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ORDINANCE NO. 2209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING ARTICLE III,
CHAPTER 9, OF THE ARCADIA MUNICIPAL CODE
RELATING TO PUBLIC SAFETY ALARM SYSTEMS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION I. Article III, Chapter 9 of the Arcadia Municipal Code is hereby
deleted in its entirety and new Chapters 9 and 9.5 are hereby added to the Arcadia
Municipal Code to read as follows:
"CHAPTER 9 ALARM SYSTEMS - LAW ENFORCEMENT
SECURITY ALARM SYSTEMS
3900. FINDINGS AND PURPOSE. The City of Arcadia finds and
determines that the regulation of security alarm systems and the control of false
security alarms are necessary to promote the health, welfare and safety of the
people. Many security alarm systems currently in use either mechanically
malfunction, or are not operated properly by their users, causing an increase in
false security alarm reports, thereby constituting a hazard and wasted time for
peace officers, communications personnel and the public in general. The City
Council determines and finds that the high rate of "false security alarms" is
extreme, and that the remedies set forth in this Ordinance, including without
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limitation 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:
A. "Security 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 and which, when activated, emits a sound or
transmits a signal to indicate that an emergency exists, to which police personnel
are expected to respond.
B. "Security 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 a security
alarm system in or on any building, place, premises or vehicle.
C. "Security alarm agent" shall mean any person who is self-employed or
employed by a security alarm business, whose duties include any of the following:
selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or
installing a security alarm system in or on any building, place, premises or vehicle.
D. "Audible security alarm" is a device designed to activate upon an
unauthorized entry, or attempted entry, into a structure and which sounds an
audible signal on the premises.
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E. "Security alarm user" is any person using a security alarm system at
his/her residence or place of business.
F. "Direct dial telephone device (automatic dialing device)" is any
device interconnected to a voice grade telephone line and which is programmed to
select a predetermined telephone number and which transmits by prerecorded
voice message or code signal an emergency message indicating a need for an
emergency response.
G. "False security alarm" shall mean the activation of a security alarm
system necessitating response by the Arcadia Police Department where an
emergency situation,for which the security 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 security alarms." "False security alarm" shall not
include a security alarm system activated as a result of authorized servicing,
testing, maintenance, adjustments, alterations or installations thereof, provided that
the respective permitee or authorized agent thereof notifies the Arcadia Police
Communications Center as required pursuant to Section 3905.B prior to
commencement of any of the aforesaid activities. Security alarms that result from
natural causes, acts of God, or power failures beyond the control of permitee are
not deemed to be "false security alarms."
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H, "Person" shall mean any individual, partnership, corporation or other
entity.
1. "Residential" means premises used as dwelling units, which includes
without limitation apartments and lodging houses.
J. "Business" shall mean any premises used as nomesidentia1 premises.
3902. EMERGENCY NOTIFICATION CARD. No person shall install, or
cause to be installed, used or maintained, or possess a security 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") and
application in accordance with this Section. The Card and application shall be
filed with the City's Business License Officer who shall prescribe the form of the
Card and application, and request such information as is deemed by the Business
License Officer to be reasonable and necessary. The Card and application shall
include, at a minimum, the address of the business premises where the security
alarm 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 security alarm
system, or its location, during any and all hours of the day or night, and any other
information required in order to process the Card and application, including
without limitation information applicable to Arcadia Municipal Code Sections
3904, 3905 and 3906.
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3903. CORRECTION INFORMATION. Whenever any change occurs
relating to the written information provided on the Card and application described
in Section 3902, written notice of such change shall be given to the City's Business
License Officer within five (5) working days of any such change in information.
3904. SECURITY ALARM SYSTEM STANDARDS. All security alarm
systems and appurtenant equipment installed on any premises shall meet or exceed
those standards whi<;:h 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
security alarm systems subject to all applicable laws, including without limitation
,
Code of Civil Procedure Section 1822.50 et seq. (Inspection Warrants). All new
security alarm systems shall meet or exceed the minimum standards for security
alarm systems established by this Chapter.
3905. SECURITY ALARM SYSTEM REGULATIONS.
A. Automatic deactivation; audible security alarms. Audible residential
security alarms shall be equipped with an automatic shut-off or reset mechanism
capable of terminating the audible annunciator after activation within fifteen (15)
minutes. Audible business security alarm systems shall be equipped with an
automatic shutoff or reset mechanism capable of terminating the annunciator after
activation within thirty (30) minutes.
