Loading...
HomeMy WebLinkAboutAgenda Report - February 6, 1985 (64)CIRD. INIIU U M Agenda Item K-7 - "Adoption of Ordinance establishing and ESTABLISHING AND providing for the regulation of burglary and robbery alarm \ZMY VIDING FCR systems" was introduced by City Attorney Stein. Both Mr. BGULATICIN OF Stein and Captain Vincent Lake of the Lodi Police Department a� AND provided inforniation concerning the matter and responded to IKWERY ALARM questions as were posed by the Council. SYSTEMS very lengthy discussion followed with questions being directed to Staff. Council Member Olson presented a letter she had received from former Mayor McCarty posing a number of questions regarding the subject. . M. 1345 INITMUC.'1D Following additional discussion, Mayor Pro Tempore Iiinchman moved for introduction of Ordinance No. 1345 - Ordinance establishing and providing for the regulation of burglary and robbery alarm systems. The motion was seconded by Council Aiember Reid and carried by unanimous vote. E n� 13, q 011 t # CITYCOUNCIL JOHN R. (Randy) SNIDER, Mayor DAVID M. HINCHMAN Mayor Pro Tempore EVELYN M. OLSON JAMES W. PINKERTON, Jr. FREDM. REID CITY OF LODI CITY HALL, 221 WEST PINE STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209)334-5634 February 12, 1985 Mr. James McCarty c/o Mac's Pizza 2400 West Turner Road Lodi, CA 95240 Dear Jiro: Excuse the formality of this letter but I did want to respond in writing to your concerns regarding the Burglar Alarm Ordinance._ As a general rule, let me state, that the City was not intending to, pass the Ordinance (a copy of which is attached for your - consideration and review) with an eye towards consumer protection but rather with an eye towards reducing false alarms. You will note there is no where in the ordinance that it actually discusses who may put in an alarm system and/or the required maintenance, of same. Many of the concerns that you mentioned in your letter are ones which could be handled by dickie Mayer, Bureau of Collection and Investigation Service, 1920 20th Street, Sacramento, CA 95814 (916) 739-3115. As to your concerns regarding the imposition of a false alarm penalty and the ability to be appealed to the City Council. Jim, as you are aware as a former City Council Person, even though an ordinance may or may not mention an appeal to the City Council this appeal is always inheritantl available to an citizen who is PP Y y Y agrieved by an administrative decision. e In response to your other comments, Jim, if you had an opportunity to listen to the Council meeting which time" they discussed. the attached ordinance, you will note that the concern of the police department as well as the Council, directed its attention as to the r problem of excessive false alarms at a particular business or businesses or residences. Two key points were made by Captain _ Vince Lake regarding the concern that he had for fal.e alarms, Both -2 - of which regard liability of the City. The first regarding the —going Code 3 and the second regarding search and seizure. Without going into explicit details let it be said that in both of these instances excessive false alarms could result in the City incurring liabilities which they would not otherwise incur. =: The Council futher had a concern that people who have alarm systems put on their premises should be responsible to make sure that said alarm systems are properly maintained so that they do not go off without a reason. As.. to your last paragraph regarding the conversion to a sound system, this of course is one that deals with consumer affairs and the use of a particular alarm company. Jim,. without giving you legal advice, let me say that if an alarm company had put in an alarm system and you were on a maintainence contract and said system continually. breaks, down and causes false alarms it would appear to me that the Alarm System Company would have some responsibility to correct the problem and/or pay for any false alarms penalities which you might incur. Thank you very much for• your concern in this matter and please feel free to call upon me, personally, to discuss this. e • op . - ' ORD I NANCE NO. AN ORDINANCE OF THE CITY OF LODI ESTABLISHING AND PROVIDING FOR THE REGULATION OF BURGLARY AND ROBBERY ALARIM SYSTEMS The City Council of the City of Lodi DOES ORDAIN as follows: SECTION 1. A new chapter is hereby added to the City of Lodi Municipal Code as follows: - CHAPTER ALAIM SYSTEiLMS . Sections: "i Definitions ,.I Permit for Alarm System Required Application for Permit Application for Alarm Permit - Investigation Suspension or Revocation of Permits Notice of Appeal = False Alarm Penalty Alarm Requirements Automatic Shutoff Requirements -Audible Alarms Delay Device Requirements Power Supply Testing Alarm Prohibitions ,W, �x%°'w. rM.v{, c.e;...3'.