HomeMy WebLinkAboutOrdinance No. 20043ORDINANCE NO. 20043
AN ORDINANCE CONCERNING ALARM SYSTEMS, AND AMENDING AND
RENUMBERING SECTION 4.935 OF THE EUGENE CODE, 1971 TO
4.933 ; ADDING NEW SECTIONS 4.934 AND 4 , 935 TO THAT CODE ;
AMENDING SECTIONS 4.936, 4, 937, AND 4, 990 OF THAT CODE;
AND PROVIDING AN EFFECTIVE DATE .
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS
Section 1. Section 4.935 of the Eugene Code, 1971 i s renumbered 4.933 and
amended, new Sections 4.934 and 4.935 are added to that Cade, and Sections 4.936,
and 4.937 of that Code, are amended to provide:
4, 933 Al arm Systems -,,,, Defi,,,ni ti ons . Far purposes of sections 4.933 to
4.937 , the fal 1 owi ng words and phrases mean
Alarm business . The business of any individual , partnership,
corporation or other entity sel 1 i ng, leasing, maintaining,
servicing , repairing , a 1 teri ng , replacing , moving or i nsta 11 i ng any
alarm system or causing to be sold, 1 eased, maintained, serviced,
repaired , a 1 tered , rep 1 a ced , moved ar i nsta 11 ed any a 1 a rm system i n
or an any bui 1 di ng, structure or foci 1 ity,
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 1 ocati on and
reporting any alarm activations or changes i n status to any police,
fire, public safety or other governmental agency,
Alarm system. Any assembly of equipment, mechanical or
e1 ectri cal , designed to detect fire or unauthorized entry into or
upon premises or for a1 erti ng others of an unlawful act within ar
upon premises , and which , when activated, signals the occurrence of
the activity by transmitting by any means a si gnal i n any form that
i s audible, visible, or perceptible outside of the protected 1 and,
bui 1 di ng , structure or foci 1 i ty . Alarm system, for purposes of thi s
chapter , includes , but i s not 1 i mi ted to audible a 1 a rm systems ,
burglary alarm systems , 1 oca l alarm systems , robbery alarm systems ,
si 1 ent alarm systems and those devices designed to transmi t a si gnal
or a message to a central alarm receiving station .
Alarm user. Any person, firm, partnership, association,
Ordinance ~ 1
CPl'Y OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
To: Kate Fieland Date: September 26,199b
Deputy City Recorder
Subject: Alarm Grdinance No. 2443
It has come to our attention that the amendment to Subsection ~2} of Section 4.936
effected by ordinance No. 20043 on May I3, 1996, which provides an exemption from the false
alarm provisions, did not include a reference to false fire alarms, as was the intent of the
subsection as reflected in the agenda item summary and presentation to the Council.
Pursuant to the authority of Section 3 of ordinance No. 20043, you are requested to
correct Subsection 4.9362} by adding "far false fire alarms" immediately following the word
"section" at the end of that subsection.
If you have any questions, please call,
HA]CtRARANG LONG GARY RUDNICK P, C.
CITY ATTORNEYS
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cc: Fred Wilson ~ DPS
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corporation, company or organization of any kind that owns , 1 eases ,
rents, controls or occupies any building, structure ar facility
which uti 1 i zes an alarm system on remises within the ci t .
P y
Audible alarm sum. Any alarm system that upon activation,
causes to be activated , i n the immediate vicinity, any siren , bell,
buzzer or other type of sound-emitting device that i s designed for
or expected to ward off intruders andlor nati fy persons i n the
vicinity of an activation of the alarm system.
Automatic di al i n device . A devi ce which i s i ntercannected to
a telephone 1 i ne and i s programmed to sel ect a predetermi ned
telephone number and transmit by voice message or code signal an
emergency message i ndi cati ng a need for emergency response. Such a
device i s an alarm system.
Bur 1 ar al arm s stem. An alarm system signaling an entry or
attempted entry into the area protected by the system .
Director. The person designated by the city manager to
implement sections 4,934 to 4.936 of this code, or his or her
designee .
Emer enc res anse services , Pot i ce, fire andlor emergency
medical services.
False alarm, A report received by the city from any source
that results i n a di spatch of emergency response services personnel
to the premises on which an a 1 a rm system i s 1 ocated , when a
s7 tuati on requi ri ng a response does not i n fact exist 7 , but does not
include an a1 arm 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 for a purpose other than its specific intended
use consti tutes a fal se alarm. A fal se alarm does not necessarily
requi re a response by the city to the premises .
