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HomeMy WebLinkAboutOrdinance 1260 (Alarm Systems)CLERK'S CERTIFICATE I, MARION A. GRADY, City Clerk of the City.pf San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance P10. 1260 entitled: An Ordinance of the City of San Rafael Repealing Chapter 8.20 of the San Rafael Municipal Code, Intrusion Detection and/or Burglar Alarm and Fire Alarm Systems and Reenacting a New Chapter 8.20. 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 16th day of May 19 77 Published as re- quired by City Charter in the Independent Journal a newspaper printed and published in the City of Sam 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 6th day of June 19 77 by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilman: None 14ITNESS my hand and the official seal of the City of San Rafael this 6/-t day of .✓ e__ 197 MARION A. GRADY, City Clerk ORDINANCE NO. 1260 AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 8.20 OF THE SAN RAFAEL MUNICIPAL CODE, INTRUSION DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS AND REENACTING A NEW CHAPTER 8.20 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 8.20, regulations for Intrustion Detection and/or Burglar Alarm and Fire Alarm Systems, of the San Rafael Municipal Code is hereby repealed in its entirety. DIVISION 2. A new Chapter 8.20, regulations for Intrustion Detection and/or Burglar Alarm and Fire Alarm Systems is reenacted, and shall read as follows: CHAPTER 8.20 INTRUSION DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS Sections: 8.20.010 Definitions. 8.20.020 Chief of Police - Power to Regulate. 8.20.030 Devices Terminating at City Facilities. 8.20.040 Reporting Telephones Prohibited. 8.20.050 Similar to Sirens, Unlawful. 8.20.060 Direct Leased Telephone Line. 8.20.070 Installation and Maintenance Costs. 8.20.080 Unlawful Equipment. 8.20.090 Installation Permit. 8.20.100 Fee Exemptions. 8.20.110 Operations. 8.20.120 Audible Alarm. 8.20.130 Responsibility for Alarm. 8.20.140 Multiple Occupancy. 8.20.150 Multiple Subscribers. 8.20.160 Public Nuisance. 8.20.170 Suspension or Revocation. 8.20.180 Administration and Regulations. 8.20.190 Violations. 8.20.200 Appeals. 8.20.210 Fees. - 1 - 8.20.010 Definitions. (a) Alarms. (1) "Audible alarm" means any intrusion detection device alarm or fire alarm which when activated, sounds on the premises where the alarm has been installed. (2) "Silent alarm" means any intrusion detection de- vice alarm or fire alarm, which when activated, sounds a bell or buzzer and/or turns on a light at a predesignated place, other than the location where the alarms have been installed. (b) "Direct leased telephone line/private secondary tele- phone line" means a telephone installation which allows communication between two points. Said installation shall have no dialer, dis- allowing calls to any other telephone installation. Said installations shall be equipped with either a bell or buzzer and a light at both ends which are activated when the line is opened on either side. Said lights and bells or buzzer shall turn off when both ends of the line are closed. (c) "Intrusion detection device" means any alarm system, whether audible or silent, which is designed and installed to prevent the undetected intrusion of any person or thing into any building or area. (d) "Reporting telephones" means any intrusion detection device which when activated, causes, either mechanically, electronically or by any other automatic means, intrastate dialing of any telephone number and then transmits a prerecorded message. (e) "Owner" or "Lessee" means the person, firm, business, corporation, or other entity for whose benefit the intrusion detection device or fire alarm system is installed. (f) "Alarm business" means any firm, partnership, corpora- tion, or any other person, persons or entitites engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing to be sold, main- tained, services, repaired, altered or replaced, moved or installed an alarm system in or on any building, place or premises in the City. (g) "Alarm agent" means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, re- pairing, altering, replacing, moving or installing on any building, place or premises an alarm system in the City. (h) "Alarm monitor" means any person employed to monitor intrusion detection devices or fire alarms. (i) "False alarm" means an alarm signal necessitating response by the San Rafael Police Department where an emergency si- tuation does not exist. (j) "Protected area" means any area, building or structure equipped with an alarm device or system. 8.20.020 Chief of Police - Power to Regulate. The Chief of Police may limit the number of approved intrusion detection de- vices terminating directly into the Police Department when, in his judgment, such devices would interfere with the effective or efficient operations of the Police Department. The Chief shall also have the power to make and enforce such rules and regulations as may, in his discretion, be necessary to implement the provisions of this Section. Any devices now terminating directly into the Police Department which in the determination of the Police Chief interfere with normal Police functions shall be removed. 8.20.030 Devices Terminating at City Facilities. Any in- trusion detection device, which when activated, causes an alarm to be sent directly to the San Rafael Police Department Radio Communica- tions Center or any other police department terminal, either by phone lines, radio waves, or any other means, must meet the standards for installation and equipment as established by the Underwriters' Laboratories, Inc., or other approved testing laboratory and as a condition of approval and authorization as provided for in Section 8.20.020, all costs and recurring charges incurred in the installation and maintenance of any devices provided for herein, or in Section 8.20.060 shall be borne by the person requesting said intrusion de- tection device or leased telephone line. - 3 - The monthly charge for each person having an authorized intrusion detection device or direct leased telephone line shall be set by Resolution of the City Council. The City Council shall also have the power to contract with an independent firm for the instal- lation, maintenance and service of said systems. 