> r •..':"Y'Y-i•� +.th?: d .�: {"`4.+�f�J. lS �.I.s - . �.. ...'S. .c .. c r_ M Fees _ `- Limitation on Liabilit, Criminal Penalties _ ---�_ Application of Chapter r p r _ sMj _ DEFINITIONS. the .For purpose of this Chapter'. y` = P certain words and phrases shall be r" construed herein as { set forth in this section unless it is a pparent from the , context that a different meaning is intended. a Alarm Agent A means an -g_ y person employed by an alarm business whose duties include the altering, installing, main- taining, - repairin moving,repairing, g, replacing, selling, servicing, responding to (excluding public safety officer) or causing others to respond to an alarm system in or on .any building,, structure, or facility. Alarm Business weans any business carried on by any, person who engages in the sale,lease, maintenance, service, repair, alteration, replacement or installation of any y alarm or alarm systems 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 intrusion into a = building, structure or facility, or for alerting others � ' of an event within a building, structure or facility, which event causes a local audible alarm or .transmission of; a signal or message. Alarm systems include, but are not limited to, direct dial tone devices, audible alarm and proprietor alarms. - Devices which are not designed or used to evoke a police i response, or used to register alarms that are intended to be �< audible, visible or perceptible outside of the protected' building, structure, or facility are not included within this definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaEA or disrupted by the use of an alarm system. Appellant means a person who perfects an appeal pursuant to this chapter. Applicant means a person, firm or corporation who files an application for permit as provided for in this chapter. Audible Alarm means a device designed for the detection of an intrusion on premises which generates an audible sound or. the premises when it is actuated. City means the City of Lodi. r �. Day means a calendar day. Person means a person, firm, corporation, association, partnership, individual, organization or company. Proprietor Alarm means an alarm which is not regularly serviced by an alarm business. �.. False Alarm means the activation of an alarm system through mechanical failure, accident; misoperation, malfunc- tion, misuse, or the negligence of either the owner or lessee of the alarm system or any of their employees or agents. False alarms shall not include alarms caused by acts of God, the malfunction of telephone lines, circuits or other causes which are beyond control of the owner or Iessee of the alarm system r r� G -3- " N Permit for Alarm System_ Required. No person shall install or use an alarm system without first obtaining an alarm permit issued by the City of Lodi in accor- dance with the provisions of this chapter. Application for Permit. Application" for an alarm permit shall be filed with the Finance Director on forms provided by the City, and the applicant shall, at the time of application, pay the fee established by resolution of the City Council. The application shall be signed and verified by the owner or lessee of the alarm system for which the permit is requested, and the application shall contain such informa- tion as may be required by the City Manager in order to ensure r that the permit is issued in accordance with the provisions of ..CM this chapter. Permits provided for in this chapter shall be , issued by the Finance Director and shall be non -transferable. 44 Applicatim on for AlarP _ ermit - _ Inves- tigation_ Upon receiving an application from any person for an alarm permit, the City -Manager shall cause an investigation to be made. Upon completion of the investigation, the Finance Director shall cause a Permit to be issued. A commercial alarm permittee may be allowed a direct connection to the City of Lodi Police Department Alarm System, provided facilities are available for direct connection. Each commercial alarm permit holder whose system directly connects with the Lodi Police Department shall pay to the City on or before January 1st of each year, a fee set forth by resolution of the City Council. �- ,a r a iIr '_\ r+_ Suspension and Revocation of Permits' An alarm permit may be suspended and/or revoked as follows: (a) If, after investigation, the Chief of Police determines that the permittee has violated any provision of this chapter, -� has violated any rules and regulations promulgated by the Chief of Police pursuant to authority granted by this chapter, or _•- fails to pay a false alarm