Loading...
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 ~ti~..~ Gl nn ein GK:jw cc: Fred Wilson ~ DPS ~~! V ~« 1~~~~ ~~ i t~~~ ;.r+'~y ~~ 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 FQR YOUR CONVENIENCE, PI COPY TO YOUR NEARS Delivery in 7-10 working days far RI-NI[ ° o o _ m ~ ~ ..~ m ~ m °n z z ~ ~ ~ n ~° n ~ a m 0 m n rn c m v Z r n C o ~ `v ~ . o ~ a~ _~ C ~ ~_ ~ ~ m ~ ~ y i i r r t D UJ D r c " . .{ m ~ r ~ ~ m f ~ m y o ~~ ~ r c 3 c ~~~ a C 7 IOTOCOPY THIS ORDER FOl ;ST LOCATION CUSTOMER ' ~, R1-N12, and RI-NI4 styles, a ~ oo ~ o000 z ~~~~~~~ ..~ w.~ .rl 1 ~ j ..1 ~ 4 Z Z Z Z Z z Z ~1~ ~ NN- - -~ ~NOoW.ANO ~] fA ffl ffl b3 £fl ~ fi9 ~P~PWWNNN C N V N Qa cD c0 -i N ~C~n~c~n~~N~ ~ 3 ~ ooooao~ n ~~~~az~~"m 1 ~ ~ ..~ ...1. ..i ~ zzzzzz "'t] (0 (0 ~A ~ W N ~ rnoNONrn m ~~~~~~ ~l(7tNN~W ~ wwmwrncn D ~D ~° vU v ~ c ic nv n i m z , _ o -~ n o000 ~ ; m r ~r ~~~~~ ~ ~q ~~cmcp o ~ ~ ~ `~ ] ~ ~ ~~ ~ ~ ~ ~ f ~ c i ~ ~ OOOOO ~~ o " ~ CI ~ CA qJ ~J ~ ~ ~ ~~mcw~ O•C~l `° ~ z ~oooooona ~~cm~ omz i ~ ~ ~ 0 (} n r z N 0 tM AND FAQ THE COMPLETED SERVICE DEPARTMENT. ll other stamps ship within 14 business days. _ ~ .~ ~ D o 0o ~ ~ o Q a ~ Q tQ n {~A ~ ~ N ~ vi ~ ~C z R ~~ ~ U ~~~~ ~ ND'~~, ,~ ~ a v~ ~ N ~ N m ~~, ~ ~~~_~~ ~ ' n 0 C v a a o ~0~0 0 N ~ ~~=m aC~ ~C7~o ~~ day 0 ~ ''*~ ~ N D ~~~ a~~ z i ~Q _~ ~~ ~ ~ ~ ~ ~ ~~ o~~c D -I ~ o ~~ y, ~ .. ~ ~~•~~ ~ cn ~ ~~~a a r~ " a ~~~ ~ a ~, ~~~ _~~~ .r ~ v y, ~~~ ~ N N ~ ~c"~ Q~ c ~. ~' N~~ o I~ ~ ~ !~ N~ 0 ~~ ~ dN~~ _~~~ N~ ~ ~ ~ ~ M1. ~ ~'\ f V 4 BC4P~--~ 99~ Prices shown are your final discounted prices. ~« ~ ~; a oc~~ ~~a ~ ~ N 0yQ ~ -- c~ ~ cn r .., ~~Q o a ~°_~ ~ .. o~,~ n ~ ~~~ > ~ ~~ > 0 ~~~ 0 ~ ~~~ a 0 0 ~Q ~N ~~ 61015 781 3 ~.. ~~ 0 0 ~ N• ~ ~ n ~ o ~ ~ ~ ~ ~ ~, ~ cu w+ o (p `~ ~k ~ ~ FOR YOUR CONVENIENCE, PHOTOCOPY THIS ORDER FORM AND FAX THE COMPLETED COPY TO YOUR NEAREST LOCATION CUSTOMER SERVICE DEPARTMENT. Delivery in 7-10 wonting days far R1-N10, R1-N12, and R1-N14 styles, all other stamps ship within 14 business days. ~ 00000 0 = ~ ~ Q ~ o ~ ~~~~~ ~ ~ o ~ ~~] ""'- ~ _. ~ ~ ~ ~ ~ 1 .i .1 ~ ~ ~ ~ ~ ~ ~ o n N cn ~ 4 NNzzzzz m ~ a N ~, ~ Q r-~ C ~Na~m~tuo p cQ (D ~ N cn ~C ~. :~ ~ Q p .~ m [.b o ~ ~ ~ z zn ~nam ° ~ ~ p rn ~ wy~~~ ~ ~40~ ~~ ~ ~ ~ ~ m ~ ~ ~ 0 ~ u, ,~ -~ n ~ o z ~ ~ m m ~.pWWNNN m N N N W (Q (D -1 ~ ~~~~~~~d ~ a [~.~ ~ ~~ a ~ ~' 000000~~ ~II~7~7~~'1~ N zzzzzz y ~ (D c0 .A• ~P W N W O N D N CA ~ "~~, ""~ ~~~~~~ ~ V(J~NN~W Z W W l7~ W 07 U1 Q ~^ ~ o ~° o ~e ~ V ~ iv v ic no~o n ~ a ~ ~ r ~ ~ o a 000 0 ~ m r ~Q3 ~ 1 ' 0 c ~~ (~ ~ ~~ ~Q m '-~ . ~ ~ c ~ .~ ~ ooooo~~~ ~ ~~o~a~~a°~° ~ ~~m~a~~~ ~ m~ z 3 ~' ~c~ca ~ ~d ~ C~~C 0~ ~~~y ~~ .... "° N ~~,?~ ~ ~ ~~ ~~ ~ a~~ c ~ coo~o 0 ~ 7~=~ ~o~y a~ ~ i a ~ ~ y~ ~ ~ ~~tDrt ~ a A :'* Q = C D ~ ~ ~• -n c~ GJ -- p H -~o~-:~ o ;~ y ~' ~~~ ~ ~~~~~ ~~ ~ ~~a a ""~ t~ ~" c ~ ~~~ ~ ~ ~~~ 3 ~ H, "'~~ °yo ~ c~ c '~ a~ ~ooooooAo =~r~ -r7 ~ W an 7p r ..f o C) C} ~. rt v (~ m . ~ ~ ~ ~ a ~ m r ~ ~ n 0 ,? y Z ~ ~ -C ~ ~, n 3~N 0 ot°~ ~ ~ ~ N ,~+ ~ @ ~ d ~ (U ~ ~ ~ ~ N~ Qi ~ C ~ Z rn ~ _ o m Z ~ r m c~ ~ m O ~ a ~ ~ m .~ o ~ m ~ z -~ ~ ~ ~ p m C~ ~ m m ~ ~ 0 0 o~ ~ r m ~ rn ~ rn ~ o ~ m ~ a v ~~ r z N m 0 0 m m v o BcoP-~s9~ v n r Z N \J 0 N ~ Woo9~J (P ~o O 'F J Prices shown are your final discounted prices. ~; a or~~ xa ~ w c ~~ N oy~ ~° r ? to ... ~~Q _ o r• ~° ~ O ~ ~ ~ ` V ~~ ~ N ~ ~=x N ~~~ o 3 bpd 0 0 ~Q a~ ~~ a 61015 781