The purpose of this chapter is to set forth regulations governing
the use of burglary and panic/robbery alarms, require permits thereof,
establish fees and provide penalty for violations. The City 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, in that some of the public are using alarm systems
which either mechanically malfunction or are not operated properly
by their users, causing an increase in false alarm reports, and thereby
creating a hazard to the safety of peace officers and the public in
general.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
For the purpose of this chapter, the following definitions shall
apply:
means any person who is self-employed or employed either
directly or indirectly by an alarm business, and whose duties include
any of the following: selling and maintaining, leasing, servicing,
repairing, altering, replacing, moving or installing an alarm system
in or on any building, place or premises.
means any person 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 or premises.
is a device or connected devices designed for: (1) the detection
of, or the alerting of others to, an unauthorized entry on any premises;
or (2) the alerting of others to a robbery in progress or other life
threatening or emergency situation; and which, when activated, emits
a sound or transmits a signal to indicate that an emergency situation
exists, and to which police are expected to respond. "Alarm system"
shall include a device or devices for video surveillance of any premises
which is either monitored by an alarm business or which is designed
to alert the alarm user of a possible unauthorized entry on the premises.
means any person owning, leasing or operating an alarm system,
or on whose property or premises an alarm system is maintained for
the protection of such property or premises.
means a class conducted for the purpose of educating alarm
users about the responsible use, operation and maintenance of alarm
systems and the problems caused by false alarms.
means a person or proposed permittee who has made request
for permission to use an alarm system under the conditions specified
in this chapter.
is an alarm system which, when activated, generates an audible
sound on the premises.
means unlawful entry into any building with the intent of
committing a theft or felony.
means any nonresidential use.
means the Chief of Police of the Garden Grove Police Department
or designee.
is any device which is interconnected to a voice grade telephone
line and 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 emergency response.
means the activation of an alarm system when an emergency
situation, for which the alarm system was designed, does not exist,
and to which the Police Department responds. "False alarm" shall not
include activation of an alarm system due to external causes beyond
the control of the user or subscriber of the alarm system.
means the category in which an alarm system is placed as
a result of specified violations of this chapter pursuant to which
the police department will not respond to alarm activations, other
than panic alarm activations.
means written notice, served personally, mailed, postage
prepaid, addressed to the person to be notified at his last known
address, or transmitted by electronic mail to the email address of
a person who has consented to receive notice at such email address
in conjunction with an alarm permit application or otherwise. Service
of such notice shall be deemed effected upon completion of personal
service, upon deposit of such notice in the United States mail, or
upon transmittal of such notice by electronic mail.
means an audible or silent alarm system signal generated
by the manual activation of a device to signal a life threatening
or emergency situation requiring law enforcement response such as
a robbery or home invasion robbery.
means any person who shall be granted a permit, as provided
in this chapter, and his or its agents and representatives.
means any individual, partnership, corporation, limited liability
company, or other entity.
means a business or residence in which an alarm system is
installed or attached.
means a premises used as a dwelling unit, including, without
limitation, a single-family dwelling, apartment, condominium, or lodginghouse.
is the felonious taking of personal property in the possession
of another, from his person or immediate presence, and against his
will, accomplished by means of force or fear.
means the American National Standard Institute (ANSI) approved
Security Industry Association (SIA) CP-01 Control Panel Standard as
may be updated from time to time, that details recommended design
features for security systems control panels and their associated
arming and disarming devices to reduce false alarms.
means the minimum standards of performance for alarm systems
installed within the City, as set forth in this chapter. All devices
to be installed under permit issued pursuant to this chapter shall
conform to such performance standards and regulations. The Chief of
Police may require inspection and approval of all alarm systems installed
within the City.
means any person who purchases, leases, contracts for or
otherwise obtains an alarm system or for the servicing or maintenance
of an alarm system from an alarm business.
means any person who obtains, possesses, leases or has installed
an alarm system on any premises, whether business or residence.
means an attempt by the alarm company to determine whether
a burglary alarm signal is valid before requesting law enforcement
dispatch by: (1) having an alarm company representative personally
verify that the alarm is valid; (2) contacting the alarm site and/or
alarm user by telephone, whether or not actual contact with a person
is made; or (3) verifying by electronic means. Telephone verification
shall require at a minimum that a second call be made to a different
number, if the first attempt fails to reach an alarm user who can
properly identify themselves, to attempt to determine whether an alarm
signal is valid before requesting law enforcement dispatch. Electronic
verification shall require verification of a crime by video and/or
audible means.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
Prior
to making an alarm system operable, the alarm company shall provide
instructions explaining the proper operation of the alarm system to
the alarm user and written information of how to obtain service from
the alarm company for the alarm system.
