HomeMy WebLinkAboutOrdinances - No. 1942ORDINANCE NO. 1942
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 15 –
BUILDINGS AND CONSTRUCTION – BY REPEALING
AND REENACTING CHAPTER 15.56, "ALARM SYSTEMS
AND PERMITS," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Title 15 – Buildings and Construction – Chapter 15.56,
"Alarm Systems and Permits," is hereby repealed and reenacted in its entirety, and shall read as
follows:
15.56.010 Findings.
15.56.020 Definitions.
15.56.030 Permit for Alarm System Required.
15.56.040 Application for Alarm Permit.
15.56.050 Alarm Permit Issuance.
15.56.060 Residential Alarm Permit Fee and Renewal.
15.56.070 Non -Residential Alarm Permit Fees and Renewal.
15.56.080 Suspension and Revocation of Permits.
15.56.090 Reinstatement of Suspended Alarm Permits.
15.56.100 Alarm Company Operator Registration.
15.56.110 Alarm Agent Registration.
15.56.120 Duties of Alarm Company Operators – False Alarm Activations and Responses.
15.56.130 Notification of Changes.
15.56.140 Alarm User Instruction Required.
15.56.150 Duties of Alarm Users.
15.56.160 Automatic Shutoff Requirements—Audible Alarms.
15.56.170 Power System.
15.56.180 Testing Alarm.
15.56.190 Prohibitions.
15.56.200 False Alarm Penalty and Fines.
15.56.210 Exceptions to False Alarm Count.
15.56.220 Procedure for Imposition of False Alarm Fees, Fines, Suspension and
Revocation of Permits.
15.56.230 Nuisance Alarm Systems.
15.56.240 Appeal Procedure.
15.56.250 Fees.
15.56.260 Limitation on Liability.
15.56.270 Confidentiality of Alarm Information.
15.56.280 Criminal Penalties.
15.56.290 Application of Chapter.
15.56.010 Findings.
A. The City Council finds and determines that the majority of alarms that police officers
respond to are false alarms.
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B. False alarms present a threat to the public health and safety by endangering police
officers and the public by causing an emergency response to a non -emergency event and utilize
valuable police services for non -emergency purposes.
C. False alarms are typically the result of user errors, service errors, faulty installation or
service, and equipment failure.
D. The City Council finds and declares that False Alarms constitute a nuisance.
E. In enacting this Chapter, the City Council has been mindful of the preemptive effect of
state law, in particular Business and Professions Code Sections 7590, et seq., and, in reliance
upon Business and Professions Code Section 7592.8, this Chapter governs False Alarm
activations and responses.
F. The City Council finds that any regulatory fee established by this Chapter is not a tax as
that term is defined in subdivision (e) of Section 1 of Article XIIIC of the California Constitution
(Proposition 26) because it is a charge for a specific benefit conferred directly to alarm users
which is not provided to those not charged and which does not exceed the reasonable costs of
conferring the benefit. Moreover, the regulatory fee established is a charge imposed for the
reasonable regulatory costs incurred by the City in the enforcement of this Chapter and fines
and penalties are imposed as a result of a violation of law.
15.56.020 Definitions.
For the purpose of this Chapter, certain words and phrases shall be construed in this Chapter
as set forth in this section unless it is apparent from the context that a different meaning is
intended:
A. "Alarm Agent" means any person employed by an Alarm Company Operator whose
duties include the altering, installing, maintaining, moving, 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 or a person who manages or
supervises a person employed by an Alarm Company Operator to perform any of the
duties described in this Chapter.
B. "Alarm Company Operator" means any person who, for any consideration whatsoever,
engages in business or accepts employment to install, maintain, alter, sell on premises,
monitor, or service alarm systems or who responds to alarm systems except for any
alarm agent. "Alarm Company Operator" includes any entity that is retained by a
licensed Alarm Company Operator, a customer, or any other person or entity, to monitor
one or more alarm systems, whether or not the entity performs any other duties within
the definition of an Alarm Company Operator. "Alarm Company Operator" however,
does not include a business that merely sells from a fixed location or manufactures
alarm systems unless the business services, installs, sells on premises, monitors, or
responds to alarm systems at the protected premises.
