ORDINANCE NO. ________________
AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.44, SECTIONS 8.44.060, 8.44.080,
8.44.085, 8.44.110, 8.44.115, and 8.44.230 OF THE STOCKTON MUNICIPAL CODE TO
CORRECT INCONSISTENCIES WITHIN THE CODE AND TO IMPROVE ADMINISTRATION AND ENFORCEMENT OF THE CODE.
BE IT ORDAINED BY THE CITY COUNCIL O F THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
The current version of the City of Stockton’s Alarm Ordinance was adopted in 1984 and is currently codified in the Stockton Municipal Code (SMC) 8.44 et seq. The Purpose of the Code, “to establish standards and controls for the various types of intrusion, hold-up and other emergency signals from alarm systems for which police response or investigation is expected, and for the businesses and persons installing and servicing said systems in order to protect the public health, welfare, and safety,” was adopted at a time when commercial and industrial concerns were the majority of end users of these systems. Over time, there has been a large increase in residential security systems. The SMC needs to be updated to allow staff to address concerns around residential security systems in addition to commercial and industrial systems.
Furthermore, in reviewing the Code for potential areas of improvement, inconsistencies in how alarm user permits were issued were discovered. Minor changes to the Code can correct these inconsistencies and improve permit issuance.
The proposed amendments to the SMC will correct inconsistencies in the SMC that were found during a review of the existing Code and improve administration and enforcement of the Code.
SECTION II. AMENDMENT OF CODE
Title 8, Chapter 8.44 section 8.44.060 of the Stockton Municipal Code i s amended t o read as follows:
8.44.060 Alarm user's permit.
A. No person shall install, cause to be installed, use, maintain, or possess an alarm system on the premises owned or in the possession or control of such person within the City without first having obtained an alarm user's permit from the Chief of Police of the City, in accordance with this section.
B. The application for an alarm user's permit shall be submitted on a form prescribed by the Chief of Police and shall include the address of the premises wherein the system is to be located and the name, address, and telephone number of the applicant and the person(s) who will respond to an alarm and provide access during any hour of the day or night, and any such additional information that the Chief of Police shall deem necessary for the evaluation and proper processing of the permit application.
C. Any permittee who operates or maintains more than one alarm system upon any particular property may, at the permittee's option, apply for a single permit for that particular property or for
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separate permits for each alarm system operated or maintained; provided, however, that if such permittee chooses to secure separate permits for each alarm system, a separate application shall be submitted for each such system and a separate permit fee shall accompany each such application.
D. The application shall be accompanied by a nonrefundable fee on a fee schedule established by the City Council of Stockton. The permit shall expire according to the schedule of permits and fees established by the City Council, at which time a renewal fee will be collected in accordance with the schedule of permits and fees applicable at the time of renewal.
E. Permit fees shall be paid in full at the beginning of each calendar year according to the schedule of permits and fees established by the City Council. Permit fees shall not be prorated.
Permit fees shall be paid in full at the time of application according to the schedule of permits and fees established from time to time by the City Council. A commercial/industrial permit shall expire at the end of the calendar year in which the permit was issued. A residential permit shall expire at the end of the calendar year, two years after the permit was issued. Permit renewal fees shall be paid no later than the first day of the calendar year in accordance with SMC
8.44.080. Permit fees shall not be prorated.
F. Nothing in this chapter shall be construed to require any police response to alarm devices.
The issuance of the alarm user's permit does not entitle the holder to any special level of police service to an alarm device. The fees will be used to offset costs to control false alarms and maintain records of existing alarm systems in the City. All fees associated with this Chapter shall be deposited into the General Fund. A portion of the fees deposited in the Fund shall be used to offset costs associated with administrating the provisions of this Chapter. All police responses to alarm devices will be made in accordance to the alarm response policy established by the Chief of Police.
(Prior code § 5-405)
SECTION III. AMENDMENT OF CODE
Title 8, Chapter 8.44 section 8.44.080 of the Stockton Municipal Code is amended to read as follows:
8.44.080 Expiration of permits.
A. Length of Permit Period. Each alarm use permit is valid, from the date of issuance, for one year for a business and three years for a residence; unless, the permit is revoked at an earlier time and must be renewed in compliance with current regulations. The date of issuance is the date shown on the permit. If a permit is not renewed, or if it is revoked, the alarm system may not be operated until a new permit is secured. Each alarm use permit shall be valid as follows:
1. Commercial/Industrial – from the date the application is approved, through the end of the calendar year in which it was issued.
2. Residential – from the date the application is issued, through two calendar years after the year in which the permit was issued.
B. Application for Renewal. If an application for renewal is not filed with the Chief of Police within 30 business days prior to the permit's expiration date, the permit shall may be canceled,
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and should it be determined the alarm system continues to be activated prior to obtaining a new permit, the permittee shall be in violation of this chapter and punishable as defined in Section 8.44.230. The permit renewal fee shall accompany the renewal application.
