Editor's note—Ord. No. 2004-12, § 1,
adopted 5-19-04, repealed and replaced Chapter 6A, as herein set out.
For the purpose of this chapter, the following words and phrases
shall be construed as set forth in this section:
means an annual registration application submitted to the city in conjunction with operation of an alarm system, as described in section 6A-3.
means a fire alarm, a robbery alarm, a burglary alarm, or
a medical alarm.
means: 1) any mechanical or electrical device that is designed
to cause or causes a local audible alarm or transmission of a signal
in the event of a burglary in progress or of an unauthorized intrusion
into a property; 2) an alarm system that sends a signal to a third
party who calls the city to report a burglary in progress; and 3)
any alarm system that is otherwise used to evoke a police department
response.
means the accidental or intentional activation of any alarm
system through mechanical failure, accidental tripping, misuse, or
intentional mischief by any person, when there has been no fire or
medical emergency or robbery or burglary in progress on the premises
where the alarm system is activated. Upon failure of the police department
or fire department to find any evidence of intrusion, fire, or other
need or cause for activating an alarm system, a conclusive presumption
of false alarm will be made.
means: 1) any mechanical or electrical device that is designed
to cause or causes a local audible alarm or transmission of a message
in the event of a fire or excess smoke; 2) an alarm system that sends
a signal to a third party who calls the city to report a fire or smoke
emergency; and 3) any alarm system that is otherwise used to evoke
a fire department response.
means: 1) any mechanical or electrical device that is designed
to cause or causes a local audible alarm or transmission of a signal
in the event a person is experiencing or witnessing a medical emergency
or other peril to human life; 2) an alarm system that sends a signal
to a third party who calls the city to report a medical emergency
in progress; and 3) any alarm that is otherwise used to evoke a response
from fire or emergency medical personnel.
means: 1) any mechanical or electrical device that is designed
to cause or causes a local audible alarm or transmission of a signal
in the event of a robbery in progress; 2) an alarm system that sends
a signal to a third party who calls the city to report a robbery in
progress; and 3) any alarm system that is otherwise used to evoke
a police department response.
(Ord. No. 2004-12, § 1, 5-19-04)
The city reserves the right to inspect all alarm systems installed
within the city, following reasonable prior notice.
(Ord. No. 2004-12, § 1, 5-19-04)
(a)
No
person shall install, maintain, lease, service, repair, alter, replace,
move, or use any alarm system without first obtaining an alarm registration
approval from the city.
(b)
The
application for an alarm registration shall be accompanied by a fee,
which shall be established periodically by resolution of the city
council.
(c)
An
alarm registration shall remain valid for the city's fiscal
year, unless revoked, suspended, or withdrawn by the user. The registration
application must describe the alarm location, type of alarm system,
type of response expected from city personnel, the name of the property
owner or user, and contact information for the business or property
owner, listing one responsible persons. In the event any of the registration
information changes during the year of its validity, the applicant
shall supply the changes to the city within five days of the change.
(d)
One
of the contact persons listed in the alarm registration shall be required,
if notified and requested by the city, to be present at the alarm
location within 30 minutes after being advised that the city's
dispatch center has received any signal or message of alarm system
activation.
(e)
A
separate alarm registration is required for each building or facility
which contains an alarm system that could evoke an emergency response.
(f)
An
alarm registration is not transferable to a new owner upon sale or
transfer of an alarm location which has an existing alarm registration.
However, no new fee shall be collected upon transfer, until the annual
fee is due during the next fiscal year.
(g)
No
alarm registration will be required for a personal medical alert system.
A personal medical alert system is a small medallion or handheld device
that is worn on the person or carried with the person, and intended
to be used in the event of an emergency.
(Ord. No. 2005-11, § 1, 6-1-05)
(a)
When
an alarm system activation is determined to be a false alarm, as defined
by this chapter, the owner of the alarm system must pay a false alarm
prevention fee to the city within the time specified in a notice from
the city to the owner.