B.
Prior
to contacting the Garden Grove Police Department and requesting that
the police respond to an alarm system activation, an alarm company
shall attempt to verify that the burglary alarm signal is not a false
alarm.
C.
An alarm
company requesting that the police respond to an alarm system activation
shall provide the Garden Grove Police Department with available information
about the location and nature of the alarm.
D.
An alarm
company shall immediately contact the Garden Grove Police Department
to cancel a police response following a determination that response
is unnecessary.
E.
An alarm
company shall provide a list of new and cancelled alarm sites in the
format required by the City every 30 days or upon request by the City.
(2908 § 2, 2019)
It is unlawful for any person, to own, manage, conduct or carry
on an alarm business that services, installs, monitors or responds
to alarm systems at the protected premises within the City without
first obtaining a City of Garden Grove business license and providing
the following information at the time of submitting a business license
application:
A.
Name
of business, and if a corporation, limited liability company or limited
partnership, its name, date and place of incorporation or registration
with the California Secretary of State and address of its principal
place of business, together with the name and business telephone number
of the owner or manager and a 24-hour emergency contact number; and
B.
The
alarm company operator number and an alarm company qualified manager's
(ACQM) phone number.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
Any person acting as or performing the duties of an alarm agent
within the City shall carry on his or her person at all times while
so engaged a valid registration card issued to him or her by the State
Director of Consumer Affairs pursuant to the provisions of Section
7514(g) of the California Business and Professions Code, or any successor
statute, and shall display such card to any officer or agent of the
City upon request.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
No person
shall operate or cause to be operated an alarm system on any premises
for more than 10 days after the date of installation without first
applying for, and thereafter obtaining and maintaining, an alarm permit
therefor in accordance with the provisions of this chapter.
B.
No alarm
permit issued under the provisions of this chapter shall be assignable
or transferable.
C.
Alarm
permits issued under the provisions of this chapter are issued as
follows:
1.
For
businesses, for one calendar year from January 1 to December 31, or
from the date after January 1 that the application is submitted and
approved to December 31 of the same year.
2.
For
residences, for three calendar years from January 1 of the first year
to December 31 of the third year, or from the date after January 1
of the first year that the application is submitted and approved to
December 31 of the third year.
The alarm permit application fee will not be prorated based
on the date of application.
D.
A separate
alarm permit shall be required for each separate premises or address
at which an alarm system is used or installed.
E.
A new
alarm permit shall be required for a business whenever there is a
change in the business's name, ownership, or location.
F.
For an alarm system installed at a residence, a new alarm permit shall be required whenever the name or identity of the alarm user or subscriber changes, including, but not limited to, where there is a change in ownership of the residence. When there is any change in occupants of a residence with an alarm system who are listed as emergency contacts on the permit application, the holder of the alarm permit shall update the information submitted to the City on his or her application as required under Section 8.60.060.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
Applications
for permits required under this chapter shall be filed, together with
payment of the alarm permit application fee established by resolution
of the City Council, on forms furnished by the Police Department.
The application shall include, at a minimum, the following information:
1.
The
address of the premises where the alarm system is to be located;
2.
The
name, physical address, mailing address and telephone number of the
alarm permit applicant;
3.
The
name and telephone number of a second person who may be contacted
in case of an emergency;
4.
The
name and telephone number of the person or alarm business who will
render service or repairs to the alarm system during any hour of the
day or night; and
5.
The
name, address, and telephone number of the alarm company.
B.
It shall
be the responsibility of the permittee to apply for renewal of the
permit and pay the alarm permit application fee at least 10 days prior
to the expiration of any existing permit.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
Whenever any change occurs relating to any information as required
on the permit application form, the applicant or permittee shall give
written or electronic notice thereof to the Chief of Police or designee
within a reasonable time not to exceed 20 days after such change.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
All alarm systems and appurtenant equipment installed on any
premises after September 26, 2019 shall meet or exceed SIA Control
Panel Standard CP-01 or its equivalent. The City reserves the right
to inspect all alarm systems subject to all applicable laws, including
Code of Civil Procedure Section 1822.50 et seq.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
Repairs.
