El Centro Municipal Code Art. XII Security and Fire Alarm Systems

Footnotes:

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Editor's note— Ord. No. 19-07, § 1, adopted Sept. 17, 2019, repealed the former Art. XII., §§ 16-370—16-382, and enacted a new Art. XII as set out herein. The former Art. XII pertained to similar subject matter and derived from Ord. No. 04-09, §§ 1, 2, 10-6-04.

The purpose of this article is to encourage the proper and effective use of security and fire alarm systems thereby reducing unnecessary responses by city personnel and equipment to preventable false alarms by setting forth the required permits and fees therefore, and to provide punishment of violations of provisions of this article.

(Ord. No. 19-07, § 1, 9-17-19)

(a) The provisions of this article shall not apply to the city.

(b) The United States Government, the state, county, and municipal corporations and departments and subdivisions thereof, are exempt from the fees required by this article.

(c) The provisions of this article are not applicable to audible alarms fixed to automobiles.

(Ord. No. 19-07, § 1, 9-17-19)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm agent means any person who is employed either directly or indirectly by an alarm business which is licensed under the laws of the state, whose duties include any of the following: selling, maintaining, leasing, monitoring, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, structure or facility.

Alarm business means the business which is licensed under the laws of the state and engaged in the manufacturing, selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be manufactured, sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

Alarm system means any mechanical or electrical device which is designed or used for the detection of fires or any unauthorized entry into a building, structure, or facility or for alerting others of the commission of an unlawful act or fire within a building, structure or facility, or both, and which emits a sound or transmits a signal when actuated.

False alarms means an alarm signal eliciting an emergency response from the police or fire department when a situation requiring such a response does not in fact exist, but does not include an alarm signal caused by violent natural conditions (e.g. electrical disturbances or earthquakes), or other extraordinary circumstances that would activate an alarm system in reasonably good working condition. Upon failure of the police or fire department to find any evidence of intrusion, fire or other need or cause for activating an alarm system, a conclusive presumption of false alarm will be made.

Fire alarm means an alarm designed or used for the detection of a possible fire within a building, structure, facility or both, which alarm emits a sound or transmits a signal when activated; this does not include any devices installed by others.

License collector means the city finance director or his authorized designee or representative charged with the administration of the business license tax program.

Permittee means any person who is granted a permit as provided in this article, and his agents and representatives.

Residential means a building of four or fewer residential units.

Security alarm means an alarm designed or used for the detection of any unauthorized entry into a building, facility or both for alerting others to the possible commission of an unlawful act within that building, structure or facility, and that emits a sound or transmits a signal when activated.

Subscriber means any person who purchases, leases, contracts for or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system from an alarm business.

(Ord. No. 19-07, § 1, 9-17-19)

(a) It is unlawful for any person 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 without first having registered with the police department and submitting such form as may be required; provided, however, such registration shall not be required for any business which only sells or leases the alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accompanied by a city business license, 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.

(b) Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system as defined herein on any premises within the city, other than premises owned or occupied by said person, shall carry on his person at all times while so engaged a valid state alarm agents' registration card and shall display such card to any police officer upon request.

(c) Any alarm business or alarm agent shall, prior to the installation of an alarm system, provide the person using the alarm with a city provided application for security alarm user's permit form and a copy of "penalty assessment for false alarms."

(Ord. No. 19-07, § 1, 9-17-19)

Any alarm business registered with the police and/or fire department as set out below shall immediately report in writing to the police chief's designee at the police department and/or to the fire chief or his/her designee at the fire department any change in the address or ownership of the business, any change in the name of the business, or any change in the address of the manager of operations for the area which includes the city.

(Ord. No. 19-07, § 1, 9-17-19)

(a) No person shall install, or cause to be installed, use, maintain or possess an alarm system on premises owned or in the possession or control of such person within the city without first having obtained and/or renewed an alarm user's permit from the police department or fire department as applicable in accordance with this article.

(b) The owner of an existing alarm system will be notified by the police department or fire department of these permit requirements as discovered. In such cases, a permit application shall be filed for each alarm within thirty (30) calendar days of notification. Failure to file such application and obtain a permit is a violation of this article.

(1) Upon processing and approval of the application for a permit, the applicant shall receive a sticker valid for one year from the date of its issuance. The sticker must be displayed in a front window closest to the door, facing out.

(c) Residential fire and security and commercial security alarms: The application for an alarm user's permit shall be submitted on a form provided by the police department and shall include the address of the premises wherein the system is located and the name, address, and telephone number of the applicant and the person who will respond during any hours of the day and night.

(1) The fee for this permit shall be set at $25.00/year or as otherwise provided by resolution of the city council.