Finance officer . The person designated by the city manager as
the director of the city's administrative services department , or
the director's designee .
interconnect. To connect an a1 arm system including an
automatic di a1 i ng device to a tel ephone 1 i ne, either directly or
through a mechanical device that utilizes a telephone, for the
purpose of using the telephone 1 i ne to transmi t a message upon the
activation of the alarm system.
Local a,~ arm s„ sy tem. Any alarm system that operates solely as
an audible alarm system without the additional features of a si 1 ent
alarm system,
9- ~ -1 Centro 1 Lane Communications Center . The multi -
juri sdi cti ona1 foci 1 ity used to receive emergency and general
ordinance - 2
i nfarmati on from the public to be dispatched to the respective
police and fire departments uti 1 i zi ng the center.
Premises . Any bui 1 di ng ~ structure, foci 1 i ty , property or 1 and
within the city.
Pri mar trunk 1 i ne. A tel ephane 1 i ne serving the 9-1-1
Central Lane Communications Center that i s designated to receive
emergency calls.
Proper,t„owner. The owner of record of real property as
reflected i n the official deed records of Lane County ~ Oregon .
Robbery al arm,. syster~. An alarm system si gnal i ng a robbery.
Silent , a,7 arr~,,, syster~. Any alarm system that, upon activation,
~.
causes to be transmitted to a remote 1 ocati on, any signal or message
indicating an intrusion or attempted intrusion ar robbery at that
system 1 ocati on, or any other activation of the alarm system that
signals or conveys a message that i s not normally audible to persons
i n the vicinity .
Sound em, ssi on cutoff .feature. A feature of an alarm system
which will cause an audible alarm to stop emitting sound .
4 , 934 Alarm S teems - P,u,r ohs e,. a nd Scope .
~.
~ 1 } Purpose, The purpose of sections 4.933 to 4.937 of this code
i s to encourage property owners , alarm users and alarm businesses to assume
increased responsi bi 1 i ty for maintaining the mechanical rel i obi 1 i ty and the
proper use of alarm systems, to prevent unnecessary emergency responses to false
a 1 a rms , to recover the city's costs and expenses incurred i n responding to fial se
alarms , and protect the emergency response capabi 1 i ty of the city from misuse.
C ~ } Sc... o.~e . Sections 4.933 to 4.937 of this code govern alarm
systems ; authorize the establishment of fees for recovering the city's costs i n
responding to false alarms ; provide for punishment of violations ; and establish
a system for administration , Following the procedures set forth i n sections
~ . 0~9 and ~ . OZO of this code, the city manager may adopt administrative rules far
i mpl ementati an of sections 4.933 to 4.937. violation of a rul e adopted hereunder
sha11 consti tute a vi of ati on of this code .
5 Al arr~ Systems Admi ni stratl,,.on , P,,,,,,
,~,~~, - ,. ,,; ,rohi bi t~ ons .
t 1 } Inforr~ati on „re.,,~ ,ed , Each alarm business sel 1 i ng , leasing ar
furnishing to any alarm user an alarm system that i s installed on premises
located within the city shal 1 furnish the alarm user with instructions that
provide sufficient information to enable the alarm user to operate the a1 arm
system at any time, together with city guidelines and regulations related to
a 1 a rm systems .
ordinance - 3
~~} Automatic d,i al i n,wc~„ce, It i s unlawful for any person to:
~a } Fai 1 to disconnect or reprogram an automatic di a1 i ng
device within 12 hours of receipt of written nati ce from the
director that i t i s programmed to set ect a pri ma ry trunk 1 i ne i n
violation of section 4, 904 of this code;
fib} Program an automatic di a1 i ng device to select any
telephone 1 i ne assigned to the city, or fai 1 to disconnect or
reprogram such automatic di a1 i ng device within l~ hours of receipt
of written notice f ram the di nectar that i t i s so programmed .
The notice required by paragraphs ~a } and fib} of this subsection sha11 be
personally delivered to the alarm user, or other person i n charge of the
premises.
~ 3 } Sound emission cutof f feature . Except for fire a 1 a rm systems ,
alarm systems which are audible outside the bui 1 di ng , structure, or property of
the a1 arm user shat 1 be equipped wi th a sound emission cutoff feature which wi l l
stop the emission of sound 20 minutes or less after the alarm is activated.
