HomeMy WebLinkAboutAgenda Report - February 20, 1985 (53)�1�� 2Q 185 4-.
C'#�INAICFS Ordinance No. W1345` - An Ordinance
of the City of Lodi
establishing and providing for the regulation of burglary and .
C�Gii ,�>C'G Nn, robbery alarm systems having been introduced at a regular
1345 ADOPTED meeting of the Lodi. City Council held February 6,
1985 was
motion of Council Member Pinkerton,
Reid second. Second reading
brought up for passage on
of the Ordinance was witted
after reading by title, and the Ordinance was then adopted
and ordered to print by the following vote:
CED. NO. 1345 Ayes: Council Members - Pinkerton, Hinchman, Olson,
ADOPTED Reid, and Snider (Mayor)
Noes: Council Nkanbers - None
Absent: Council Members - None
AN ORDINANCE OF THE CITY OF LODI ESTABLISHING AND
PROVIDING FOR THE REGULATION OF BURGLARY AND ROBBERY
ALARM 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 Af RM SYSTEMS.
Sections:
Definitions
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
For this
DEFINITIONS. the
purpose of
phrases
shall be construed herein as
Chapter, certain words and p the'
set forth in this
section unless it is apparent from
11J11,R! context that a different meaning is intended.
persone
any
by an alarm
Al arm` Agent means Y
----- include the altering,
installingmain-
,
business whose duties
g servicing,
repairing
replnacing, selli,
taining moving
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 person
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.
AIarm 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
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
IW
a
` *J�4 �S
3 M
a'.rT h +s
i 3-
a�. Y
yy
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 Alarm means an alarm which is not regularly
serviced by an alarm business.
-2
-------�._..-�..,..��-•.w<+,a+9r.,t:e,.arirn�.. U;sri.:a�,. �rarazu,:.-,: .rx.... ,m�rr.: rz�...,.w�,,.,.,-.�,:��.,, .:,.
False Alarm means the activation of an alarm system through
mechanical failure, accident, misoperation, malfunction, 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
lessee of the alarm system.
Permit for Alarm System Required. No
person. shall install or use an alarm system without first obtaining
an alarm permi t issued by the City of Lodi in accordance with the
provisions of this chapter.
Applicationfor PermitApplication
-----------------------
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
rma-
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.
- Application for Alarm Permit - lnves-
tigation. Upon receiving an application from any person for an
alarm permit, the City Manager shallcause an investigation to
be made. Upon completion of th.e 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 lst of
each year, a fee set forth by resolution of the City Council.
Sushens i orraii(I � Revoc:ti t i OI „ i' Ile
--------------
An alarm permit may he susPencled rind/or revoked ii i; f)11Owrs:
—3—
ate
violated any rules and regulations promulgated by the Chief of
Police pursuant to authority granted by this chapter, or fail -s to
pay a false alarm penalty as provided in Section y_- --- —`, the
Chief of Police shall send to the permittee, by registered mail, a
notice of intent to revoke the permit, whish
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.
of a notice of revocation as provided 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, 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,
make findings and determine the merits of the appeal. The City
Manager, 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
representative, shall be final.
-4-
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
commence 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
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.
-5-
v
f
fi
-`L:•
,:.. ....., _....-�.-.
Alarm Requirements. The alarm 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 five days of the change.
Automatic Shutoff Requirements -Audible
--------------
Alarms. All audible alarm systems shall include a device which
will limit the generation of the audirle 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
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
transmission and activate a signal immediately in such a manner
as to be perceptible to a person lawfully entering, leaving or
occupying the premises.
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
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 Department 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
activate a false alarm. Any alarm activated where such prior
notice has been given shall not constitute a false alarm.
-6-
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
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.
M�L'______ 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.
Criminal Penalties. Any person who
violates the provisions of this part, shall be guilty of a
misdemeanor
kpplicatioli of Chapter. Any person
who, on the effective date of this ordinance, possesses, has
installed or uses an alarm system which requires a permit under
this Chapter, shall apply for and receive a permit as provided
in this Chapter, within three (3) months after the effective
date of this ordinance.
SECTION 2. All ordinances and parts of ordinances in
conflict herewith are repealed insofar as such conflict may
exist.
-7-
r
<SECTION _3_ This Ordinance shall be -published one 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 its passage and approval.
Approved this 20th day of February, 1985
MAYOR
Attest:
ALICE M. REIMCHE
City Clerk
t
I, Alice M. Reimche, City Clerk of the City of Lodi,
do hereby certify that Ordinance No. 1345 was
introduced at a regular meeting of the City Council of
the City of Lodi held February 6, 1985 and was
thereafter passed, adopted and ordered to print at a
regular meeting of said Council held February 20, 1.985
by the following vote:
Ayes: Council Members - Hinchman, Pinkerton,
Olson, Reid, &
Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1345 was approved
and signed by the Mayor on the date of its passage and
the same has been published pursuant to law.
--App" owed as to form
I
V
RONALD M. STEIN
City Attorney
ALICE M. REIMCHE
City Clerk
February 17, 1985
Dear Ron:
Please excuse this informal note, but after 30 years in business
and seven million generated in a syndrome of taxes, I have had to
give up a number of amenities.
Thank you for your letter, and the information therin.
As you may have percieved, I do enjoy jousting, and therefore
remain in disagreement with portions of your ordinance. I like the
ordinance in its entirity, as if I find time to again run for council
the ordinance is worth at least a thousand votes.
I feel that there could easly be found a similarity between
alarm companies, towing services, ambulance company etc. as they
all may revolve around emergency situations. If you take time to
review the city code, you will find that the city has a string
attached to some of these organizations.
incidentally, I.was once informed that a building permit was
required for any and every portion of construction or alteration
to any structure, except pa'Mti.ng.
I know that you are na'� a journeyman craftsman, so I must
inform you'that the installation of an alarm system constitutes
carpentry and electrical additions and modifications.
You know that I wi�,1 not lay a writ of mandamus on the city,
but it would be fun.
Good luck to you.�na keep up the goo(3 job.
PEB 2 -i-
Mz. Vickie Mayer
Bureau of Collection and Investigative Service
Dear Mz. Mayer
Lodi City Attorney, Ronald Stein, advises me that the bureau
with which you are associated includes the ministerial function of
licensing and regulating burglar alarm installing companies.
Our city is plagued by false alarms, and has recently passed
an ordinance including civil and criminal actions against business-
people and homeowners who maintain alarm systems in their possession,
and which generate a given number of false alarms.
My thrust in studying the ordinance was to place a large part
,of the burden upon the persons installing and maintaining the alarm
system. I offered this suggestion after enduring years of shoddy
performance.by several alarm companies.
As my correspondence from Mr. Stein specifically states that
no -where does the ordinance state who may put in an alarm system
and maintain same, I make inquiry as to the roll of your bureau in
this matter. Please advise.
wm
u
Ml 0 Ron stein
Cit, Attorney
Cit, Of Lodi
221 West pane street
Lodi, CA 95240
�I
A• �! lN,
JamesNkg
-V
Cherokee
P -gin
` 196'5
3,e old Log Cabin— Cherokee Lae
� ictor R
0 N. Cherokee Lane
Lodi, Ca 95240
u
Ml 0 Ron stein
Cit, Attorney
Cit, Of Lodi
221 West pane street
Lodi, CA 95240
�I