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HomeMy WebLinkAboutOrd 626-1972 ORDINANCE NO. 5~ AN ORDINANCE REGULATING ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS.' SECTION I. DEFINITIONS A. Person shall include the singular and plural and mean any individual, partnership, corporation or other entity. B. Alarm system shall mean 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, transmits a signal or message. C. Direct Alarm shall mean an alarm system which is connected to or designed to be connected to the alarm receiving equipment maintained in the police department of the City of South San Francisco. D. Indirect Alarm shall mean an alarm system which is connected to or designed to be connected to alarm receiving equipment maintained by others. E. Proprietor Alarm shall mean an alarm which is not to be connected or designed to be connected to the alarm receiving equipment maintained in the police department or alarm receiving equipment maintained by others on locations outside of the police department, or serviced by an alarm business. F. Audible alarm shall mean a device designed for the detection of unauthorized entry on premises; and when actuated, generates an audible sound on the premises. - 1 - ~TI T iii 11' : ~ I~ ii G. Alarm business shall mean any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, removing or installing any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, removed or installed an alarm system in or on any building, place or premises. H. Alarm agent shall mean any person who is emploYed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, removing or installing on any building, place or premise, any alarm system. I. False alarm shall mean an alarm signal-necessitating response by the South San Francisco Police Department where an emergency situation does not exist. J. Subscriber shall mean a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system. SECTION II. PERMITS. ALARM SYSTEMS. ~ A. Permits Required - Existing Installations. Any person who on theeffective date of this ordinance maintained or used in the City of South San Francisco, an alarm system as defined in Section I hereof, shall obtain a permit therefor from the Chief of Police, within ninety (90) days after adoption of this ordinance. B. Permits Required - New Installations. Except as provided in Section II-A, a permit shall be obtained from the Chief of Police prior to the installation, maintenance or use of any alarm system defined in Section I of this ordinance. -2- C. Permits - Application. Applications for permits Shall be filed with the Chief of Police. The Chief of Police shall prescribe the form of the application and require such information as is necessary to evaluate and act upon the permit aPplication. D. Permits - Issuance. The Chief of Police shall establish reasonable regulations for the issuance of permits based on the following standards and the provisions of this ordinance: 1. Underwriter Laboratory Approval. The alarm system shall have Underwriter Laboratory Approval. If Underwriter Laboratory approval is pending, then the Chief of P~lice may conditionally approve the alarm system. 2. Alarm System. The alarm system shall be'compatible with the receiving equipment, designed and capable of being installed and maintained so as to perform in a reliable manner and designed to be maintained and used so as not to cause an unreasonable number of false alarms. 3. Alarm Business and Agents. The Chief of Police shall evaluate the reputation and character of those engaged in the alarm business or agents and employees thereof respon- sible for the installation and maintenance of alarm systems so as to determine that their reputations are such as not to be inimical to the welfare of the residents of this community in installing, maintaining or servicing said alarm systems. . 4. Need and Priority for Direct Alarm Systems. The Chief of Police shall evaluate the application and determine need and priority for direct alarm systems. - 3 - · i~ [~ 31 Ti III '11' [] il II 5. Copies of the regulations and amendments thereto, shall be filed in the office of the Chief of Police and the City Clerk, available for public inspection. E. Permits - Fees. The Chief of Police shall establish a fee for said permits not to exceed $10.00 annually. SECTION III. SELECTIVE ALARM - TELEPHONE DEVICES Ao No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line in the City of South San Francisco and then reproduces any pre-recorded message to report a .burglary or other emergency. SECTION IV. SUSPENSION AND REVOCATION ~ A. Hearing. Before a permit issued pursuant to this ordinance may be suspended or revoked, a hearing must be held before the Chief of Police. Notice setting forth the time, place and nature of the hearing shall be given to the permittee at the address shown on the permit application seven (7) daysprior to said hearing. B. Grounds for suspension. The Chief of Police may suspend' or revoke a permit on the following grounds: 1. The violation of any of the provisions of this chapter or failure to comply with the same; 2. Failure to comply with the business license ordinance~ of the City of South San Francisco. 3. Where the character, reputation or moral integrity of the permit holder or his employees is determined to be inimical -4- · T ~ I1' ':ii TI r T rll 11' [] I II to the public safety or general welfare of the community - such a determination shall include consideration of any conviction of, or release from a penal institution after serving a sentence for a felony or misdemeanor involving robbery, burglary, theft, embezzlement, dishonesty, fraud, or the buying or receiving of stolen property within the. past five (5) years, or if any information in the permit application has been falsified; 4. An alarm system, proprietor alarm, or audible alarm which actuates excessive false alarms and thereby constitutes a public nuisance; or 5. The violation of any rules and regulations established by the Chief of Police pursuant to this ordinance. C. Appeals. Any permittee may appeal the decision o~ the Chief of Police by filing a written notice of appeal with the City Manager within five (5) days after the decision. Such appeal shall be heard by the City Manager who may affirm, amend or reverse the decision or take other 'action deemed appropriate subject to the pr~visions of this ordinance and the rules and regulations pursuant thereto. The City Manager shall give written notice of the time and place of the hearing to the appellant. In conducting the hearing the City Manager shall not be limited by the technical rules of evidence. SECTION V, URGENCY ~ASURE A. The immediate preservation of the public safe'ty, health and welfare require the adoption of this ordinance as an urgency measure. The facts constituting the need for such action are that burglar alarm systems presently being merchandised within the City limits are not subject to any City regulation and as a result the public, especially in the commercial districts, has purchased burglar alarm systems which have malfunctioned, causing an increase in false alarm reports which require a response from the South San Francisco Police Department within a very short period of time, thus endangering the public welfare. Therefore, this ordinance is declared to be an ordinance adopted as an urgency measure and is to be effective immediately. SECTION VI. PENALTY Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than Five Hundred Dollars ($500°00) or by imprisonment for a period of not more than six (6) months or by both such fine and imprisonment. SECTION VII. PUBLICATION This ordinance shall be published once as required by law, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco. Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 17,h day of J~nuar¥ , 19 72 , by the following vote: - 6- · I I 'II ~1 T~ IT1 Il I I II AYES, COUNCILMEN Patrick E. Ahern, Will iam A. Borba, F. Frank Mammini and Warren Steinkamp NOES, ' ' ABSENT, " Frank J. Bert~celli ATTEST: ~-z~c~t.~,~,.. C~....:.~,~z~--~,~_. ~- City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 17th day of January 19 72. - 7-