HomeMy WebLinkAboutOrdinance 1973 (Alarm Ordinance)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1973
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.20 OF THE
SAN RAFAEL MUNICIPAL CODE REGULATING INTRUSION DETECTION ALARM
SYSTEMS
is a true and correct copy of an Ordinance of said City, and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 19th day of
August 2019; a SUMMARY of Ordinance No. 1973 was published as required by City
Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of
San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR
meeting of the City Council of said City, held on the 4th day of November 2019, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
8th day of October 2019
_______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 1973
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 8.20 OF THE SAN RAFAEL MUNICIPAL CODE
REGULATING INTRUSION DETECTION
ALARM SYSTEMS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1. FINDINGS.
1. In its current form, Chapter 8.20 of the San Rafael Municipal Code
(“SRMC”) entitled “Intrusion Detection and/or Burglar Alarm and Fire Alarm
Systems,” is outdated. The San Rafael Fire Department uses SRMC Chapter 4 to
enforce fire alarm systems, therefore the language in SRMC Chapter 8.20
regarding the fire alarms is obsolete. The provisions governing intrusion detection
alarm systems, commonly known as “burglar alarms,” have not been updated for
over fifteen years.
2. Intrusion detection alarms were the fourth most frequent type of call for
service for the San Rafael Police Department (SRPD) in 2018, with 2,412 calls.
That is an average of 6.6 alarm calls per day, of which over 99% are false alarms.
These alarms are false mainly due to human error, b ut significant weather can also
trigger false alarms.
3. Since false alarms create a significant demand on the services of the City’s
Police Department, City staff recommends, and the City Council finds, that SRMC
Chapter 8.20 should be amended as set forth in this Ordinance, to incorporate best
practices implemented by other Bay Area jurisdictions.
DIVISION 2. AMENDMENT OF MUNICIPAL CODE
Chapter 8.20 of the San Rafael Municipal Code, entitled “Intrusion Detection
and/or Burglar Alarm and Fire Alarm Systems” is hereby amended to read in its
entirety as follows:
Chapter 8.20 - INTRUSION DETECTION ALARM SYSTEMS
8.20.010 – Definitions
The following words, terms and phrases, when used in this ordinance, shall have
the meanings ascribed to them, except where the context clearly indicates a
different meaning:
(a) Alarm Administrator means a person or persons designated by the
City to administer the provisions of this ordinance.
(b) Alarm Company means a person, company, firm, or corporation
which has the contractual agreement with the alarm user and is subject
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to the licensing requirements, and engaged in selling, leasing,
installing, servicing and/or monitoring alarm systems; this entity shall
be licensed in compliance with city, county and state laws.
(c) Alarm event means an alarm system activation, to which law
enforcement is requested to respond.
(d) Alarm permit means a permit issued to an alarm user by the City,
allowing the operation of an alarm system within the City.
(e) Alarm system or Alarm means an assembly of equipment installed
at a fixed location designed to detect and/or verify an occurrence of an
illegal or unauthorized entry or other activity to which law enforcement
is requested to respond.
(f) Alarm user means any person, corporation, partnership,
proprietorship, governmental or educational entity or any other entity
owning, leasing, or operating an alarm system, or on whose premises
an alarm system is maintained for the protection of such premises.
(g) Alarm User Awareness Class means a class conducted for the
purpose of educating alarm users about the responsible use,
operation, maintenance of alarm systems and effective verification and
false alarm reduction strategies.
(h) Cancellation means that the alarm company provides notification that
response by law enforcement is no longer being requested in
connection with an alarm event. If cancellation occurs prior to law
enforcement arriving at the scene, this will not be deemed to be a false
alarm under this Chapter, and no penalty will be assessed.
(i) City means the City of San Rafael or its agent.
(j) CP-O1 means the ANSI - American National Standard Institute-
approved Security Industry Association - SIA CP-01 Control Panel
Standard, as may be updated from time to time, that details
recommended design features for security system control panels and
their associated arming and disarming devices to reduce the incidence
of false alarms. Control panels built and tested to this standard by
Underwriters Laboratory (UL), or other nationally recognized testing
organizations are marked as follows: “Design evaluated in accordance
with SIA CP-01 Control Panel Standard Features for False Alarm
Reduction.”
