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HomeMy WebLinkAboutOrdinance No. 20233 ORDINANCE NO. 20233 AN ORDINANCE CONCERNING ALARM SYSTEMS; RENUMBERING AND AMENDING SECTION 4.933 AND ADDING IT TO SECTION 3.005 OF THE EUGENE CODE, 1971; AMENDING AND RENUMBEI~NG SECTIONS 4.935~ 4.936 AND 4.937 OF THE EUGENE CODE, 1971 TO 3~105~ 3.110, AND 3.115; AMENDING SECTIONS 3.990, AND 4.990 OF THAT CODE; ~PEALING SECTION 4.934 OF THAT CODE; AND ADDING A NEW SECTION 3A00 TO THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4~933 of the Eugene Code, 1971 is hereby added in alphabetical order to the Licensed Businesses division of Section 3.005 of the Eugene Cod< 1971, and amended to provide: 3.005 For the pmrposes of this chapter, the following words and iphrases shall mean: Licensed Businesses Alarm Systems. For purposes of sections 3.100 to 3.115, the fbllovvSng words and phrases mean: Alarm business. The business of any individual, partnership, corporation or other entky selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility. Alarm central station. The business of any individual, partnership~ corporation or other entity of monitoring the status of alarm systems not at the alarm central station location and reporting any alarm activations or changes in stares to any police, fire, public safety or other goverrmaental agency. Alarm system. Any assembly of equipment, mechanical or electrical, designed to detect fire or unauthorized entry into or upon premises or fbr alerting others of an unlawful act within or upon premises, and which, when activated, signals the occurrence of the activity by transmitting by any means a signal in any form that is audible, visible, or perceptible outside of the protected land, building~ structure or facility. Alarm system, for purposes of this chapter, includes, but is not limited to audible alarm systems, burglary alarm systems, fire alarm systems, local alarm Ordinance- 1 systems, robbery alarm systems, silent alarm systems and those devices designed to transmit a signal or a message to a central alarm receiving station. An alarm system, the existence ofwhich is exempt from disclosure under the public records law, is not included within this definition and is not subject to the provisions of sections 3.100 to 3.1 t 5 of this code. Alarm user. Any person, firm, partnership, association, corporation, company or organization of any kind that owns, leases, rents, controls or occupies any building, structure or fhcility wherein an alarm system is maintained on premises within the city. Audible alarm _system. Any alarm system that upon activation, causes to be activated, in the immediate vicinity, any siren, bell, buzzer or other type of sound- emitting device that is designed for or expected to ward oft' intruders and/or notify persons in the vicinity of an activation of the alarm system. Automatic dialing device. A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system. Burglary alm'm system. An alarm system signaling an entry or attempted entry into the area protected by the system. EmergencE_response services. Police, fire an&/or emergency medical services. False alarm. A report received by the city fi~om any source that results in a dispatch of emergency response services personnel to the premises on which an alarm system is located, (when a situation requiring a response does not in Pact exist), but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the property owner, alarm business operator or alarm user. Use of an alarm system fbr a purpose other than its specific intended use constitutes a false alarm. A false alarm does not necessarily require a response by the city to the premises. Fire alarm system. A combination of approved compatible devices with the necessary electrical intercom~tection and energy to produce an alarm signal in the event of fire or system activation. Intercormect. To connect mn alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system. Local alarm system. Any alarm system that operates solely as an a~.tdible alarm system without the additional features of a silent alarm system. 9-1-1 Central Lane Communications Center. The multi~im'isdictional facility used to receive emergency and general in~:brmation from the public to be dispatched to the respective police and fire departments utilizing the center. Premises. Any building, structure, facility, property or land within the city. Primary trunk line. A telephone line serving the 9-1-1 Central Lane Ordinance - 2 Communications Center that is designated to receive emergency calls. ggbbe_Lr¥ alarm system, An alarm system signaling a robbery. Silent alarm system. Any alarm system that, upon activation, causes to be transmitted to a remote location, any signal or message indicating an intrusion or attempted intrusion or robbery at that system location, or any other activation of the alarm system that signals or conveys a message that is not normally audible to persons in the vicinity. Sound emission cutoff feature. A feature of an alarm system which will cause an audible alarm to stop emitting sound. Section 2~ The following caption and Section 3.100 are added to the Eugene Code, 1971; Section 4.934 is repealed; and Sections 4.935, 4.936, and 4.937 are renumbered 3.105, 3.110, and respectively, and amended, to provide: Alarm Systems 3.100 ~!arm Systems - Registration and Permit Reqj~ired. (1) An alarm user shall register with the city prior to the installation and/or activation of an alarm system and shall obtain an alarm user's permit within 30 days of the time the alatTn system becomes operative. An alarm user with an alarm system that was installed and activated at the time of adoption of this code section shall register with the city and obtain an alam~ user's permit within 90 days of the effective date of sections 3.100 to 3.115 of this code. If the city responds to an alarrn and it is subsequently determined that the alarm system on the premises is unregistered and