C. "Alarm Dispatch Request" means a notification to the Lodi Police Department that an
alarm system has been activated that requires a response by the Police Department.
D. "Alarm Response Manager" (ARM) means a person designated by an Alarm Company
Operator that is knowledgeable of the provisions of this Chapter, and has the ability and
authority to ensure compliance with such provisions and respond to requests from the
Police Department and deactivate or repair an alarm system.
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E. "Alarm Site" means a location served by one or more alarm systems. In a multi -unit
building or complex, each unit shall be considered a separate alarm site, if served by a
separate alarm system; in a single -unit building that houses two or more persons with
separate alarm systems, each person's alarm system will be considered a separate
alarm site.
F. "Alarm System" means an assembly of equipment and devices arranged to signal the
presence of an event or situation requiring urgent attention and to which police are
expected to respond.
Alarm systems include, but are not limited to silent alarms, audible alarms, proprietor
alarms, and direct dial telephone devices. The following devices shall not constitute
alarm systems within the meaning of this section:
1. Devices which are not installed, operated, or used for the purpose of reporting an
emergency to the Police Department;
2. Alarm devices affixed to motor vehicles, trailers, or trailer coaches (as defined in
California Vehicle Code Sections 415, 6300 and 635), vessel, or aircraft; and
3. Alarm devices installed on a temporary basis by the Police Department.
G. "Alarm User" means any person who owns, leases, rents, possesses, or operates an
alarm system.
H. "Alarm User Awareness Class" means a class conducted for the purpose of educating
alarm users about the prevention of false alarms and the responsible use, operation, and
maintenance of alarm systems.
"Applicant" means a person, firm, or corporation who files an application for a permit as
provided for in this Chapter.
J. "Audible Alarm" means an alarm system that emits a sound when activated.
K. "Automatic Calling/Dialing System" means an alarm system that automatically sends
over telephone lines, by direct connect or otherwise, a recorded message indicating an
emergency situation exists.
L. "Cancellation" means the termination of a Police Department response to an alarm
dispatch request that is made before a responding officer arrives at the alarm site in
response to such alarm dispatch request.
M. "City" means the City of Lodi, California.
N. "Day" means a calendar day.
O. "Enhanced Call Confirmation" ("E.C.C.") means the requirement that Alarm Company
Operator must first attempt to determine whether an emergency exists before making an
alarm dispatch request. E.C.C. requires an Alarm Company Operator to attempt to
contact: (1) a person at the alarm site; (2) an alarm user, or their designated
representative; or (3) a responsible party; and make a second call to a different number,
if the first attempt is unsuccessful.
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P "False Alarm" means the activation of an alarm system resulting in a response by the
Police Department, or other emergency personnel, where an emergency of the kind for
which the alarm system was designed to give notice does not exist.
Q. "Nuisance Alarm System" means an alarm system that has been declared a public
nuisance pursuant to this chapter, due to excessive false alarms.
R. "One -Plus Duress Alarm" means the manual activation of a silent alarm signal by
entering a code that adds one number to the last digit of the normal arm/disarm code
(e.g., normal code = 1234, one -plus duress code = 12345).
S. "Person" means an individual, firm, company, corporation, limited liability company,
partnership, association, or organization.
T "Police Department" means the City of Lodi Chief of Police and his or her designee.
U. "Proprietor Alarm" means an alarm which is not regularly serviced by an Alarm Company
Operator.
"Protective or Reactive Alarm System" means an alarm system that produces a
temporary disability or sensory deprivation through use of chemical, electrical, sonic or
other means, including use of devices that obscure or disable a person's vision.
W. "Responsible Party" means a person who is capable of appearing at an alarm site upon
request who possesses: (1) lawful access to the alarm site; (2) a code to disarm or
disable the alarm system; and (3) authority to approve repairs or modifications to the
alarm system.
15.56.030 Permit for Alarm System Required.
No person who owns, leases, rents, or otherwise possesses an alarm system shall operate
such alarm system without first obtaining an alarm permit issued by the city in accordance with
the provisions of this Chapter. A separate alarm permit is required for each alarm site.
Owners of proprietor alarms shall abide by all provisions of this Chapter and are subject to all
applicable fees, fines, suspensions, penalties or other requirements.
