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HomeMy WebLinkAboutOrdinance No. 20324 ORDINANCE NO. 20324 AN ORDINANCE CONCERNING ALARM SYSTEMS; AMENDING SECTIONS 3.005, 3,105, 3.110, 3.115 AND 3.990 OF THE EUGENE CODE, 1971; AND REPEALING SECTION 3.100 OF THAT CODE. The City of Eugene does ordain as follows: Section I The "Alarm Systems" defln~bons set forth ~n the"L~censed Businesses" section of Section 3 005 of the Eugene Code, `197'1, are amended as follows 3.005 For the purposes of this chapter, the following words and phrases shall mean General City manager City manager or designee License Includes hcenses, cert~flcabons, or permits Licensee Includes all persons possessing licenses, certifications or permits Principal Includes all owners, shareholders, partners, directors, officers and managers of a business Material Information Any ~nformabon requested as part of the apphcabon process e~ther for a new hcense, permit or cert~flcabon, or a renewal of an ex~sbng I~cense, permit or cert~flcabon Special event An acbwty, use, or event of a type normally regulated, permitted or hcensed under prows~ons of th~s code, except that the acbwty, use, or event occurs only on a scheduled date(s) for a period of time not to exceed '14 calendar days Licensed Businesses Alarm Systems For purposes of sections 3 '105 to 3 '1 '15, the following words and phrases mean Alarm central station The bus~ness of any ~nd~wdual, partnership, corporabon or other enbty of momtonng the status of alarm systems not at the alarm central stabon Iocabon and reporbng any alarm acbvabons Ordinance- 1 or changes ~n status to any pohce, fire, pubhc safety or other governmental agency Audible alarm system Any fire alarm system that upon acbvabon, causes to be acbvated, ~n the ~mmed~ate wc~n~ty, any s~ren, bell, buzzer or other type of sound-em~tbng dewce that ~s designed for or expected to notify persons in the vicinity of an activation of the alarm system Automatic dialing device A device which is interconnected to a telephone I~ne and ~s programmed to select a predetermined telephone number and transmit by voice message or code s~gnal an emergency message ~nd~cabng a need for emergency response Such a dewce ~s an alarm system Emergency response services Police, fire and/or emergency medical services False alarm A report received by the c~ty from any source that results ~n a d~spatch of emergency response serwces personnel to the premises on which a fire alarm system ~s located, (when a s~tuabon requ~nng a response does not ~n fact ex~st), but does not ~nclude an alarm s~gnal caused by wolent cond~bons of nature or other extraordinary c~rcumstances not reasonably subject to control by the property owner, alarm bus~ness operator or alarm user Use of a fire alarm system for a purpose other than ~ts specific ~ntended use consbtutes a false alarm A false alarm does not necessanly require a response by the c~ty to the premises Fire alarm business The business of any individual, partnership, corporation or other entity selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any fire 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 facd~ty Fire alarm system A combination of approved compatible devices w~th the necessary electncal ~nterconnecbon and energy to produce an alarm s~gnal ~n the event of fire or system acbvabon F~re alarm system, for purposes of th~s chapter, ~ncludes, but ~s not hm~ted to audible alarm systems, local alarm systems, sdent alarm systems and those dewces designed to transmit a s~gnal or a message to a central alarm rece~wng stabon An alarm system, the existence of which ~s exempt from d~sclosure under the pubhc records law, ~s not ~ncluded w~th~n th~s definition and is not subject to the provisions of sections 3 105 to 3 115 of th~s code Ordinance - 2 Fire alarm user Any person, firm, partnership, association, corporabon, company or organ~zabon of any k~nd that owns, leases, rents, controls or occupies any budding, structure or facd~ty where~n a fire alarm system ~s maintained on premises w~th~n the c~ty Interconnect To connect a fire alarm system ~nclud~ng an automabc d~ahng dewce to a telephone hne, e~ther d~rectly or through a mechanical dewce that ubhzes a telephone, for the purpose of using the telephone I~ne to transmit a message upon the acbvabon of the alarm system Local alarm system Any fire alarm system that operates solely as an audible alarm system w~thout the add~bonal features of a sdent alarm system 9-1-1 Central Lane Communications Center The multi-jurisdictional facility used to receive emergency and general information from the pubhc to be d~spatched to the respecbve pohce and fire departments utilizing the center Premises Any budding, structure, facd~ty, property or land w~th~n the c~ty Primary trunk line A telephone hne serving the 9-1-1 Central Lane Commun~cabons Center that ~s designated to receive emergency calls Silent alarm system Any fire alarm system that, upon acbvabon, causes to be transmitted to a remote Iocabon, any s~gnal or message ~nd~cabng acbvabon of the fire alarm system that s~gnals or conveys a message that ~s not normally audible to persons ~n the wc~n~ty Sound emission cutoff feature A feature of a fire alarm system which wdl cause an audible alarm to stop em~tbng sound Section 2 Secbon 3 100 of the Eugene Code, 1971, ~s repealed Section 3 Sections 3 105, 3 110, 3 115 and 3 990 of the Eugene Code, 1971, are amended as follows 3.105 Fire Alarm