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HomeMy WebLinkAboutOrdinance 1234 (Not Adopted - See Ord. 1260)CLERIC'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 P10.1234 entitled: An ordinance of the City of San Rafael concerning false alarms activated by intrusion detection 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 2nd day of August 19 76 Published as re- quired by City Charter in the San Rafael Pointer a newspaper printed and 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 day of 19 by the following vote, to -wit: Ayes: Councilmen: Noes: Councilmen: Absent: Councilman: WITNESS my hand and the official seal of the City of San Rafael this day of 19 MARION A. GRADY, City Clerk ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY OF SAN RAFAEL CONCERNING FALSE ALARMS ACTIVATED BY INTRUSION DETECTION SYSTEMS. 7 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO RDAIN AS FOLLOWS: D I V I S 10 N 1. Section 8.20. 010 is hereby amended by adding the following: (I) False Alarm shall mean an alarm signal activated intentionally or through inadvertence, negligence, or malfunction of any segment of the alarm system and to which personnel of the San Rafael Police Department respond and there is no Police Emergency as herein defined. (j) Police Alarm System means any mechanical or electrical device which is designed or used for the detection of unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure or facility, or both; and which emits a sound or transmits a signal or message when actuated. Alarm systems include but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. The Police Alarm System includes but is not limited to detection, transmission and receiving devices or methods. (K) Police Emergency means any incident requiring the response of the Police Department during the commission of a breaking and/or entering of a building, structure or facility or an immediate attempted breaking or entering or the immediate commission of a violent act likely to produce great bodily harm or the existence of a life saving medical incident. D IV I S 10 N 2. Section 8.20.230 is hereby added to the San Rafael Municipal Code and shall read as follows: 8.20.230 Service Charges for False Alarms: In the event a false alarm is activated by any alarm system within the City of San Rafael, a citation shall be issued by the Police Department. The citation shall state that a service charge is due and payable within fifteen (15) days after service of the citation and shall set forth the time and nature of the false alarm. This service charge shall be set by a resolution of the City Council of San Rafael. The citation shall be mailed to the owner by regular first class United States mail, postage prepaid, to the address at which the alarm is installed and the mailing of such citation shall be deemed to constitute service thereof. uRIGINA i If such citation is not paid within the time specified, a second notice shall be sent by certified United States mail, postage prepaid, with return receipt requested. This notice shall state that if said citation is not paid within 21 calendar days after mailing, the City will not respond to any further alarms activated by the system until all service charges are paid in full. D I V I S 10 N 3. Section 8.20.240 is hereby added to the San Rafael Municipal Code and shall read as follows: 8.20.240 Determination of False Alarm - Appeal (a) The determination of any false alarm or the suspension of police response may be appealed by the alarm owner by a written request to the Police Chief. The Police Chief or his designated representative shall within three (3) days after receiving such request set a hearing and give notice thereof by first class United States mail, deposited inthe post office at least 48 hours before the hearing. The owner may appear at such hearing and testify if he desires. Within 24 hours after such hearing is concluded, the Police Chief or his designated representative shall issue a written statement of his decision and a copy mailed first class United States mail to the alarm owner. D I V I S ION 4 . Section 8.20.250 is hereby added to the San Rafael Municipal Code and shall read as follows: 8.20.250 Alarm Owner Away. In the event a house or business establish- ment is closed for a period of fifteen (15) days or more and has so notified the Police Department before leaving, any suspension provided by this ordinance shall be deferred until five (5) days after the owner's return. D I V I S ION 5 . Section 8.20.260 is hereby added to the San Rafael Municipal Code and shall read as follows: 8.20.260 Confidentiality. The information furnished and secured pursuant to this Ordinance shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this Ordinance. D I V I S ION 6 . Section 8.20.270 (I) is hereby added to the San Rafael Municipal Code and shall read as follows: 8.20.270 (I) All local exterior bells, gongs, noise -making devices or pulsating lights installed after the effective date of this Ordinance shall have a timing device that will silence or turn off such devices or lights within twenty (20) minutes. D I V I S ION 7 . 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. - 2 - D I V I S 10 N 8 . This ordinance shall be published once in full before its final passage in the San Rafael Pointer , 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. tf!� 6u/ C. PAUL BETTINI, Mayor ATTEST: MARION A. GRADY, City Clerk The above and foregoing Ordinance No. 1234 was read and introduced at a r�iil ar meeting of the City Council of the City of San Rafael, held on Mondav the 2nd day of Auaust 1976, and was ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mul ryan and will come up for adoption as an Ordinance of the City of San Rafael at a 1976. regular meeting of the Council to be held on the 16th- day of August - 3 - MARION A. GRADY, City Clerk l/ - 3 -