It is unlawful for any person to use an alarm system without having a valid alarm permit. any
person using an alarm system without having a valid permit shall be subject to a fine in an
amount as may be established from time to time by resolution of the City Council.
15.56.040 Application for Alarm Permit.
An application for an alarm permit shall be filed with the Police Department on forms provided
by the City, and the Applicant shall, at the time of application, pay a fee in an amount as may be
established from time to time by resolution of the City Council. The application shall be signed
and verified by the alarm user of the alarm system for which the permit is requested, and the
application shall contain such information as may be required by the Police Department 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 Police Department and shall be
nontransferable.
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The Applicant shall provide the names, addresses and phone numbers of the Alarm Company
Operator selling or installing the alarm system, or if the alarm user is not under a service
contract with an Alarm Company Operator, at least two responsible parties that are accessible
in the event of an emergency. Failure on the part of the alarm user to keep emergency contact
numbers provided in the alarm permit application current shall be grounds for revocation of the
alarm permit.
15.56.050 Alarm Permit Issuance.
The Police Department may issue an alarm permit to an applicant upon receipt of a completed
alarm permit application form and the payment of all fees.
The following shall be grounds for denial of an alarm permit:
A. The applicant has failed to pay an outstanding fee or fine assessed pursuant to this
Chapter;
B. The applicant's alarm permit has been suspended;
C. The applicant's alarm system is maintained or operated in violation of this Chapter;
D. The Alarm Company Operator designated in the permit application is not properly
licensed;
E. Any false statement of a material fact made in an alarm permit application.
15.56.060 Residential Alarm Permit Fee and Renewal.
A. Residential alarm permits shall be valid for a period of two (2) years from the date of
issuance. Residential alarm permit holders shall file a renewal application with updated
information prior to the expiration of the alarm permit. A permit renewal fee shall not be
required if an alarm permit is timely renewed. Residential alarm permits shall
automatically expire upon change of ownership of the real property where the alarm site
is located.
B. Residential alarm permit and renewal fees may be established from time to time by
resolution of the City Council.
C. Residential alarm permit fees, as they now exist or may hereafter be modified under this
Chapter, may be reduced in an amount to be established from time to time by resolution
of the City Council for those residential alarm systems owned, operated, or rented by
persons meeting the eligibility criteria for applicable electric service discounts, as
provided in Lodi Municipal Code Chapter 13.20. Proof of eligibility will be required by the
City in order to qualify for the fee adjustment provided herein.
15.56.070 Non -Residential Alarm Permit Fees and Renewal.
A. Non-residential alarm permits shall expire one year from the date of issuance, and must
be renewed annually by the alarm user. Renewal applications and fees shall be
submitted prior to the expiration of the permit. Non-residential alarm permits shall
automatically expire upon change of ownership of the real property where the alarm site
is located.
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B. Non-residential alarm permit and renewal fees may be established from time to time by
resolution of the City Council.
15.56.080 Suspension and Revocation of Permits.
An alarm permit may be suspended and/or revoked as follows:
A. If, after investigation, the Chief of Police, or designee, determines that an alarm user 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, fine, or fee as provided in this Chapter, the Chief of Police,
or designee, shall send to the alarm user, by registered mail, a notice of intent to
suspend or revoke the permit, which notice shall specify the violation or violations
determined by the Chief of Police, or designee, to exist.
B. The notice shall inform the alarm user of the right to appeal the determination of the
Chief of Police, or designee, to suspend or revoke the permit to the City Manager, as
provided in Section 15.56.230 of this Chapter.
C. The notice shall inform the alarm user that failure to remedy the violation or violations
specified in the notice of suspension or revocation within fifteen (15) Days from receipt of
notice of suspension or revocation, or within such additional time as may be allowed by
the Chief of Police upon a showing of good cause thereof, or the filing of an appeal
pursuant to Section 15.56.230, will cause the alarm permit to be suspended or revoked
until the alarm permit has been reinstated.
