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HomeMy WebLinkAbout1430 - ORDINANCES - 1/6/1993 ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5 . 02 OF THE MUNICIPAL CODE, AND REGULATING THE USE OF ALARMS AND ALARM SYSTEMS WHEREAS, within the last year, the Palm Springs Police Department responded to approximately 5,200 alarms from alarm systems installed in residential, commercial and industrial buildings and properties within the City; WHEREAS, with an average of two police officers responding to the alarms with an average response time of fifteen (15) minutes, alarm responses by the Police Department have resulted in a cost to the City approximating $150, 000 last year; WHEREAS, the City Council desires to adopt an alarm user's permit requirement for all burglary and robbery alarm systems within the City to generate revenue to offset the alarm response cost currently borne by the City of Palm Springs; WHEREAS, by enacting additional regulations and standards concerning the operation of alarm systems within the City, the City Council desires to reduce the number of false alarms generated which needlessly require police response. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5. 02 of the Palm Springs Municipal Code relating to security alarm systems is hereby amended in its entirety to read as follows: CHAPTER 5. 02 SECURITY ALARM SYSTEMS Sections• 5. 02 . 005 Purpose. 5. 02 . 010 Definitions. 5 . 02 . 020 Exemptions--Special alarm systems. 5 . 02 . 025 Pre-existing systems. 5. 02 . 030 Automatic shutoff. 5. 02 . 035 Alarm systems terminating at police department. 5 . 02 . 040 Automatic calling devices. 5. 02 . 045 Use of panic button. 5. 02 . 050 Instruction as to operation of alarm systems. 5. 02 . 055 Administration. 5 . 02 . 060 Alarm user's permit. 5 . 02 . 065 Alarm user's permit--Approval/Denial. 5 . 02 . 070 Term of permit. 5 . 02 . 075 False alarm response fees. 5 . 02 . 080 Revocation of alarm user's permit. 5. 02 . 085 Appeal. 5. 02 . 090 Waiver of hearing. 5 . 02 . 095 Appeal--Hearing and decision. 5. 02 . 100 Re-issuance of alarm user's permit. 5. 02 . 105 Violation--Infraction. 5. 02 . 110 Enforcement. Ord. No. 1430 Page 2 5. 02 . 005 Purpose. The purpose of this chapter is to establish standards and controls to reduce the incidents of false intrusion and robbery alarm calls responded to by the Palm Springs Police Department. The revenue raised by this ordinance will offset the costs associated with responses to burglar and robbery alarms. 5. 02 . 010 Definitions. For the purposes of this chapter, certain words and phrases used herein are defined as follows: (1) "Alarm system" means any electronic device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act or both, and when actuated, emits a sound or transmits a :signal to indicate that an emergency exists, and to which police are expected to respond. (2) "Alarm business" means any person, firm, or corporation engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, place or premises. (3) "Alarm agent" means any person who is employed by an alarm business, whether directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, installing or monitoring on any building, place, or premises any alarm system. (4) "Alarm User" means a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system, or who owns, uses, or maintains a proprietor alarm. (5) "Audible alarm" means a device designed to emit an audible sound to alert others of an unauthorized entry onto property, an unauthorized entry into a structure, or the commission of a robbery. (6) "City,"Po 1 ice",' 'Police Chief" means the City of Palm Springs, the Palm Springs Police Department, and the Palm Springs Police Chief. (7) "False alarm" means an alarm signal which causes response by the police department where an emergency situation does not exist. Response means arrival at -the location of the alarm. "False alarm" does not include: an alarm signal activated by earthquake, extraordinary weather conditions or other act of God. (8) "Proprietor. Alarm" means an alarm whicla is not serviced by an alarm business. (9) "Silent Alarm" means that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light at a predesignated place other than the location where the alarm has been installed. 01430 Page 3 5. 02 . 020 Exemptions--Special alarm systems. The provisions of this chapter shall not be applicable to: 1. Audible alarms affixed to automobiles, unless the vehicle alarm is connected to a central monitoring system; 2 . Fire or smoke sensor alarm systems or detectors when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems; 3 . Emergency medical crisis alarms when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems. 5. 02 . 025 Pre-existing systems. The provisions of this chapter shall be applicable to all alarm systems, as defined in Section 5. 02 . 010 (1) and not specifically exempted by Section 5 . 02 . 020, within the City of Palm Springs. All owners of alarm systems installed and operating prior to the adoption of this chapter [ 1/6/93 ] shall have ninety (90) days from the effective date of this section [ 5/6/93 ] to obtain an alarm user's permit pursuant to Section 5 . 02 . 065 . 5. 02 . 