O 435 C.S.
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. ORDINANCE NO. 435 C.S.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE AMENDING
THE MUNICIPAL CODE TITLE S, BY ADDING
. CHAPTER 19 REGARDING ALARMS
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Title 5 of the Arroyo Grande Municipal Code is amended
by adding Chapter 19 as follows:
ALARMS
5-19.01 PurDose
The purpose of this Chapter is to reduce false alarms, and to
regulate burglary, robbery, fire and fire protection and medical I
attention alarm systems, and alarm businesses, agents and users. '
5-19.02 Definitions
For the purposes of this Chapter, words and phrases used in this
Chapter are defined as follows:
1. "Alarm agent" shall mean a person employed by an alarm
business, either directly or indirectly, whose duties include
selling, leasing, altering, installing, maintaining, moving,
repairing, replacing, servicing, responding to, or monitoring
an alarm system, or a person who manages or supervises a
person employed by an alarm business to perform any of the
duties described herein. '
2. "Alarm business" shall mean any business held by an
individual, partnership, corporation~ or other entity for the
purpose' of selling, leasing, altering, installing,
maintaining, moving, repairing, replacing, servicing,
responding to, or monitoring any alarm system in a building,
structure, or facility.
3. "Alarm system" shall mean any mechanical or electronic
device or series of devices which transmits a signal or
message , either directly or indirectly, to the Emergency
Dispatch Center; or which emits an audible or visual signal at
the alarm location, and which is designed to:
A. Detect unauthorized entry into any building,
structure, or facility; or
~ B. Signal the occurrence of an unlawful act upon the
premises; or
C. Detect a fire, or detect activation, equipment
problems, or the malfunction of a fire protection system;
or
D. Detect a hazardous material leak or system
malfunction; or
E. Signal the need for medical attention.
For purposes of this Chapter, devices operated by the City of
Arroyo Grande or devices which are not designed or used to
register alarms that are audible, visible or perceptible
outside of the protected premises are not included within the
meaning of Alarm system.
4. "Alarm user" shall mean the person, firm, partnership,
association, corporation, or organization of any kind that
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. owns, leases, rents, uses, or makes available for use by its
agents, employees, representatives, or family, any alarm
system.
5. "Chief of Police" shall mean the Chief of Police of the
city of Arroyo Grande, or his/her designated representative.
6. "'city" shall mean the City of Arroyo Grande.
7. "Day" shall mean calendar day.
8. "Department Head" shall mean the Chief of Police, the
Fire Chief, or their designated representatives.
9. "Direct Dial System" shall mean an alarm system which is .......
connected to a telephone line and, upon activation of an alarm
system, automatically transmits a message or signal to the
Emergency Dispatch Center, indicating a need for emergency
response.
10. "Emergency Dispatch Center" shall mean the communications
and dispatch center located at the Police Department facility.
11. "False alarm" shall mean an activation of an alarm system
through mechanical failure, malfunction, improper installation
or maintenance, or negligence of the alarm user when an
emergency situation does not exist. A determination as to
whether an alarm signal was a false alarm or an actual alarm
shall be made by the appropriate Department Head. "False
alarms" shall not include those alarms activated by
extraordinary meteorological, atmospheric, or other conditions
or means, as determined by the Department Head.
12. "Finance Department" shall mean the Finance Department of
the'City of Arroyo Grande. I
13. "Fire Chief" shall mean the chief of the Fire Department
of the City of Arroyo Grande or his/her designated
representative.
14. "Notice" shall mean written notice, given by personal
service upon the addressee, or, given by United States mail,
postage prepaid, addressed to the person to be notified at his
last known address. Service of such notice shall be effective
upon the completion of personal services, or, upon the placing
of the same in the custody of the united states Postal
Service.
15. "Private Alarm Dispatch Center" shall mean a center
maintained by an alarm business which receives emergency
signals from alarm systems, and thereafter immediately relays
the message by live voice to the Emergency Dispatch Center.