penalty as provided in Section the Chief of Police shall send to the permittee, by registered mail, a notice of intent to revoke the permit, which notice shall specify the violation or violations determined by the Chief of Police to exist and that permittee has the right J to appeal the determination of the Chief. of Police to revoke the permit to the City Manager, as provided -in Section of the City of Lodi Municipal Code, and that failure of the permittee to remedy the violation or violations specified in the notice of revocation within said fifteen -day period, or within such additional time as may be allowed by the Chief of Police upon a showing of good cause therefor, then the alarm permit shall be considered revoked and the alarm system shall remain unused until a new permit is issued. Notice_ of Appeal. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of Section _ of the Lodi Municipal Code, the applicant may appeal to the City Manager, by filing with the City Manager, a Notice of Appeal, setting forth the facts and circumstances regarding the appeal. This Notice of Appeal - shall be filed not later than fifteen (15) days after service. C C N of a notice of revocation asrovid C p ed for in Section - of this chapter. The City Manager, or duly authorized rep- resentative, shall, within fifteen (15) days from the date on which the appeal is filed, h;,id a hearing,7 consider all cele .; vant evidence produced by the alarm permittee, the Chief of Police or his representative, and any other interestedP arties ��. make findings and determine the merits of the appeal. The City 117anager,or his duly authorized representative, may affirm, overrule or modify the decision of the Chief of Police and the decision of the City Manager, or his duly authorized J �a representative, shall be final. False Alarm Penalty• The Chief of Police is authorized to demand any owner, lessee, or their.-­ .representative heir .representative of any alarm system which is not in compliance with this Chapter, to disconnect the alarm system, until. it is made to comply with this Chapter N Y Any person who maintains, uses or possesses an alarm, and which alarm has caused any signal, message or alarm to be transmitted to the Police Department, either` by direct telephone or other direct communication or by communication - from an alarm agent or an alarm business, or by a person -- responding to an audible alarm and which alarm is determined to have been a false alarm by the Chief of Police, pursuant town Investigation conducted by the Chief of Police, shall pay a false alarm penalty to the City of Lodi, as follows: --- e"Y u vRau.uu raise alarm penalty; (c) For the fifth and each subsequent false alarm within a six month period, the permittee shall pay a $65.00 false alarm penalty. In the event that permittee sustains five false alarms within a six month period, the Chief of Police, in addition to imposing _. the false alarm penalties provided herein, shall coc:.mence revocation proceedings, as provided for by Section and shall revoke the permit within the time period provided in that Chapter, should permittee fail to demonstrate, to the satisfaction of the Chief of Police, that the alarm system is in good working order. Failure to pay false alarm penalties as provided herein t shall be grounds for revocation of the permit. The permittee' has the right of appeal as specified in Section with respect to penalties imposed by the Chief of Police for false alarms, pursuant to the provisions of this Chapter. -- AIarm� Requirements. The -----.--- _ a I arm permittee.shall supply on his application for permit the names, addresses and phone numbers of the selling or installing alarm F company, or if the permittee is not under a service contract j with an alarm business, at least two persons to call in event of an emergency. In the event the names, addresses and phone numbers change, the permittee shall supply the changes within five days of the change. -7- .. ..• -_: y t_,;, :r vim.. ; '. Lwould normally result In a police response, which might f V �• ;� _. cam" Automatic Shutoff Requirements -Audible'. Alarms. All audible alarm systems shall include a device which will limit the generation of the audible sound of the system to not longer than twenty minutes after activation when the alarm' system is protecting a residential structure and forty-five ; minutes when the alarm system is protecting a commercial '. structure. Said systems, however, shall include an automatic resetting device which shall cause the subject system to be re -armed upon automatic shutoff. == Delav Device Reauirements. All - burglary detection alarm systems that directly transmit a _ signal to the police facility shall include a device which will provide a minimum of a thirty-second delay of the original. 