030 Automatic shutoff. All audible alarm systems, excluding fire alarms that emit sound to indicate the functioning of an automatic fire sprinkler system, shall include a device that will limit the generation of the audible sound of the system to not longer than fifteen (15) minutes after activation when the alarm system is protecting a residential structure, and thirty (30) minutes when the alarm is protecting a commercial or industrial structure. Said systems shall include an automatic resetting device, which shall cause the system to be re-armed upon automatic shutoff. Any alarm system which causes an audible sound for a period in excess of thirty (30) minutes is declared to be a public nuisance, which may be the subject of prosecution under Section 11.72 . 300 of this code. 5. 02 . 035 Alarm systems terminating at police department. No alarm system shall be installed which, when activated, causes an alarm or signal to be sent directly to the Palm Springs Police Department or any facility thereof, or any City building, unless and until written permission therefor is received from the Chief of Police. The chief is authorized to limit the number of such devices terminating into the police department if he determines that any such device or devices would interfere with the normal functions of the police department. 5 . 02 . 040 Automatic calling devices. No person other than an authorized agent of the police department shall use, maintain, operate, or attempt to use or operate, or cause to be used or operated any alarm system or other device or combination of devices that is arranged, adjusted or programmed so that it will upon activation, either mechanically, electronically or by other automatic means, initiate, call and deliver a recorded message to any telephone number assigned to the City or its police department, or to any radio frequency used thereby. 5. 02 . 045 Use of panic button. A burglary or robbery panic button shall only be used when there is a threat to life or property. It shall be unlawful to use such panic button to merely summon the police, or in lieu of dialing "911. " 5. 02 . 050 Instruction as to operation of alarm systems. It shall be the responsibility of the alarm business to instruct the alarm user in the proper use and operation of the alarm system, whether silent or audible, as frequently as Ord. No. 1430 Page 4 necessary, especially in those factors which can cause false alarms. The alarm business shall instruct the alarm user that activating an alarm in the absence of an emergency is a criminal offense under Section 148 . 3 of the California Penal Code. The alarm company shall also inform the alarm user that a permit is required, and shall supply the alarm user with a permit application. Said permit application shall be made available to the alarm company at no cost. 5. 02 . 055 Administration. The provisions of this chapter shall be administered and enforced by the Chief of Police. He and his designees shall have the power to enforce such rules, regulations and standards as may be applicable pursuant to this chapter or other ordinance or law. 5. 02 . 060 Alarm user's permit. (a) No person shall install or cause to be installed, use or maintain an alarm system on premises owned or in the possession or control of such person within the City without first :having obtained an alarm user's permit from the City in accordance with this section. The application for an alarm user's permit shall be submitted on a form prescribed by the City and shall include: 1. The address of the premises where the system is to be located. 2 . The name, address, and telephone number of the applicant. 3 . The name, address, and telephone number of a second person who may be contacted in case of an emergency. 4 . The name, address, and telephone number of the person who will render service or repairs during any hour of the day or night. The application shall be accompanied by a non-refundable fee in such amount as established by resolution of the City Council. (b) A separate alarm user's permit shall be required for each premises or address on which an alarm system is used or installed. Alarm system permits shall not. be transferrable. A new alarm user's permit shall be required whenever there is a change in a business' name, ownership, or location. With regard to an alarm system installed at a residence, a new alarm user's permit shall be required whenever there is a change in ownership. For any change in occupants of a residence with an alarm system, the holder of the alarm user's permit shall update the notification list as submitted to the City in his/her application to include the name(s) and telephone number of the new occupants. (c) If requested by the Police Department, the person(s) listed on the notification list in the permit application shall be required to be present at the alarm location within forty-five (45) minutes after being advised that the Police Department has received any signal or message of an alarm activation at that location. 5. 02 . 065 Alarm user's permit--Approval/Denial. (a) Approval . Upon finding the requested alarm user's permit conforms to the provisions of this chapter and other applicable provisions of the Palm Springs Municipal Code, the Police Chief or his designee may issue the alarm user's permit. The applicant shall pay a permit fee as established by resolution of the City Council. 01430 Page 5 (b) Denial . The Police Chief or his designee shall deny the alarm user's permit if he determines any of the following,*, 1. The requested alarm user's permit is in conflict with any provision of the Palm Springs Municipal Code. 2. The applicant, his employee or agent has knowingly made a false, misleading or fraudulent statement of a material fact in the application for a permit. 