16. "Responsible Department" shall mean the city department '1
having the responsibility of providing emergency services upon
receipt of an alarm signal at the Emergency Dispatch Center.
For incidents related to fires, or water flow in fire
sprinkler systems, or other extinguishing agents in fire
protection systems, as well as medical attention, the Fire
Department is the responsible department. For incidents
related to burglary, robbery, unauthorized building entry,
etc., the responsible department is the Police Department.
5-19.03 Alarm System Standards
1. In General
A. The Council, upon recommendation of the Chief of
Police or Fire Chief, may prescribe minimum standards and
regulations for the construction and maintenance of all
alarm systems installed in the city. All equipment shall
meet or exceed these standards and regulations.
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I Ordinance 435 C.S.
B. No alarm system shall be installed unless the alarm
user has either a service agreement with an alarm
business qualified under this Chapter; or has available
a designated person who will respond to the site of an
activated alarm with the ability to deactivate the alarm.
2. A~dible Alarm Systems.
No audible alarm system shall be installed or used unless it
shall have an automatic reset capability, which shall silence
the alarm within 15 minutes of activation.
3. Silent Alarm Svstems.
A. No direct dial system shall be allowed within the
city.
B. All silent alarm systems shall be connected to a
private alarm dispatch center.
15-19.04 Alarm Business Standards
1. Alarm businesses operating with the City shall comply
with all state licensing requirements and operate in
accordance with the standards set forth in the state Alarm
company Act as to conduct of business and qualification of
employees, including alarm agents.
2. No person or company which installs, or otherwise
provides an alarm system, shall install such device or system
without the ability to provide 24-hour service for that
system. "Service" for the purposes of this section shall
include the ability to promptly repair a malfunctioning alarm
system, and, in any event, a service response,to the alarm
location shall be accomplished within 30 minutes of a request
for service. "service" shall also include the ability to
provide periodic maintenance necessary to assure normal
functioning of the system. This Section shall not apply to
persons or businesses who merely sell from fixed locations, or
who manufacture alarm systems, unless such persons or firms
also install, monitor, or service such systems.
3. Any alarm business operating a private alarm dispatch
center shall, within 1 minute of receiving notice that an
alarm has been activated, notify the Emergency Dispatch Center
of the activation. Notification shall normally be made via a
designated one-way telephone line which is dedicated solely to
the reporting of such notification.
4. Each alarm business that monitors fire alarm systems,
must comply with all sections of National Fire Protection
Association bulletin #71-1988 and as amended.
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, 5. It shall be the duty of the alarm bUS1ness to cooperate
fully at all times with the city and its employees. Every
alarm business shall, upon request during normal hours of
business, make any and all records and information in its
possession relating to alarm systems operating within the
city, available to personnel authorized by the Chief of Police
or the Fire Chief. Each alarm business must possess a valid
city business license.
5-19.05 Alarm Use standards
1. Alarm Permit.
A. All existing and prospective users of alarm systems
shall obtain an alarm user permit approved by the
responsible Department Head within sixty (60) days
following the effective date of the ordinance codified in
this Chapter, or prior to the installation and use of an
alarm system, as the case may be. A separate permit
"'104 . Ordinance 435 C.S.
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shall be required for each separate alarmed building or
facility, and for each separate alarm system.
Application for the permit, and a fee as established by
council resolution, must be filed for each year or part
thereof. Each telephone number, and signature of the
individual accepting responsibility for the proper
functioning and maintenance of the alarm system covered
by'the permit. A copy of the permit shall be posed upon
the premises where the alarm system is installed. Each
permit will bear the signature of the issuing official
and the Chief of the responsible department. All permits
shall expire one year after the date of issuance.
B. Application for permits more than sixty (GO) days
after the need for such permit arises, shall require the --.
payment of a one hundred percent (100%) penalty fee.
