HomeMy WebLinkAboutORD 633 (1974) 1 ORDINANCE NO. 633
~ AN ORDINANCE OF THE CITY OF TUSTIN REGULATING
.. BURGLARY AND ROBBERY ALARM SYSTEMS AND
3 REQUIRING A PERMIT THEREFOR
4 The City Council of the City of Tustin does ordain as follows
5 Section 1 Title and Purpose
6 This ordinance shall be known as "The Burglary and Robbery
~ Alarm Ordinance". The purpose of this ordinance is to set forth
8 regulations governing burglary and robberg alarm systems, business-
9 es and agents within the City of Tustin, to require permits there-
10 for, to establish fees, and to provide for punishment of violations
1! of provisions of this ordinance.
12 Section 2 Findings
15 The City Council of the City of Tustin finds and determines
14 that the need to control the installation and operation of alarm
' 15 systems is of paramount importance for the protection of the public
16 safety and security.
17 Section 3 Definitions
18 For the purpose of this ordinance, certain words and phrases
19 shall be construed herein and set forth in this section, unless
20 it is apparent from the context that a different meaning is
21 intended.
22 (a) Alarm Agent means any person who is employed by an alarm
23 business, either directly=or indirectly, whose duties include any
24 of the following: selling, maintaining, leasing, servicing, re-
25 pairing, altering, replacing, moving, or installing on or in any
26 building, structure, or facility, any alarm system. Provided,
~- 2~ however, the provisions of this section shall not include any
28 person who engages in the manufacture or sale of an alarm system
29 from a fixed location and who neither visits the location where
50 the alarm system is to be installed, nor designs the scheme for
31 physical location and installation of the alarm system in a speci-
e2 fic location.
1 (b) Alarm Business means the business by any individual,
2 partnership, corporation or other entity of: selling, leasing,
5 maintaining, servicing, repairing, altering, replacing, moving
4 installing any alarm system or causing to be sold, leased,
5 maintained, serviced repaired, altered, ~reptaced, moved or
6 installed any alarm system in or on any building, structure, or
~ facility- '
8 (c) Alarm System mans any mechanical or electrical device
9 which is designed, or used for the detection of an unauthorized
10 entry into a building, structure or facility or for alerting
1! others of the commission of an'unlawful act within a building,
12 structure or facility, or obth; and which emits a sound or
13 transmits a signal or message when actuated. Alarm systems in-
14 clude, but are not limited to, direct dial telephone devices~
15 audible alarms and proprietor alarms. Devices which are not
16 designed or used to register alarms that are audible, visible or
17 perceptible outside of the protected building, structure or
18 facility, are not included within this definition, nor are
19 auxiliary devices installed by the telephone company to protect
20 telephone company systems which might be damaged or disrupted by
21 the use of an alarm system.
~2 (d) 'Appellant means a person who submits an appeal pursuant
23 to this ordinance.
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(e) Applicant means a person, firm, or corporation who,
~5 or whiuh files an application for a new or renewal permit as
26 provided in this ordinance.
27 (f) Audible Alarm means a device designed for the detectio-~-
28 of unauthorized entry on premises which generates an audible
29 sound on the premises when it is actuated.
30 (g) C__ity means City of Tustin.
31 (h) Day means calendar day.
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(i) False Alarm means the activation of an alarm system
through mechanical failure, ma]function, or the negligence of the
owner or lessee of an alarm system or of his employees or agents.
False Alarm shall not include, for example, alarms caused by
earthquakes, ~iolent winds or external causes beyond the control
of the owner or lessee of the alarm system.
(j) Finance Department means the Finance Department of the
Uity of Tustin.
(k) License means a formal authorization granted by competent
authority to engage in a business occupation, or activity other-
wise unlawful.
(1) Licensee means the person licensed.
(m) Notice means written notice, given.by personal service
upon the addressee, or given by United States mail, postage
prepaid, addressed to the person to be notified at his last known
address. Service of such notice shall be effective upon the
completion of personal. service, or upon the placing of 'the same
in the custody of United States Postal Service.
(n) Permittee means any person, firm, partnership, associa-
tion, or corporation who, or which shall be granted a permit as
provided herein, and his or its agents and representatives.
(o) Person means natural person, firm, partnership, associatio'
or corporation.
(p) Police ChieLmeans the Police Chief of the City of
Tustin.
(q) Proprietary Alarm means an alarm system used to monitor
alarm sad supervisory signals at a control center which is under
the' supervision of the proprietor of the protected premises. If
a proprietary system includes a signal line connected directly by
means of an automatic telephone dialing device to the Police
Communications Center or central station, it shall be deemed an
alarm system as defined in this ordinance.
