HomeMy WebLinkAboutTC Ord 1996-01-17
r ORDINANCE NO. 416 N.S.
, AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING CHAPTER 29 OF
THE TmURON 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Burglar Alarms) is hereby repealed in its entirety.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
Sec. 29-2 Definitions
Sec. 29-3. Administration
Sec. 29-4. Alarm business registration.
Sec. 29-5. Alarm business notification of installation.
Sec. 29-6_ Alarm permits required.
Sec. 29-7. Alarm permit conditions.
Sec. 29-S. Automatic dialing and direct connection systems prohibited.
Sec. 29-9. False alarms prohibited.
Sec. 29-10. False alarm fees and penalties.
Sec. 29-11. Resvonsecance"arion.
Sec. 29-12. Suspension of alarm permit
Sec. 29-13. Reactivation of resvonse.
Sec. 29-14. Appeals.
Sec. 29-15. Enforcement.
Section 29-1. Findinl!s and Purpose.
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
I Ordinance No. 416 ~ False Alann Ordinance (January, 1996) 1
,.-- false and are the result of improper maintenance or use of an alarm system.
~ False alarms needlessly divert limited police resources from genuine alarms and
other emergencies. Police officers responding to false alarms are not available to
perform other necessary police duties.
The purpose of this ordinance is to reduce the number of false alarms in order
to conserve police personnel time and increase protection for all citizens of the Town.
This purpose is accomplished by providing minimum standards for installation and
operation of alarm systems. This ordinance also imposes the costs of responding to false
alarms on the alarm user and imposes penalties for false alarms.
In addition, this ordinance requires alarm users to obtain an annual alarm
permit. The purpose of this permit is to increase police effectiveness and promote
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:
I (a) "Alarm 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) "Alarm 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) "Alarm 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. Alarm systems include, but are not
limited to, local alarm systems and central station alarm systems. Alarm systems shall
not include audible alarms affixed to automobiles.
(d) "Alarm 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.
I Ordinance No. 416 - False Alann Ordinance (January, 1996) 2
,- (e) "Audible alarm system" means an alarm system which is capable of
being heard outdoors when it is activated.
,
(I) "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
signal to the Town's communications center.
(h) "Chief of Police" means the Chief of the Tiburon Police Department or
the Chiers 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
I 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. Alarms 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.
M "Public nuisance" mean,~ an alarm svstem that is falselv activated more
than eil!ht time.~ in a "365-dav" fJeriOlL
l Ordinance No. 416 - False Alann Ordlnance (January, 1996) 3
r (p) "Town communications center" means the Tiburon Police Department, the
Southern Marin Commnnications Center or any other entity providing police
dispatching services for the Tiburon Police Department.
(q) "Town manager" means the Town Manager of the Town of Tiburon or
the Manager's designee.
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 Alarm Operators License issued by the State of
I California, and (2) a current business license issued by the Town ofTiburon.
(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.
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 ofInstallation.
(a) Alarm businesses shall notify 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.
l Ordinance No. 416 ~ False Alarm Ordinance (January. 1996) 4
r (2) The address where the alarm system has been installed, the name
of the alarm users and their business addresses and telephone
l numbers, and residential address and telephone number.
(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) Alarm businesses shall notify 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.
{fl. Alarm businesses sltall notifv tlteir customers of all cltanl!es in tlte Burl!lar
Alarm Svstem Ordinance.
, Section 29-6. Alarm Permits ReQuired.
(a) No alarm user shall install and/or operate an alarm system on any
premises within the Town of Tiburon unless such person or business has been issued
a permit pursuant to the provisions of this Chapter. Ala"" use. S .. ith e,.;st;"l; ala. <lI
.,SlbllS i" u.e Od th" dfa;ct;.e d..ta; of th;. CI..Ipte. sh.lll ha." u"til Jauu..., 1, 1994 to
applJ' CUI the pellua .(qu;I~J L". th;;, ~~~l;ol..
(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 29-13.
(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.
l Ordinance No. 416. Fabe Alann Ordinance (January, 1996) 5
r (e) Upon reinstatement ofa 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.
(I) All governmental entities shall be exempt from fees for permits, but shall
be subject to all other provisions of this Chapter.
(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 any applicable fees or penalties adopted by the Tiburon Town Council
and in effect at that time.
