HomeMy WebLinkAboutTC Ord 1993-09-01
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ORDINANCE NO. 398 N.S.
~ AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING CHAPTER 29 OF
THE TIBURON MUNICIPAL CODE REGARDING ALARM
SYSTEMS AND ENACTING A NEW CHAPTER 29
The Town Council of the Town of Tiburon does ordain as follows:
.
SECTION 1. The existing Chapter 29 of the Tiburon Municipal Code (False
Burglar AIarms) is hereby repealed in its entirety.
SECTION 2. A new Chapter 29 is hereby added to the Tiburon Municipal
Code to read as follows:
Chapter 29
BURGLAR ALARM SYSTEMS
Sections:
.,. Sec. 29-1 Findings and Purpose
L. Sec. 29-2 Definitions
Sec. 29-3. Administration
Sec. 29-4. AIarm business registration.
Sec. 29.5. AIarm business notification of installation.
Sec. 29-6. AIarm permits required.
Sec. 29-7. AIarm permit conditions.
Sec. 29-8. Automatic dialing and direct connection systems prohibited.
Sec. 29-9. False alarms prohibited.
Sec. 29-10. False alarm fees and penalties.
Sec. 29-11. Suspension of alarm permit
Sec. 29-12. Appeals.
Sec. 29-13. Enforcement.
Section 29-1. Findines and Purnose.
There are a substantial number of burglar alarms received by the Tiburon
Police Department. It is the policy and practice of the Tiburon Police Department
to respond to all alarms and prepare a report for each response. Most of these
alarms are false and are the result of improper maintenance or use of an alarm
, system.
drafted 8/11/93 1
False alarms needlessly divert limited police resources from genuine alarms
I ~ and other emergencies. Police officers responding to false alarms are not available
I to perform other necessary police duties.
I
I
I The purpose of this ordinance is to reduce the number of false alarms in
I
i order to conserve police personnel time and increase protection for all citizens of the
I
I Town. This purpose is accomplished by providing minimum standards for
I installation and operation of alarm systems. This ordinance also imposes the costs
i
i of responding to false alarms ,on the alarm user and imposes penalties for false
I alarms.
I In addition, this ordinance requires alarm users to obtain an annual alarm
I
I
I permit. The purpose of this permit is to increase police effectiveness and promote
,
,
I public safety by allowing the police department to maintain current, accurate
emergency information for all alarm systems in the Town of Tiburon.
Section 29-2. Definitions.
For purposes of this Chapter, the following words and phrases shall have the
following meaning:
(a) "AIarm agent" means any person employed by an alarm business whose
~ duties include installing, maintaining, repairing, replacing or servicing an alarm
system or responding to same.
(b) "AI arm business" means any person operating for any consideration
who is engaged in the installation, maintenance, alteration or servicing of alarm
systems or who responds to such alarm systems.
(c) "AIarm system" means an assembly of equipment and devices arranged
to signal the presence of any condition upon premises within the Town of Tiburon
to which the police department normally responds. The term "alarm system" shall
include equipment which is designed to detect an emergency, or which is designed
to be activated by a person to report an emergency. AIarm systems include, but are
not limited to, local alarm systems and central station alarm systems. AIarm
systems shall not include audible alarms affixed to automobiles.
(d) "AIarm user" means any person who owns, leases, is the agent of the
owner or lessee of, or otherwise is in possession or control of a premises on which
an alarm system has been installed and operates.
(e) "Audible alarm system" means an alarm system which is capable of
being heard outdoors when it is activated.
p drafted 8/11/93 2
(f) "Automatic telephone dialing alarm system" means an alarm system
~ which utilizes a device which automatically transmits a pre-recorded message over
telephone lines to a number in the Town's communication center.
(g) "Central station alarm system" means an alarm system which transmits
the alarm signal to a facility where operators monitor the system and retransmit the
sigual to the Town's communications center.
(h) "Chief of Police" means the Chief of the Tiburon Police Department or
the Ciders designee.
(i) "Direct connection alarm system" means an alarm system which
transmits an alarm signal directly to the Town communications center.
(j) "Emergency" means the commission or attempted commission of any
felony, unauthorized entry into premises or any act of violence.