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(r) Subscriber means any person who purchases, leases,
Iontracts for or otherwise obtains an alarm system or for the
ervicing or maintenance'of an alarm system.
Section 4 Alarm system standards and regulations
All alarms and appurtenant equipment shall meet or exceed
he standards established, or which may hereafter be established,
,y the Underwriters Laboratories and such regulations as may be
~dopted by the City. All alarm equipment shall be in'~pected
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1 upon installation to determine compliance with this ordinance.
~ Section 5 Direct Dial. Telephone Devices
3 On and after the effective date of this ordinance, a person
not sell, lease, maintain, service, repair, alter, replace,
move, install., or use any alarm system which directly dials any
emergency telephone number in any°office of the Police Department.
is section does not prohibit the installation or alteration of
uch an alarm system if, as a result of such installation or
alteration it does not directly dial any emergency telephone
er of the Police Department, but rather dials a non-emergency
er specially provided by and with the approval of the Chief
Df Police. This section shall operate retroactivety and shall
equire the deactivation of all alarm systems which, upon the
effective date of this ordinance~ are connected and directly dial
any emergency number in any office of the Police Department.
s removal shall be accomplished within ninety (90) days of the
fective date of this ordinance, or the Chief of Police shall be
thorized to order said terminal disconnected.
Section 6 Postin~ of Premises
Every person maintaining an alarm system shall post a notice
containing the names and telephone numbers of the persons to be
notified to unlock the premises and to render repairs or service
~nd secure the premises during any hour of the day or night that
the burglar alarm is actuated.- Such notice shall be posted near
the primary entrance in~such a position as to be legible from the
ide of the premises where the alarm system is located.
PERMITS AND LICENSES REQUIRED
Section 7 Alarm 'Business
'No person shall engage in, conduct or carry on an alarm
ss without ~irst applying for'and receiving an alarm
ness permit therefor in accordance With the provisions of
this ordinance.
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1 Section 8 Alarm Agent
2 No person shall engage in, conduct or operate as an alarm
3 agent without first applying, for and recei~ing~ an alarm agent per~
4 mit therefor in accordance with the provisions of this ordinance.
5 Every person engaged in the business of repairing, servicing,
6 altering, replacing, removing, designing., selling, leasing, main-
~ taining or installing alarm systems shall carry on his person at
8 all times while so engaged, a valid alarm agen~ permit or identifi-
9 cation card and shall display such permit to any police officer
10 upo~ request.
1! Section 9 Alarm System
12 No person shall possess or use'an alarm system without first
13 applying for and receiving' an alarm permit therefor in accordance
14 with the provisions of this ordinance. Such permit shall be kept
15 on the premises where the alarm system is located. The Police
16 Department shall issue an appropriate permit identification tag
17 and establish requirements for its posting.
18 section 10 ExemptiOns
19 'The provisions of this ordinance are not applicable to
20 audible alarms affixed to automobiles.
21 Section 11 Notice of Change
22 Whenever any change occurs relating to the written informatior
23 required by this ordinanc'e, the applicant or permittee shall give
24 written notice thereof to the Police Department within twenty
25 (20) days after such change or at any hearing conducted under this
26 ordinance if such hearing is conducted before the said notice
27 has been given.
28 Section 12 Issuing Authority
29 The issuing, authority shall be the City Administrator.
50 Section 13 Approving Authorit~
'~1 The approving authority shall be the Chief of Police~
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1 Section 14 Applications: Forms:
2 Applications for all permits required hereunder shall be
--- 5 filed with the Chief of Police and shall be accompanied by the
4 requisite fee as established by ordinance or resolution of City.
5 The fee shall be established to cover at~ least a part of the cost
6 of investigating and.processing the applications and shall not be
~ refundable. The Chief of Police shall prescribe the form of
8 the application and shall request such information as is
9 necessary to evaluate and act upon the application. The
l0 application for alarm systems shall require the name, address
1i and telephone number of the person who will render service or
12 repairs during any hour of the day or night.
13 'Section 15 Application, Investigation and Denial
14 (a) Alarm business and alarm agent. Every application for
~- 15 permit by an alarm business or alarm agent shall require finger-
16 prints of the applicant or agent applying for this applicant.
17 The Police Chief shall conduct an appropriate investigation
18 of the applicant to determine whether said license 'shall be
19 issued. The Police Chief may require' additional information of
20 applicants which he deems necessary to conduct his investigation.
21 The Police Chief ma~ dispense with the investigation upon being
22 furnished with an authenticated copy of a current .permit issued
23 by another governmental agency located in the County of Orange.