unpermitted, the city shall provide a written notice to the alarm user of the requirement to register with the city and obtain an alarm user's permit. Failure of the alarm user to do so within 30 days of the date of the notice constitutes a violation of this section. The registration application shall: (a) Be on a form provided by the city; (b) Be accompanied by a nonrefundable registration fee in an amount established by the city manager pursuant to section 2.020 of this code; (c) Contain the name, address and telephone number(s) offhe person wilt be the permit holder and the responsible party for the proper maintenance and operation of the alarm system and payment of any required fees; (d) Identify the type of alarm system. If more than one alarm system is installed~ a separate registration and permit shall be required fbr each system; and (e) Except fbr fire alarm systems~ identify the classification of the premises as either: 1. Class 1, which includes structures less than 5~000 square fbet; or 2. Class 2, which includes structures that contain 5,000 to 20~000 square feet; or Ordinance - 3 3. Class 3, which includes structures that contain over 20,000 square fbet. (2) If any material information provided in the application is f:alse or misleading~ the permit shall be denied. (3) A permit shall be vatid for a period oftwo years f?om the date issued, and may be renewed bi-annually upon payment of the renewal fee established by the city manager. (4) An additional penalty may be imposed, or a permit application may be denied or revoked if': (a) An alarm user fails to obtain a permit within 30 days after an alarm system becomes operative or within 30 days of a notice fi:om the city of the requirement to register and obtain a permit; or (b) A permit holder is more than 30 days delinquent in renewing a permit; or (c) A permit holder fails to pay any false alarm fees imposed within 30 days of the date of notification. (5) If a permit holder fails to renew an alarm permit within 30 days after the permit expires, the city shall notify the permit holder~ by certified mail, that unless the permit is renewed and all fees and penalties are paid within 30 days of the date the letter is mailed, police response to an alarm from the premises will be suspended except as provided in section 3.105(5). (6) An alarm permit cannot be transferred. If there is any change in any material information provided in the registration and permit application, the permit holder shall provide the city written notification of the change(s) within 15 days of the date the change occurs. (7) Except fbr fire alarm systems, the registration and permit fees required to be paid hereunder shall be based on the classification of the premises where the system is located. (8) An alarm user rnay appeal the denial, revocation~ or suspension of a permit, or the imposkion of a false alarm fbe or civil penalty in the manner provided in section 2.021 of this code. The appeal shall be accompanied by an appeal fee in an amount established by the city manager pursuant to section 2.020 of this code. (9) Following the procedures set fbrth in section 2.019 of this code~ the city manager may adopt administrative rules for implementation of sections 3.100 to 3.115. Violation of a rule adopted hereunder shall constitute a violation of this code. 3.105 Alarm S~vstems - Prohibitions. (1) Infbrmation required. Each alarm business selling, leasing or furnishing to ap:y alarm user an alarm system that is installed on premises located within the city shall ftLrnish the alarm user with instructions that provide sufficient information to enable the alarm user to operate the alarm system at any time, together' with city guidelines and regulations related to alam~ systems. (2) Automatic dialing device. It is unlawful for arty person to: (a) Fait to disconnect or reprogram an ~utomatic dialing device within 12 hours of receipt of written notice from the city that it is programmed to select a primary trunk line in violation of section 4.904 of this code; (b) Program an automatic dialing device to select any telephone line assigned to the city, or fail to disconnect or reprogram such automatic dialing device Ordinance - 4 within t 2 hours of receipt of written notice from the city that it is so programmed. The notice required by paragraphs (a) and (b) of this subsection shall be personally delivered to the alarm user, or other person in charge of the premises. (3) Sound emission cutofffeature. Except for fire alarm systems, alarm systems which are audible outside the building, structure, or property of the alarm user shall be equipped with a sotmd emission cutoff feature which will stop the emission of sound 20 minutes or less after the alarm is activated. (4) Connection of unregistered system. It shall be a violation of this section for an alarm business to install, connect, or in any maturer make operable an alarm system on premises that have not been registered with the city. (5) Alarm notification on unregistered.premises. It shall be a violation of this section fbr an alarm business to notify the police of an alarm on premises that are unregistered~ or, unless an alarm business has independently verified that an alarm is valid and police response is necessa(% to notifs, police of an alarm on premises for which the alarm business has received notification from the city that police response has been suspended due to five or more false alarms occm~ing within a 12 month period, or the alarm user permit has been suspended or revoked. This subsection does not apply to fire alarms occ-urring on the premises. 