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HomeMy WebLinkAboutOrd. 1406-2009ORDINANCE NO. 1406-2;009 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 6.60 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REDUCE THE NUMBER OF FALSE ALARMS IN THE CITY WHEREAS, the South San Francisco Police Department responded to 1,077 false security alarm system activations between July and October of 2008 alone; and WHEREAS, responses to such alarms comprise a significant portion of all requests for police services within the City; and WHEREAS, responding to false alarms endangers the public health and safety by preventing, diverting, or delaying public safety officers from performing other important police services, such as crime prevention, enforcement of laws, and investigating and solving crimes; and WHEREAS, responding to false alarms further pose-s a risk of harm to public safety officers and bystanders when public safety officers respond to such alarms; and WHEREAS, the City Council finds that it benefits, the public interest, safety, and welfare to establish a false alarm. ordinance in an effort tc- reduce the number of false alarms within the City; and WHEREAS, Section 845 of the California Penal Code provides that a city is immune from liability for a failure to provide sufficient police protection; and WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all lc-cal, police, sanitary, and other ordinances and regulations not in conflict with general laws; ~~nd WHEREAS, the constitutional police power is as broad as the police power exercisable by the State Legislature and WHEREAS, the police power gives cities and counties the right to adopt regulations designed to promote the public health, safety acid welfare; and WHEREAS, Section 16000 of the California Business and Professions Code provides that, with certain exceptions, cities may license, for revenue and regulation, every kind of lawful business transacted in the City; and WHEREAS, pursuant to such authorities, the City of South San Francisco has determined that it is in the public interest and welfare to establish regulations that regulate alarm businesses, alarm system subscribers, and alarm systems within the City. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENTS Chapter 6.60 of the South San Francisco Municipal Code is hereby deleted and replaced with the following: Chapter 6.60 -Alarm Systems 6.60.010 Findings and Purpose 6.60.020 Definitions 6.60.030 Permit and Business License Required; Application; Fee; Transferability; False Statements 6.60.035 Alarm Permit Duration and Renewal 6.60.040 Duties of Alarm User 6.60.050 Duties of Alarm Business and Monitarin~; Company 6.60.060 State License or Licensing 6.60.070 Duties and Authority of the Alarm Administrator 6.60.080 Enhanced Call Verification /Police Response 6.60.090 Fines 6.60.100 Notification 6.60.110 Suspension of Response 6.60.120 Appeals 6.60.130 Reinstatement 6.60.140 Enforcement and Penalties 6.60.1.50 Confidentiality 6.60.1.60 Government Immunity 6.60.010 Findings and purpose. (a) The purpose. of this chapter is to: 1. License and regulate alarm systems, alarm users, and the activities of alarm businesses in the city. 2. Reduce or eliminate the instances of false alarms in the city. 3. Protect public safety by curtailing or eliminating the number of false alarms within the city that prevent, hinder, or delay public safety officers from responding to other calls for service. (b) The city council finds that the regulation of the sale, installation, and use of alarm systems and the control of false alarms is necessary to promote the health, welfare, and safety of the people. The sale, installation, and use of substandard alarm equipment and the occurrence of false alarms constitute a threat to the safety of public safety officers and the public in general. Responding to alarms that have a history of being false also promotes a complacent attitude that has proven to be the cause of successful felonious attacks against public safety officers. The dangers of automobile collisions en route to activated alarms are increased, as are officer hour costs, which divert valuable public safety resources from regularly assigned duties siuch as crime prevention, law enforcement, and emergency response. 2 6.60.020 Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Alarm administrator" means a person or persons designated by the police chief to administer the provisions of this chapter and/or the rules and regulations adopted pursuant to this chapter. B. "Alarm business" means any person who is engaged in the sale, providing, maintaining, leasing, servicing, repairing, altering, replacing, removing, or installing an alarm system in an alarm site. C. "Alarm dispatch request" means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site. D. "Alarm permit" means authorization granted by the alarm administrator to an alarm user to operate an alarm system. E. "Alarm site" means a single fixed premises or location served by an alarm system(s). Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site. F. "Alarm system" means a device or series of devices, including, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response, including local alarm systems. Alarm system does not include an alarm installed in a vehicle ar on someone's person or unless the vehicle or the personal alarm is permanently located at a site. G. "Alarm user" means any sole proprietorship, business entity, firm, association, partnership, or corporation that has contracted for monitoring, repair, installation or maintenance service from an alarm business or monitoring; company for an alarm system, or that owns or operates an alarm system which is not monitored, maintained or repaired under contract. B. "Automatic voice dialer" means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law enforcement, public safety or emergency services agency requesting dispatch. I. "Cancellation" means the process where response is terminated when a monitoring company (designated by the alarm user) for the alarm site notifies the responding law enforcement agency that there is not an existing situation at the alarm site requiring law enforcement agency response after an alarm dispatch request. J. "Conversion" means the transaction or process by which one alarm business or monitoring company begins the servicing and/or monitoring of a previously unmonitored alarm system or an alarm system previously serviced and/or monitored by another alarn company. IL. "Enhanced call verification" or a "two (2) call verification" means making two (2) or more telephone calls, first to the premise where the alarm system is located and the second and more calls to an alternate phone number (cellular phone number, pager, etc..), if necessary, to verify the veracity of an alarm signal, beforE; requesting a police response to the premises. The purpose of enhanced call verification is to reduce the number of false alarms. L. "False alarm" means an alarm dispatch request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site. 3 M. "Holdup alarm (Robbery)" means a silent alarm sil;nal generated by the manual activation of a device intended to signal a robbery in progress. N. "Law enforcement authority" means the chief of police or other authorized representative of the South San Francisco police department.. O. "License" means a license issued by the State of California to an alarm business and monitoring company to sell, install, monitor, repair, or replace alarm systems. P. "Local alarm system" means any alarm system, which is not monitored, that annunciates an alarm only at the alarm site. Q. "Monitoring" means the process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the municipality for the purpose of summoning law enforcement to the alarm site. R. "Monitoring company" means any person in the business of providing monitoring services. S. "Panic alarm" means an audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response. T. "Person" means an individual, corporation, partnership, association, organization or similar entity. U. "Responder" means an individual capable of reaching the alarm site within 30 minutes and having access to the alarm site, the code to the alarm system and the authority to approve repairs to the alarm system. V. "SIA control panel standard CP-O1" means the ANSI -American National Standard Institute approved security industry association -SIA CP-01 control panel standard, as may be updated from time to time, that details recommended de;>ign features for security system control panels and their associated arming and disarming de;vices to reduce the incidence of false alarms. Control panels built and tested to this standard by underwriters laboratory (UL), or other nationally recognized testing organizations, will be marked to state: "Design evaluated in accordance with SIA CP-Ol control panel standard features for false alarm reduction". W. "Takeover" means the transaction or process by which an alarm user takes over control of an existing alarm system, which was previously controlled by another alarm user. h. "Verify" means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone anal/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this ordinance, telephone verification shall require, at a minimum, a second call be made to a different: number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting law enforcement dispatch. 6.60.030 Permit and business license required -Application fee -Transferability - False statements. A. It shall be unlawful to operate, or cause to be operated, an alarm system on any business premises in the city without both a valid alarm permit and a business license. A separate alarm permit is required for each alarm site. An alarm user shall apply for an alarm permit by obtaining an application form from the finance department or the police department and filling out said form. The form shall be kept. current by the alarm user and 4 shall supply home and business telephone numbers of responsible persons. In addition, the permit application form shall contain any information deemed necessary by the chief of police to carry out the purposes of this chapter. B. The fee adopted in the master fee schedule shall be charged to the alarm user for alarm permit and alarm permit renewal. The fee for the alarm permit or renewal shall be paid in conjunction with the business license tax. No refund of a permit fee or permit renewal fee will be made. The initial alarm permit fee must be submitted to the finance department at the same time as the business license tax is submitted. C. Upon receipt of a completed alarm permit application form and the alarm permit fee, the finance department shall register the applicant unless notified by the police department that the applicant has: (1) failed to pay a fine assessed under Section 6.60.090 of this code; or (2) had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. D. Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit. E. An alarnl permit cannot be transferred or assigned to another person or alarm site. An alarm user shall inform the alarm administrator or designee of any change that alters any of the information listed on the alarm permit application within five (5) business days of such change. F. All fines and fees owed by an applicant must be paid before an alarm permit may be issued. or renewed. 6.60.035 Alarm permit duration and renewal. An alarm permit shall expire at the end of the calendar year. Any alarm permit obtained after the first quarter of the calendar year will be charged a prorated permit fee. An alarm permit must be renewed annually. It is the responsibility of the alarm user to renew the permit before the expiration date. Failure to renew will be classified as use of a non-registered alarm system and citations and penalties shall be assessed without waiver. Failure to renew an alarm permit will subject an alarm user to citations and penalties, including penalties provided in Section 6.60.090 of this code. 6.60.040 Duties of the alarm user. A An alarm user shall: (1) maintain the alarm site and the alarm system >,1 a manner that will minimize or eliminate false alarms; (2) upon request by law enforcement, make every reasonable effort to have a responder to the alarm system's location within 30 minutes to render any ne~;essary service, including: (a) deactivate an alarm system; (b) provide access to the alarm site so it may be searched by responding law enforcement; and/or (c) provide alternative security for the alarm site. (3) not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report. 5 B An alarm. user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than fifteen (15) minutes after being activated. C An alarm. user shall not use automatic voice dialers. D An alarm user shall maintain at each alarm site a set of written operating instructions for each alarm system. 6.60.050 Duties of alarm business and monitoring company. A The alarm business shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms. The alarm business shall also advise the alarm users of the police department's requirement to obtain an alarm permit . B Alarm installation companies shall not install a device to activate a holdup alarm, which is a single action, non-recessed button. C On all new installations, alarm installation companies shall use only alarm control panel(s) which meet SIA control panel standard CP-O1. D An alarm business shall not use automatic voice dialers. E After completion of the installation of an alarm system, an alarm business employee shall review with the alarm user a customer false alarm prevention checklist. F A monitoring company shall: (1) verif=y every alarm signal, except a robbery or holdup alarm activation, before requesting a law enforcement response to an alarm system signal; (2) ensure that all alarm users of alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm; (3) attempt to contact the alarm user or responder immediately via telephone or other electronic means when an alarm dispatch. request is made; and (4) maintain for a period of at least one (1) year from the date of the alarm dispatch request, records relating to alarm dispatch requests. Records must include the name, address and telephone number of the alarm user, the alarm system zone(s) activated, the time of alarm dispatch request and evidence of an attempt to verify. The alarm administrator may request copies of such records for individually named alarm users. If the request is made within sixty (60) days of an alarm. dispatch request, the monitoring company shall furnish requested records within three (3) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an alarm dispatch request, the monitoring company shall furnish the requested records within thirty (30) days of receiving the request. G An alarm business and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide details as may be reasonably requested by the alarm administrator within thirty (30) days. H An alarm business and/or monitoring company shall notify the alarm administrator when an alarm user cancels a monitoring contract or when the contract is being voided due to non payment. This notification shall be done within five (5) business days. The alarm administrator will then contact the alarm 6 user to determine the reason and to ensure that if the business remains in the city, it obtains another monitoring company to monitor the business. 6.60.060 State license and licensing. A All alarm businesses and monitoring companies shall maintain a State Alarm Company Operator License in accordance with Business and Professions Code Section 7500 et seq., and any subsequent amendments thereto. The license must be presented upon request to any police officer. B In the event that a State Alarm Company Operator's License is suspended, revoked, or otherwise rendered invalid by the state issuing; authority, the alarm business shall notify the alarm administrator in writing of such state action within three (~) days thereof. Failure to do so shall constitute an infraction. C. Every person engaged in, conducting, or operatin€; an alarm business within the City shall post on the premises where the alarm business pis located a copy of such State Alarm Company Operator's License. 