'a ,B transmission and activate a signal immediately in suchmanner as to be perceptible to a person lawfully entering, leaving or occupying the premises. u Power Supply. An alarm system shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electric �J service will not activate the alarm system. The backup power supply must be capable of at least four hours of operation. TestinZ Alarm. Permittees shall notify the City of Lodi Police Department emergency equipment dispatcher prior to any service, test, repair, maintenance, adjustment, alterations, or installations of systems which Lwould normally result In a police response, which might f V �• activate a false alarm. Any alarm activated where such prior,.-- notice rior..notice has been given shall not constitute a false alarm. Prohibitions_ It shall be unlawful to install or use an alarm system which'upon activation, emits a °- sound similar to sirens in use on emergency vehicles or for civil defense rurposes. Panic alarms, brawl alarms, fight alarms and other signals intended to report disorderly conduct or miscellaneous offenses directly to the police alarm board shall be unlawful. The use of automatic telephone dialing devices intended to deliver a recorded voice message to the police shall be unlawful. Fees_ Fees prescribed heretofore in this ordinance shall be in addition to any other lawful fees imposed by the City of Lodi for doing or conducting business within the City of Lodi. Limitation On Liability. The City of Lodi is under no obligation or duty to any permittee or any other person by reason of any provision of this chapter, or the exercise of any privilege by any permittee hereunder, including but not limited to any defects in a police alarm system, any delay in transmission of an alarm message to any emergency unit or damage caused by delay in responding to any alarm by any City officer, employee or agent. Ci•ir�inalPenalties. Any person who violates the provisions of this part, shall be guilty of a misdemeanor. tet'- { • • ,"3. _ Application of Chapter. An erso • y person who, on the effective date of this ordinance, possesses, has installed or uses an alarm systema which requires a permit under '�' this Chapter, shall apply for and receive a permit as providedx'- af In this Chapter, within three (3) months after the effective RTs date of this ordinance. SECTION 2. All ordinances and parts of ordinances inroy_ conflict herewith are repealed insofar as such conflict may exist. :-: SECTION 3. This Ordinance shall be publishedone time in the "Lodi News Sentinel", a daily newspaper of general circulation, printed and published in the City of Lodi and - shall be in force and take Effect thirty days from and after 1, its passage and approval, x Approved this day of • r' Name z --- - A Attest: ALICE M. REIMCFIE City Clerk ALICE M. RE IMCI3E City Clerk Approved as to form RONALD al. STEIN City Attorney r � i State of California County of San Joaquin, ss. I, Alice al. Reimche, City Clerk of the do hereby certify that Ordinance City of Lodi , No. introduced at a rewas gular meeting of the the City of Lodi held City Counciof l thereafter passed, adopted and ordered regular meeting of topaintsat said Council held by the following vote: a Ayes: Council Members Noes: Council Members - F' Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. approved and signed by the Dlayor on the passage and the same has been date owa fsits• .l acv. published pursuant to ALICE M. RE IMCI3E City Clerk Approved as to form RONALD al. STEIN City Attorney ate. ProDosed Alarm Ordinance Alarm companies are reported not to respond to malfunction complaints leaving the merchant or homeowner wide open.to repeated false alarms and* punishment under proposed ordinance. (as the example I gave, where nerchadT was defrauded by $2,500.00, and due to uncorrected alarm failures, lost official police protection.) Solutions Possible 1.City Franchise Every Alarm Company, or 2. City Require Alarm Company to operate under use permit,.- or both. 3. City may require building permit for installation, in fact existing ordinance probably requires same. Protection to Citizens Purchashing, Leasing, and Relying Upon Alarm Co. 1. Within 24 hours following notice of mechanical malfunction of alarm resulting in police or fire response, alarm company shall repair alarm, mss. and warrant in writing that it will function as warranted. Upon the.next mechanical alarm failure, resulting in police or fire response, the alarm company will remove the alarm system and refund to the customer his cash outlay on pro -rata basis. 