3.1 l0 Alarm Systems - False Alarms. (1) Upon the occurrence of two or more false alarms at the same premises within a 12 month period, the permit holder shall be required to pay the false alarm fee established by the city manager ~br the second and subsequent false alarm at the premises. Notification of each false alarm, and/or the notice of the amount of the false alarm fee, shall be sent to the permit holder at the address reflected in the permit in the manner, and containing the information required in rules promulgated by the city manager hereunder. The notice shall advise the permit holder of the right to appeal the false al~ fee in the manner set fbrth in section 2.021 of this code~ and l/hat upon the occurrence of the fifth false alarm, exclusive of false fire alarms, at the premises within a 12 month period police response to an alarm will be suspended except as provided in section 3.105(5) until the permit holder has complied with the verification process of subsection (2) of this section. The verification process does not apply to false fire alarms. A separate record of false fire alarms shall be maintained by the city, and the permit holder may be required to pay the false alarm fee set forth in the schedule adopted by the city manager for the second and subsequent fhlse fire alarms. In addffion to~ or in lieu of the fire false alarm fee or any other penalty, upon the occurrence of the second arid subsequent false fire alarm at the premises within a 12 month period, fbllow'ing the procedures of section 2.018 of this code, the city may impose a~n administrative civil penalty -upon the permff holder. The alarm systems fee schedule may also est£blish a credit that may be applied to offset all or a portion of a false alarm fee for attendance by the permit holder at city approved alarm system educational programs. (2) Upon 1[he occurrence ofthe fifth false alarm at the premises within a 12 month period~ other than fhlse fire alarms, the city shall notify the permit holder and the affected alarm business, if knowi% that police response to an alarm from the premises is suspended, as of the date of the notice. The suspension shall remain in effect until the permit holder provides the city with a certification from the alarm business that necessary corrections have been made to the system~ that Ordinance - 5 it is functioning properly, and requests a verification inspection by the city. The inspection request shall be accompanied by the fee established by the city manager pursuant to section 2~020 of this code, Upon conclusion of the inspection and a determination that the system_ is functioning properly~ and payment by the permit holder of a reinstatement fee~ the city shall notify the permit holder and alarm business, if applicable, that police response services to the premises are restored, and the ef£ective date of the restoration of services. 3~ 115 Alarm Systems - Cessation of Transmission. (1) An alarm user not utilizing an alarm central station shall post a notice containing the current name(s) and telephone numbers of the person(s) to be notified, capable of si[er~cing the alarm and securing the premises whenever the alarm system is activated. The notice shall be posted in a conspicuous location that is visible from the exterior of the building. An alarm user utilizing an alarm central station shall provide the alarm central station with the current names and telephone numbers of all persons capable of silencing the alarm and securing the premises who are ro be notified when the alarm system is activated. (2) Upon request of the city~ an alarm user or other designated person shall respond to the premises where the alarm system is located within 30 minutes after being notified~ and shall silence the alarm and secure the premises. (3) A police officer or fire fighter may silence or canse an alarm system to be silenced ii': (a) An alarm user or designated person does not arrive within 30 minutes after being requested to do so by the city; or (b) The alarm system has transmitted a signal for more than ten minutes after the arrival of a police officer or fire fighter and no alalwi user or designated person is available to respond. The city shall be exempt fkom and shall assume no liability or responsibility related to the silencing of any alarm system and any subsequent incidents where the alarm does not function due to exercising the provisions of this section. It shall be the responsibility of the alarm user to repair~ reset~ or otherwise enable any alarm system so silenced. Section 3, A new Subsection (4) is added to Section 3.990 of the Eugene Code, 1971~ to provide: 3.990 Penalties - Specific. (4) Violation of sections 3.100 to 3.115 is pm~ishable as follows: (a) (b) (c) (d') (e) 3.100(1) - Fine of not less than $50 nor more than $500; 3.105(1) - Fine of not less than $50 nor more than $500; 3.105(2)(a) - $500 fine or 30 days in jail, or both; 3.105(2)(b) - Fine of not less than $50 nor more than $500; 3.105(3) - Fine of not less than $50 nor more than $500; 3.105(4) - Fine of not less than $50 nor more than $500; Ordinance - 6 3.105(5) ~ Fine of not tess than $100 nor more than $1000; (g) 3.115 - Fine of not t~ss than $50 nor more than $500~ th) Violation of any provisions of section 3.100 to 3.115 not specifically re~renced in subparagraphs (a) through (g) above are sub/iect to the penalties provided in administrative rules or orders of the city manager, including imposition of an administrative civil penalty p~oxsuant to section 2.018 of this code as referenced in section 3. t t 0(1). Section 4~ Section 4.990 of the Eugene Code, 1971 is amended by deleting the re~rences Sections 4.935(2)(a), 4.935(2)(b), 4.935(3) and 4.937 in Subsection (1)~ repealing Subsection (5), and renumbering Subsections (6) through (11) to (5) through (10). Section 5. The City Recorder, at the request of~ or with the concurrence of the City Attorney, authorized to administratively correct any reference errors contained herein or ~n other provisions of the Eugene Code, 1971~ to the provisions added, amended or repealed herein. Passed by the City Council this 6th day of Augnst~ 2001 City Recorder Approved by the Ma-yor this 6th day of August, 2001 Mayor Ordinance - 7 Section 5 of Ordinance No. 20233~ please delete the re~rence H~NG LONG GA~Y RUDNICK P.C. - CITY ATTORNEYS GK:jw