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B. Maintenance Notification. The security alarm user shall contact the
Arcadia Police Department Communication Supervisor or Watch Commander
prior to any service, test, repair, maintenance, alteration or installation of a security
alarm system which might produce a false security alarm. Any security alarm
activated where such prior notice has been given shall not constitute a false
security alarm.
C. Power ~upp1y. Security 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 security alarm system. The power
supply must be capable of at least four (4) hours of operation without the
assistance of normal utility electricity.
D. Repairs. When any false security alarm caused by a malfunction of a
security alarm system has occurred, the security alarm user shall promptly cause
the security alarm system to be repaired to eliminate the malfunction. The security
alarm system annunciator shall be disconnected while repairs are being made.
E. Direct Dial Telephone Devices. No person shall install any security
alarm system which directly dials any telephone number of the Arcadia Police
Department, except as authorized in writing by the Police Chief.
3906. APPROVAL OF SECURITY ALARM SYSTEMS/COMPLIANCE
WITH STANDARDS. No person shall install any security alarm system without
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the prior approval or conditional approval of the City's Business License Officer or
his/her designee after review by the Police and other City Departments as deemed
necessary by the Business License Officer to assure compliance with the Security
Alarm System Standards as established by the City.
3906.1. COMPLIANCE WITH REGULATIONS. Whenever it is
determined that a security alarm user has failed to meet any of the standards of this
Chapter or related r~solutions or regulations adopted by the City, the City's
Business License Officer is authorized to direct in writing that the user of that
security alarm system disconnect the system until it is made to comply with said
requirements. Failure to comply with this direction shall constitute a misdemeanor.
3907. FALSE SECURITY ALARM COST ASSESSMENT/GRACE
PERIOD. Any person having a security alarm system which results in an Arcadia
Police Department response in which the security alarm proves to be a false
security alarm, shall pay a cost assessment fee to the City of Arcadia as set forth as
follows or as may be established from time to time by Resolution of the City
Council. The following assessment schedule shall not apply to any false security
alarms that occur within thirty (30) calendar days of the initial completed
installation of a new security alarm system. A false security alarm,cost assessment
shall be paid to the City after four (4) false security alarms have been received
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from anyone source from anyone (I) security alarm system, in accordance with
the following schedule:
A. The first through third false security alarm in any consecutive three
hundred sixty-five (365) day period - no cost assessment.
B. For each of the fourth and fifth false security alarms in any
consecutive three hundred sixty-five (365) day period - Fifty Dollar ($50.00) cost
assessment.
,
C. For each of the sixth and all subsequent false security alarms in any
consecutive three hundred sixty-five (365) day period - One Hundred Dollar
($100.00) cost assessment.
D. For each false security alarm which specifically signals a robbery
regardless of any other crime, there shall be a cost assessment of Two Hundred
Dollars ($200.00), commencing with the second false security alarm in any
consecutive three hundred sixty-five (365) day period. After one (1) "robbery"
false security alarm, the City shall issue a warning notice to the security alarm
user. As set forth in 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.
Notwithstanding any provision herein to the contrary, the cost assessment set forth
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in this subsection D shall not apply to so-called "panic" alarms which signify any
kind of emergency.
The purpose of this Section 3907 is, in part, to assure that assessments shall
apply to any person whose security alarm system results in at least four (4) false
security alarms within any consecutive three hundred sixty-five (365) day period.
Any false security alarm within any three hundred sixty-five (365) day period shall
be counted as part of the calculation of cost assessments set forth herein.
Accordingly, a person cannot be cleared of all false security alarms in this
determination, unless that person's security alarm system does not register any
false security alarms for at least three hundred sixty-five days (365) consecutive
days.
3908. PUBLIC NUISANCE / DEACTIVATION ORDER. Any security
alarm system that registers seven (7) false security alarms in any consecutive three
hundred sixty-five (365) day period 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 City's Business License Officer by written notice to the security alarm user.
It shall require deactivation (removal) of the security alarm system so as to place it
in a non-response mode. Within three (3) business days of the date of the Notice,
the person subject to.the order may request review of the decision. This request
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must be submitted to the City's Business License Officer in writing and may
include written materials and communications 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) business
days of the date of the meeting or failure to appear, the Business License Officer
shall render a final decision (Notice) in writing. Deactivation, if applicable, shall
be effective as of the date set forth in the final decision of the Business License
Officer.