When any false alarm caused by a malfunction of an alarm system has
occurred, the permittee shall cause the alarm system to be repaired
to eliminate the malfunction. The alarm system shall be put on "test"
status until the required service or repairs have been completed.
B.
Power
Supply. Alarm systems shall be supplied with an uninterruptible power
supply in such 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 hours of operation.
C.
Direct
Dial Telephone Devices. No person shall install, operate or maintain
any alarm system that directly dials any telephone number of the Police
Department, other than a number expressly designated for that purpose.
D.
Panic
Alarm. No person shall activate a manual panic alarm unless the person
who activates the alarm has a good faith belief, at the time the person
activated the alarm, that a crime, attempted crime, or other emergency
at the protected premises or protected property that requires law
enforcement response is occurring, is about to occur, or has just
occurred.
E.
Knowledge
of Alarm System. An alarm user shall be knowledgeable of how to use
his or her alarm system and be able to communicate with the alarm
company upon activation in an effort to cancel false alarms and without
delay schedule necessary follow-up service for their alarm system.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
Audible residential alarms shall be equipped with an automatic
shut-off mechanism capable of terminating the audible annunciator
after activation within a maximum of 15 minutes. Audible business
or commercial alarm systems shall be equipped with an automatic shut-off
mechanism capable of terminating the audible annunciator after activation
within a maximum of 30 minutes.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
The provisions of this chapter are not applicable to:
A.
Alarm
systems installed on property owned, leased, or controlled by municipal,
county, state, or federal government agencies or special districts,
provided the property is being used for governmental purposes and
is not leased or licensed to a third-party for non-governmental use;
or
B.
Audible
alarm systems affixed to motor vehicles.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
It is unlawful to install or use an alarm system which, when
activated, emits a sound similar to sirens for emergency vehicles
or those used for civil defense purposes.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
In addition
to any other remedies available to the City for violation of any provisions
of this chapter, following reasonable notice to the alarm user, the
Chief of Police is authorized to place any silent or audible alarm
system on non-response status if he or she determines that:
1.
The
alarm system has activated seven or more burglary false alarms within
any consecutive 365-day period;
2.
Immediately
following an alarm activation, the alarm user or designated representative
has failed to respond in person to the subject premises within one
hour of a request for access to the protected premises, upon request
to do so by a police officer or a public safety dispatcher who deems
a response is necessary to insure the security of the premises or
person(s) where the alarm system is installed; or
3.
The
alarm user has failed to pay any false alarm prevention fee or administrative
citation imposed or issued to such user for any violation of this
chapter within the required time.
B.
The
Chief of Police shall not place an alarm system on non-response status
solely on the basis that an alarm permit has not been obtained.
C.
Should
the Chief of Police place the alarm system on non-response status
pursuant to this section, notice shall be given by certified mail,
postage prepaid, to the permittee and/or alarm user specifying that
the Police Department intends to place the location on non-response
status and will no longer respond to alarm calls at that location,
other than panic alarms, until the permittee has taken steps to eliminate
or correct the problem(s), has documented the corrective action in
writing to the Chief of Police, and has paid all outstanding assessed
fees and/or fines.
D.
Upon
request of the alarm user or subscriber, the Chief of Police shall
remove the alarm system location from non-response status if the Chief
of Police determines, in his or her reasonable discretion, that: (1)
the alarm user has taken reasonable necessary corrective action to
remedy or prevent the issues that resulted in placement of the alarm
system on non-response status, including, but not limited to, correction
of any mechanical problems or defects with the alarm system, replacement
of the alarm system with a new alarm system, and/or attendance of
one or more false alarm prevention classes, and (2) all outstanding
assessed fees and fines have been paid.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
The City is under no obligation or duty to any permittee or
any other person by reason of any provision of this chapter, or the
exercise of any privilege of any permittee hereunder, including any
delay in transmitting an alarm message to any emergency unit or damage
caused by delay in responding, or not responding, to any alarm by
any City officer, employee or agent. Issuance of an alarm permit by
the City is not intended to, nor will it, create a contract, duty
or obligation, either express or implied, of police response. Any
liability and consequential damage resulting from the failure to respond
to an alarm is hereby disclaimed and governmental immunity as provided
by law is retained.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
Disconnection
of Alarm System. When emergency messages, signals or notices are received
by the Police Department, which evidence a failure to comply with
the requirements of this chapter, or a permit issued hereunder, the
Chief of Police is authorized to direct that the user or subscriber
of the alarm system initiating such alarms, messages, signals, or
notices to disconnect the alarm system until it is made to comply
with such requirements. Failure by any person to disconnect an alarm
system when directed to do so by the Chief of Police shall constitute
a violation of this Section and shall subject such person to criminal
and/or administrative citations pursuant to the provisions of this
Code.
