
8.50.060 8.50.070
8.50.080 8.50.090
8.50.100
8.50.1 10
8.50.120 8.50.130
8.50.140
8.50.150 8.50.160
8.50.170
Authority
Definitions
Registration of alarm agents
Alarm permits
Owner or lessee responsibilities
Direct dial telephone devices
Suspension of alarm permits
Appeals to chief of police
Appeals to City Council
Unauthorized alarm
Right to discontinue response
Alarm system standards and regulations
Automatic shut off requirements
Delay device requirements
Power supply requirements
Alarm testing
Prohibit ions
Limitation on liability
Criminal penalties
Sev erab i 1 i ty of pr ov i sions
8;50;005, -Authorfty. This chapter is adopted pursuant
to Business and Professions Code Section 7592.8.
8:50;010- -Definit.ions. For the purpose of this chapter,
the following w'ords and phrases shall be construed as set forth
in this section unless it is apparent from the context that a
different meaning is intended.
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(1) "Alarm Agent" means any person employed by an alarm
business whose duties include selling, altering, installing,
maintaining, moving, repairing, replacing, servicing, monitoring,
responding to, or causing others to respond to an alarm system,
in or on any building, structure, or facility or the supervisor
or manager of a person employed by an alarm business to perform
any of those duties. This definition shall not apply to any
person employed by the City of Carlsbad Police Department or Fire
Department while the person is acting within the course and scope
of his employment.
(2) "Alarm Business" means the business carried on by
an individual, partnership, corporation, or other entity of leasing, selling, maintaining, servicing, repairing, altering, replacing, moving, monitoring, responding to or causing the
response to, 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. Alarm business does not include any business
excluded from Business and Professions Code Section 7590.2.
(3) "Alarm System" means any electrical or mechanical
device which is designed or used for the detection of any
emergency condition, except fire, at a building, structure, or
facility, when such detection causes a local audible signal or
transmission of a signal or message, or which is used to evoke a
police or medical emergency response. Fire alarm systems are
specifically excluded from this definition. Devices which are
not used or designed to be audible, visible, or perceptible
outside of the protected building, structure, or facility, and
auxiliary devices installed by a telephone company to protect a telephone system from damage or disruption are not included in this definition.
(4) "Audible Alarm" means the sound generated by a device for the detection of an emergency condition at a building,
structure, or facility.
(5) rcCity" means the City of Carlsbad.
(6) IrQay" means one calendar day.
(7) "Emergency Condition" means any condition which may
exist requiring immediate police or fire department response to
safeguard lives and/or property.
(8) "False Alarm" means the activation of an alarm
system 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, including mechanical
failure or malfunction caused by negligent maintenance of the
system. False alarm shall not include alarms caused by
malfunction of telephone line circuits or external causes beyond
the control of the owner or lessee of the system.
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(9) "Fire Alarm System" means any system, equipment, or
device designed or used to warn occupants or notify other persons of a fire condition in or on any building, structure, or
facility. Fire alarms are exempt from this chapter.
(IO) "Lesseer1 means any person who leases an alarm
system or subscriber service for the purpose of detecting an emergency condition at any building, structure or facility.
( 11) "Person" means any person, firm, corporation,
association, partnership, individual, organization or company.
(12) "Silent Alarm" means any alarm system activation
that cannot be detected at the building, structure, or facility
of activation.
(13) "Smoke Detector" means a device which senses
visible or invisible particles of combustion and is designed to
emit upon activation an audible sound sufficient only to provide warning to the occupants of the building, structure or facility in which such device is situated. This chapter shall not apply
to smoke detectors.
(14) For the purpose of this chapter, whenever the
singular or masculine is used, the term shall be deemed to
include the plural, feminine, or body corporate as necessary.
8;50;LQ?0 ,Registratfon-,o-f -alarmlagents. No person
shall be employed or operate as an alarm agent or an alarm
business without first registering his name and a copy of his
state issued identification card with the Chief of Police.
Every alarm agent while so engaged shall carry on his person the
state issued identification card and shall display such card to
any police officer upon demand.
8;50;030 -A$arm,-pe.rmTts. No person shall install,
maintain, lease, service , repair, alter, replace, move, use any security or emergency alarm system without first obtaining a City Alarm Permit. A twenty five dollar fee and an application approved by the Chief of Police shall be required for such permit. 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. The alarm permit shall be required for
each building, structure, or facility that uses an alarm system
that could evoke an emergency response. Alarm permits are
issued indefinately 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 alarm location. Alarm permits shall be required for existing systems
within six months from the date of adoption of this ordinance.
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8.50.035 Owner or les-se,e re,s,ponsfb,ilitfes. The owner
or lessee o'f an alarm system or systems shall provide the Chief of Police with his current mailing address and'the names, addresses and phone numbers of two persons to contact 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 Chief of Police within two days of the change. The person or persons
listed shall be required to be present at the alarm location
within twenty minutes after being advised that the Carlsbad
Police Department has received any signal or message of alarm
activation indicating an emergency condition. Violation of this
section is grounds for revocation of an alarm permit.
8..50;040 "Direct -dSal.--t,elephone .devkces. No person
shall lease, maintain, service, repair, alter, move, install, or
use any alarm system which directly dials any telephone number
of the Carlsbad Police Department or the Carlsbad Fire
Department.