8.20.040 Reporting Telephones Prohibited. No person ex- cept a public utility engaged in the business of providing communica- tions services and facilities shall use or operate, attempt to use or operate or cause to be used or operated or arrange, adjust, program, or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means initiate the intrastate calling, dialing or connection to any telephone number assigned to any subscribed by a public telephone company, without the prior written consent of such subscriber. The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of pro- viding communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such pri- mary number when the primary telephone number is in use. 8.20.050 Similar to Sirens, Unlawful. It is unlawful to install on the exterior of a building an intrusion detection device or burglar alarm system which upon actuation emits a sound exceeding .80 decibels which is similar to sirens in use on emergency vehicles or for civil defense purposes. 8.20.060 Direct Leased Telephone Line. Any person in the business of selling or leasing alarm systems or monitoring alarm systems who desires to have a private secondary telephone line termi- nate at one location in any City building shall submit an application for such privilege in writing to the Chief of Police. The communica- tions superintendent shall approve such application if he finds that: - 4 - (a) The termination of such telephone line will constitute no hinderance to regular City activities; (b) The person seeking the termination agrees that no messages will oe telephoned on said line except by an agent of his with access to customer files; and (c) There is sufficient space and/or incoming lines to ac- commodate such installations; (d) Facilities and operational standards meet the following requirements: (1) Facilities Standards: (A) The room or rooms where the service is uer- formed and immediate adjacent room(s) and halls must have a fire detector in each room and each hall to sound local alarm in the room where the service is performed. (B) Shall have one ten pound or larger portable fire extinguishers of a type suitable for use on electrical apparatus. One shall be located inside the room(s) where the service is performed. (C) The room(s) where the service is performed shall have automatic emergency lighting to an extent that a normal level of service may continue to be performed. (D) Shall have in the room(s) were service is performed, an accurate clock. (E) Locks. Entrance(s) to room or rooms where service is performed shall be kept locked at all times and so arranged that positive identification can be made of person(s) seeking admit- tance before unlocking the door. (2) Operational Standards: (A) A sufficient number of operators must be on duty constantly to assure that all alarms from any intrusion detection device or fire alarm be relayed immediately to the Department concerned. (B) As soon as possible after notification of the Department concerned, the operator on duty shall notify the alarm company responsible for the alarm. :min (D) Shall keep a written or printed record of all alarms, trouble, and other signals and who was notified. (E) Alarms from intrusion detection devices and fire alarms shall be treated with the highest priority, and the relaying of such alarms to the Department concerned shall take pre- cedence over all other operations. (F) All AC and/or DC power required at alarm monitoring premise to receive alarm signals, and relay alarm signals, shall have in addition, no less than eight hours of stand-by power with immediate automatic switchover from main power source to stand- by power source. (G) When the service of receiving, relaying, or monitoring alarm signals is disrupted by fire, storm, or any other cause, the alarm monitoring firm shall be responsible for notifying its customers as quickly as possible that protection is no longer being provided and the expected time, if known, of resumption of service. Such notice shall be promptly confirmed by letter. 8.20.070 Installation and Maintenance Costs. All costs and recurring charges incurred in the installation and maintenance of such a private secondary telephone line shall be borne by the person requesting the termination. 8.20.080 Unlawful Equipment. In addition to any other remedy provided by law, the communications superintendent or fire marshal may, whenever he has knowledge of the use of any device or attachment not operated or maintained in accordance with -the provisions of this Chapter, order the removal of such device or attachment or such line termination to which such device or attachment is connected. Proper written notice shall be given to all persons concerned. 8.20.090 Installation Permit. It is unlawful for any person to cause to be installed, serviced, maintained, repaired, re- placed, moved or removed, in o_ on any building with the City, in- trusion detection devices or fire alarm systems unless such firms, corporations, partnerships, persons, or entities have first obtained a valid permit therefor, and for which a fee shall be charged. 8.20.100 Fee Exemptions. The United States Government, the State of California, counties, municipal corporations, depart- ments thereof and other governmental entities are exempt from fees required in Section 8.20.210 of this Ordinance. Upon the installation of any intrusion detection device or fire alarm system, the person so installing said system shall notify the appropriate agency, i.e., either the San Rafael Police Department or the San Rafael Fire Department in writing of the name of the person for whom the installation was made, the address and the tele- phone number thereof. 8.20.110 Operations. It shall be the responsibility of the seller or lessor to instruct and reinstruct his subscriber and/or the occupant of the premises wherein the system is installed in the proper use and operation of the device or alarm, whether silent or audible, including specifically all necessary instruction in turning off the alarm, and in avoiding false alarms. 