(k) Communications Center means the San Rafael Police Department’s
communications/dispatch center.
(l) Enhanced Call Confirmation means an attempt by the alarm system
monitoring company to contact the alarm site and/or alarm user, to
determine whether an alarm event is valid before requesting law
enforcement response. A second call will be made to contact the alarm
user if the first attempt fails EXCEPT as defined by ANSI/CSAA CS V
01 2016 or current version, in case of a fire, panic, robbery-in-progress
alarm or verified alarm.
(m) False Alarm means the activation of an alarm system when, upon
observation by law enforcement, there is no evidence of unauthorized
entry, robbery, or other such crime attempted in or on the premises.
(n) Permit Year means a twelve (12) month period beginning on the day
and month on which an alarm permit is issued.
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(o) Verified Alarm is defined as an electronic security system event in
which a trained central station operator utilizing a standardized
protocol has determined the presence of human(s) and /or the high
probability that a criminal offense is in progress. A verified alarm
system may consist of a two-zone alarm activation, or an installed
video, audio, or other approved verification technology. Verification of
alarm response does not apply to duress, robbery, holdup, and panic
alarms.
8.20.020 – Alarm Permit
(a) Permit Required. No alarm user shall use an alarm system in the City
without first registering for and obtaining a permit for such alarm
system from the City. Each alarm permit shall be assigned a unique
permit number, and the user shall provide the permit number to the
alarm company to facilitate law enforcement dispatch.
(b) Application. The permit shall be requested on an application form
provided by the City. The application will include at least the following
information:
1) Multiple Alarm Systems. If an alarm user has one or more alarm
systems protecting two or more separate structures or units
having different addresses and/or tenants, a separate permit
shall be required for each structure and/or unit.
2) Type of Verified Alarm System. If an alarm user has an
electronic verified alarm system protecting the premises, the
permit application shall identify the type of verification system
used (for example, video verification or audio verification.)
3) Installer of the Alarm System. The name of service provider
that installed the system, or if installed by the alarm user DIY (“do
it yourself”).
4) Monitoring Agency. The name of the monitoring station that is
monitoring the alarm system.
(c) Annual Renewal Required. Alarm permits must be renewed
annually. Police response to a property without a valid annual renewal
will be subject to the same fine as failing to register.
(d) Permit Fees. A permit fee will be required for the initial registration
and annual permit renewals. The fee will be established by resolution
of the City Council adopted from time to time. No fee will be required
for merely updating information on a valid permit.
(e) Reporting Updated Information. Whenever the information provided
on the alarm permit application changes, the alarm user shall provide
correct information to the City within thirty (30) days of the change. In
addition, each year after the issuance of the permit, permit holders will
receive from the City a form requesting updated informatio n. The
permit holder shall complete and return this form to the City whether
or not any of the requested information has changed; failure to comply
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will constitute a violation of this Chapter and may result in a civil
penalty.
(f) Transfer of Possession. Alarm permits are not transferable. When
the possession of the premises at which an alarm system is
maintained is transferred, the alarm user obtaining possession of the
property shall file an application for an alarm permit within thirty (30)
days of obtaining possession of the property.
8.20.030 – Duties of the Alarm User
Every alarm user in the City has a duty to comply with the following
requirements:
(a) Maintain the premises and the alarm system in a method that will
reduce or eliminate false alarms.
(b) Provide the alarm company with the alarm user’s alarm permit number
so that the alarm company can provide it to the communications center
to facilitate dispatch.
(c) Respond or cause a representative to respond to the alarm system’s
location within a reasonable amount of time when notified by the San
Rafael Police Department.
(d) Not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to report.
(e) Obtain a new permit and pay any associated fees if there is a change
in address or ownership of the location of the alarm system.
(f) Annually renew the alarm permit.
(g) An alarm user that installs the system themselves (Do I t Yourself or
DIY) is subject to the same duties as described in Section 8.20.040 -
Duties of the Alarm Company.
8.20.040 – Duties of the Alarm Company
(a) Every alarm company engaged in business in the City shall comply
with the following requirements:
1) Obtain and maintain the required state, county and/or city
license(s).