3 . The applicant has failed to pay the application fee required by this chapter. 4. The applicant has had a similar permit revoked for good cause within the past year and has failed to show material change in the circumstances since the date of revocation. Any such denial is final unless the applicant appeals the decision to the City Manager in the manner specified in Sections 5. 02 . 090 and 5. 02 . 100. 5.02 . 070 Term of permit. The alarm permit issued shall be valid for a period of one year. The permit will expire one year from the day of issuance, and shall be renewable upon receipt of an application and the alarm permit fee. The renewal fee shall be in an amount as established by resolution of the City Council. 5. 02 . 075 False alarm response fees. (a) In addition to the other fees stated herein, an alarm user may become liable to the City for the costs of the police department responding to an excessive false alarm emitted by his or her alarm system. A false alarm response fee shall be paid to the City for every false burglary alarm occurring after two (2) false burglary alarms have been received from any one source or from any one alarm system within any consecutive three hundred sixty-five (365) day period. No fee shall be charged for false burglary alarms occurring within thirty (30) days following initial installation of any new alarm provided said system otherwise complies with the requirements of this chapter. The fee shall be in such amount as established by resolution of the City Council. A higher fee may be established for each additional false burglary alarm during any consecutive three hundred sixty-five (365) day period. Multiple false burglary and robbery alarms received in one 24 hour day shall be considered a single event. (b) A false robbery alarm response fee shall be paid to the City for every false robbery alarm occurring after two (2) false robbery alarms have been received from any one source or from any one alarm system within any consecutive three hundred sixty-five day period. The fee shall be in such amount as established by resolution of the City Council. A higher fee may be established for each additional false robbery alarm during any consecutive three hundred sixty-five (365) day period. (c) Any burglar alarm which causes more than eight (8) false alarms, or robbery alarm which causes more than four (4) false alarms may be declared a nuisance, and will be subject to revocation of permit as specified in 5. 02. 085 of this Chapter. False alarms responded to beyond eight (8) for burglary, and four (4) for robbery will continue to be billed at the rate specified in the Comprehensive Fee Schedule. Ord. No. 1430 Page 6 (d) A 'response to ,a non-permitted burglar or robbery alarm, whether false or valid, shall result in a non-permitted alarm fee. An alarm user's permit may be issued within thirty (30) days of the response at no additional cost. Each additional response to a non-permitted location, whether false or valid, will result in a higher fee. Should a non-permitted false burglar alarm frequency reach more than eight (8) or a non-permitted robbery alarm .reach more than four (4) in any three hundred sixty-five (365) day period, the person responsible for such alarm location shall be notified by certified mail that the police department will no longer respond to alarms at. that location. (e) All fees established and/or levied by this section shall be paid to the City within thirty (30) days from the date of the invoice by the holder of the alarm user's permit or the owner of the premises upon which the alarm :system is located if no permit has been issued for the alarm 'system. 5. 02 . 080 Revocation of alarm user's permit. (a) Any alarm user's permit may be revoked at any time at the option of the Police Chief or his designee whenever: (1) The alarm user is in violation of any of the provisions of this chapter. (2) The alarm system actuates excessive false alarms as defined i.n Section 5.02 . 080. (3) The alarm user, his employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report required to be filed with any city agency. (4) Immediately following an alarm activation, the alarm user or his designated representative fails to respond within 45 minutes to a request for access to the protected premises, upon request to do so by a police officer or a public safety dispatcher who deems a response necessary to insure the security of the: premises or persons where the alarm system is installed. (b) If the Police Chief or his designee believes grounds exist to revoke the permit, he or his designee shall serve the permittee with written notice of the intent to revoke the alarm user's permit and 'the reasons for the intended revocation. The permittee shall have fifteen (15) days from the date of issuance of this notice to respond and present evidence to the Police Chief or his designee that he or she has corrected any deficii.encie.; in the equipment or operation of the alarm system or that he or she has paid those fees owed to the City under this chapter. Within five (5) days of the date on which the evidence is presented, 'the Police. Chief or his designee shall notify the permittee of his decision. Absent any showing by the permittee, the Police Chief shall issue an order of revocation. The order of revocation shall be effective immediately if personally served on the permittee, or seventy-two (72) hours after the order- has been sent by certified mail addressed to the permittee at his/her last known ,address. (c) Upon revocation of an alarm user's permit, the police department will not respond to alarms from the alarm system(s) if the revocation was a result of excessive false alarms or defective equipment. The City may charge for responses based on the fees set forth in this chapter. 