15.56.090 Reinstatement of Suspended Alarm Permits.
Suspended alarm permits may be reinstated if the permittee fulfills the following requirements:
A. Pays all applicable reinstatement fees as may be established from time to time by
resolution of the City Council;
B. Pays, or otherwise resolves, all outstanding fees, fines, and other charges;
C. Submits a written statement from an Alarm Company Operator or alarm agent certifying
that the alarm system has been inspected, repaired or replaced, if necessary, and is
functioning properly; and
D. Successfully completes an Alarm User Awareness Class.
15.56.100 Alarm Company Operator Registration.
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 of
an alarm system in any building, place or premises within the City without first having registered
with the Police Department; provided, however, such registration shall not be recorded for any
business which only sells or leases such alarm systems from a fixed location unless such
business services, installs, monitors, or responds to such alarm systems at the alarm site.
Registration shall be accomplished by furnishing the full name of the business and a copy of the
state -issued Alarm Company Operator identification card. There will be no charge for such
registration.
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15.56.110 Alarm Agent Registration.
It is unlawful for any person to engage directly in the selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing of an alarm system in or around any building,
place or premises within the City without first having registered his or her full name and having
filed with the Chief of Police a copy of his or her state -issued identification card; provided,
however, nothing herein shall require a person to be so registered in order to install, service,
repair, alter, replace or move an alarm system on the premises owned or occupied by that
person; and further provided, nothing herein shall require a person to so register when that
person is merely a salesman for any business which is not required to obtain an alarm business
permit, under the provisions of this Chapter, if such salesman does not engage in any other
activity related to this Chapter, apart from selling. When registration is required, there will be no
charge for registration.
15.56.120 Duties of Alarm Company Operators - False Alarm Activations and Responses.
An Alarm Company Operator shall:
A. Designate a person to serve as an Alarm Response Manager (ARM) for the Alarm
Company Operator. The name, contact number, and email address of the ARM shall be
provided to the Police Department;
B. Maintain all records pertaining to an alarm dispatch request for a period of one year from
the date of such alarm dispatch request. Records must include the name, address and
telephone number of the alarm user, each alarm system zone activated, and the time of
alarm dispatch request. An Alarm Company Operator shall furnish such records to the
Police Department within fifteen (15) Days of receiving an alarm dispatch request;
C. Upon request, immediately provide the Police Department with the names and phone
numbers of an alarm user's designated agents or persons who have been authorized to
disable and/or reset an alarm user's alarm system;
D. Ensure that alarm users of alarm systems equipped with duress, robbery, hold-up or
panic alarms have been provided adequate training as to the proper use, operation, and
function of the alarm system;
E. Report alarm signals and alarm dispatch request cancellations to the Police Department
using approved communication procedures designated by the Police Department;
F. Employ Enhanced CaII Confirmation (ECC) verification procedures prior to making an
alarm dispatch request, except alarm signals transmitted by panic, duress, or holdup
alarms;
G. Promptly inform the Police Department of any available zone information (north, south,
front, back, door, window etc.) about the location of an alarm signal(s);
H. Promptly inform the Police Department of the type of alarm activation (silent or audible,
interior or perimeter), if available;
Promptly inform the Police Department of any alarm site known, or believed, to have
guard dog(s), pets, or a protective or reactive alarm system. During any alarm response
to such alarm site, an Alarm Company Operator shall contact a responsible party and
confirm that he or she will respond to the alarm site to disarm the device or take control
of any guard dog(s);
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J. Promptly inform the Police Department whenever an Alarm Company Operator knows
that an alarm user or responsible party is at or on the way to the alarm site;
K. Provide within thirty (30) Days of the effective date of this Chapter, a list of all alarm sites
in the city that are monitored by the Alarm Company Operator, which includes the alarm
user, alarm site address, alarm user billing address, and telephone number to the Police
Department. Alarm Company Operators shall provide an updated list of monitored alarm
sites and alarm users upon request of the Police Department;
L. Not install an alarm system for a customer who does not have a current valid permit
under this Chapter; and
M. Not service a new customer who does not have a current valid alarm permit under this
Chapter.
15.56.130 Notification of Changes.
Any Alarm Company Operator registered with the Police Department shall, within thirty days,
report to the Chief of Police any change of business name, address or ownership.
Alarm Company Operators shall provide all required information, including the name, address
and telephone number of new customers within fifteen (15) days of installing an alarm system,
or entering into a contract to monitor an alarm system.
15.56.140
Alarm User Instruction Required.