Svstems- Prohibitions (1) Information required Each fire alarm business selling, leasing or furnishing to any fire alarm user an alarm system that is installed on premises located within the city shall furnish the fire alarm user with instructions that provide sufficient information to enable the fire alarm Ordinance - 3 user to operate the alarm system at any time, together with city guidelines and regulations related to fire alarm systems (2) Automatic dlahnq device It is unlawful for any person to (a) Fall to disconnect or reprogram an automatic dlahng 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 fall to disconnect or reprogram such automatic dialing device within 12 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 fire alarm user, or other person in charge of the premises 3.110 Fire Alarm Svstems- False Alarms Upon the occurrence of two or more false fire alarms at the same premises w~th~n a 12 month period, the fire alarm user shall be required to pay the false fire alarm fee established by the city manager for the second and subsequent false alarm at the premises Notification of each false fire alarm, and/or the notice of the amount of the false alarm fee, shall be sent to the fire alarm user at the address where the fire alarm system is maintained, and shall contain the information required in rules promulgated by the city manager hereunder The notice shall advise the fire alarm user of the right to appeal the false alarm fee in the manner set forth in section 2 021 of this code In addition to, or in lieu of the fire false alarm fee or any other penalty, upon the occurrence of the second and subsequent false fire alarm at the premises w~th~n a 12 month period, following the procedures of secbon 2 018 of th~s code, the c~ty may ~mpose an administrative civil penalty upon the fire alarm user The fire alarm systems fee schedule may also establish a credit that may be applied to offset all or a portion of a false fire alarm fee for attendance by the fire alarm user at city approved alarm system educational programs 3.115 Fire Alarm Svstems- Cessation of Transmission (1) A fire alarm user not ubhz~ng an alarm central stabon shall post a nobce containing the current name(s) and telephone numbers of the person(s) to be nobfled, capable of s~lenc~ng the alarm and secunng the premises whenever the fire alarm system ~s acbvated The nobce shall be posted ~n a conspicuous Iocabon that ~s ws~ble from the extenor of the building A fire alarm user ubl~z~ng an alarm central stabon shall prowde the alarm central stabon w~th the current names and telephone numbers of all persons capable of s~lenc~ng the alarm and secunng the premises who are to be nobfled when the fire alarm system ~s acbvated (2) Upon request of the c~ty, an alarm user or other designated person shall respond to the premises where the fire alarm system ~s located w~th~n Ordinance - 4 30 m~nutes after being not~fled, and shall sdence the alarm and secure the premises (3) Emergency response personnel may silence or cause an alarm system to be sdenced ~f (a) A fire alarm user or designated person does not arrive within 30 m~nutes after being requested to do so by the c~ty, or (b) The alarm system has transmitted a signal for more than ten minutes after the arrival of emergency response personnel and no fire alarm user or designated person is available to respond The c~ty shall be exempt from and shall assume no habd~ty or respons~bd~ty related to the sdenc~ng of any alarm system and any subsequent ~nc~dents where the alarm does not function due to exercising the prows~ons of th~s section It shall be the respons~bd~ty of the fire alarm user to repair, reset, or otherwise enable any fire alarm system so sdenced 3.990 Penalties - Specific (1) Violation of section 3 500 is punishable by a fine not to exceed $500 for each day that the wolat~on exists (2) V~olat~on of sections 3 510 to 3 515 ~s punishable by (a) A fine not to exceed $200 for the first violation, (b) A fine not to exceed $350 for the second violation occurring within a period of 24 months from the date of the first wolat~on, (c) A fine not to exceed $500 each for a third or subsequent violation occumng w~th~n a period of 24 months from the date of the first wolat~on (3) V~olat~on of section 3 812 ~s punishable by a fine not to exceed $500 or confinement ~n jad not to exceed 100 days, or both fine and ~mpnsonment (4) V~olat~on of sections 3 105 to 3 115 ~s punishable as follows (a) 3 105(1) - Fine of not less than $50 nor more than $500, (b) 3 105(2)(a) - $500 fine or 30 days in jail, or both, (c) 3 105(2)(b) - Fine of not less than $50 nor more than $500, (d) 3 115 - Fine of not less than $50 nor more than $500 (e) V~olat~on of any prows~ons of section 3 105 to 3 115 not specifically referenced in subparagraphs (a) through (g) above are subject to the penalties prowded ~n administrative rules or orders of the c~ty manager, ~nclud~ng ~mpos~t~on of an administrative c~wl penalty pursuant to section 2 018 of th~s code as referenced ~n section 3 110(1 ) Section 4. The C~ty Recorder, at the request of, or w~th the concurrence of the C~ty Attorney, ~s authonzed to adm~mstrat~vely correct any reference errors contained Ordinance - 5 herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein Passed by the City Council this Approved by the Mayor this 12th day of July, 2004. 21st day of July, 2004. Isl Mary H. Feldman Isl James D. Torrev City Recorder Mayor Ordinance - 6