B.
Fees
and Penalties for False and Non-Permitted Alarms.
1.
The
user or subscriber of any alarm system which has caused any signal,
message, or alarm to be transmitted to the Police Department, either
by telephone or other communication, or by communication from an alarm
agent, or an alarm business, or by a person responding to an alarm,
and which is determined by the Chief of Police, in his or her reasonable
discretion, to be a false alarm, shall be in violation of this Section
and shall pay a false alarm prevention fee in an amount established
by resolution of the City Council to offset the cost of personnel,
equipment, supplies, and administrative costs incurred by the City
in responding to the false alarm and administering this chapter. The
user or subscriber of a burglary alarm system for which there exists
a current and valid alarm permit shall only be subject to a false
alarm prevention fee for a false alarm if such alarm system has generated
two or more false alarms within the prior consecutive 365-day period.
The user or subscriber of an alarm system for which a current and
valid alarm permit has not been obtained and maintained shall be subject
to a false alarm prevention fee upon the occurrence of each false
alarm.
2.
In addition to the payment of applicable false alarm prevention fees, an alarm user or subscriber shall be subject to issuance of an administrative citation pursuant to Chapter 1.22 of this Code: (a) for each false alarm in excess of seven false alarms within consecutive 365-day period; or (b) for each activation of an alarm system, whether false or valid, for which a current and valid permit has not been obtained and maintained.
(1834 § 1, 1983; 2610 § 1, 2003; 2802 § 1, 2011; 2908 § 2,
2019)
The Chief of Police will oversee creation and implementation
of an alarm user awareness class to educate alarm users about the
problems and expense created by excessive false alarms and provide
instruction in the proper use and maintenance of alarm systems, protocol
for false alarms, and advice on how to reduce false alarms. Such an
alarm user awareness class may be offered in person or online, as
determined by the Chief of Police in his or her discretion.
A.
An alarm
user may attend any established alarm user awareness class designated
by the Chief of Police.
B.
Each
alarm user who attends an alarm user awareness class shall be responsible
for paying all provider fees associated with the program.
C.
An alarm user who successfully completes an alarm user awareness class shall receive a certificate. The certificate may be used in lieu of one payment for one false alarm prevention fee due as a result of a violation of Section 8.60.140, provided that the certificate is submitted within one year of its issuance. No more than one alarm user per premises or property may use a certificate in lieu of payment of a false alarm prevention fee within a one-year period.
D.
An alarm
user who receives a certificate for successfully completing an alarm
user awareness class provided pursuant to this section is not eligible
to receive another such certificate for a period of one year.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
In addition
to any other remedies available to the City for violation of any provisions
of this chapter, following reasonable notice to the alarm user, the
Chief of Police is authorized to revoke a previously issued alarm
permit if he or she determines that:
1.
The
alarm user, or his or her employee(s) or agent(s), has knowingly made
any false, misleading, or fraudulent statement of a material fact
to the Police Department in the permit application or renewal process;
2.
Any of the circumstances justifying placement of the alarm system on non-response status pursuant to Section 8.60.120 exist;
3.
The
alarm user has failed to pay any fees or administrative fines imposed
on such user for any violation of this chapter within the required
time; or
4.
The
alarm user is otherwise in violation of any of the provisions of this
chapter.
B.
When an alarm permit is proposed to be revoked, the Chief of Police shall give the permittee at least 15 days' written notice of his or her intention to do so, and the basis for the proposed revocation. A copy of said written notice shall also be provided to the alarm company at the address provided on the permit application filed pursuant to Section 8.60.050. Upon failure of the user and/or permittee, within 15 days of the date of the written notice, to: (1) to provide written proof satisfactory to the Chief of Police that the issues or violations serving as the bases for the proposed revocation have been corrected; or (2) to file an appeal to the City Manager pursuant to Section 8.60.155, the permit shall be revoked at the expiration of such fifteen-day period, and the alarm shall not be used until a new permit has been issued pursuant to Section 8.60.190.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
If any
user or permittee is aggrieved by any action of the Chief of Police
pursuant to the provisions of this chapter, such person may appeal
to the City Manager, or designee, by filing with the City Clerk, a
notice of appeal fully setting forth the facts and circumstances regarding
the action or determination of the Chief of Police which is the subject
of the appeal.