6.60.070 Duties and authority of the alarm administrator. A The alarm administrator shall: (1) designate a manner, form and telephone numbers for the communication of alarm dispatch requests; and (2) establish a procedure to accept cancellation of alarm dispatch requests. B The alarm administrator may require a conference with an alarm user and the alarm installation company and/or monitoring company responsible for the repair or monitoring of the alarm system to review the circumstances of repeated false alarms. 6.60.080 Enchanted call verification required/police response. A The police department personnel are not required to respond to an activated alarm and may not respond for reasons including, but not limited to, the following: (1) The alarm monitoring company did not utilise enhanced call verification or "two (2) call verification" procedures as described in Section 6.60.020 of this code prior to requesting a police response to the protected business. This will not include hold up, robbery or panic type alarms. (2) Police personnel determine there is insufficient evidence or cause to believe a crime, attempted crime, or emergency situation exists at the protected business. (3) There is insufficient personnel to respond to the alarm. Even if an alarm is verified, exigent circumstances may arise that prevent the police department from responding to verified alarm activations due to the lack of availability of resources. 6.60.090 Fines. 7 A The city may assess an alarm response fine against an alarm. user based on the number of false alarms within a twelve (12) month period. The amount of such fine shall. be established as provided in the master fee schedule. B Any person operating anon-registered alarm systE;m will be subject to a fine as listed in the master fee schedule for each false alarm in addition to any other fines. The alarm administrator may waive this additional fine for a i~ion-registered system if the alarm user submits an application for alarm permit within ten (10) days after of notification of such violation. C An alarm response fine shall not be assessed if the alarm business and/or monitoring company or the alarm user notifies police dispatch that a public safety response is not necessary prior to law enforcement arriving at the scene.. 6.60.100 Notification. The alarm. administrator will provide written notice to an alarm user after the fifth false alarm that law enforcement response may be suspended after the tenth false alarm, excluding holdup and panic alarms. The written notice shall also contain a description of the appeals procedure available to the alarm user. The alarm administrator will notify the alarm user and the alarm business or monitoring company in writing after alarm response has been suspended, except to holdup and panic alarms. This notice of suspension will also include the amount of the fine for each false alarm and a description of the appeals procedure available to the alarm user and the alarm business or monitoring company. 6.60.110 Suspension of response. A. The alarm administrator may suspend law enforcement response to an alarm site by revoking the alarm permit if it is determined that: (1) the alarm user has ten or more false alarms in a twelve month period; (2) there is a statement of a material fact known to be false in the application for a permit ; (3) the alarm user has failed to make timely payment of a fine assessed under section 6.60.090 or fee assessed under Section 6.60.030; or (4) the alarm user has failed to submit a written certification from an alarm business, that complies with the requirements of this article, stating the alarm system has been inspected and repaired (if necessary) and/or additional training has been conducted by the alarm business. B. Unless there is separate indication there is a crime in progress, the police department may refuse law enforcement response to an alarm dispatch request at an alarm site for which the alarm permit is revoked. C. If the alarm permit is reinstated pursuant to section 6.60.130 of this chapter, the alarm administrator may again suspend law enforcement response to the alarm site by again revoking the alarm permit if it is determined that another three false alarms have occurred within the past twenty-one (21) days after the reinstatement date. 6.60.120 Appeals. 8 A If the alarm administrator assesses a fine or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send written notice of the action and a statement of the right to an appeal to the affected applicant or alarm user and the alarm business and/or monitoring company. B The alarm user may appeal an assessment of a finf; or the revocation of an alarm permit to the alarm administrator by setting forth in writing the reasons for the appeal within fifteen (15) business days after receipt of the fine or not-ice of revocation. C The alarm user may appeal the decision of the alarm administrator to the law enforcement authority as follows: (1) The applicant or alarm user, may file a written request for a review by paying an appeal fee and setting forth the reasons for the appeal within twenty (20) business days after the date of notification of the decision from the alarm administrator. Appeal fees will be returned to the appealing alarm user, if the appeal is upheld. (2) The hearing officer designated by the police; chief shall conduct a formal hearing