2. Alarm User/Representative ResDonSe.
The alarm user shall, at all times, insure that the Emergency
Dispatch Center is in possession of a minimum of three (3)
names, telephone numbers, and home addresses of persons with
24-hour access to the alarm location and the alarm system, who
are authorized to and will respond to the location where an
alarm has been activated. The response shall be wi thin a
reasonable time and, in any event, within JO minutes of being
requested to do so. At any time that one of these persons no
longer possesses such access to the alarm location, the alarm
user shall immediately notify the Emergency Dispatch Center
and, in any event, this notification shall be made with 48
hours of the time at which the person no longer possesses
access to the location.
J. False Alarms.
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A. It shall be the duty of the alarm User to properly
use the alarm system and to maintain it mechanically and
technically to insure safe and responsible operation and
minimize the number of false alarms. If the Chief of
Police or Fire Chief determines that a system lacks in
quality, components, servicing, or is improperly used by
the alarm user, he/she may require that modifications be
made to the system to make it comply with this Chapter.
B. False alarms shall be considered excessive when they
exceed three (J) activations in any twelve (12) month
period.
c. As provided by resolution of the city Council, a fee
shall be paid to the city by each alarm user for
excessive false alarms. The Police Chief or Fire Chief
shall cause to be issued a monthly bill for the unpaid
fees accrued during any monthly billing period and any l
prior periods. Such bill shall be due and payable within
thirty (JO) days after the billing date. I
D. A penalty of fifteen percent (15%) shall be added to I
the fees required by this section in connection with any
fees not paid in the time and manner set forth above.
E. The amount of any fee and late penalty assessed
pursuant to this article shall be deemed a debt to the
city, and an action may be commenced in the name of the
City an any court of competent jurisdiction in the amount
of the delinquent debt. Payment of any USer fees and
late charges shall not prohibit criminal prosecution for
the violation of any provisions of this Chapter.
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5-19.06 Enforcement and APDeals
1- Revocation
In addition to other remedies provided, the Department Head of
the responsible department may revoke an alarm user's permit
for a 'violation of this Chapter. !
2. Civil Penalties I
For violations of this Chapter; the Department Head of the
responsible department may assess a civil penalty of up to
$500.00 for each violation.
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3. Criminal penalties
A violation of this Chapter is punishable as a misdemeanor.
4. ApDeals :
The decision of a Department Head to revoke an alarm user's
permit; or to assess a civil penalty may be 'appealed to the
city counciL All appeals must be filed within thirty days of
receipt of notice of the Department Head's action.
SECTION 2. A summary of this ordinance shall be published in a
newspaper and circulated in said city at least five (5) days prior
to the city Council meeting at which the proposed ordinance is to
be adopted. A certified copy of the full text of the proposed
ordinance shall be posted in the office of the city Clerk. within
fifteen (15) days after adoption of the ordinance, the summary with
the names of those city Council members voting for and against the
ordinance shall be published again, and the city Clerk shall post
a certified copy of the full text of such adopted o~dinance.
On motion of Council Member smith , seconded
by Council Member Dougall , and on the following
roll call vQte, to wit:
AYES: Council Members smith, Dougall, Olsen, Moots and Mayor Millis
NOES: None ,
ABSENT: None
the foregoing Ordinance was passed and adopted this 12th day of
..- , 1991. :.:t tf.~ i.tfJk, I
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ATTEST: ~ a. Q,,~y~~ i
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I
- Y CLERK I
't Clerk of the city of Arroyo Grande,
I, NA;CianALu~~V~is~~ Ystate of california, do hereby certify
county 0 f' y that the foregoing Ordinance No. 435 C.S.
1;1nder ienalt~u~l p:~~u~orrect copy of said ordinance passed and
~~o;tedr~~ a regular meeting of said council on the 12th day of
March, 1991.
WITNESS my hand and the Seal of the city of Arroyo Grande
affixed this 18th day of March, 1991.
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CITY CLE
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