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Ordinance Number 395ORDINANCE NO. 395 REGULATING ALARM SYSTEMS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING THE INSTALLATION, MAINTENANCE, AND USE OF LOCAL PROTECTIVE SIGNALLING SYSTEMS FOR BURGLARY, ROBBERY, AND FIRE AND RESCUE PURPOSES THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 4X011COUNDF 1. Definitions. 2. Alarm Systems, Standards and Regulations. 3. Direct Dial Telephone Devices. 4. Direct Alarms. 5. Responsibilities of Alarm System Subscribers or Users. 6. Automatic Shutoff Requirements - Audible Alarms. 7. Delay Device Requirements. 8. False Alarms - Prevention and Payment of Costs. 9. Intentional False Alarms - Penalties. 10. Effective Date. 11. City Clerk's Certification. SECTION 1. Definitions. The following terms as used in this Ordinance shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: ALARM AGENT means any person who is employed by an alarm business, either directly or indirectly, whose duties include any one or more of the following: selling, maintaining, leasing, servicing, repairing, inspecting, altering, replacing, moving, or installing on or in any building, structure, or facility, any alarm system, but shall not include persons engaged in the manufacture or sale of alarm systems from fixed locations and who neither visit the location where such alarm systems will be installed nor design the plan for the physical location and installation of such alarm system at a specific location. ALARM BUSINESS means the work, occupation, or profession of any person who performs, authorizes, directs, or causes the selling, leasing, maintaining, servicing, inspection, repairing, altering, replacement, moving, or installing of any alarm system, including any business that monitors alarms. ALARM SUBSCRIBER means any person who purchases, leases, contracts for, or otherwise obtains an alarm system or for the servicing or maintenance of an alarm system. D. ALARM SYSTEM means any mechanical or electronic device installed at private property which emits a sound or transmits a signal or message when activated, designated, or used for: The detection of an unauthorized entry into, or unlawful act committed within, a building, structure, facility; or -1- 2. The detection of fire, smoke, heat or which requires response of medical equipment; and, 3. Creates an action from the Emergency Response Agency. Provided, however, that this definition shall not include domestic smoke, fire or burglar alarm devices whose primary purpose is to awaken or alert persons on the premises and,which emit a light or sound only within the protected premises. E. DIRECT ALARM means any alarm system connecting an authorized source to the Emergency Response Agency by a leased telephone line that may be connected by any automatic dialing device or any other direct line that has no intermediate station. F. EMERGENCY RESPONSE AGENCY means the County of Orange Sheriff -Coroner, County of Orange Fire/ California Department of Forestry and the County of Orange General Services Agency Communications Division. G. FALSE ALARM means the activation of an alarm signal necessitating response by an Emergency Response Agency when an emergency situation does not exist. SECTION 2. Alarm Systems, Standards and Regulations. All alarm systems shall meet or exceed the standards established by the Sheriff -Coroner, County Fire Warden, including National Fire Protection Association Codes 72A and 72C, or Director, General Services Agency, or such other regulations as may be adopted by the City Council and/or Board of Supervisors. The Sheriff -Coroner may exempt any alarm system or kind or type of alarm system from any or all of the requirements of this Ordinance if in his opinion such system does not create a substantial danger of generating false alarms necessitating a response by an Emergency Response Agency. SECTION 3. Direct Dial Telephone Devices. No person shall lease, maintain, service, repair, alter, replace, move, install, or use any alarm system which automatically direct dials the telephone number of an Emergency Response Agency. Alarm businesses which deal in direct dial telephone devices shall advise each person who acquires such a device for use in any area subject to this Ordinance of the existence of this Ordinance or shall provide a copy thereof to that person. Alarm businesses may obtain copies from the Sheriff -Coroner. Within ninety (90) days of the effective date of this Ordinance, all direct dial telephone alarm systems to an Emergency Response Agency shall be deactivated or modified so as to remove their direct dialing characteristics. Such alarm system, as modified, must comply with this Ordinance and such additional regulations as may be adopted by the City Council and/or Board of Supervisors. SECTION 4. Direct Alarms. Direct alarm systems shall not be connected to an Emergency Response Agency except with the permission of the Emergency Response Agency. -2- R&M SECTION 5. Responsibilities of Alarm System Subscribers or Users. When an alarm system has been activated for an alarm subscriber the alarm business which provides the subscription service shall arrange at all times to have an alarm agency with the ability to be present at the location of the alarm within one (1) hour after being requested to do so by a representative of the Emergency Response Agency. The user of an alarm system which is not part of a subscription service shall designate a person to be available to respond to the protected premises within one (1) hour after being requested to do so by a representative of an Emergency Response Agency. The subscriber or user shall maintain the alarm equipment in proper working order at all times. Each alarm business or user shall furnish to the Emergency Response Agency the names, addresses, and telephone numbers of as many persons as deemed necessary by the Emergency Response Agency to call in the event of an emergency. Changes occurring in any names, addresses, or telephone numbers provided shall be immediately communicated to the Emergency Response Agency in writing. All alarm equipment, installations, and repairs shall comply with rules and regulations promulgated by the Emergency Response Agency regulating the times and conditions under which such installations or repairs may be made or tested. SECTION 6. Automatic Shutoff Requirements - Audible Alarms. All audible alarm systems shall, after activation, limit the generation of the audible sound to a maximum of fifteen (15) minutes when the alarm system is protecting a residential premises, and thirty (30) minutes when an alarm is protecting any other premises. This limitation shall be incorporated into the equipment at the protected location. Said system may include an automatic resetting device causing the subject system to rearm upon automatic shutoff. SECTION 7. Delay Device Requirements. All direct alarm systems shall delay, after activation, signal transmission to the Emergency Response Agency for a period of at least thirty (30) seconds. In addition, all direct alarm systems shall, immediately upon activation, emit a signal perceptible to any person entering, leaving, or occupying the protected premises, except those systems identified as silent alarms. All alarms shall have a device to manually deactivate the alarm on all equipment installed at the protected premises. L, SECTION 8. False Alarms - Prevention and Payment of Costs. In addition to any other fines or penalties established by law, each Emergency Response Agency shall establish rules and regulations regarding penalties to be imposed upon any alarm business, alarm agency, alarm subscriber or user or proprietor of an alarm system which is not installed or maintained in accordance with the -3- requirements of this Ordinance and which, by reason thereof, signals a false alarm. Such penalties may include refusal to respond to an alarm at the protected premises, payment of the cost of the Emergency Response Agency in responding to the false alarm, and payment of damages to the Emergency Response Agency or to any other person who may suffer damages proximately caused by the response of an Emergency Response Agency to the false alarm. SECTION 9. Intentional False Alarms -,Penalties. No person shall intentionally initiate a false alarm except for purposes of testing an alarm system and then only after having given the Emergency Response Agency prior notice thereof. Any person who violates this Ordinance shall be guilty of a misdemeanor and shall be also subject to the other penalties prescribed by Section 8. SECTION 10. Effective Date. This Ordinance shall take effect and be in force 30 days after its passage. SECTION 11. Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 5th day of December 1979 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None EN ETH E. FRIESS, MAYOR ATTEST: CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 395 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 28 1979 , and adopted at a meeting held on December 5 1979. (SEAL) MARY ANN OVER, CITY CLERK SL'