within thirty (30) days of the receipt of the request and consider the evidence by any interested person(s). The hearing officer shall make his or her decision on the basis of the preponderance of evidence presented at the hearing. The hearing officer must render a decision within fifteen (15) days after the date of the hearing. The hearing officer shall affirm or reverse the decision of the alarm administrator. D Filing of a request for appeal shall stay the action by the alarm administrator revoking an alarm permit or requiring payment of a fine, until the hearing officer has completed its review. If a request for appeal is not made within the twenty (20) business day period, the action of the alarm administrator is final. E The alarm administrator or law enforcement authority may adjust the count of false alarms based on: (1) evidence a false alarn was caused by an act of God; (2) evidence a false alarm was caused by action oi'the telephone company; (3) evidence a false alarm was caused by a power outage lasting longer than four (4) hours; (4) evidence the alarm dispatch request was not a false alarm; (5) evidence the law enforcement officer resp©nse was not completed in a timely fashion; and/or (6) in determining the number of false alarms, multiple alarms occurring in any twenty-four (24) hour period shall be counted as one false alarm to allow the alarm user time to take corrective action, unless the false alarms were directly cause by the alarm user. 6.6fl.130 Reinstatement. A. A person whose alarm permit has been revoked or suspended or business license suspended may, at the discretion of the alarm administrator or the law enforcement authority, have the alarm permit reinstated by the ,alarm administrator or the law enforcement authority if the person: (1) submits a new application and pays a reinstate;ment fee; (2) pays, or otherwise resolves, all outstanding citations and fines; and (3) submits a certification from an alarm business, stating that the alarm system has been inspected and repaired (if necessary) by the alarm. business; 9 B. In addition, the alarm administrator may require one or more of the following as a condition to reinstatement: (1) proof an employee of the alarm business or monitoring company caused the false alarm; (2) upgrade the alarm control panel to meet SIA control panel standard CP--O1; (3) a written statement from an independent inspector approved by the alarm administrator that the alarm system has been inspected and is, in good working order; (4) confirmation all motion detectors are "dual tecYmology" type; (5) confirmation the alarm system requires two independent zones and detectors to trigger before transmitting an alarm signal to the monitoring company; (4) certification the monitoring company will not make an alarm dispatch request unless the need for law enforcement is confirmed by a listen-~in device; (5) certification the monitoring company will not make an alarm dispatch request unless the need for law enforcement is confirmed by a person at the alarm site. 6.60.140 Enforcement and penalties. Enforcement of this ordinance maybe by civil action as provided in this chapter. 6.60.150 Confidentiality. In the interest of public safety, all information contained in and gathered through the alarm permit applications and applications for appeals shall be held in confidence by all employees or representatives of the municipality and by any third-party administrator or employees of a third-party administrator with access to such information. 6.60.160 Government Immunity. The provisions of this chapter are adopted as an exercise- of the City's police power to promote the public health, safety, and welfare and are not intended to protect individuals or otherwise establish or create a "special relationship" with any particular class or group of persons who will or may be affected by the provisions of this chapter. This chapter neither creates nor imposes any duty to protect on the part of the City nor any of its departments, divisions, officials, agents, or employees. The obligation of complying with the requirements of-this chapter and the consequences for failing to do so is placed solely upon the parties responsible for owning, operating, monitoring, or maintaining alarm systems within the City. By applying for an alarm permit ,the alarm user acknowledges that law enforcement response maybe influenced by factors such as, but not limited to: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, inability to contact business responsible and prior response history. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. "Co this end, provisions of this 10 Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one cr more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutiona?, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk 's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty days from and after its adoption. * ~ ~ :~ ~ Introduced at a regular meeting of the City Council of t:he City of South San Francisco, held the 28th day of January, 2009. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 11 to day of February, 2009 by the following vote: AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin, Vice Mayor Mark Addiego and Mayor Karyl Matsumoto NOES: None ABSTAIN: None ABSENT: None ATTEST: _ ~/ Cl Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 1 lth day of February, 2009. ~ r atsumoto, Mayor 11