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HomeMy WebLinkAbout1942 ORDINANCE NO. 1942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING CHAPTER 9 TO ARTICLE III OF THE ARCADIA MUNICIPAL CODE REGARDING THE REGULATION OF ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: j SECTION 1. That the Arcadia Municipal Code is hereby amended by adding Chapter 9 to Article III to read as follows: 3900. FINDINGS AND PURPOSE. The city of Arcadia finds and determines that the regulation of alarm systems and the control of false alarms is necessary to promote the health, welfare and safety of the people. Many alarm systems currently in use either mechanically malfunction, or are not operated properly by their users, causing an increase in false alarm reports, thereby constituting a hazard and wasted time for peace officers, fire personnel, communications personnel and the pUblic in general. The City Council determines and finds that the high rate of nFalse Alarmsn is extreme, and that the remedies set forth in this Ordinance including cost assessments are necessary to address and remedy this problem and its negative impact on the services of the City and the taxpayers of the community. 3901. DEFINITIONS. For the purpose of this Article, the following definitions will apply: 1. Alarm system is any device designed for the detection of an unauthorized entry on or into any building, place, or premises or for alerting others of the commission of an unlawful act, or both, or for the detection of a fire or medical emergency and when 1 1942 activated, emits a sound or transmits a signal to indicate that an emergency exists, to which police or fire personnel are expected to respond. 2. Alarm Business shall mean any person, firm or corporation conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring an alarm system in or on any building, place, premises or vehicle. 3. Alarm Agent shall mean any person who is self-employed or employed by an alarm business, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place, premises or vehicle. 4. Audible Alarm is a device which is designed to activate upon an unauthorized entry, or attempted entry into a structure, or upon detection of smoke or fire and which sounds an audible signal on the premises. 5. Alarm User is any person using an alarm system at his residence or place of business. 6. Direct Dial Telephone Device (Automatic Dialing Device) is any device which is interconnected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmits by pre-recorded voice message or code signal an emergency message indicating a need for an emergency response. 2 1942 7. False Alarm shall mean the activation of an alarm system necessitating response by the Police or Fire Department where an emergency situation for which the alarm system was designed or used does not exist. Alarms that are activated by a person or persons who have a reasonable belief under the particular circumstances that activation was necessary shall not be deemed "False Alarms." nFalse Alarm" shall not include an alarm system activated as a result of authorized servicing, testing, maintenance, adjustments, alterations or installations thereof, provided that the respective permittee or authorized agent thereof, notifies the Arcadia Fire- Police Communications Center prior to commencement of any of the aforesaid activities. Alarms that result from natural causes, acts of God, or power failures beyond the control of permittee are not subject to the definition of False Alarms. 8. Person shall mean any individual, partnership, corporation or other entity. 9. Residential means premises used as dwelling units which includes apartments and lodging house. 10. Business shall mean any premises used as non-residential. 3902. EMERGENCY NOTIFICATION CARD. No person shall install or cause to be installed, used, maintained or possess an alarm system on any business premises owned or in the possession or control of such person within the City of Arcadia without filing an emergency notification card (Card) in accordance with this Section. The Card shall be filed with the Business License Officer 3 1942 who 6hall prescribe the form and request such information as is necessary. The Card shall include the address of the business premises where the system is to be located and the name, address, and telephone number of the applicant and persons who will render service or repairs to the alarm system or the location during any hour of the day or night, and any other information required in order to process this application including information applicable to Arcadia Municipal Code Sections 3904, 3905 and 3906 which follow: 3903. CORRECTION INFORMATION. Whenever any change occurs relating to the written information as may be required in the above section, written notice of such change shall be given to the Business License Officer within five (5) working days of subject change. 3904. ALARM SYSTEM STANDARDS. All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution or ordinance of the city Council of the city of Arcadia. The city reserves the right to inspect all alarm systems subject to all applicable laws including Code of civil Procedures Section 1822.50 et seq. (Inspection Warrants) All new alarm systems shall meet or exceed the minimum standards for alarm systems established by this ordinance. All existing alarm systems (i. e. those in active use as of the effective date of this Ordinance) shall meet these standards within one (l) year of the effective date. 4 1942 3905. ALARM SYSTEM REGULATIONS. l. Automatic deactivation; audible alarms. Audible residential alarms shall be equipped with an automatic shut-off or reset mechanism capable of terminating the audible annunciator after activation within a maximum of fifteen (15) minutes. Audible commercial alarm systems shall be equipped with an automatic shut- off or reset mechanism capable of terminating the annunciator after activation within thirty (30) minutes. Those audible alarms installed prior to the effective date of this section, not capable of turning oft the annunciator, shall have until one (1) year from and after this section becomes effective to comply. 2. Maintenance Notification. The alarm user shall contact the Police and/or Fire Department Communication Supervisor or Watch Commander prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. 3. Power Supply. Alarm systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four (4) hours of operation without the assistance of normal utility electricity. 4. Repairs. When any false alarm caused by a malfunction of 5 1942 an alarm system has occurred, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm system annunciator shall be disconnected while repairs are being made. 5. Direct Dial Telephone Devices. No person shall install any alarm system which directly dials any telephone number of the Arcadia Police or Fire Departments, except as hereinafter designated by the Police and/or Fire chief. 