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ORDINANCE NOS=~€=
2 ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING THE
INSTALLATION AND MAINTENANCE OF BURGLAR ALARMS AND OTHER PRO-
, 3 TECTIVE DEVICES; AND REPEALING ORDINANCE N0. 1927.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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g SECTION 1. Definitions.
ry For the purposes of this Ordinance certain words and phrases
g used herein are defined as follows:
g (a) "Alarm System" shall mean any device designed for the
lp detection of fire or an unauthorized entry on premises or for
11~ alerting others of the commission of an unlawful act, or a com-
12 bination thereof, when actuated, emits a sound or transmits a
13 signal or message.
14 (b) "Alarm Business" shall mean any person, firm or corpor-
15 at ion engaged in or causing the selling, leasing, monitoring,
16 maintaining, servicing, repairing, altering, replacing, moving
try or installing any alarm system in or on any building, place or
lg premises.
19 (c) "Alarm Agent" shall mean any person who is employed by
20 an alarm business, either directly or indirectly, whose duties
21 include any of the following: selling, maintaining, leasing,
22 monitoring, servicing, repairing, altering, replacing, moving,
23 or installing in or on any building, place or premises any
24 alarm system.
25 (d) "Audible Alarm" shall mean a device designed for the
2g detection of fire or an unauthorized entry on premises and which,
try when actuated, generates an audible sound on the premises.
2g (e) "Proprietor Alarm" shall mean an alarm system or
2g audible alarm which is not serviced by an alarm business.
30 (f) °'False Alarm" shall mean an alarm signal necessitating
31 response by the police or fire department where an emergency
32 situation does not exist.
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li, (g) "Subscriber" shall mean a person contracting with an
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21 alarm business for the leasing, servicing, or maintaining of an
31!, alarm system.
4~~',il (h) "Person" shall mean any individual, partnership,
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5~ corporation or other entity.
611 (i) "Alarm User" shall mean any person using an alarm
ry system whether as a subscriber or proprietor.
g SECTION 2, Licenses - Permits.
g (a) Alarm business license: No person, firm, or corpora-
10 tion shall engage in, conduct or carry on an alarm business with-
11 out first having obtained from the City Clerk a license to do so.
12 (b) Alarm subscriber and user permit: No person shall in-
13 stall or use an operable alarm system within the City as a sub-
14 scriber or alarm user without first having obtained from the City
~ 15 Clerk a permit to do so.
16 (c) Alarm agents: Every person engaged in the business of
17 repairing, servicing, altering, replacing, removing or installing
lg a burglar alarm system shall carry on his person, at all times,
lg while so engaged a valid identification card and shall display
ICI 2p sad card to any police officer on request, which identification
21 card shall be in the form prescribed by the Chief of Police and
22 may be obtained from him upon proof of payment of the required
23 fee to the City Clerk. Upon revocation of the license under
24 which said identification card is issued, or termination of
25 employment of any person holding such card from the business
26 described herein, the identification card shall be returned to
27 the Chief of Police. It shall be unlawful for any person to
28 carry on his person, use, display or have in his possession any
2g such identification card containing any false or fictitious
30 information, or possess such card when he is not employed by any
31 person having a license under this ordinance, or himself hold
32 such a license.
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11 (d) Exemptions: The provisions of this Section shall not
21 be applicable to:
3 (1) Audible alarms affixed to automobiles.
¢ (2) Subscribers and alarm users of alarm systems
5 whose sole function is the detecting of fire.
g Before such license shall be issued, the applicant shall
7 make an application in writing, setting forth the name, age,
g business and residence address if a natural person; names, ages,
g business and residence address of each partner if a partnership;
10 the names of its principal officers and business address if a
11 corporation.
12 SECTION 3. Fees.
13 (a) Alarm business license: An annual fee of fifty dollars
14 ($50.00) shall be payable in advance.
15 (b) Alarm subscriber and user permits: An annual fee of
16 two dollars ($2.00) shall be payable in advance.
17 (c) Alarm agent identification card: A fee of five dollars
I8 ($5.00).
lg SECTION 4. Requirements and Duties.
20 (a) Alarm system standards: The Chief of Police may pre-
21 scribe minimum standards for the construction and maintenance
22 and require inspection and approval of all alarm systems,
23 proprietor alarms and audible alarms installed within the City.
24 Additional standards and regulations shall become effective
2g upon adoption by council resolution, and all devices shall meet
26 or exceed such standards before licenses or permits may be
27 issued, pursuant to the provisions of this Ordinance.