8;50;,050.. .Suspension-of -alarm-per,m.its. If, at any
time, it shall come to the attention 07 the Chief of Police that
the owner or lessee of an alarm system has violated any provision 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 8.50.080 of this chapter, the Chief of Police may serve such owner or lessee with a written order of permit suspension, which shall state the reason or reasons for such suspension. The said order shall be effective immediately if personally served or 72 hours after the order 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. The order shall contain notice of the appeal procedure established by this chapter. Immediately upon an order becoming effective, the owner or lessee shall discontinue
using the alarm system. The alarm system or systems shall not
thereafter be used until all necessary repairs have been made and verified by the Chief of Police, or the owner or lessee
satisfies the Chief of Police that such system or systems shall
be properly used in the future and the Chief of Police has
authorized in writing use of the system or systems.
8;50,.055 ',AppeaIs-.to-.t;he Chfef.-of -,P,olice. Any action
taken pursuant to this chapter may be appealed to the Chief of
Police in writing within ten days of notice of the action. The
appeal shall be addressed to the Chief of Police and shall set
forth the facts and circumstances regarding the action. The
Chief of Police shall notify the appellant in writing of the time and place set for hearing the appeal. The Chief of Police or his designate shall consider all relevant evidence and shall determine the merits of $the appeal. The action appealed shall be stayed during the pendancy of the appeal.
8 ; 50 ; 060. , App e a 1s t o -.C.i t y - eou n,c i I. Any act io n wh ic h
has been appealed to the Chief of Police may be appealed to the
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City Council by filing a written appeal with the City Clerk
within ten days of the Police Chief's action. The City Clerk
shall notify the appellant in writing of the time and place set
for hearing of the appeal. The City Council, at its next regular
meeting, held not less than ten days from the date on which such
appeal has been filed with the City Clerk, shall hear the
appellant and the Chief of Police shall consider all relevant
evidence and shall determine the merits of the appeal. The City Council may affirm, overrule or modify the decision of the Chief of Police and the decision of the City Council shall be final.
8.50.070 Unauthorized alarm. When an audible alarm
messaqe or siqnal is received bv the Carlsbad Police or Fire
Department that fails to comply-with any of the requirements of
this ordinance, the Chief of Police is authorized to demand that
the owner, lessee, or his representative of the alarm system initiating such audible alarm, message or signal disconnect the
alarm system until it is made to comply with the requirements of this ordinance.
8.50.080 Right to discontinue response. The Chief of Police reserves the right to discontinue response by police officers to any location of a silent or audible alarm when an alarm permit has been suspended pursuant to Section 8.50.050 of this chapter or when an alarm system has:
(1) Two false alarms in any 30 day period; or
(2) Four false alarms in any 90 day period; or
(3) Six false alarms in any 180 day period; or
(4) Eight false alarms in any 360 day period.
Upon receipt of satisfactory evidence of correction of
a faulty system, or installation of a new system, the Chief of Police shall initiate a new 360 day period for purposes of counting false alarms.
8.50.090 Alarm systems standards and regulations. The
City reserves the right to inspect all alarm systems installed
within the City to assure compliance with this ordinance.
8.50.100 Automatic shut-off requirements. All alarm
systems, excluding fire alarms, shall include a device which
will limit the generation of audible sound to not longer than
fifteen minutes after activation.
8.50.110 Delay device requirements. All burglary detection alarm systems, excluding such alarm systems which
generate an audible alarm, shall include a device on all entry
and exit doors 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
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8.50.,120 Power-s,u.p,ply requlr.ements. A security or
emergency alarm system shall be supplied with an uninterruptible
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power supply in such a manner that'the failure or interruption of
the normal utility electric service will not activate the alarm
system. The back up power supply must be capable of at least
four hours of continuous operation.
8;50;130;-Alarm-test~~. An owner or lessee of an
alarm system shall notify his central receivinq station or
answering service and the Carlsbad Police or Fire Department
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 Police or Fire Department response. Any alarm system activated when such prior notice has been given shall not constitute a false alarm.
8.5q.140. .-Prohib.fti.ons. After the effective date of
this ordinance, it shall be'unlawful to install or modify an
alarm system which upon activation emits sounds similar to
sirens used on emergency vehicles or for civil defense purposes.
that an emergency exists without being specific as to the type
of emergency, such as robbery, burglary, fire or medical
emergency .
It shall be unlawful to transmit an alarm indicating
8;50;150--.~fmftatfon~on~€~ab~~i.~y. The City of Carlsbad is under no obligation or duty to any owner or lessee of an alarm system or any other person by reason of any provision in this chapter, or the exercise of any privilege by any owner or lessee
of an alarm system, including, but not limited to, any defects in a security or emergency 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.
8;5q;.?,60 'CrAfmfnal-p,enalties. Any person who willfully
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.
8;50;170. Seuer>a.bi€fty-of -provfs.fons. If any provision
of this ordinance is-for any reason held to be invalid or
unconstitutional by the decision of a court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance, and the city Council
declares that each provision is severable and that it would have
adopted each provision which is not found to be invalid
irrespective of the fact that any one or more provisions are
declared invalid or unconstitutional.
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SECTION 2: That Title 1, Chapter 1.08 of the Carlsbad
Municipal Code amended by the amendment of Section 1.08.010 to
add Chapter 8.50 to the list of chapters in subsection (a) of
Section 1.08.010.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad 3ournal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the -26th day of March 7
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
1985 by Council held on the .2d day of Wril -’
the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST:
Council Mmhers Casler, Iewis, Kulchin, Chick and Pettine
None
Wne
(SEAL)
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