A. It is the responsibility of the Alarm Company Operator or installer to instruct the alarm
user of the requirements as defined in this chapter, the proper use and operation of the alarm
system, whether silent or audible, including specifically all necessary instruction in turning off
such alarm system, and provide instruction on the prevention of false alarms. The Alarm
Company Operator and alarm installer shall advise the alarm user that intentionally activating an
alarm system in the absence of an emergency is a criminal offense under Section 148.3 of the
California Penal Code and a violation of this Chapter.
B. ' After the initial installation, it shall be the responsibility of the alarm user to instruct those
individuals authorized by the alarm user to use the alarm system in the proper use and
operation of such device or alarm system whether silent or audible, including specifically all
necessary instruction in turning off or disabling such alarm system, and that intentionally
activating an alarm system in the absence of an emergency is a criminal offense under Section
148.3 of the California Penal Code and a violation of this Chapter. Alarm users shall be
responsible for the actions of any persons authorized to operate an alarm system, and shall be
jointly liable for any violations of this Chapter.
15.56.150 Duties of Alarm Users.
Alarm users shall comply with the following duties:
A. Maintain their alarm site and alarm system
false alarms;
B. Make every reasonable effort to deactivate
alarm site; and provide alternative security
Police Department;
in a manner that will minimize or eliminate
their alarm system; provide access to their
for their alarm site when requested by the
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C. Keep written operating instructions for each alarm system at each alarm site;
D. Provide their Alarm Company Operator with the current names and telephone numbers
of at least two responsible parties who are capable of receiving notification of the
activation of their alarm system and responding to the alarm site if necessary, to provide
access to the alarm site and/or deactivate the alarm system;
E. Not allow their alarm system to transmit a false alarm;
F. Notify their Alarm Company Operator if their alarm permit has been suspended or
revoked;
G. Ensure that a representative of either an Alarm Company Operator or the alarm user
responds to the location of a false alarm within twenty (20) minutes of receiving notice of
the false alarm. If no representative is available, the Police Department may conduct an
external visual check only; and
H. Provide the Police Department with updated information within five (5) Days if there are
any changes to the information provided in the most recent permit application.
Alarm users who fail to comply with the duties established in this section may be subject to a
fine in an amount which may be established from time to time by resolution of the Lodi City
Council.
15.56.160 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 fifteen (15) consecutive minutes after the alarm system
is activated and not repeat the fifteen (15) minute audible sound more than two times during a
single activation event. Such alarm systems shall include an automatic resetting device which
shall cause the subject alarm system to be rearmed upon automatic shutoff.
Alarm users with audible alarms shall appoint an agent who is authorized and capable of
responding to such alarm site to disable the alarm system when it is activated and fails to reset
itself, or continues to activate for more than (30) thirty minutes.
15.56.170 Power System.
An alarm system shall be supplied with an uninterruptible power supply in such a manner that
the failure or interruption of the normal utility electrical service will not activate the alarm system.
The backup power supply must be capable of at least four (4) hours of operation.
15.56.180 Testing Alarm.
An Alarm User shall notify the Police Department prior to any service, test, repair, maintenance,
adjustment, alterations or installations of alarm systems that would normally result in a police
response. Any alarm system activated where such prior notice has been given shall not
constitute a false alarm.
15.56.190 Prohibitions.
A. No person shall operate, 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.
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B. No person shall operate or use an alarm system having an automatic calling/dialing
system which, when activated, automatically dials a telephone line or transmits a pre-
recorded message or signal to the Police Department or City.
C. No person shall operate or use an alarm system that emits an audible sound where the
emission of such sound does not automatically cease within thirty (30) minutes.
D. No person shall program an alarm system so that it is capable of sending a one -plus
duress alarm. Alarm Company Operators may continue to report one -plus duress alarms
received from alarm systems programmed with one -plus duress alarms installed prior to
the effective date of this Ordinance.
E. No person shall install, modify or repair single-action devices for the activation of hold-
up, robbery, or panic alarms. New devices shall require two actions or an activation time
delay to provide more positive assurance that the user intends to activate the device.
F. No person shall cause or allow an alarm system to emit a false alarm.
Any person who fails to comply with the provisions of this Section may be subject to a fine in an
amount which may be established from time to time by resolution of the Lodi City Council.