01430 Page 7 5. 02 . 085 Appeal. (a) Any person aggrieved by a decision of the Police Chief or his designee with reference to any matter covered in this chapter, including, but not limited to, a decision to deny an application for a permit, to renew a permit, to revoke a permit or to require reimbursement for excessive false alarms, shall have the right of appeal to the city manager. (b) A written statement setting forth fully the grounds of such appeal shall be filed with the city clerk within fifteen (15) days after notice of the decision of the Police Chief has been delivered to such person or mailed via certified mail to his/her last known address. (c) Where an appeal has been filed, an order of revocation shall be stayed pending a determination thereon by the City Manager. The permittee shall be allowed to continue to use the alarm system until the appeal process has been exhausted unless the Police Chief determines that the continued use of the alarm system interferes with the safe and efficient operation of the police department. The order of revocation shall be effective from its initial date of issuance if the City Manager upholds the revocation decision. The revocation shall be dissolved immediately if the decision of the City Manager 'reverses the revocation. 5. 02 . 090 Waiver of hearing. Failure to file a letter of appeal within fifteen (15) days of the Police Chief's decision shall constitute a waiver of 'the appellan't's rights to a hearing. The City Manager may nonetheless grant such a hearing at his discretion. 5. 02 . 095 Appeal-Hearinq and decision. Within fifteen (15) days of the filing of a written appeal with the city clerk, the City Manager shall set a time and place for hearing on the appeal, which shall be within thirty (30) days after the appeal is filed or such longer period as may be agreed to by the applicant. The City Manager shall promptly give written notice to the appellant of the time and place for the hearing at his last known address at least ten (10) days prior to the date of 'the hearing. At the hearing upon the decision of the Police Chief, the City Manager shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the Police Chief should not be upheld. In all cases, the burden of proof shall be upon the appellant to show that there is not substantial evidence to support the decision of the Police Chief. In conducting the hearing, the City Manager shall not be limited by the technical rules of evidence. The City Manager shall render a decision on the appeal within ten (10) days following the close of the hearing, and failure to do so shall constitute a denial of the appeal. Any decision by the City Manager may be appealed to the City Council under the procedures in chapter 2 .05 of the Municipal Code. 5. 02 . 100 Re--issuance of alarm user's permit. (a) After 'revocation of an alarm user's permit, no new user's permit shall be issued for the premises until written proof of correction is provided to the Police Chief and the alarm system is determined to be in an acceptable working order. Acceptance and approval of the written proof of correction shall be the responsibility of the Police Chief or his designee. If a re-issued permit is revoked, no new alarm user's permit may be issued for the same premises until a new or remodeled alarm system is installed which meets all standards required in this chapter. Ord. No. 1430 Page 8 (b) An additional fee as set forth by resolution of the city council shall be required prior to the re-issuing of an alarm users permit after the original permit has been revoked. 5.02. 105 Violation--Infraction. Any person, firm or corporation violating any provision of this chapter shall be guilty of an infraction for such violation and shall be subject to penalties as provided in Section 1.01. 155. 5. 02 . 110 Enforcement. (a) The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit shall not relieve such person from paying the permit fee or reimbursing the! City for false alarm response fees due and unpaid at the time of said conviction. Nor shall. payment of any permit fee or reimbursement of false alarm response fees prevent criminal prosecution for violation of any of the provisions of this chapter. (b) The amount of any permit fee or reimbursement for excessive false alarms shall be deemed a debt to the City. An action may be commenced in the name of the City in any court or competent jurisdiction for the amount of any delinquenc permit fees or reimbursement for excessive false alarms. All fees shall be deemed delinquent thirty (30) days after they are due and payable.. SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 6th day of _January _, 1993 AYES: Members Hodges, Lyons, Reller••Spurgin, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY O P LM SPRINGS, CALIFORNIA By City Clerk Mayor REVIEWED & APPROVED:_a�� rtl I HEREBY CERTIFY THAT the foregoing Ordinance 1430 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 6th day of January, 1993, and that same was duly published in the DESERT SUN, a newspaper, of, general circulation on December 26, 1992 January 11, 1993. UDITH SUMICH City Clerk