2. -Failure of alarm company to abide by terms of ordinance: A. Loss of Franchise _- B. Loss of Use Permit, and denial of building permit, including prevention of servicing existing, or installing new units. Other Comments During stated business hours, agency receiving alarm activation should call said business to confirm situation prior to dispatching emergency units. For example, fire engines made emergency response to our store at two in the afternoon, where call could have prevented this as there was no fire. Fire situations are not addressed in ordinance Citizens should have right to appeal to their elected representatives =` Ordinance sets up police chief and city manager as judge jury and executioner, not acceptable in our democracy. False alarm penalties are acceptable so.long as they are tied in, with the protections to citizens noted hereinabove. Audible should disconnect in 10 and 15 minutes or less. Criminal penalties should be eliminated as both merchant and alarm company have or will be fined by a service charge or loss of permit. This section smacks of double jeprody. In a jury trial which most of us yPould request, prosecuter would have a_Herculean task. OVER ORDINANCE NO. AN ORDINANCE OF THE CITY OF LODI ESTABLISHING AND PROVIDING FOR THE REGULATION OF BURGLARY AND ROBBERY ALARM SYSTEMS F The City Council of the City of Lodi DOES ORDAIN as follows: SECTION 1. A new chapter is hereby added to the City of Lodi Municipal Code as follows: Sections: CHAPTER . ALARM SYSTEiMS . Definitions Permit for Alarm System Required Application for Permit Application for Alarm Permit - Investigation Suspension or Revocation of Permits Notice of Appeal F� False Alarm Penalty 5~ Alarm Requirements Automatic Shutoff Requirements -Audible Alarms Delay Device Requirements Power Supply Testing Alarm Prohibitions l 4M .. Fee s Limitation on Liability CriminaI Penalties ---� Application of Chapter DEFINITIONS. For the purpose of this # Chapter', = certain words and phrases shall be construed herein as Ij set forth in this section unless it is a pparent from the context that a different meaning is intended. Alarm AZent means any person employed by an alarm business whose duties include the altering, installing, main- taining, moving,p repairing, replacing, selling, servicing, responding to (excluding public safety officer) or causing. others to respond to an alarm system in or on any building, structure or facility. ., _- Alarm Business ----------- means any business carried on by any. pe_�son who � engages in the sale lease maintenance service. repair, alteration, replacement or installation of any alarm or alarm systems in or, on any building, structure or facility, �� u p JA'x Alarm- System means any mechanical or electrical' -- device which is designed or used for the detection of intrusion into a building, structure or facility, or for alerting others of an event within a building, structure or facility, which event causes a local audible alarm or transmission of a signal or message. Alarm systems include, but are not limited to, direct dial tone devices, audible alarm and proprietor alarms. Devices which are not designed or used to evuke a police W � r -2- 0 response, or used to register alarms that are intended to be audible, visible or perceptible outside of the protected building, structure, or facility are not included within this . definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system. Appellant means a person who perfects an appeal pursuant to this chapter. Applicant means a person, firm or corporation who files an application for permit as provided for in this chapter. Audible Alarm means a device designed for the detection of an intrusion on premises which generates an audible sound on the premises when it is actuated. City means the City of Lodi. Day means a calendar day. Person means a person, firm, corporation, association, partnership, individual, organization or company. Proprietor Alarn means an alarm which is not regularly serviced by an alarm business. <` False_ Alarm means the activatio;z of an alarm system through mechanical failure, accident, misoperation, malfune- tion, misuse, or the negligence of either the owner or -lessee of the alarm system or any of their employees or agents. False alarms shall not include alarms caused by acts of God, the malfunction of telephone lines, circuits or other causes which { are beyond control of t'.e owner or lessee of the alarm system. :.