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