15.56.200 False Alarm Penalty and Fines.
A. Any person who maintains, uses, or possesses an alarm system that has caused a false
alarm, or is from an alarm system which had been ordered disconnected by the Chief of Police,
or designee, shall pay a false alarm penalty to the City, as follows:
1. For the second false alarm within a six-month period (January -June or July -
December), the alarm user shall pay a false alarm penalty as may be designated from time to
time by Lodi city council resolution.
2. For the third and each subsequent false alarm within that six-month period, the
alarm user shall pay an additional false alarm penalty as may be designated from time to time
by the Lodi City Council.
B. Failure to pay false alarm penalties as provided in this section shall be grounds for
revocation of an alarm user's permit. The alarm user has the right of appeal as specified in
Section 15.56.240 of this Chapter, with respect to penalties imposed by the Chief of Police, or
designee, for false alarms, pursuant to the provisions of this Chapter.
C. An alarm dispatch request that has been cancelled prior to a Police Officer arriving at the
Alarm Site, shall not be considered a false alarm.
D. An Alarm Company Operator shall be assessed a fine in an amount designated by
resolution of the Lodi City Council if a responding Police Officer determines that the actions, or
inactions, of the Alarm Company Operator caused the false alarm. Such false alarms shall be
excluded from the number of false alarms attributed to an alarm user and the alarm user shall
not be subject to a fine for such false alarm.
E. Any Alarm Company Operator that fails to employ Enhanced Call Confirmation
("E.C.C.") procedures shall be subject to a fine in an amount as designated by resolution of the
Lodi City Council.
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F. All fees and fines shall be due within thirty (30) Days of the date of written notice. Any
fee or fine which is not paid within thirty (30) Days shall be subject to a late charge in an amount
as designated by resolution of the Lodi City Council.
G. The permittee has the right to appeal any fines or penalties for false alarms, as specified
in Section 15.56.240 of this Chapter.
15.56.210 Exceptions to False Alarm Count.
The Chief of Police, or designee, may reduce the number of false alarms counted against an
alarm user, and may waive all or part of any assessed fines or penalties, based on clear and
convincing evidence establishing one or more of the following:
A. A false alarm was caused by the acts of a communications services provider, such as a
telephone, cellular, or cable company;
B. A false alarm was caused by a power outage in duration of more than four (4) hours;
C. A false alarm was caused by an act of God, such as severe weather;
D. An alarm dispatch request resulted from an event that was proven to be legitimate
emergency; or
E. The alarm user has taken corrective action when multiple false alarms have occurred
within a 24-hour period, in which case, the events may be counted as one false alarm.
15.56.220 Procedure for Imposition of False Alarm Fees, Fines, Suspension and
Revocation of Permits.
A. Notice of imposition. The Chief of Police, or designee, shall deliver a written notice of the
imposition of false alarm fees, fines, or intent to suspend or revoke an alarm permit to
the alarm user, by first class mail, at the address provided in the alarm permit, and the
address where the false alarm originated, if different. The notice shall specify the amount
of fees or fines to be assessed or action to be taken. The notice shall specify the date,
time and nature of the events which are the basis for the imposition of false alarm fees,
fines, or suspension, or revocation. The notice shall state any corrective actions required
and state the consequences of failing to comply with the notice.
B. Right to appeal. An alarm user may contest the assessment of a fee, fine, or alarm
permit suspension or revocation by paying the fee or fine, if any, and timely requesting a
hearing within fifteen (15) Days after service of the notice of imposition as set forth in
Section 15.56.240 of this Chapter.
C. Notice of right to appeal. A notice of the right to appeal shall be included with a notice of
imposition of any fee, fine or action imposed under this Chapter. The notice shall state
that the alarm user has the right to request a hearing by submitting a written request
within fifteen (15) Days after service of the notice of imposition.
D. Collection of fees and fines. In the event a person fails to pay fees and fines assessed
pursuant to the provisions of this Chapter, the City may institute an action in any court of
competent jurisdiction to collect any charges, together with interest, which may be due
and payable, and all administrative costs of collection in the same manner as any other
debt owing to the City may be collected.
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15.56.230 Nuisance Alarm Systems.
A. The Chief of Police, or designee, may abate any nuisance alarm systems, by
suspending or revoking an alarm permit, and demanding that the owner, lessee or user
disconnect and cease using the nuisance alarm system, until the nuisance alarm system
has been repaired or replaced within a reasonable time and the nuisance has been
abated.