__� h Permit for Alarm S stem Requi-red. No person shall install or use an alarm system without first obtaining an alarm permit issued by the City of Lodi in accor- dance with the provisions of this chapter._ -- Application for Permit_ Application for an alarm permit shall be filed with the Finance Director on forms provided by the City, and the applicant shall, at the time of application, pay the fee established by resolution of y the City Council. The application shall be signed and -verified by the owner or lessee of the alarm system for which the permit is requested, and the application shall contain such informa- tion as may be required by the City Manager in order to ensure that the permit is issued in accordance with the provisions of. this chapter. Permits provided for in this chapter shall be issued by the Finance Director and shall be non -transferable. r �r -y -Y- Application -for Alarm -Permit - Inves- tigation_ Upon receiving an application from any person for an alarm permit, the City -Manager shall cause an investigation to be made. Upon completion of the investigation, the Finance Director shall cause a Permit to be issued. A commercial alarm permittee may be allowed a direct connection to the City of Lodi Police Department Alarm System, provided facilities are available for direct connection. Each commercial alarm permit holder whose system directly connects with the Lodi Police Department shall pay to the City on or before January 1st of each year, a fee set forth by resolution of the City Council. shall remain unused until a new permit is issued. - ___-__ _. Notice of Appeal. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of Section of the Lodi Municipal Code, the applicant may appeal to the City (Manager, by filing with the City Manager, a Notice of Appeal, setting forth the facts and circumstances regarding the appeal. This Notice of Appeal shall be filed not later than fifteen (15) days after service -5 Suspension and Revocation of Permits. An alarm permit may be suspended and/or revoked as follows: `. (a) If, after investigation, the Chief of Police determines ..gA that the permittee has violated any provision of this chapter, has violated any rules and regulations promulgated by the -Chief �. of Police pursuant to authority granted by this chapter, or fails to pay a false alarm penalty as provided in Section' the Chief of Police shall send to the permittee, by registered mail, a notice of intent to revoke the permit, which notice shall specify the violation or violations determined by; the Chief of Police to exist and that permittee has the right to appeal the determination of the Chief of Police to revoke the permit to the City Manager, as provided in Section of the City of Lodi Municipal Code, and that =_- failure of the permittee to remedy the violation or violations specified in the notice of revocation within said fifteen -day period, or within such additional time as may be allowed by the Chief of Police upon a showing of good cause therefor, then the alarm permit shall be considered revoked and the alarm system shall remain unused until a new permit is issued. - ___-__ _. Notice of Appeal. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of Section of the Lodi Municipal Code, the applicant may appeal to the City (Manager, by filing with the City Manager, a Notice of Appeal, setting forth the facts and circumstances regarding the appeal. This Notice of Appeal shall be filed not later than fifteen (15) days after service -5 of a notice of revocation as provided for`in Section of this chapter. The City Manager, or duly authorized rep- r resentative, shall, within fifteen (15) days from the date on which the appeal is filed, hold a hearing, consider all rele- vant evidence produced by the alarm permittee, the Chief of Police or his representative, and any other interested parties, .� E make findings and determine the merits of the appeal. The City f Manager, or his duly authorized representative, may affirm, overrule or modify the decision of the Chief of Police and the, dec' i s i on of the City Manager, or his duly authorized �t �- representative, shall be final. € False Alarm Penalty. The Chief of t:. ---. Police is authorized to demand any owner, lessee, or their.. 