3908.1. REINSTATEMENT. Upon providing proof satisfactory to the
Business License Officer, in his/her reasonable discretion, that justifies renewed
use of a security alarm system, the system may be reactivated subject to the
following conditions:
A. Payment of a reactivation fee in the amount of Thirty-five Dollars
($35.00) or as otherwise established by resolution of the City Council from time to
time.
B. Inspection of the security alarm system and premises to be protected
by the Police Department.
C. Any other conditions deemed necessary by the Chief of Police.
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3909. PENALTIES/ENFORCEMENT. Any person who violates any
provision of this Chapter, including without limitation, noncompliance 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 Chapter
shall not relieve such person from paying any fee or cost assessment due and
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 recovery of the amount of any delinquent fees or cost
assessments. All fees and cost assessments shall be deemed delinquent if the City
does not receive them within ten (10) calendar days after they are due and payable.
A person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this Chapter is committed,
continued, or permitted by such person.
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3909.1 CONFIDENTIALITY. Subject to the California Public Records Act,
information furnished and secured pursuant to this Chapter shall be deemed
confidential in character and shall not be subject to public inspection.
ARTICLE III PUBLIC SAFETY
CHAPTER 9.5 ALARM SYSTEMS-
FIRE DEPARTMENT ALARM SYSTEMS
3950. FINDINGS AND PURPOSE. The City of Arcadia finds and
determines that the regulation of fire alarm systems and the control of false fire
alarms are necessary to promote the health, welfare and safety of the people. Many
fire alarm systems currently in use either mechanically malfunction, or are not
operated properly by their users, causing an increase in false fire alarm reports,
thereby constituting a hazard and wasted time for fire personnel and the public in
general. The City Council determines and finds that the high rate of "false fire
alarms" is extreme, and that the remedies set forth in this Ordinance, including
without limitation 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.
3951. DEFINITIONS. For the purpose of this Article, the following
definitions will apply:
A. "Fire alarm system" is a system of devices designed to detect the
presence of fire withjn a structure or structures and which when activated, emits a
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sound or transmits a signal to indicate that an emergency exists, to which fire
personnel are expected to respond.
B. "Fire 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 of a fire
alarm system in or on any building, place, or premises.
C. "Fire alarm agent" shall mean any person who is self-employed or
employed by a fire 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, or premises.
D. "Audible fire alarm device" is a device which is designed to activate
upon a signal from a fire alarm panel of the detection of smoke or fire and which
sounds an audible signal on the premises.
E. "Fire alarm user" is any person using a fire alarm system at his/her
residence or place of business.
F. "False fire alarm" shall mean the activation of a fire alarm system
necessitating response by the Arcadia Fire Department where an emergency
situation for which the alarm system was designed or used does not exist. "False
fire alarm" shall also include a fire alarm system activated as a result of servicing,
testing, maintenance, adjustments, alterations or installations necessitating
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response by the Arcadia Fire Department where an emergency situation for which
the alarm system was designed or used does not exist, unless the Arcadia Fire
Chief or his/her designee is formally notified in advance of the specific time of
such servicing, testing, maintenance, adjustments, alterations or installations, as
required pursuant to Section 3953.A. Fire 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 fire alarms." Fire alarms that
result from natural causes beyond the control ofpermitee are not deemed to be
"false fire alarms."
G. "Person" shall mean any individual, partnership, corporation or other
entity.
H. "Residential" means premises used as dwelling units, which includes
without limitation, apartments and lodging houses.
1. "Business" shall mean any premises used as nomesidential premises.
3952. FIRE ALARM SYSTEM STANDARDS. All fire 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 fire
alarm systems subject to all applicable laws, including without limitation, Code of
Civil Procedure Section 1822.50 et seq. (Inspection Warrants).
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All new fire alarm systems shall meet or exceed the minimum standards for
fire alarm systems established by this Chapter and Article III, Chapter 1.
3953. FIRE ALARM SYSTEM REGULATIONS.
A. Maintenance Notification. The fire alarm user shall notify the fire
alarm system monitoring station of the Arcadia Fire Department prior to, and shall
specify the time of, any service, test, repair, maintenance, alteration or installation
of a fire alarm system which might produce a false fire alarm. Any fire alarm
activated where such prior notice has been given shall not constitute a false fire
alarm.