(2) It shall be duty of the alarm user to keep this information current as required by section 16-374. In the event that the police department discovers that the information is incorrect, the alarm permit holder will be required to update the information within three (3) business days of notification that current information is needed as well as to pay the fee set out in section 16-379 below.

(d) Commercial fire alarm: The application for an alarm user's permit shall be submitted on a form provided by the fire department and shall include the address of the premises wherein the system is located and the name, address, and telephone number of the applicant and the person who will respond during any hours of the day and night.

(1) There is no fee for the registration of a commercial fire alarm as that fee is included with the fire inspection charge.

(2) It shall be duty of the alarm user to keep this information current as required by section 16-374. In the event that the fire department discovers that the information is incorrect, the alarm permit holder will be required to update the information within three (3) business days of notification that current information is needed as well as to pay the fee set out in section 16-379 below.

(3) It is a violation of this article to register a commercial fire alarm as a residential alarm.

(e) The application for an alarm user's permit shall be denied by the appropriate chief or his/her designee if the alarm system does not comply with this article or standards adopted pursuant to section 16-376.

(f) Renewal: January 1, 2020, an alarm user's permit granted pursuant to this article must be renewed annually on or before the anniversary date on which the permit was obtained. The police department or fire department, as applicable, shall provide a renewal form consistent with the requirements of this article. Unpaid charges for false alarms or other costs under this article, plus penalties and/or interest, also shall be collected at the time of renewal. Repeated false alarms during the prior year may be the basis for denial of renewal of the alarm permit. Upon processing and approval of the renewal of a residential fire and security alarm or commercial security alarm, the alarm user shall receive an annual permit that must be displayed as set out in subsection 16-375 (b)(1) above.

(Ord. No. 19-07, § 1, 9-17-19)

(a) It is the responsibility of each alarm user to maintain his/her/its system and to tamper proof such systems.

(b) The appropriate chief may adopt standards and regulations for the operation of alarm systems. Any such standards and regulations shall be available to the public for distribution in written or emailed form.

(Ord. No. 19-07, § 1, 9-17-19)

Every alarm business which monitors an alarm system located within the city shall maintain on file at its place of business 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 appropriate chief upon request.

(Ord. No. 19-07, § 1, 9-17-19)

If service is unavailable, audible alarms that have emitted an alarm signal in excess of fifteen (15) minutes are hereby declared to be a nuisance, and the appropriate chief may cause such alarm to be disconnected by a registered alarm agent, with the cost therefor to be a charge payable by the alarm user as determined by the resolution of the city council, which charge will be separate and apart from all other charges.

(Ord. No. 19-07, § 1, 9-17-19)

(a) Residential fire and security alarm and commercial security alarms service fees shall be set by resolution of the city council.

(b) All fees are due upon receipt of a billing from the police or fire department.

(c) All service fees shall be deemed delinquent thirty (30) calendar days after they are due and payable. Thereafter, in addition to the amount due and payable, any person who fails to pay such services fees shall pay interest at the rate of one-half of one (0.5) percent per month or fraction thereof, compounded, on the amount due and payable from the date on which such service fee became delinquent until paid.

(d) Failure to pay such fees set out here is grounds for discontinuance of service pursuant to section 16-380 of this Code.

(e) The amount of any service fee shall be deemed a debt to the city and may be collected in any manner legally available to the city, including but not limited to an action commenced in the name of the city in any court of competent jurisdiction. In any such action, the city shall be entitled to interest and costs of litigation, including but not limited to attorney fees.

(Ord. No. 19-07, § 1, 9-17-19)

(a) The appropriate chief or his authorized representative may discontinue response by the police and/or fire departments to any location of an alarm system ten (10) calendar days from the date that written notice to the alarm user permittee has been mailed or delivered in person. Such discontinuance may be implemented for residential security and fire alarms and commercial security alarms when the alarm user permittee:

(1) Has been assessed two (2) false alarm service charges within a calendar year, or

(2) Has failed to pay any such false alarm service charge within thirty (30) calendar days from notice of said charge.

Upon discontinuance, police and fire personnel shall respond to that location only when an individual requesting assistance has verified that there is a fire, crime in progress or other extreme emergency necessitating response. Reinstatement of alarm response may occur when the alarm user has eliminated or corrected the problem and all false alarm service charges have been paid.

(b) In the event of discontinuance of alarm responses by the fire department, other requirements in the fire code may be enforced to mitigate fire risk.

(Ord. No. 19-07, § 1, 9-17-19)

(a) Violation of this article is an infraction and is punishable as provided in the City Code Section 1-12.

(b) All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article.

(Ord. No. 19-07, § 1, 9-17-19)