4.93G Al a rm S stems - Fa 1 se Alarms .
~ 1 } Upon the occurrence of three or more false alarms at the same
premises wi thi n a cal endar year the property owner shat 1 be assessed the cost of
the city's response services for the third and subsequent false alarm at the
premises . Notification of each false alarm, andlor the notice of assessment of
response costs , shal 1 be sent to the property owner at his or her address as
reflected i n the official deed records of Lane County, Oregon i n the manner, and
containing the information required i n rules promulgated by the city manager
hereunder. The notice sha11 advise the property owner of his or her right to
appeal the assessment of costs in the manner set forth in section 2.021 of this
code. Any response costs not paid i n the manner required by the rules sha11 be
entered i n the docket of city 1 i ens , shal 1 consti tute a 1 i en upon the real
property at which the false alarm occurred, be enforced i n the same manner as
other city 1 i ens , and bear interest at the rate prescribed pursuant to section
~.02~ of this code.
~ 2 } Limitation . The owner of any bui 1 di ng or property that i s
required under state or 1 oca l 1 aw to equi p such structure or bui 1 di ng wi th a f i re
protection or detection system i s exempt from the application of the false alarm
provisions of subsection t 1 } of this secti an .
4.937 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 silencing the alarm and securing the premises whenever
ordinance - 4
the alarm system i s activated . The notice shat 1 be posted i n a conspi cuous
1 ocati on that i s visible from the exterior of the bui 1 di ng , An alarm user
uti 1 i zi ng an alarm central station sha11 provide the alarm central station with
the current naves and telephone numbers of all persons capable of si 1 enci ng the
a 1 a rm and securing the premises who are to be notified when the a 1 a rm system i s
activated.
~ ~) bpon request of the city , an a 1 a rm user or other designated
person shat 1 respond to the premises where the alarm system i s 1 orated within 30
minutes after being notified, and shall si 1 ence the alarm and secure the
premises.
~3) A pol i ce affi cer or fire fighter may silence or cause an alarm
system to be s i t enced i f
~a) An alarm user or designated person does not arrive
within 3D minutes after being requested to do so by the ci ty ~ or
fib} The alarm system has transmitted a signal far mare than
ten minutes after the a rri va 1 of a pal i ce officer or fire fighter
and no alarm user or designated person i s avai 1 abl e to respond . The
city steal 1 be exempt from and steal 1 assume no 1 i obi 1 ity or
responsi bi 1 i ty related to the si 1 enci ng of any a1 arm system and any
subsequent incidents where the alarm does not function due to
exercising the provisions of this section , ~t sha11 be the
responsibility of the alarm user to repair, reset, or otherwise
enable any alarm system so silenced.
Section ~. Section 4.990 of the Eugene Cade, 1971 i s amended by amending
the matrix set forth in Subsection (1) thereof to insert the provisions relating
to Section 4.935 in numerical order therein; by amending the provision relating
to Section 4 , 937 ~ and by amending Subsection ~ 5 } thereof , to provide
4,990 Penalties _ S ecific.
~ 1) violation of the fo11 owi ng sections i s punishable by fine or
confinement i n jai 1, or both, up to the amounts indicated opposite each
Section
4.935(1)
4.935(2)(a)
4.935(2)(b)
4.935(3)
4.937
Penalt
Fine of not 1 ess than X50 nor more than X500
~50D fine or 30 days i n jai 1, or both
Fine of not less than X50 nor more than X500
Fine of not 1 ess than X50 nor more than X500
Fine of not 1 ess than $50 nor more than X500
ordinance - 5
~ 5~ A property owner who violates section 4, 936 by reason of three
or more false alarms at the property owner's premises duri ng a cal endar year
shal 1 be required to pay the city's costs of responding to the false al arms } as
provided i n section 4.936 .
Section 3. The City Recorder, at the request of , or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1971, to the
provisions added, amended or repealed herein.
Section 4. Notwithstanding the provisions of the Eugene Charter of 1976
and the Eugene Code, 1971 that provide for the effective dates of ordinances ,
this ordinance shat 1 become effective on July 1, 1996, except that prior thereto
the City Manager may promulgate the administrative rules authorized herein , to
become effective on July 1, 1996 .
Passed by the City Counci 1 thi s
13th day of May, 1996
~~
City Recorder
Approved by the Mayor thi s
13th day of May, 1996
.,
r
Mayor
Ordinance - 6
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