B. Repairs. When any false fire alarm caused by a malfunction of a fire
alarm system has occurred, the fire alarm user shall promptly cause the fire alarm
system to be repaired to eliminate the malfunction. The fire alarm system shall be
disconnected while repairs are being made.
C. Direct Dial Telephone Devices. No person shall install any fire alarm
system which directly dials any telephone number of the Arcadia Fire Department,
unless authorized in writing by the Fire Chief.
3954. APPROVAL OF FIRE ALARM SYSTEMS/COMPLIANCE WITH
STANDARDS. No person shall install any fire alarm system without the prior
approval or conditional approval of the Arcadia Fire Department to assure
compliance with the Fire Alarm System Standards as established by the City.
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3955. COMPLIANCE WITH REGULATIONS. Whenever it is determined
that a fire alarm user has failed to meet any of the standards of this Chapter or
related resolutions or regulations adopted by the City, the Arcadia Fire Department
is authorized to direct in writing that the user of that fire alarm system disconnect
the system until it is made to comply with said requirements. Failure to comply
with this direction shall constitute a misdemeanor. An approved Fire Watch may
also be required by the Arcadia Fire Department during the time the fire alarm
system is disconnected.
3956. FALSE FIRE ALARM COST ASSESSMENT/GRACE PERIOD.
Any person having a fire alarm system which results in an Arcadia Fire
Department response in which the alarm proves to be a false fire alarm, shall pay a
cost assessment fee to the City of Arcadia as set as follows or as may be
established by resolution of the City Council from time to time. The following
assessment schedule shall not apply to any false fire alarms that occur within thirty
(30) calendar days of the initial completed installation of a new fire alarm system.
The assessment schedule shall also not apply to any false fire alarms that occur
within a tenant improvement space within thirty (30) calendar days of its
completed installation.
A false fire alarm cost assessment and other penalties and remedies as
applicable, shall be paid to the City, or due from the fire alarm user, on the third
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false fire alarm received from any single fire alarm system serving one address or
location, in accordance with the following schedule:
A. The first and second false fire alarm during the calendar year - no
cost assessment.
B. For each of the third and all subsequent false fire alarms during the
calendar year - cost assessment equivalent to one engine company at the
established hourly rate (the full hourly rate shall also apply to any fraction of an
hour) listed in the Fire Department Fee Schedule (Engine/Truck Company
Standby) set forth by resolution of the City Council from time to time.
C. For each of the fifth and all subsequent false fire alarms during the
calendar year - issuance by the Fire Department of violation notices for corrective
actions for failure to maintain fire alarm systems, and issuance of administrative
citations.
The purpose of this Section 3956 is, in part, to assure that assessments, and
other penalties and remedies, shall apply to any person whose fire alarm system
results in at least three (3) false fire alarms during the calendar year period. Any
false fire alarm during the calendar year period shall be counted as part of the
calculation of cost assessments set forth herein. Accordingly, a person cannot be
cleared of all false fire alarms until the beginning of the next calendar year.
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3957. PENALTIES/ENFORCEMENT. Any person who violates any
provision 9f this Chapter shall be guilty of a misdemeanor. The conviction or
punishment of any person for violation of the provisions of this Chapter shall not
relieve such person from paying any fee or cost assessment due and 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 ofthis 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 recovery of the amount of any delinquent fees or cost
assessments, or any other remedy. All fees and cost assessments shall be deemed
delinquent if the City does not receive them within ten (10) calendar days after
they are due and payable. A person shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision of this
Chapter is committed, continued, or permitted by such person.
3958. CONFIDENTIALITY. Subject to the California Public Records Act,
information furnished and secured pursuant to this Chapter shall be deemed
confidential in character and shall not be subject to public inspection."
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SECTION 3. The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy of the same to be published in the official newspaper of said
City within fifteen (15) days after its adoption.
Passed, approved and adopted this 2nd day of Au us t
,2005.
Ma r of the City of Arcadia
ATTEST:
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' ~ Cler;:
<::::::::-::.
APPROVED AS TO FORM:
.
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City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2209 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 2nd day of August, 2005 and that said Ordinance
was adopted by the following vote, to wit:
A YES: Counci1member Chandler, Kovacic, Marshall and Wuo
NOES: None
ABSENT: Counci1member Segal
,~<;. 1-1:6 ~
ity Clerk of the City of Arcadia--
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