(k) "False alarm" means an alarm signal resulting in a response by the
police department when an emergency does not exist. An alarm shall be presumed
false if the responding officer(s) does not locate any evidence of an intrusion or of
the commission of an unlawful act or emergency on the premises which might have
caused the alarm to sound. AIarms caused by earthquakes, hurricanes, tornadoes,
~ or other "violent" acts of nature, shall not be deemed false alarms.
(I) "Local alarm system" means an alarm system which is operated by the
user who is normally responsible for its operation. The alarm signal is annunciated
only on the premises.
(m) "Person" means an individual, partnership, unincorporated association
or corporation.
(n) "Premises" means any land and building located within the Town of
Tiburon except land or buildings owned or leased by the federal government, State
of California or any political subdivision of the state, including public services.
(0) "Town communications center" means the Tiburon Police Department,
the Southern Marin Communications Center or any other entity providing police
dispatching services for the Tiburon Police Department.
(p) "Town manager" means the Town Manager of the Town of Tiburon or
the Manager's designee.
II drafted 8/11/93 3
Section 29-3. Administration.
~ The provisions of this Chapter shall be administered and enforced by the
Chief of Police. The Chief of Police is authorized to make inspections of alarm
systems and the premises where such systems are located to determine whether an
alarm permit is required. The Chief of Police shall also have the authority to make
and enforce such rules and regulations as are necessary to implement the provisions
of this chapter.
Section 29-4. Alarm Business Rel:istration.
(a) Every alarm agent or alarm business conducting business in the Town
of Tiburon shall first register with the Chief of Police by providing proof that the
person or business has (1) a current, valid AIarm Operators License issued by the
State of California, and (2) a current business license issued by the Town of
Tiburon.
(b) Upon registering with the Chief of Police, every alarm agent or alarm
business shall be provided with a copy of this Chapter, any Town Council resolutions
establishing fees or penalties authorized by this Chapter and any rules and
regulations adopted by the Chief of Police for the purpose of implementing this
Chapter.
~. (c) No alarm business shall sell, install or maintain any such system in the
Town of Tiburon without providing continuous twenty-four (24) hour service for such
system.
Section 29-5. Alarm Business Notification of Installation.
(a) AIarm businesses shall notity the Tiburon Police Department each time
the business sells or installs an alarm system within the Town of Tiburon. This
notification shall be in writing, and shall be made within ten (10) days of each such
sale or installation or a change in any of the following required information:
(1) The name, address, and telephone number of the alarm business
or its alarm agent.
(2) The address where the alarm system has been installed, the
name of the alarm users and their business addresses and
telephone numbers, and residential address and telephone
number.
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(3) The name of at least one other person responsible to respond to
~ the alarm site in the event the alarm is activated and his or her
business address and telephone number, and residential address
and telephone number.
(4) The type of alarm system installed and the emergency or
unlawful act it is designed to detect.
. (b) AIarm businesses shall notity the Tiburon Police Department each time
the business activates an alarm system during the installation, repair or testing of
such system if the activation results in an audible signal that can be heard outside
of the building or premises, or the alarm, whether audible or silent, could otherwise
result in the Tiburon Police Department responding to a false alarm.
Section 29-6. Alarm Permits ReQuired.
(a) No alarm user shall install and/or operate an alarm system on any
premises within the Town ofTiburon unless such person or business has been issued
a permit pursuant to the provisions of this Chapter. AIarm users with existing
alarm systems in use on the effective date of this Chapter shall have until January
1, 1994 to apply for the permit required by this section.
~ (b) Applications for permits and renewals of permits shall be filed in writing
with the Chief of Police, on a form provided by the Chief of Police, along with a non-
refundable application or renewal fee in the amount set by the Town Council by
resolution.
(c) The alarm permit will be issued by the Chief of Police if all of the
conditions set forth in Section 29-7 are satisfied. Denial of a permit may be
appealed pursuant to Section 29.12.
(d) An alarm user permit shall be valid for two years from the date of
issuance. During that time, the permit shall not be transferable and shall terminate
when there is a change of alarm user, change of location or upon suspension.
(e) Upon reinstatement of a permit which has been suspended in
accordance with this Chapter, the same fee shall be required for reinstatement as
would be required for an original permit.