2~ This permit shall be ~enied by the Chief of Police if:
25 (1) The character or reputation of the applicant is
26 determined to inimical to the s~fety or general welfare of the
2~ community; or
28 (2) The applicant for the alarm business permit or
29 alarm agent permit does not comply with the standards and
50 regulations adopted pursuant to Sectio~ 4 of this ordinance.
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(3) The applicant, his employee or agent has
knowingly made any 'false, misleading or fraudulent statement
of a material fact in the application for a permit, or'in
any report or record required to be filed with any City
agency; or
(4) That the applicant ha's'had a similar type
permit previously revoked for good cause within the past
year unless the applicant can show a material change in
circumstances since the date of revocation.
(b) Alarm systems. The permit shall be' denied by the
Police Chief if the alarm system does not comply with
standards and regulations adopted pursuan~ to this ordinance.
Said permit shall be issued to the person owning, using or
possessing the alarm system.
Section 16 Permits & Fees
Annual permit fees as established by Resolution of the
City Council shall be due and payable for: alarm business
permits, alarm agent permits and alarm system permits.
Section 17 False Alarms-Prevention and Payment
of costs
(a) When emergency messages are received by the Police
Department that evidence a failure to comply with
the requirements of this ordinance, the Police
Chief is authorized to demand that the owner or
lessee of the alarm system initiating such messages,
or his representative~ disconnect th~ alarm system
until it is made to comply with said requirements.
(b) The owner or lessee of any' alarm system shall be
assessed a fee of $25.00 for each false alarm
tr~hsmitted to the police department in a 12' month
p~riod after three such f~lse alarms. Such fee
shall be pa~d to the City Treasurer for deposit in
the general fund.
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Section 18 Revocation
(a) The violation of any of the provisions of this
ordinance or
(b) The failure to comply with standards or regulations
adopted pursuant to this ordinance; or
(c) Where any a~arm bus~ness permittee or alarm agent
is charged with a crime involving moral turpitude or where
the character, reputation or moral integrity of the permit
holder or his employees is determined inimical to pubiic
safety or the general welfare of the community; or
(d) Where an alarm system actuates excessive false
alarms and thereby constitutes a public nuisance; or
(e) Where the applicant or permittee, his employee or
agent has knowingly made any false, misleading or fraudulent
statement of a material fact in the application for a permit,
or in' any report or record required to be filed with any
City agency; or
(f) 'Where the applicant or permittee has had a similar
type permit previously revoked for good cause within the
past year unless the applicant can show a material change in
circumstances since the date of revocation.
Section 19 Suspension Procedure
The Police Chief shall cause to be served upon the
permittee a Written Order' of Suspension, which shall state
the reasons for such suspension. The said Order shall be
effective immedia. tely if personally served, or forty-eight
(48) hours after the same has been deposited in the course
of transmission in the United States Postal Service.
Immediately upon such an Order becoming effective, the
permittee shall discontinue the use of any alarm system
requiring a permit under this ordinance and cease all operations
conducted under the authority of any permit issued pursuant
to this ordinance.
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1 Section 20 Revocation
2 A suspension shall become a' revocation fifteen (15)
3 days after the Order of Suspension becomes effective unless
4 the permittee files an appeal of the Order of Suspension to
5 the City Council.
6 Section 21 Surrender ,of Permit
~ If any permit is revoked pursuant to this'ordinance the
8 permittee shall surrender said permit or license to the
9 Police Department.
10 PASSED AND ADOPTED by the City Council of the City of
11 Tustin at a regular meeting of the City Council held on the
12 3rd day of September , 1974.
MAYOR
15
ATTEST:
16
TY CLERK
18
JGR:sl
19 TS:I
8/21/74
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STATE OF CALIFORNIA)
COUNTY OF ORkNC~E )SS.'
CITY OF TUSTIN )
RUTH C. POE, City Cleik and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whcle
.number of members of the City Council of the City of Tustin is five;
that the above and foregoing Ordinance No. 633 was duly and regularly
introduced and read at a regular meeting of'L ~he City CounCil held on
the 19th day of August , 197 4 ,. and was given
it~ ~eco~d reading a~d duly passed a~d adopted at a regular meeting
held on the 3rd day of September , 1974, by the following
vote:
AYES: COUNCILMEN LANGLEY, SHARP, SALTA~RELLI, WELSH, EDGAR
NOES: COL~NCILMEN NONE
ABSENT: COUNCILMEN NONE
~it~ Clerk,~CitY of ,Tustin~, Cai'ifor~
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