C. If the permit is revoked prior to the renewal date, the alarm system shall be deactivated and a new permit shall be obtained in compliance with current regulations, and a new permit fee shall be charged pursuant to SMC 8.44.060. The date of issuance is the date shown on the permit. If a permit is not renewed, or it is revoked, the alarm system shall not be operated until a new permit is obtained.
(Prior code § 5-407; Ord. 004-11 C.S. § 1, eff. 3-17-11) SECTION IV. AMENDMENT OF CODE
Title 8, Chapter 8.44 section 8.44.085 of the Stockton Municipal Code is amended to read as follows:
8.44.085 Revocation and reissuance of alarm use permits.
A. An alarm user permit may be revoked if good cause exists. Good cause for revocation shall include, but not be limited to:
1. Failure to take corrective measures to prevent false alarms;
2. Failure to pay service charges fees resulting from excessive false alarms. as authorized by this chapter.
a. Pursuant to SMC 8.44.110, excessive shall mean more than two (2) false alarms during any ninety-day period, which begins on the date of, and includes, the first false alarm.
B. Notice of alarm permit revocation shall be made by the Chief of Police to the permittee by certified or registered mail.
C. Use of an alarm system after permit revocation notification has been issued is unlawful and may result in an administrative fine issued by the Chief of Police or designee in accordance with Section 1.32.030 through 1.32.070 or the Stockton Municipal Code.
D. Revoked permits may be reissued by the Chief of Police if the former permittee can show that action has been taken to correct the cause or causes which resulted in the revocation of the original alarm use permit. Reissuance of an alarm use permit shall be accomplished by the same procedure as the issuance of a new permit.
(Ord. 004-11 C.S. § 2, eff. 3-17-11)
SECTION V. AMENDMENT OF CODE
Title 8, Chapter 8.44 section 8.44.110 of the Stockton Municipal Code is amended to read as follows:
8.44.110 False alarms.
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False alarms as defined in this chapter will be subject to review according to a false alarm policy established by the Chief of Police. In accordance with this policy, a service fee will be charged by the City for excessive false alarms or failure to respond to alarms by alarm owners or their designated representative. It is unlawful to activate an alarm designed to communicate an emergency situation for nonemergency purposes. Emergency for the purpose of this chapter means the commission of a felony crime. shall be defined pursuant to (Penal Code 653y(d)).
A. Excessive shall mean more than two (2) false alarms during any ninety-day period, which begins on the date of, and includes, the first false alarm.
B. Pursuant to SMC 8.44.190, excessive false alarms may result in police services no longer responding to an alarm at that location.
C. The false alarm service fee shall be determined, from time to time, as approved by the City Council.
(Prior code § 5-410; Ord. 004-11 C.S. § 1, eff. 3-17-11 SECTION VI. AMENDMENT OF CODE
Title 8, Chapter 8.44 section 8.44.115 of the Stockton Municipal Code is amended to read as follows:
8.44.115 Appeals.
A. Any person who is denied an alarm use permit, or whose alarm use permit has been revoked, or who is denied an alarm use permit reissuance, or who has been assessed an administrative fine after revocation of an alarm permit, or whose location the Chief of Police has determined there will be no response by police services to an alarm in accordance with SMC 8.44.190, or who has received an alarm service charge assessment, may appeal the action in writing to the City Manager or designee within 15 business days of the denial, revocation, denial of reissuance, or assessment of a service charge or administrative fine. Within 30 business days of receipt of an appeal, the City Manager or designee shall render a written decision on the appeal. If the appeal is denied, such decision shall be effective immediately upon personal service to the applicant/permittee or shall be effective five calendar days after being deposited with the United States Postal Service. The decision of the City Manager or designee shall be final.
B. Any person who has received an Administrative Fine associated with a Notice of Violation / Administrative Citation may appeal the fine in accordance with SMC Sections
1.32.030 through 1.32.070.
(Ord. 004-11 C.S. § 2, eff. 3-17-11)
SECTION VII. AMENDMENT OF CODE
Title 8, Chapter 8.44 section 8.44.230 of the Stockton Municipal Code is amended to read as follows:
8.44.230 Violation of chapter.
A. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of either an infraction as provided under Section 1.08.010 of the Stockton
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Municipal Code, or may be assessed an administrative fine issued by the Chief of Police in accordance with Sections 1.32.030 through 1.32.070 of the Stockton Municipal Code.
A.B. Service Fees. As authorized within this Chapter, some violations may result in a service fee being charged rather than a fine being assessed. Service fees may be appealed pursuant to SMC 8.44.115
CB. Enforcement. The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter.
DC. All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days after they are due and payable.
(Prior code § 5-423; Ord. 004-11 C.S. § 1, eff. 3-17-11) SECTION IV. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION V. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
KEVIN J. LINCOLN
Mayor of the City of Stockton
ATTEST:
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KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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