, Section 29-7. Alarm 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.
l Ordinance No. 416 - False Alann Ordinance (January, 1996) 6
r (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.
(d) The alarm system must be equipped with an automatic shut-off device
which shall silence the alarm and/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 all 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 and/or a change in the alarm company.
(I) Alarm 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.
r (g) All 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.
(I) All 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 one 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.
L Ordinance No. 416 - False Alann Ordinance (January, 1996) 7
~ (I) Alarm users with existing alarm systems in use as of the effective date of
this ordinance shall have until January 1, 1996, to either bring their system into
- compliance with the requirements of this section, request an extension of time to
comply or request an exemption from the requirements of this section. Requests for
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 29-10. False Alarm Fees and Penalties.
r (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 fourth false alarm occurring in ".1(1. 12 .1luutI. a calendar l'ear period after
i5sua".." "f the /le. ...il. Alarm 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) Alarm 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. Alarm users shall not be charged for more than one false alarm penalty in
any twentv-four hour period siu"le calelld... da)' 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.
{fl Alarm users without a valid permit shaTT have thim (30) dal's to obtain a
permit after receil'inf! notice of the falu alarm penaltv. If a permit is obtained within that
time. $50 shaTT he taken off the alarm fee.~ and penalties.
(d) Failure to pay false alarm fees and penalties may be cause for suspension
of the alarm permit.
l Ordinance No. 416 . FllIH Alann Ordinance (January. 1996) 8
,-- (e) 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 29-14.
(t) The amount of any false alarm fees and penalties imposed pursuant to
the authority of this Chapter shall be deemed a debt to the Town of Tiburon. An
action may be commenced in the name of the Town in a court of competent jurisdiction
for the amount of any unpaid fees and penalties as well as any fees or charges required
to file and pursue such civil action.
(g) The Chief of Police may, in the exercise of his discretion, direct that the
police department shall not respond to a premises under the following circumstances:
there have been repeated false alarms in one calendar day and the alarm user, business
or other responsible person cannot come to the premises, correct the problem or turn
off the alarm system. The d"..;";O,1 dot Iv '''~IlO'ld .1.",11 'lot t,,, d'fttl;." fo. Iv"!;,,. than
.ne.l (7) d..p. The alarm user shall be responsible for any fees or penalties incurred
prior to the decision not to respond.
Section 29-11. Response Cancellation
J
l!!1. The police department shall have no oblitmtion to respond to an alarm
sl'stem which has been deemed a public nuisance. as defined in Section 29-2. Upon
reachinf! completion of the above definition. upon meetinf! anl' or all of the below listed
criteria. and upon notice a.~ {lescribed below. the police department shall no lonf!er
respond to the alarm sif!nal.
ill The violation of anl' of the vrovisions of the vermit af!reement:
ill When an alarm svstem actuates excessil'e false alarms and. therebv.
constitutes a nuisance as defined herein:
ill JVhen the applicant or permittee. or his emplovee or arIent. has
knmvinf!lv made anl' false. misleadinf! or fraudulent statement of a
material fact in the application for a permit or in anl' report or
record required to be filed with anl' Town af!encv.
f1l When the alarm user faiTs to pal' fees or penaltie.~ within 60-dal's.
ill When police respond to a false alarm within 30-dal'.~ after a
rCl'ocation of response has been reinstated
@ Response to a location shall not be revoked due to non-acQui.\.ition of an
Ordinance No. 416 - False Mann Ordinance (January, 1996) 9
r Alarm Permit.
l5i If an alarm location's status is on a "Response Cancellation" status at the
end of a calendar vear. for pumoses of calculatint! total responses for relatint! to
cancellation. the total number of responses shall not rel'ert to zero and will be cumulative.
{d The owner and/or licensee of an alarm svstem which constitutes a public
nuisance as defined in this chapter shall be notified bv the chief of police. or his desit!nee.
that the police department is under no oblit!ation to respond to the premises of an alarm
which constitutes a public nuisance. The chief of police. in the case of such revocation.
shall serve the permittee with a written order of revocation which shall state the reasons
for such revocation. The order shall be deposited in the United States mail as soon as
possible after such alarm has been constituted as a public nuisance or personallv served
Said order shall be effective immediatelv. if persanallv sen'ed. or fortv-eit!ht hours after
the same has been deposited in the course of transmission in the United States Postal
Sen'ice.