B.
This
notice of appeal shall be filed not later than 15 days after service
of a notice of the decision which is to be appealed. Where an appeal
has been timely filed with the City Clerk, an order of revocation
or any other decision of the Chief of Police pursuant to this chapter
shall be stayed pending a determination of the appeal by the City
Manager or designee. The permittee shall be allowed to continue to
use the alarm system until the appeal process has been exhausted.
The order of revocation shall be effective from its initial date of
issuance if the City Manager or designee upholds the revocation decision.
C.
The
City Manager or designee shall set a time and place to conduct the
appeal hearing and provide notice of such to the appellant at least
10 days prior to the hearing. The hearing need not be conducted according
to technical judicial rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely upon. A copy of
the document or instrument providing notice of violation or of the
action or determination of the Chief of Police which is the subject
of the appeal shall be admitted into evidence as prima facie evidence
of the facts stated therein. The decision of the City Manager or designee
shall be final.
D.
Failure
to timely file a notice of appeal with the City Clerk within 15 days
of the Chief of Police's decision shall constitute a waiver of the
appellant's rights to an appeal hearing. If no appeal is filed, the
revocation, or other decision of the Chief of Police pursuant to this
chapter shall become final and effective.
E.
All
alarm permit application fees paid by permittee shall be forfeited
in the event of revocation.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
Except as otherwise required by law, information furnished and
secured pursuant to this chapter shall be confidential in character
and shall not be subject to public inspection, and shall be kept so
that the contents thereof shall not be known except to persons charged
with the administration of this chapter.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
The Chief of Police and designee are authorized to enter upon
any property in the city upon which an alarm system has been installed
for the purpose of inspection. If permission to enter upon any such
property for purposes of inspection is refused, the Chief of Police
or designee shall apply to a judge for a warrant authorizing entry
upon such property to perform any such inspection.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
The Chief of Police is directed to administer the provisions
of this chapter. The Chief of Police shall have the power and authority
to promulgate rules, regulations, and requirements consistent with
the provisions of this chapter and may designate an employee or employees
of his or her department to make decisions, investigate, or take any
other action permitted or required under this chapter.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
In addition to any administrative, civil, or other fees, fines and/or penalties provided under this Code and/or state law, the operation and activation of any alarm system subsequent to notification of the provisions of this chapter, and failure to obtain and maintain the permit therefor as required by this chapter, shall constitute a misdemeanor pursuant to Section 1.04.010 of this Code.
B.
In addition to any administrative, civil, or other fees, fines and/or penalties provided under this Code and/or state law, the operation and activation of any alarm system subsequent to the revocation of an alarm system permit previously issued for such system shall constitute a misdemeanor pursuant to Section 1.04.010 of this Code.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
A.
If any
section, subsection, sentence, clause, phrase or portion of this chapter
is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this chapter. The City Council
declares that it would have adopted this chapter and each section,
subsection, sentence, clause, phrase or portions thereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions might be declared invalid or unconstitutional.
B.
Neither
adoption of the ordinance codified in this chapter nor the repeal
hereby of any ordinance shall in any manner affect the prosecution
for violation of ordinances, where such violations were committed
prior to the effective date of the ordinance codified in this chapter;
nor be construed as affecting any of the provisions of such ordinance
relating to the collection of any such license or penalty or the penal
provisions applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof, required to
be posted, filed or deposited pursuant to any ordinance, and all rights
and obligations thereunder appertaining shall continue in full force
and effect.
C.
The
provisions of this chapter, insofar as they are substantially the
same as existing provisions of this Code relating to the same subject
matter, shall be construed as restatements and configurations and
not as new enactments.
(1834 § 1, 1983; 2802 § 1, 2011; 2908 § 2, 2019)
After revocation of an alarm permit, or in the case of an alarm
system for which a permit has not been obtained that has been placed
on non-response status, no new alarm permit shall be issued for the
premises until the following requirements are satisfied:
A.
Written
proof of correction is provided to the Chief of Police;
B.
All
false alarm fees and/or administrative citations imposed or issued
to such user for any violation of this chapter have been satisfied;
C.
The
alarm system is determined, in the sole discretion of the Chief of
Police, to be in an acceptable working order; and
D.
A new
alarm permit application and the alarm permit application fee are
submitted to the City.
(2908 § 2, 2019)