2) Provide name, address, and telephone numbers of the alarm
company license holder or a designee who can be called in an
emergency, twenty-four (24) hours a day; and be able to respond
to an alarm call, when notified, within a reasonable amount of
time.
3) Be able to provide the most current contact information for the
alarm user; and to contact a key holder for a response, if
requested.
4) Prior to activation of the alarm system, the alarm company must
provide instructions to the alarm user explaining the proper
operation of the alarm system.
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5) Provide alarm user customers with information on how to obtain
service from the alarm company for the alarm system.
6) After the effective date of this ordinance, for commercial
accounts, alarm companies shall not install, modify or repair
“single action” devices for the activation of Hold-up, Robbery or
Panic Alarms. New devices for those purposes shall require two
actions or an activation time delay to provide more positive
assurance that the user intends to activate the device.
7) After the effective date of this ordinance, alarm companies shall
install only CP-01 compliant security system control panels and
their associated arming and disarming devices to reduce the
incidence of false alarms,
8) An alarm company responsible for monitoring services shall:
a. Ensure the monitoring center utilizes Enhanced Call
Confirmation. The monitoring center shall make two
(2) attempts to contact the user or users of an alarm
system prior to requesting law enforcement
response.
b. Provide the alarm user’s alarm permit number to the
communications center to facilitate dispatch and/or
cancellations.
c. Communicate to the communications center any
available information regarding specifics of the alarm
event.
d. Communicate a cancellation to the communications
center as soon as possible following a determination
that response is unnecessary.
(b) Existing alarm systems. W ithin thirty (30) days after being notified in
writing by the Alarm Administrator, an alarm company must provide to
the alarm administrator a list of the names and addresses of existing
alarm users in the City.
(c) New alarm systems. Any alarm company that installs an alarm
system on premises located within the City after the effective date of
this ordinance must notify the Alarm Administrator within ten (10) days
after the date of installation that an alarm system has been installed
and provide the name and address of the alarm user.
(d) Purchased accounts. An alarm company that purchases any alarm
system account from another person or alarm company shall notify the
Alarm Administrator of such purchase and shall provide the Alarm
Administrator a complete list of the acquired customers. This
information shall include the customer name, alarm site address,
alarm permit number, and alarm company license number.
(e) Yearly account updates. On or before the first of January of each
year, an alarm installation company or monitoring company shall
provide the Alarm Administrator with a complete list of active
customers to assist the Alarm Administrator with creating and
maintaining tracking data. The customer information must include: the
customer name, the alarm site address, permit number, and the alarm
company license number.
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8.20.050 – Prohibited Acts
(a) It shall be unlawful for any person to activate an alarm system for the
purpose of summoning law enforcement when no burglary, robbery, or
other crime dangerous to life or property is being committed or
attempted on the premises, or otherwise to cause a false alarm.
(b) It shall be unlawful to install, maintain, or use an audible alarm system
that can sound continually for more than ten (10) minutes.
8.20.060 – Enforcement of Provisions
Civil Non-Criminal Violation. A violation of any of the provisions of this
Chapter shall be a civil violation and shall not constitute a misdemeanor or
infraction. In addition to any other remedies available to the City under this
Code or state law, violations of this Chapter may be enforced as follows:
(a) Penalties for false alarms and other violations. Upon occurrence
of a false alarm or other violation of this Chapter, the Alarm
Administrator may issue a notice of penalty to an alarm user imposing
civil penalties as follows:
1) First false alarm during permit year $ 50.00
2) Second false alarm during permit year
$100.00
3) Third false alarm during permit year $150.00
4) Fourth false alarm during permit year $200.00
5) Fifth and subsequent false alarm during permit year
$250.00
6) Failure to register or failure to renew permit $100.00
7) Other violations of this Chapter $100.00
(b) Excessive false alarms. It is hereby found and determined that eight
(8) or more false alarms within a permit year is excessive, constitutes
a public nuisance, and shall be unlawful. After eight (8) false alarms
within a permit year, the police response may be restricted to
dispatching to only verified alarms.
(c) Payment of Civil Penalty(ies). Civil penalty(ies) shall be paid within
thirty (30) days from the date of the administrative citation.