(b)
The
amount of the false alarm prevention fee shall be established periodically
by resolution of the city council, and shall take into account the
number of times an alarm system has caused a false alarm within the
fiscal year alarm permit period, the type of alarm system, the nature
of the required city response, the size or character of operations
of the property where the alarm system is located, and any other factor
the city council deems reasonable in preventing false alarms.
(c)
Where
an alarm system owner or operator uses a third party to administer
the alarm system or to administer the feature which alerts the city
of the activation of the alarm, the alarm system owner or operator
and the third party shall be jointly and severally responsible for
payment of any false alarm fee.
(d)
A
reasonable penalty shall be added to any false alarm bill which is
not paid on time. In addition to the penalty imposed, any person who
fails to pay a bill in full shall pay interest and collection fees
consistent with city ordinances.
(Ord. No. 2004-12, § 1, 5-19-04)
(a)
Unless
otherwise precluded by state or local law, the city may suspend the
use of an alarm system for the remainder of the alarm registration
period if the owner or operator of an alarm system has violated any
provision of this chapter.
(b)
Upon
suspension of an alarm system for any reason, the city must serve
the owner or operator with a written suspension order, which shall
state the reason(s) for such suspension. The order shall be effective
immediately if personally served, or 72 hours after the same has been
deposited by certified mail in any branch of the United States post
office, addressed to the owner or operator of such alarm system at
the address where the alarm system is located.
(c)
Immediately
upon the effective date of a suspension order, the owner or operator
shall discontinue the use of the alarm system. Except where prohibited
by state or local law, the city shall cease responding to the alarm
system that is the subject of a suspension order.
(d)
An
alarm system that has been suspended shall not be reactivated until
the owner or operator has received an alarm registration approval
from the city.
(Ord. No. 2004-12, § 1, 5-19-04)
Within 15 days from the effective date of any suspension order,
any person disputing the suspension of an alarm system may appeal
the decision to the city's building advisory and appeals board.
The suspension shall remain in effect pending the appeal. Such appeal
shall be filed with the city clerk in writing, and shall set forth
the basis of the appeal. The building advisory and appeals board shall
consider the appeal within a reasonable time after it is filed. Notice
of the appeal date shall be provided to all parties at least 10 days
in advance of the date on which the appeal is considered. The building
advisory and appeals board may affirm, overrule, or modify the suspension
order. The decision of the building advisory and appeals board shall
be final.
(Ord. No. 2004-12, § 1, 5-19-04)
With the exception of fire alarms, all alarm systems which create
an audible sound on the premises must cease making such sound after
20 minutes. A violation of this section shall be enforceable under
this chapter, under applicable noise ordinances of the Escondido Municipal
Code, and under applicable state law.
(Ord. No. 2004-12, § 1, 5-19-04)
Fees prescribed in this chapter shall be in addition to any
other lawful fees imposed by the City of Escondido for doing or conducting
business with the City of Escondido.
(Ord. No. 2004-12, § 1, 5-19-04)
The City of Escondido is under no obligation or duty to any
owner or operator of an alarm system or any other person by reason
of any provision of this chapter, or the exercise of any privilege
by any owner or operator of an alarm system, including, but not limited
to, any defects in an alarm system, any delay in transmission of an
alarm message to any emergency unit, or any damage caused by non-response
or in responding to any alarm system by any city officer, employee
or agent.
(Ord. No. 2004-12, § 1, 5-19-04)
If any provision of this chapter is for any reason held to be
invalid or unconstitutional by the decision of a court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this chapter, and the city council declares that each
provision is severable and that it would have adopted each provision
which is not found to be invalid irrespective of the fact that any
one or more provisions are declared invalid or unconstitutional.
(Ord. No. 2004-12, § 1, 5-19-04)
Fire alarms shall be certified by the state fire marshal, or
certified as otherwise required by law.
(Ord. No. 2004-12, § 1, 5-19-04)
Any person who violates any provision of sections 6A-3 through 6A-5 of this chapter shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during which any violation is committed or allowed to continue by such person.
(Ord. No. 2004-12, § 1, 5-19-04)
(Ord. No. 2004-12, § 1, 5-19-04)