8.20.120 Audible Alarm. Every person maintaining an au- dible fire alarm or burglary alarm shall post a framed notice contain- ing the telephone numbers of the persons or alarm company to be no- tified to render services to the system during any hour of the day or night that such alarm sounds, or shall furnish the Police Depart- ment with said names and telephone numbers. The persons named shall include the occupant of the premises, or the permittee responsible for the maintenance of the system, and at least one alternate who shall be available when the occupant is not. The framed notice shall be posted near the alarm in such position as to be legible from the ground level outside and adjacent to the building. The framed notice may be waived if the alarm is serviced by an alarm company which maintains up to date customer information and can con- tact the customer and have him/her respond to assist the Police De- partment in the event of an alarm; each such device shall not be so - 7 - audible in excess of 30 minutes, subsequent to notification of the Police Department. 8.20.130 Responsibility for Alarm. In the case of an audible alarm, the person or persons named in the posted notice re- quired by Section 8.20.130 shall, upon proper notification by the San Rafael Police Department, at the discretion of the responding officer, arrive within sixty minutes and render all necessary service. Provided, however, the occupant of the premises protected by the audible alarm may by agreement assume the obligation to re- spond. In the case of a silent alarm, the person or firm responsible for the maintenance of the system shall, upon proper notification by the San Rafael Police Department, at the discretion of the responding officer, arrive within sixty minutes at said location and render all necessary service. Provided, however, the occupant of the premises protected by the silent alarm may by agreement assume the obligation to respond. Repeated failure to respond by the designated responsible person or agency as provided herein could result in loss of instal- lation permit. 8.20.140 Multiple Occupancy. Any building containing more than two separate and distinct units which are equipped with either intrusion detection devices or fire alarms shall display in a conspicuous place, at or near the entrance, a visual or audible device which will indicate which of the alarms has been activated. Installation must be approved by the Police Department or Fire De- partment, whichever is applicable. 8.20.150 Multiple Subscribers. In the event that a group of subscribers are placed on a single incoming line, the system must be so designed as to reset itself within one minute so as to afford protection to the rest of the subscribers on the single line. It must also be so designed so as to activate a visual or audible alarm at the violated premises even after the system has reset, affording protection to the other subscribers. Installation must be approved by the Police Department or Fire Department, whichever is applicable. 8.20.160 False Alarms, Effect Of. A protected area device shall constitute a public nuisance if it actuates more than: (a) Three false alarms in any 30 -day period; or (b) Five false alarms in any 90 -day period; or (c) Six false alarms in any 180 -day period. Subsections (a) (b) and (c) above shall be effective 30 days after installation is operational. 8.20.170 Suspension or Revocation. Any permit granted pursuant to this Chapter may be revoked by the City Manager upon the recommendation of the Chief of Police for any reason for which the granting of such permit might be lawfully denied, for the violation of any provision of this Chapter, and of the rules and regulations in implementation thereof. The permittee, however, shall have a right of appeal to the City Council from any such suspension or revocation. 8.20.180 Administration and Regulations. The provisions of this Chapter shall be administered and enforced by the Chief of Police and Fire Chief. They are authorized to make inspections of the intrusion detection devices and the fire alarm systems and of the premises whereon said devices or systems are located. They shall have the power to make and enforce such rules and regulations as may in their discretion be necessary to implement the provisions of this Chapter. 8.20.190 Viclations. Any person who violates any of the provisions of this Chapter is guilty of a Misdemeanor. 8.20.200 Appeals. Chapter 14.84 "Appeals" of this Code shall apply to all appeals regarding actions taken under this Chapter. Appeals from the Chief of Police and/or City Manager shall follow the procedure set forth in Section 14.84.020. 8.20.210 Fees. A reasonable fee shall be charged for any and all permits required to be issued under this Chapter. The amount of these fees shall be set by the Chief of Police and subject to re- view by the City Council. - 9 - Any alarm system that is presently in existence, with a valid permit, on the effective date of this Ordinance shall not be charged an installation fee. This provision does not invalidate the requirement of obtaining an installation permit. DIVISION 3. If any Section, Subsection, or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each Section, Subsection, or portion thereof, irrespective of the fact that any one or more Sections, Subsections, or portion be declared invalid or unconstitutional. DIVISION 4. This Ordinance shall be published once in full before its final passage in the Independent Journal , a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. C. Pr BETTI I, Mayor Attest: /</ �Gc2c-cam � � • / �c MARION A. GRADY, City C];hrk The above and foregoing Ordinance No. 1260 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 16th day of May 1977, and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen 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 6th day of June , 1977. MARION A. GRADY, Ci�% t lerk - 10 -