(d) Discontinuance of Law Enforcement Response. The failure of an
alarm user to make payment of any civil penalty(ies) assessed under
this ordinance within thirty (30) days from the date of an administrative
citation may result in discontinuance of law enforcement response to
alarm signals that may occur at the premises described in the alarm
user's permit until payment is received.
8.20.070 – Alarm User Awareness Class
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Alarm User Awareness Class. The City may establish an Alarm User
Awareness Class and may request the assistance of the area alarm companies
to assist in developing and conducting the class. The class shall inform alarm
users of the problems created by false alarms and instruct alarm users how to
help reduce false alarms. The City may grant the option of attending a n alarm
user awareness class in lieu of paying one assessed penalty, not to exceed
$50.00. Alternatively, if the class can be delivered to the user as an online
training module, the City may authorize the alarm user to satisfy the attendance
requirement by participating in the online training module.
8.20.080 – Appeals
(a) Appeals Process. Assessments of civil penalty(ies) and other
enforcement decisions made under this Chapter may be appealed by
filing a written notice of appeal with the San Rafael Police Department
within thirty (30) days after the date of notification of the assessment
of civil penalty(ies) or other enforcement decision. The failure to file a
notice of appeal within this time period shall constitute a waiver of the
right to contest the assessment of penalty(ies) or other enforcement
decision. Appeals shall be determined through an administrative
process established by the City including a hearing by a hearing officer
appointed by the City. Any person aggrieved by the decision of the
hearing officer may obtain review of the decision by filing a notice of
appeal with the Marin County courts in accordance with the timelines
and provisions set forth in California Government Code section
53069.4.
(b) Appeal Standard. The hearing officer shall review an appeal from the
assessment of civil penalty(ies) or other enforcement decisions using
a preponderance of the evidence standard. Notwithstanding a
determination that the preponderance of the evidence supports the
assessment of civil penalty(ies) or other enforcement decision, the
hearing officer shall have the discretion to dismiss or reduce civil
penalty(ies) or reverse any other enforcement decision where
warranted.
8.20.090 – Confidentiality
In the interest of public safety, all information contained in and gathered through
the alarm registration/permit applications, response records, applications for
appeals and/or any other alarm records of the City shall be held in confidence
by all employees and/or representatives of the City to the maximum extent
allowed by law.
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8.20.100 – Government Immunity
Alarm registration is not intended to, nor will it, create a contract, duty or
obligation, either expressed or implied, of response on the part of the City of
San Rafael, the San Rafael Police Department, or any of their officers,
employees or agents. Any and all liability and consequential damage resulting
from the failure to respond to a notification is hereby disclaimed and
governmental immunity as provided by law is retained. By applying for an
alarm registration, the alarm user acknowledges that the San Rafael Police
Department response may be influenced by a variety of factors including but
not limited to: the availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels and prior response
history.
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of
the State CEQA Guidelines in that this Ordinance regulates only the permitting,
maintenance and use of intrusion detection (“burglar”) alarm systems, and it can
be seen with certainty that there is no possibility that the adoption of this
Ordinance may have a significant effect on the environment,
DIVISION 4. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it would have adopted
the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
DIVISION 5. EFFECTIVE DATE; PUBLICATION.
This Ordinance shall be published once, in full or in summary form, before its
final passage, in a newspaper of general circulation, published, and circulated in
the City of San Rafael, and shall be in full force and effect as of January 1, 2020.
If published in summary form, the summary shall also be published within fifteen
(15) days after the adoption, together with the names of those Councilmembers
voting for or against same, in a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
__________________________
GARY O. PHILLIPS, Mayor
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ATTEST:
______________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1973 was read and introduced at a Regular Meeting
of the City Council of the City of San Rafael, held on the 19th day of August 2019
and ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Gamblin & Mayor Pro Tem Colin
NOES: Councilmembers: None
ABSENT: Councilmembers: McCullough & Mayor Phillips
and will come up for adoption as an Ordinance of the City of San Rafael at
a Regular Meeting of the Council to be held on the 4th day of November
2019.
______________________
LINDSAY LARA, City Clerk