3906.1. APPROVAL OF ALARM SYSTEMS/COMPLIANCE WITH STANDARDS. , No person shall install any alarm system without the prior approval or conditional approval of the Business License Officer or his designee after review by the Police, Fire and other City Departments as deemed necessary by the Business License Officer to assure compliance with the Alarm System Standards as established by the City. All alarm systems that are in operation as of the effective date of this Ordinance shall be made to comply with said standards within one (1) year of the effective date of this Ordinance. 3906.1. COMPLIANCE WITH REGULATIONS. Whenever it is determined that an alarm user has failed to meet any of the standards of this ordinance or related resolutions, the Business License Officer is authorized to direct in writing that the user of that alarm system disconnect the system until it is made to comply with said requirements. Failure to comply with this direction shall constitute a misdemeanor. EXCEPTION: This Section shall not apply to those fire alarm 6 1942 systems that are required pursuant to Arcadia Municipal Code sections 3115.1 and 8130.29. 3907. FALSE ALARM COST ASSESSMENT/GRACE PERIOD. Any person having an alarm system which results in a Police or Fire Department response in which the alarm proves to be a false alarm, shall pay a cost assessment fee to the City of Arcadia as set forth in the following or as may be subsequently established by Resolution of the City Council. The following assessment schedule shall not apply to any false alarms that occur within thirty (30) days of the initial completed installation of a new alarm system. Commencing with the effective date of this Ordinance, a false alarm penalty assessment shall be paid to the City after 4 false alarms have been received from anyone source from anyone alarm system, in accordance with the following schedule: 1. The first through third false alarm in any consecutive 365 day period - no penalty assessment. 2. The fourth and fifth alarm in any consecutive 365 day period - $50.00 assessment. 3. The sixth and subsequent false alarms in any consecutive 365 day period - $100.00 assessment per false alarm (six and above). 4. All "False" Alarms which specifically signal a robbery regardless of any other crime, shall be subject to a penalty assessment of $200.00, commencing with the second such alarm in any consecutive 365 day period. After one "robberyn false alarm City shall issue a 7 1942 warning notice to the alarm user. Per Penal Code Section 211 "robbery" means the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear. This does not apply to so-called "panic" alarms which signify any kind of emergency. The purpose of section 3907 is, in part, to assure that assessments shall apply to any person whose alarm system results in at least four false alarms within any consecutive 365 day period. Any false alarm within any 365 day period shall be counted as part of the calculation of penalty assessments set forth herein. Accordingly, a person cannot be cleared of all false alarms in this determination, unless their system does not register any false alarms for at least 365 consecutive days. 3908. PUBLIC NUISANCE/DEACTIVATION ORDER. Any alarm system that registers seven (7) false alarms in any consecutive 365 day period as defined at Section 3907 is deemed to constitute a public nuisance and shall be subject to an order to deactivate said alarm system, subject to reinstatement as set forth in Section 3908.1. The order to deactivate shall be made by the Business License Officer by written notice. It shall require deactivation (removal) of the alarm system so as to place it in a non-response mode. within three (3) days of the date of the Notice, those subject to the order may request review of the decision. This request must be in writing and may include written materials and communications 8 1942 in support of the request for review. Upon receipt of the request, the Business License Officer shall schedule a meeting with the appellant to review the order. The failure of appellant to appear at the meeting shall constitute a waiver of any right to appear. within two (2) days of the date of the meeting or failure to appear, the Business License Officer shall render a final decision (Notice) in writing. Deactivation shall be effective as of the date set forth in the final decision of the Business License Officer. 390B.l. REINSTATEMENT. Upon providing proof satisfactory to the Business License Officer that justifies renewed use of an alarm system, the system may be reactivated subject to the following conditions: A. Payment of a reactivation fee in the amount of $35.00. B. Inspection of the alarm system and premises to be protected by the Police or Fire Department. C. Any other conditions deemed necessary by the Chief of either the Police or Fire Department. 3909. PENALTIES/ENFORCEMENT. Any person who violates any provision of this Chapter including non-compliance with the Business License Officer's Final Deactivation Notice shall be guilty of a misdemeanor. The conviction or punishment of any person for violation of the provisions of this Chapter or for failing to deactivate as required by this Ordinance shall not relieve such person from paying any fee or cost assessment due and 9 1942 unpaid at the time of such conviction, nor shall the payment of any cost assessment prevent criminal prosecution for the violation of any of the provisions of this Chapter. 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 fee or charge 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 fees. All fees and cost assessments shall be deemed delinquent ten (lO) days after they are due and payable. 3910. CONFIDENTIALITY. Subject to the California Public Records Act, information furnished and secured pursuant to this Article shall be confidential in character and shall not be subject to public inspection. Such persons shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued, or permitted by such person. SECTION 2. SEVERABILITY. Nei ther the adoption of this Ordinance nor the repeal hereby of any Ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such Urgency Ordinance relating,to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, required to be posted, filed or deposited pursuant to any Ordinance 10 1942 and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the official newspaper of the city of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this 3cd doy of ~l. Mayor of the City of Arcadia ATTEST: ci STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1942 was passed and adopted by the City Council of the city of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said council held on the 3rd day of SeptembeF 1991 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None ;. <~/~ . Y Clerk of Arcadia 11 1942