B. Any alarm system that causes two (2) or more false alarms within a 12 -month period
may be declared a nuisance alarm system by the Chief of Police, or designee.
C. Nuisance alarm systems shall be abated as set forth in Lodi Municipal Code, Chapter
1.10 and the alarm user shall be provided with notice of the intent to abate the alarm
system, by serving the alarm user personally or by first class mail, at the address
provided in the alarm permit and the address where the false alarm originated. The
notice shall specify the date, time and nature of the events which are the basis of the
abatement action, state the corrective actions to be taken and a reasonable timeline for
complying, the consequences of failing to appeal, and the timeline and procedure to file
an appeal.
D. It shall be unlawful to continue operating a nuisance alarm system after service of the
notice of abatement.
E. If the alarm user has not corrected the nuisance alarm system within the time period
specified in the notice to the alarm user, the nuisance alarm system may be disabled by
the Police Department, or a third party under contract with the Police Department. The
alarm user shall be liable for any costs or damages incurred in abating the nuisance. No
liability will be assumed by the city or any of its agents in eliminating noise disturbance
caused by nuisance alarm systems.
F. A hearing on whether an alarm system is a nuisance may be held in the same manner
as set forth in Section 15.56.240 of this Chapter. Alarm users shall be provided notice of
the right to request such a hearing.
G. The Chief of Police, or designee, shall notify the alarm user of a decision in writing by
certified mail, by no later than two weeks after the hearing. The decision may be
appealed as set forth in Lodi Municipal Code Chapter 1.10.
H. A determination that an alarm system is a nuisance may be overturned by the Chief of
Police, or designee, upon clear and convincing evidence that the nuisance has been
abated and the cause of the false alarms or audible disturbances have been remedied.
15.56.240 Appeal Procedure.
If any person is aggrieved by an action of the City taken pursuant to the provisions of this
Chapter, the person may file a notice of appeal with the City Manager, setting forth the facts and
circumstances and basis of the appeal. A notice of appeal shall be filed not later than fifteen
(15) days after service of a notice of the action to be appealed as provided in this Chapter. The
City Manager, or designee, shall, within fifteen (15) days from the date on which the appeal is
filed, hold a hearing, consider all relevant evidence produced by the appellant, the City, and any
other interested parties, make findings and determine the merits of the appeal. The City
Manager, or designee, may affirm, overrule, or modify the action of the City. The decision of the
City Manager, or designee, may be appealed within ten (10) calendar days from the service of
the notice of the decision, as provided in Lodi Municipal Code Sections 1.10.450 through
1.10.500 and 1.10.520, and the decision of the administrative hearing officer shall be final.
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15.56.250 Fees.
Fees prescribed in this Chapter shall be in addition to any other lawful fees imposed by the City
for doing or conducting business within the City. The schedule of charges and fees for the Alarm
Systems and permits will be established and adopted by the City Council from time to time by
resolution.
15.56.260 Limitation on Liability.
The City is under no obligation or duty to any alarm user or any other person by reason of any
provision of this Chapter or the exercise of any privilege by any alarm user under this Chapter,
including, but not limited to, any defects in an 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.
15.56.270 Confidentiality of Alarm Information.
Information provided to the City pursuant to this Chapter is a public record, subject to
exemptions from disclosure pursuant to state statutes. The Chief of Police or designee shall be
charged with the responsibility of maintaining all records kept pursuant to this Chapter.
15.56.280 Criminal Penalties.
Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor.
15.56.290 Application of Chapter.
Any person who, on the effective date of the ordinance codified in this Chapter, 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 months after the effective date of
the ordinance codified in this Chapter.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code Section 36933(c)(1).
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Approved this 17th day of May, 2017
DO I G KUE
Mayor
Attest:
JE Y ER M.
Cit Jerk
RAIOLO
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1942 was introduced at a regular meeting of the City Council of the City of Lodi held
May 3, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of
said Council held May 17, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler and Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1942 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
a--)4(a-L4
n
J ! FER M ERRAIOLO
Ci Clerk
Approved as to Form:
4-/(1
J }HN P. FUKASAWA
Deputy City Attorney
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