Ul Notlnvithstandint! the effectil.eness of an order of revocation. the permittee
mar continue the use of anI' alarm svstem reauirint! a permit until the appeal process has
been exhausted. unless the chief of police. or his desit!nee. determines that the continued
operation of such alarm svstem interferes with the safe and efficient operation of the
J public safetv department involved The owner of an audible alarm svstem shall be
reauired to immediatelv deactil'Ote the audible portion of the svstem. upon notification
that the svstem is a public nuisance.
Section 29-12. Susnension of Alarm Permit.
(a) Upon evidence that any of the permit conditions set forth in Section 29-7
has been violated or that false alarm fees and penalties have not been paid, the Chief
of Police may suspend an alarm permit. The suspension shall become effective fifteen
(IS) days after written notice of the suspension is mailed by the Chief of Police to the
alarm user and alarm business listed on the permit unless aD appeal is filed pursuant
to Section 29-14.
(b) The suspension shall be lifted once evidence is presented to the Chief of
Police establishing that the violations have been corrected 01' and the alarm fees and
penalties have been paid.
Section 29-13. Reactivation of Response.
Response to an alarm location shall be reactil'Oted under the followint! conditions:
{!!1. Acceptance of proof bv the alarm user or alarm companv of correction of
[ Ordbtance No. 416 - False Alann Ordinance (January. 1996) 10
...-..-
,- the problem which actil'ated the alarm: and.
, ill Acceptance ofproofbv the Chief of PoTice: and.
lrl Pavment of past due penalties.
Section 29-14. Appeals.
An alarm user whose application for a permit has been denied, has had their
permit suspended or poTice response revoked or has been denied a waiver of fees or
penalties by the Chief of Police may appeal that decision.
(a) The initial appeal shall be to the Chief of Police. A letter of appeal must
be filed with the Chief of Police within fifteen (15) days of the mailing of the letter of
notification of the proposed action. While the appeal is pending, the action proposed
by the Chief of Police shall not be implemented. This initial appeal shall be informal
and no written decision need be prepared. Failure to file a timely appeal shall
constitute a waiver of the alarm user's right to appeal provided however, that the Chief
of Police may in his discretion waive the fifteen (15) day limit if good cause is shown or
there is cause to believe that it might encourage substantial cooperation from the alarm
user.
r (b) If the alarm user is dissatisfied with the decision of the Chief of Police,
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- I So Enforcement.
I Ordinance No. 416 - False Alann Ordinance (January, I9%) 11
.-- 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. SEVERABILITY.
H 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.
SECTION 4. EFFECTIVE DATE.
I 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
ofthose Council members voting for and against the ordinance.
l Ordinance No. 416 - False Alann Ordinance (January, 1996) 12
,--
~ This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on January 3, 1996, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on January 17, 1996, by the following vote:
AYES: COUNCILMEMBERS: Hennessy, Thayer, Thompson, Wolf
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ginalski
$'v7 tvvy'
NICKY WOLF, MAYOR
Town ofTiburon
r ~
DIANE L. CRANE, TOWN CLERK
( Ordinance No. 416 - False Alann Ordinance (January, 1996) 13
---,-_.---,._--
r- EXHIBIT 1
I FEES AND PENALTY SCHEDULE FOR
ALARM PERMITS AND FALSE ALARMS
1. Alarm User Permit
- Initial Permit (valid 2 years) $25.00
- Renewal (valid 2 years) $15.00
2. False Alarm Fee and Penalty based on Calendar
Year Period (No user shall be charged more than
$200 in fees and penalties in any calendar day).
A. ALARM USER WITH VALID PERMIT
. First - Third False Alarm(s) No Charge
I . Fourth and Subsequent False Alarms $100
(Fee - $50)
(penalty - $50)
B. ALARM USER WITHOUT VALID PERMIT
(No permit or suspended permit)
. First and Subsequent False Alarms $100
(Fee - $50)
(Penalty - $50)
(Note: If alarm user obtains a permit within
30-days of notice of the alarm penalty, $50 shall
be taken off the alarm penalty).
I Ordinance No. 416 - False Alaml Onlinan4:e (January, 1996) 14