(f) Ail governmental entities shall be exempt from fees for permits, but
shall be subject to all other provisions of this Chapter.
~ drafted 8/11/93 5
(g) The information contained on the application form and any subsequent
~ inspection or investigation notes, reports, or files pertaining to the alarm user shall
be confidential and not open to public inspection. It is hereby declared that this
information is critical to the safety and security of the alarm user and law
enforcement personnel and that the public interest served by not disclosing said
information to the public clearly outweighs the public interest served by disclosing
said information.
(h) The permit shall list the alarm business, alarm agent or other person
responsible for operation and maintenance of the alarm and at least one other
person who may be contacted in an emergency or to confirm an alarm.
(i) Upon issuance of an alarm permit or the renewal of a permit, the Chief
of Police shall provide the alarm user with information regarding the provisions of
this Chapter and allY applicable fees or penalties adopted by the Tiburon Town
Council and in effect at that time.
Section 29-7. AIarm Permit Conditions.
Every alarm user within the Town of Tiburon shall comply with the following
conditions. The breach of any of these conditions shall be sufficient cause for
suspension of the permit by the Chief of Police.
~ (a) It shall be unlawful to buy, sell, install, or operate within the Town of
Tiburon an audible alarm system which upon activating emits a sound similar to
sirens in use on emergency vehicles or for civil defense purposes. For purposes of
this section, any electronic sounding device that produces a variable pitch-tone shall
be considered similar to an emergency vehicle siren. This section shall not apply to
sirens mounted inside a building which cannot be heard from outside of the
building.
(b) It shall be unlawful to install on the exterior or interior of a building
an alarm system which, upon activation, emits a sound exceeding 85 decibels when
measured from outside the premises. It shall also be unlawful to install on the
interior of a building an alarm system which, upon activation, emits a sound
exceeding 95 decibels.
(c) Every owner maintaining an audible alarm shall post a notice
containing the name and telephone number of the alarm business, alarm agent or
other person responsible for operation or maintenance of the alarm. This notice
shall be posted near the alarm so that it is legible from the ground adjacent to the
building.
p drafted 8/11/93 6
(d) The alarm system must be equipped with an automatic shut-off device
~ which shall silence the alarm or turn off all exterior pulsating lights, except alarm
indicator lights, within fifteen minutes.
(e) It is the responsibility of the alarm user to ensure that emergency
information on the alarm permit is current. The Chief of Police shall be notified
within thirty (30) days of any changes in individuals responsible for the operation
of the alarm system.
. (I) AIarm users, alarm businesses or alarm agents, when requested by the
Tiburon Police Department, shall have the alarm user, a representative of the alarm
business or other responsible person respond to the scene of the alarm within one
(1) hour of the request to render necessary service. This service shall include, but
is not limited to, opening the premises for building searches, resetting the alarm
system(s) and securing the building as necessary.
(g) Ail components comprising an alarm system must be maintained in
good repair to assure reliability of operation.
(h) The sensory mechanisms used in connection with all alarm systems
shall be adjusted to suppress false alarms.
t: (i) Ail alarm systems shall be supplied with an uninterruptable backup
power supply which will automatically assume the operation of the alarm system
should normal electrical service be interrupted. The backup power supply shall be
capable of at least four (4) hours of operation. The transfer of power from the
primary source to the backup source must occur in a manner which does not
activate the alarm.
G) Any building containing two or more separate and distinct living units
or businesses which are equipped with alarms shall display in a conspicuous ,place,
at or near the entrance to the building, a visual or audible device indicating which
of the alarms has been activated.
(k) In the event that a group of alarm users are placed on a single
incoming line, the system must be so designed as to reset itself within om~ minute
so as to afford protection to the rest of the alarm users 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 users.
(I) AIarm users with existing alarm systems in use as of the effective date
of this ordinance shall have until January 1, 1994, to either bring their system into
compliance with the requirements of this section, request an extension of time to
p comply or request an exemption from the requirements of this section. Requests for
drafted 8/11/93 7
extensions of time or exemption shall be made in writing to the Chief of Police who
~ may grant such requests upon finding that to do so would not frustrate the purposes
of this Chapter.