1 � representative of any alarm system which is not in compliance F with this Chapter, to disconnect the alarm system, until it is made to comply with this Chapter- i. Any person who maintains, uses or possesses an alarr-n is , and which alarm has caused any signal, message or alarm to be transmitted to the Police Department, either by direct telephone or other direct communication or by communication � from an alarm agent or an alarm business or b g Y aperson _ responding to an audible alarm and which alarm is determined to have been a false alarm by the Chief of Police, pursuant to an investigation conducted by the Chief of Police, shall pay a k false alarm penalty to the City of Lodi, as follows: -6- V S: Z (a) For the third false alarm within a six month period, permittee shall pay a $25.00 false alarm penalty; (b) For the fourth false alarm within a six montheriod=' p permittee shall pay a $50.00 false alarm penalty; (c) For the fifth and each subsequent false alarm within a six month period, the permittee shall pay a $65.00 false alarm penalty. In the event that permittee sustains five false alarms within a six mcnth period, the Chief of Police, in addition to imposing the false alarm penalties provided herein, shall _- :F:51 commence revocation proceedings, as provided for by Section and shall revoke the permi-t within the time period =. provided in that Chapter, should permittee fail to demonstrate, to the satisfaction of the Chief of Police, that the alarm system is in good working order. Failure to pay false alarm penalties as provided herein shall be grounds for revocation of the permit. The permittee has the right of appeal as specified in Section --- , with respect to penalties' imposed by the Chief of Police for false alarms, pursuant to the provisions of this Chapter. Alarm-- Requirements. The alarm Y. permittee.shall supply on his application for permit the names, addresses and phone numbers of the selling or installing alarm company, or if the permittee is not under a service contract with an alarm business, at least two persons to call in event of an emergency. In the event the names, addresses and phone numbers change, the permittee shall supply the changes within Y live days of the change. 7 -7- , k ` Automatic Shutoff Requirements -Audible Alarms. All audible alarm systems shall include a device which will limit the generation of the audible sound of the system to not longer than twenty minutes after activation when the alarm system is protecting a residential structure and forty—five minutes when the alarm system is protecting a commercial structure. Said systems, however, shall include an automatic resetting device which shall cause the subject system to be re -armed upon automatic shutoff. Delay Device Requirements. All �- a� burglary detection alarm systems that directly transmit a signal to the police facility shall include a device which will _ tr. E 4. provide a minimum of a thirty-second delay of the original, i >.transmission and activate a signal immediately in.such a manner { as to be perceptible to a person lawfully entering, leaving or ' occupying the premises. f --�_ -- Pow_r—Supply_ An alarm system shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electric service will not activate the alarm system. The backup power supply must be capable of at least four hours of operation. -----. Testing Alarm. Permittees shall notify the City of Lodi Police Departmerit emergency equipment dispatcher prior to any service, test, repair, maintenance, adjustment, alterations, or installations of systems which ;- would normally result in a police response, which might -8- r activate a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. 'i Prohibitions_ It shall be unlawful to. install or use an alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. Panic alarms, brawl alarms, fight gym` alarms and other signals intended to report disorderly conduct Fes_' or miscellaneous offenses directly to the police alarm board 1_ shall be unlawful. The use of automatic telenhnnP devices intended to deliver a recorded voice message to the police shall be unlawful. ----- ^----- Fees. Fees prescribed heretofore in this ordinance shall be in addition to any other lawful fees imposed by the City of Lodi for doing or conducting business within the City of Lodi. Limitation On Liability. The City o Lodi is under no obligation or duty to any permittee or any other person by reason of any provision of this chapter, or the exercise of any privilege by any permittee hereunder, including but not limited to any defects in a police alarm system, any delay in transmission of an alarm message to any emergency -unit_ or damage caused by delay in responding to any alarm by any City officer, employee or agent. _ --------M. Criminal Penalties. Any person who violates the provisions of this part, shall be guilty of a. misdemeanor. Attest: Name ALICE M. RE IOICHE City Clerk -10- State of California County of San Joaquin, ss. - I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held and was thereafter passed, adopted and ordered to print at a = - regular meeting of said Council held by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. was .. approved and signed by the Mayor on the date of its = passage and the same has been published pursuant to law. ALICE Al. RE I MCHE City Clerk y"X Approved as to form RONALD M. STEIN City Attorney = J