2g (b) False alarm reports required: A report shall be filed
29 with the Police Chief for each and every alarm transmitted to the
30 Police Department, and if requested, by the Police Chief, such
31 report shall contain all the information specified by the Police
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l~, Chief. Where the alarm system is serviced by an alarm business, ~
2ili the report shall be made by such alarm business. Where a pro-
3~ prietor alarm is involved the report shall be made by the per-
4,~ mittee. Where three (3) or more false alarms are emitted from
5 one alarm system in any calendar month, the Police Chief may
g~ require that a report be made by the subscriber or user of the
ry alarm system. Such report shall contain all the information
g specified by the Police Chief.
g (c) Audible alarm requirements: Every person maintaining
10 an audible alarm which does not contain a mechanical means to
11 effect an automatic turn-off of the alarm within fifteen (15)
12 minutes after it is first activated, shall post a notice con-
13 taining the names and telephone numbers of persons to be noti-
14 fied to render repairs or service during any hour of the day or
15 night. Such notice shall be posted near the alarm in such a
16 position as to be legible from the ground level adjacent to the
17 building.
lg All audible alarms installed within the City after July 1,
19 1973, shall be equipped with mechanical means to effect an auto-
20 matic turn-off and reset.
21 (d) Service response: Every person, firm or corporation
22 operating under a license or permit issued pursuant to this
23 Ordinance shall have and keep available at all hours of each day
24 at least one service person who shall respond within 30 minutes
25 to emergency service calls from any member of the City Police or
26 Fire Department or other authorized City officer and shall render
27 such emergency service as may be reasonably requested by said
28 member or officer.
2g (e) Every alarm subscriber who shall have an alarm system
30 installed, monitored, or maintained by an alarm business licensed
31 under this ordinance, shall conform to and abide by the rules of
32 operation and use as set forth by the alarm business for the
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1 proper use, operation and upkeep of their alarm system.
2~ (f) Alarm system inspection: Each alarm system shall be
3 inspected annually. A report of such inspection shall be sub-
4 mitted to the Chief of Police by the alarm business servicing or
5 maintaining such alarm system. Where a proprietor alarm is in-
6 volved the report shall be made by the permittee. The inspection
7 report shall be submitted concurrent with the application for
8 renewal of license or permit or within 60 days of alarm system
9 installation.
10 SECTION 5. Telephone Devices.
11 No person shall use or cause to be used any telephone device
12 or telephone attachment that is activated electronically to
13 automatically dial a telephone line of the City government and
14 then emit a tone or pre-recorded message to report any emergency
15 condition.
16 SECTION 6. Applications and Issuance.
17 (a) Issuing authority: The issuing authority shall be the
18 City Clerk.
19 (b) Approving Authority: The approving authority shall be
20 the Police Chief.
21 (c) Applications.
22 (1) Forms: Applications for all licenses and permits
23 under this Chapter shall be filed with the City Clerk. The City
24 Clerk shall prescribe the form of the application and request
25 such information as is necessary to evaluate and act upon the
26 permit application. The application for alarm systems, audible
27 alarms and proprietor alarms shall require the name, address, and
28 telephone number of the person who will render service or repair
29 during any hour of the day or night and in addition thereto, any
30 other information as may be requested by the Police Chief.
31 (2) Investigations: All applications for an alarm
32 business and alarm agents shall require the fingerprints
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lli of the applicants. The Police Chief shall conduct an investi-
2j gation of the applicant to determine his character, reputation,
3 and moral integrity; provided, however, the Police Chief, at
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4i~ his discretion, may dispense with the investigation upon being
5 furnished with an authenticated copy of a current permit issued
6 by another governmental agency located in the County. The permit
7 shall be denied if the character, reputation, or moral integrity
8 of the applicant is determined to be inimical to the safety or
9 general welfare of the community or if the applicant falsifies
!1 10 any information in the permit application.
11 (3) Procedure: Permits shall be issued to the person owing,
12 using or possessing the alarm system or proprietor alarm. Alarm
13 business shall procure and process applications for their sub-
14 scribers. The subscriber shall forward the completed application
15 to the alarm business servicd~ng the alarm system, and the permit
16 fee shall be collected from the subscriber by the alarm business
17 and transmitted together with the application forthwith to the
18 City Clerk. Where a proprietor alarm is in operation and not
19 serviced by an alarm business, the application for the permit
20 and payment of the permit fee shall be made directly to the City
21 Clerk by the owner or user.
22 SECTION 7. Notwithstanding any contrary provision of this
23 Ordinance, a person, firm, or corporation may apply for, and the
24 Chief of Police may grant, a permit to install and connect at
25 the San Bernardino Police Department intrusion burglar alarm
26 monitors for users of an intrusion burglar alarm system. A fee
27 in the sum of $5.00 shall be paid to the City of San Bernardino
28 prior to the issuance of each permit or supplemental permit.
