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HomeMy WebLinkAboutOrd 1120ORDINANCE N0. ADDING CHAPTER 10.10 TO TITLE 10 OF THE BURLINGAME MUNICIPAL CODE TO AUTHORIZE FRANCHISES FOR POLICE ALARM SYSTEMS WITHIN THE CITY COMMUNICATIONS CENTER The CITY COUNCIL of the City of Burlingame ORDAINS as follows: Section 1. Chapter 10.10 is hereby added to Title 10 of the Burlingame Municipal Code to read: "CHAPTER 10.10 ALARM SYSTEM FRANCHISES 1.0.10.010 Granting. The Council may grant a nonexclusive franchise to construct, operate and maintain a police alarm system at a City Communications Center for all or any portion of the city to any person who offers to furnish and provide such system upon such terms and conditions as the Council deems proper and consistent with the provisions of the charter and this chapter. 10.10.020 Definitions. (a) "Subscriber Alarm System" means a police alarm system which terminates in the alarm receiving equipment housed in a City Communications Center. (b) "Franchise" means any person with a franchise from the city to provide alarm receiving equipment to a City Communications Center for the purpose of processing alarm signals. (c) "Subscriber" means any person whose premises are protected by an alarm system which is utilizing alarm receiving equipment provided by the franchisee at a. City Communications Center. (d) "False Alarm" means an alarm signal necessitating response by the city police when an emergency does not exist. The chief of police shall evaluate whether an emergency did exist. (e) °'Local or Audible Alarm System" means a system which 1/3/78 -1- produces an audible or visible signal or transmitsits signal to a remote alarm monitor but does not terminate in the alarm re- ceiving equipment housed in a City Communications Center. 10.10.0.30 Duration. Every franchise granted pursuant to this chapter shall be for five years and shall be renewable for subsequent terms of five years by mutual agreement of the parties. 10.10.040 Alarm Receiving Equipment. Franchisee shall provide alarm receiving equipment meeting the performance, size, and other specifications that are established by city. City may cancel a franchise if it determines that the alarm receiving equipment or the subscriber alarm systems joined with it are not properly operating or maintained. 10.10.050. Subscriber Alarm Systems. All subscriber alarm systems shall be installed by a licensed alarm company, be in proper working order, and have an on-going maintenance and supervision program. All such systems shall meet all applicable fire and building codes and shall be compatible with the alarm receiving equipment installed at a City Communications Center. City may inspect such equipment at reasonable times after approval for such inspection is received from the person in control of the premises housing the subscriber alarm system. Franchisee shall be responsible for the proper performance of all subscriber alarm systems at their termination point in a City Communications Center. In the event that city determines that a subscriber alarm system is not properly operating, city may demand withdrawal of said system from its Communications Center. The licensed alarm company that is maintaining said system may inspect and test its subscriber alarm system after notifying city and obtaining its approval. -2- 10.10.060 Local or Audible Alarm Systems. It shall be unalawful for any person to use or cause to be used or to install a local or audible alarm system which upon activation emits a sound similar to that emitted by sirens in use on emergency vehicles. 10.10.070 False Alarms. No premises protected by a subscriber alarm system or local or audible alarm system shall be permitted more than three (3) false alarms during any one calendar year, except that false alarms that occur during the first two weeks after original installation of the system shall not be included in the calculation. In the event that any such premises has more than three (3) false alarms, the city may in its discretion disconnect the offending alarm systems from its Communications Center, or alternatively, bill the franchisee or the owner of the premises maintaining a local or audible alarm system for each additional false alarm. A false alarm fee shall be established by the City Council in the franchise applicable to franchisee and its subscribers. The same false alarm fee shall be charged to the owner of any local or audible alarm system. 10.10.080 Permits Reouired. The grantee . of a franchise hereunder is obligated to apply for and receive all permits, licenses and authorization necessary to the full operation of the business, whether from governmental agencies, private corporations or utilities. Franchisee shall be certified by the State of California as a licensed alarm dealer (contractor). 10.10.090 Application -.for Alarm Monitoring Service. Opp?ication for termination of a_subscriber alarm system at a City Communications Center shall be made by the system installer and must be approved by the chief of police.An application shall _3_ include, but not be limited to, the following information: (a) Name, address, telephone number of the business or premises where the alarm system is to be installed; (b) Name, address, telephone number which may be contacted on a 24-hour basis of the alarm company responsible for maintenance of the subscriber alarm system; (c) Name, address, telephone number of three persons at the premises sought to be protected who may be contacted in case of an alarm; (d) Type of structure (wood frame, steel and concrete, residential, commercial, industrial, et al), and type of use of such structure; (e) Type of alarm to be installed; (f) Presence of any ammunition, flammable liquids, or other hazardous materials stored at the premises wherein the alarm system is installed; (g) Affirmation that applicant's personnel have been trained in the installation and operation of the alarm system to be terminated at a City Communications Center.. 10.10.100 Denial of Application. The chief of police may reject any application to install a subscriber alarm system at a City Communications Center. A rejection may occur where (1) the subscriber alarm system sought to be installed is inadequate, (3) the applicant is not competent to install the desired system, or (3) for any other reason that the City Communica- tions System would be adversely affected by the installation of the subscriber alarm system. The city manager shall review any denial of an application and may affirm, reverse or modify the prior decision. 10.10.110 Installation Fee. Franchisee shall charge a subscriber installation and mainten- ante fees. Such fees shall be established initially by the City -4- Council by resolution. authorized Thereafter, upon the written request of the franchisee, one hundred such fees may be changed upon approval of the Council. 10. 10.120 Citv Space Retention. Franchisee shall retain ten per cent (10%) of its alarm system receiving equipment for the use by city, without charge, as part of the consideration for the granting of the franchise. 10.10.130 Emergency Use Upon Termination. Upon termination of any franchise granted pursuant to this chapter for any reason, and in any manner, the city shall be authorized to utilize the franchise equipment for a period not to exceed one hundred eighty (180) days to ensure the continued service until a new franchise can be granted, or a substituted service provided. the city unless specifically stated." 10.10.140 Code Provisions Applicable. All provisions of this code., and all rules, regulations and specifications heretofore or hereafter enacted or established shall apply to the holder of any franchise issued hereunder unless specifically exempted. 10.10.150 Authority and Powers Reserved. The Council specifically reserves its power to amend any section of this chapter or to add to it so as to require additional standards of construction, operation, maintenance or otherwise. No govern- mental right or power of the city shall be deemed to be waived by action or inaction of the city unless specifically stated." Section 2. This ordinance shall be published as required by law. F Mayor -5- I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meet- ing of the City Council held on the 16th day of January 1978, and was adopted thereafter at a regular meeting of the City Council held on the rth day of February 1978, by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Harrison®Mangini®Martin NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None C ty Clerk -6-