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HomeMy WebLinkAboutOrd. No. 1984-715 ORDINANCE N0. 715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, ADDING CHAPTER 9.30 TO THE MUNICIPAL CODE REGULATING SECURITY ALARM SYSTEMS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: CHAPTER 9.30.010: For the purposes of this chapter, the following definitions will apply: a. "Alarm System" is any 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 situation exists, and to which Peace Officers are expected to respond. b. "False Alarm" shall mean the activation of an alarm system necessitating response by Peace Officers when an emergency situation does not exist; provided alarms generated by natural disaster will not be considered false alarms. c. "Audible Alarm" is a device designed for the detection of the unauthorized entry on or attempted entry into a premise or structure or for alerting others of the commission of an unlawful act or both, and which-, when actuated, generates an audible sound on the premises. d. "Alarm Business" shall mean any person, firm, or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. e. "Alarm Agent" shall mean any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, or installing an alarm system in or on any building, place or premises. f. "Alarm User" shall mean any person using an alarm system at his place of business. g. "Person" shall mean any individual, partnership, corporation, or other entity. h. "Sheriff" shall mean the Sheriff of the County of Riverside, his deputies, and designated employees. i. "Non-Priority" shall mean that law enforcement response to the activation of an alarm will not be given precedence over any other calls and will be predicated upon availability of law enforcement personnel and other service needs. CHAPTER 9.30.020 The provisions of this ordinance are not applicable to audible alarms affixed to motor vehicles, unless the vehicle alarm is connected to a central monitoring system. CHAPTER 9.30.030 It shall be unlawful for any person, partnership, corporation, or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing, or monitoring an alarm system in or on any building, place, or premises within the City of Lake Elsinore without first having registered with the Sheriff. Such registration shall not be required for any business which only sells said alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accomplished by furnishing such information as may be required by the Sheriff, including but not limited to the full name of the business, the number of the license issued by the State Director of Consumer Affairs for the alarm business, and the name and business address of the manager of operations for the area which includes the City of Lake Elsinore. CHAPTER 9.30.040. It shall be unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing of an alarm system in or on any building, place, or premises within the City of Lake. Elsinore -2- without first having registered his name and filed with the Sheriff a copy of the alarm agent registration card issued to him by the State Director of Consumer Affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code. Nothing herein shall require a person to so register who is merely a salesman for any business not required to obtain an alarm business permit under the provisions of Section 3, if such salesman is engaged in sales of alarm systems only. CHAPTER 9.30.050. Any alarm business registered with the Sheriff shall, within 5 days, report address or ownership of the business address of the manager of operations the City of Lake Elsinore. Any person as an alarm agent shall, within 5 da change of business address. to the Sheriff any change of or the name or business for the area which includes registered with the Sheriff ~s report to the Sheriff any CHAPTER 9.30.060. No person shall install, or cause to be installed, use, maintain or possess an alarm system on premises owned by or in the possession of or in control of such persons within the City of Lake Elsinore without first having obtained an Alarm User's Permit from the Department of Building and Safety of the City of Lake Elsinore, in accordance with this chapter. The application for an Alarm User's Permit shall be submitted on a form as prescribed by the Director, Department of Building and Safety and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant, type or purpose of alarm, and the person who will render service or repairs during any hour of the day or night. The permit fee shall be determined by the Director, Department of Building and Safety. The permit shall be denied by the Director, Department of Building and Safety if the alarm system does not comply with the standards and regulations adopted pursuant to Section 7. CHAPTER 9.30.070. All alarm systems sold for installa- tion or installed in any place of business within the City of Lake Elsinore shall utilize approved Underwriter's Laboratories rated protection equipment. All electrical installations shall be in -3- accordance with applicable requirements of the Cit,Y of Lake. Elsinore Building Code and all necessary permits shall be obtained therefor. CHAPTER 9.30.080. Following law enforcement response to the activation of an alarm which investigation determines to be false and notification of said fact by the Sheriff, the alarm user shall file written report with the Sheriff within 72 hours upon notice to do so from the Sheriff. Such report shall contain all information pertaining to the activation of said alarm, any planned corrective action and projected date of correction. Where the alarm system is serviced by an alarm business, the report shall be made by such business and a copy forwarded to the alarm user by the alarm business. The investigation of any false alarm by any person other than members of the Sheriff's Department shall also result in the notification to the alarm user that such an incident. occurred and shall not relieve the alarm user or alarm business of the formal report responsibility provided for in this chapter. CHAPTER 9.30.090. Every place of business maintaining an alarm system shall either post or file with the Sheriff a notice containing the names and telephone numbers of the persons to be notified in case of emergency or alarm activation or to render service to the system during any hour of the day or night. The persons named shall include the occupant of the premises, or the alarm business or agents responsible for the maintenance of the system. If posted, such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; said notice shall be posted in such a position as to be clearly legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain current such notice whether posted or filed with the Sheriff. If service is unavailable, audible alarms which have emitted an alarm in excess of 30 minutes are hereby declared to be nuisances, and the Sheriff may cause such alarm to be disconnected -4- by a registered alarm agent, with the cost therefor to be a charge payable by the alarm user. CHAPTER 9.30.100. Every alarm business which monitors an alarm system located within the City of Lake Elsinore shall maintain on file a current listing of all such alarm systems including the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. said information shall be available to the Sheriff upon request of any authorized representative thereof. CHAPTER 9.30.110. Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system as defined herein on any place of business within the City of Lake Elsinore, other than those owned or occupied by said person, shall carry on his person at all times while so engaged, a valid State of California Agents Registra- tion Card and shall display such to any Peace Officer or Code Enforcement Officer upon request. CHAPTER 9.30.120. No person shall use or cause to be used any telephone device or telephone attachment that automat- ically selects a public telephone trunk line to the Sheriff's Department and then reproduces any pre-recorded message to report any unlawful act or emergency. CHAPTER 9.30.130. The Sheriff may designate an alarm system at a specific location as a nuisance if such alarm system actuates excessive false alarms. It is hereby determined that four (4) false burglar alarms within any three (3) consecutive calendar month period or two (2) false robbery alarms within any three (3) consecutive calendar month period is excessive and thereby constitutes a public nuisance. The Sheriff shall not consider any false alarm in his computation of nuisance alarms if such false alarm was generated by natural disaster, and not the result of the negligence of the alarm user, his agents or employees or a defect in the alarm system. The Sheriff shall suspend the permit of an alarm user whose alarm has been so designated a nuisance. The Sheriff shall serve the permittee with a written order of suspension, which shall state the reason for such suspension. The said order shall be effective immediately if personally served, or 48 hours after the same has been deposited with postage prepaid in the United States Mail. - 5 - Immediately upon such an order of suspension becoming effective, the alarm system shall receive non-priority response from the Sheriff's Department. The suspension of the alarm user's permit shall become a revocation fifteen (15) days after the order of suspension becomes effective unless the permittee presents to the Sheriff written verification that the system has been completely evaluated and the problem located and corrected, and the documentation exists that the alarm system of the alarm user falls within the acceptable alarm activation limit set forth in this chapter. Notice of revocation shall be served by personal service or by certified mail. If an alarm user's permit is revoked pursuant to this chapter, the permittee shall surrender said permit to the Sheriff. CHAPTER 9.30.140. Violation of this ordinance is an infraction and is punishable by a fine of not more than five hundred dollars ($500.00). Revocation of a permit shall not be a defense against prosecution. The conviction or punishment of any person for violation of the provisions of this ordinance or for failing to secure a permit as required by this ordinance shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the County or by the City of Lake Elsinore shall not bar the use of any other remedy for the purpose of enforcing the provisions of this ordinance. The amount of the permit fee shall be deemed a debt to the City of Lake Elsinore. An action may be commenced in the name of the City of Lake Elsinore, in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent thirty (30) days after they are due and payable. -6- CHAPTER 9.30.150. If any chapter, subchapter, sentence, clause, or phrase of this ordinance as herein enacted or the application thereof to any person or circumstances is held invalid or unconstitutional by decision of any court of competent jurisdiction, such invalidity shall not affect the other provisions or applications of this ordinance, or any chapter or portion of chapter hereof, which can be given effect without the invalid provisions or application and of this chapter are, and are intended Council hereby declares that it would and each chapter, subchapter, clause, irrespective of the fact that any one subchapters, clauses or phrases may b unconstitutional. to this end the provisions to be, severable. The City have passed this ordinance or phrase thereof or more other chapters, __ declared invalid or CHAPTER 9.30.160. The provisions of this ordinance and the requirements therein shall become operative ninety (90) days after the effective date of this ordinance for those persons conducting an alarm business or engaged as an alarm agent within the City of Lake Elsinore on such effective date; provided, however, the aforementioned persons who have filed an application as required herein for an alarm business permit may continue doing business after such operative date until such application has been processed. All persons not conducting an alarm business or engaged as an alarm agent within the City of Lake Elsinore on the effective date of this ordinance shall not commence such operation until the necessary alarm business permit required by this ordinance has been issued or the registration required by this ordinance for an alarm agent has been completed. The provisions of this ordinance relating to the alarm users permit shall become operative one hundred twenty (120) days after the effective date of this ordinance for those persons using, maintaining, or possessing an alarm system on premises owned or in the possession or control of such person within the City of Lake Elsinore if said system was installed or in operation prior to the effective date of this ordinance. Any person -7- installing, or causing to be installed an alarm system on premises owned or in possession or control of such person within the City of Lake Elsinore on or after the effective date of this ordinance shall not commence such installation until the necessary alarm users permit required by this ordinance has been issued. CHAPTER 9.30.170. This Ordinance shall become effective thirty (30) days after its adoption. CHAPTER 9.30.180. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 24th _ day of July 1984, upon, the following roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE ABSENT: NONE ABSTENTIONS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of August 1984, upon the following roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE ABSENT: NONE ABSTENTIONS: NONE ~?r%2~/ Arta V lenzuel Mayor ATTEST: Jo Ann Mo ey, City erk -8- `5. STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Pioney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on Ju1~24. 1984 and had its second reading on August 14, 1984 and was passed by the following vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE J NN P10P~EY, CI' Y LERK C T OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 715 of said Council, and that the same has not been amended or repealed. DATED: August 15, 1984 J NN MONEY, CITY C ERK Y OF LAKE ELSINORE (SEAL)