Section 29-8. Automatic Dialinl! and Direct Connection Svstems Prohibited.
It shall be unlawful to buy, sell, install or operate any alarm system which,
when activated, causes an alarm to be sent directly to the Town Communications
Center or Tiburon Police Department by an automatic dialing system, a direct
connection alarm system, or any other means.
Section 29-9. False Alarms Prohibited.
No alarm user shall operate or maintain an alarm system which emits false
alarms.
Section 29.]0. False Alarm Fees and Penalties.
(a) AIarm users with a valid, current alarm permit on file with the
Tiburon Police Department shall be subject to false alarm fees and penalties
beginning with the third false alarm occurring in each 12 month period after
~ issuance of the permit. AIarm users shall not be charged for more than one false
alarm penalty in any single calendar day unless the false alarms are directly caused
by the user. The amount of the fees and penalties shall be established by the Town
Council through adoption of a resolution.
(b) AIarm users without a valid, current alarm permit (including those
with suspended permits) shall be subject to false alarm fees and penalties for each
and every false alarm. AIarm users shall not be charged for more than one false
alarm penalty in any single calendar day unless the false alarms are directly caused
by the user. The amount of the fees and penalties shall be established by the Town
Council through adoption of a resolution.
(c) Failure to pay false alarm fees and penalties may be cause for
suspension of the alarm permit.
(d) The Chief of Police may waive false alarm fees and penalties if an
examination of the facts indicates the alarm system was activated under unusual or
extraordinary circumstances. In addition, fees may be waived for up to 30 days
to allow for adjustments to correct mechanical and/or operational problems for any
new, improved or replaced alarm system. Requests for waiver shall be made in
writing and shall be processed under the provisions of Section 29-12.
, drafted 8/11/93 8
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(b) If the alarm user is dissatisfied with the decision of the Chief of Police,
r they may file a letter of appeal to the Town Manager. The Town Manager shall set
.. a time and place for a hearing which shall be no more than fifteen (15) days after
the Manager's receipt of the letter of appeal. Failure to file a timely letter of appeal
to the Manager shall be a waiver of the alarm user's right to a hearing.
(c) At the time and place set for the hearing upon the appeal, the Town
Manager shall hear evidence from the appellant and/or any other interested party.
The burden of proof shall be upon the appellant ,to show that there was no
substantial evidence to support the Chief of Police's action.
(d) Within five (5) days after the conclusion of the hearing, the Town
Manager shall render a decision on the appeal. The decision shall be final. Notice
of the decision shall be mailed to the appellant within three (3) days of the decision.
If the appeal is denied and involves a suspension of a permit, the notice shall inform
the alarm user of the exact date that the suspension shall commence, which shall in
no event be sooner than five (5) days after notice of the decision has been mailed.
Section 29-13. Enforcement.
Any person or business violating any provision of this Chapter shall be guilty
of an infraction. Upon conviction on an infraction, a person shall be subject to
~ payment of a fine, not to exceed the limits set forth in Government Code Section
36900. After the third conviction for a violation of this Chapter within any twelve
(12) month period any subsequent violation within a twelve (12) month period may
be punished as a misdemeanor.
SECTION 3. SEVERABILIlY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Ordinance. The Town Council of the Town of Tiburon hereby
declares that it would have passed this Ordinance, any section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
, drafted 8/11/93 10
SECTION 4. EFFECTIVE DATE.
. This Ordinance shall take effect and be in force thirty (30) days after the date
of passage. Pursuant to the provisions of Government Code Section 36933, a
summary of this ordinance shall be prepared by the Town Attorney. At least five (5)
days prior to the Council meeting at which adoption of the ordinance is scheduled,
the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after adoption of
this ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the
office' of the Town Clerk a certified copy of the full text of the ordinance along with
the names of those Council members voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on August 4,1993, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on September 1, 1993 by the following vote:
AYES: COUNCILMEMBERS: Thayer, Thompson, Nygren, Kuhn,
Friedman
NOES: COUNCILMEMBERS: None
III ABSENT: COUNCILMEMBERS: None
~
/"-7.'~ ~;,O
MICHAEL FRIEDMAN, MAYOR
Town of Tiburon
, drafted 8/11/93 11