29 A monthly fee of $20.00 per month for each such user of such
30 monitoring services and rental space shall be paid to the City
31 of San Bernardino in advance at each quarterly period of each
32 year by the permittee. The Chief of Police shall have the right
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loll to deny any application for installment or to remove or to cause
2 the removal of any monitoring device which in his sole discretion!
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3 interferes with the normal operations or efficiency of the Police
4 Departmento In addition to the foregoing fees, the permitee
5 shall pay the actual costs as determined by the City of such
g installation, and, if any monitor is subsequently disconnected,
ry the costs of the removal of each such intrusion burglar alarm
g monitor. The permittee shall give to the Police Department at
g least 15 days prior written notice whenever it intends to dis-
10 continue service to any user and to remove the installed monitor
11 for such user.
12 SECTION 8. Suspension and Revocation.
13 (a) General: Ordinance No. 763 Section 119 relating to
14 revocations and suspensions is incorporated by reference and made
15 applicable herein.
16 (b) Additional grounds: In addition to the grounds for
17 permit revocation and suspension set forth in Subsection (a) of
lg this Section, the following shall also constitute grounds for the
lg revocation or suspension of any permits issued hereunder:
20 (1) The violation of, or failure to comply with, any of
21 the provisions of this ordinance.
22 (2) Where the character or moral integrity of the per-
23 mit holder or his employees is determined to be inimical to the
24 public safety, health or general welfare of the community.
25 (3) Any alarm system or proprietor alarm which acti-
26 vates excessive false alarms and thereby constitutes a public
try nuisance.
2g (c) Appeals: Requests for reinstatement of suspended or
29 revoked permits shall be made to the Mayor and Common Council.
30 SECTION 9. Enforcement and Severability. i
31 (a) Any person, firm or corporation violating any of the
32 provisions of this Ordinance shall be deemed guilty of a misde-
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meanor, and upon conviction thereof shall be punishable by a fine
2 of not more than Five Hundred Dollars ($500) or by imprisonment
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3 for a period of not more than six months, or by both such fine
4 and imprisonment.
5 (b) Enforcement: The conviction or punishment for viola-
s tions of the provisions of this ordinance, or for failing to
7 secure a permit as required by this ordinance, shall not relieve
such erson from paying the permit fee due and unpaid at the time
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g of such conviction, nor in the alternative shall the payment of
10 any permit fee prevent criminal prosecution for the violation of
11 any of the provisions of this ordinance. All remedies shall be
12 cumulative, and the use of one or more remedies by the City shall
13 not bar the use of any other remedy for the purpose of enforcing
14 the provisions of the ordinance. The amount of any permit fee
15 shall be deemed a debt to the City. An action may be commenced
16 in the name of the City in any court of competent jurisdiction
17 for the amount of any delinquent permit fee. All permit fees
18 shall be deemed delinquent thirty (30) days after they are due
19 and payable.
20 (c) Alternative: As an alternative to the penalties set ~
21 forth in Subsections (a) and (b) of this Section, the City on
22 advice of the Police Chief, may declare any alarm system a public
23 nuisance and as such, shall request or cause its abatement.
2q (d) Severability: If any provision of this ordinance as
25 herein enacted or hereafter amended, or the application thereof
2g to any person or circumstance is held to be invalid or unconsti-
27 tutional by the decision of any court of competent jurisdiction,
28 such decision shall not affect the validity of the remaining pro-
29 visions or applications of this ordinance.
30 SECTION 10. Ordinance No. 1927 is hereby repealed.
31 I HEREBY CERTIFY that the foregoing ordinance was duly
32 adopted by the Mayor and Common Council of the City of San Ber-
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lei nardino at a meeting thereof, held on the
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2 I s:~i1d4~- day ~ , 1972, by the following
3 I vote, to wit
41'i AYES: Councilmen
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6 j I NAYS
7 ABSENT:
8
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i City er
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The for oing ordinance is hereby approved this
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day of 1972,
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ay r o t City o an Bernar ino
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Approved as to form:
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19 City A orney
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