This chapter shall be known as the "Placentia Alarm System
Ordinance."
(Ord. O-2009-14 § 3, 2009)
The purpose of this chapter is to establish regulations governing
burglary, robbery, fire, and medical assistance alarm systems within
the city; to reduce false alarms; to require registration of alarm
systems; and to provide for the establishment of fees pertaining thereto.
(Ord. O-2009-14 § 3, 2009)
For purposes of this chapter, the following definitions shall
be ascribed to the terms set forth herein unless the context clearly
indicates or requires a different meaning.
means any person, firm, partnership or corporation registered
as an alarm agent with the Bureau of Collection and Investigative
Services, or successor thereto, pursuant to the provisions of California
Business and Professions Code Section 7590, et seq., as the same may
be amended from time to time or any successor provision or provisions
thereto, and doing business as such within the corporate limits of
the city of Placentia.
means any person, firm, partnership or corporation licensed
as an alarm company operator by the Bureau of Collection and Investigative
Services, or successor thereto pursuant to the provisions of California
Business and Professions Code Section 7590, et seq., as the same may
be amended from time to time or any successor provision or provisions
thereto, and doing business as such within the corporate limits of
the city of Placentia.
with regard to burglary or robbery alarm systems, means the
chief of police of the city of Placentia; with regard to fire or medical
assistance alarms, means the fire chief of the city of Placentia,
or designee.
means the officer or employee of the city, or designee or
contractor thereof, designated by the city administrator as having
direct authority and responsibility for administration of the provisions
of this chapter, excepting only those functions specifically designated
to be performed by the alarm officer.
means any person, firm, partnership or corporation who or
which purchases, leases, rents, contracts for, or otherwise obtains
an alarm system or contracts for the servicing or maintenance of an
alarm system.
means any mechanical, electronic or electrical device which
is designed or used for the detection of burglary, robbery, fire,
or need for medical assistance within a building, structure, or facility,
or for alerting others to a hazard or to the commission of an unlawful
act within a building, structure or facility, which emits a sound
or transmits a signal or message when actuated, and which is designed
to elicit a response from the police department or fire department.
include, but are not limited to, automatic dialing devices,
direct-dial telephone devices, audible alarms, and proprietor alarms.
Devices which are not designed or used to register alarms that are
audible, visible or perceptible outside the protected building, structure
or facility are not included within this definition.
include all equipment necessary or convenient for and designed
and installed for the detection of burglary, robbery, fire, need for
medical assistance, or other hazard in a single building structure,
or facility, or for alerting others to the commission of an unlawful
act within a building, structure, or facility.
means any device designed for the detection of unauthorized
entry on certain premises that generates an audible sound on such
premises when it is actuated.
means any alarm system that automatically sends over telephone
lines, direct or wireless connection or any other mechanism, a prerecorded
voice message or form of signal indicating the existence of an emergency
situation that the alarm system is designed to detect.
means any condition which results in, or which could result
in, the response of police or fire personnel or any condition which
jeopardizes or could jeopardize public safety.
means an alarm signal activated from any alarm system that
is responded to by personnel of the police department or fire department
and for which no emergency situation exists or existed as determined
by the responding personnel. False alarm shall not include an alarm
for which personnel of the police department or fire department do
not actually arrive at the alarm location, or any alarm caused by
earthquakes, severe storms or other extraordinary circumstances determined
by the alarm officer to be clearly beyond the control of the alarm
subscriber.
means the status of police service where the police department
will not respond to a specified alarm system.
means an alarm system that is not serviced by an alarm agent
or alarm company operator.
(Ord. O-2009-14 § 3, 2009)
(a)
Permit Required. No alarm subscriber or person utilizing a proprietor alarm system shall install, replace, maintain, or operate an alarm system within the city, except government and public school buildings, without first applying for and receiving an alarm system permit in accordance with the provisions of this chapter. Following 10 days' prior written notification, any alarm system which has been installed, replaced, maintained, or operated without a valid permit may be placed on nonresponse status by the alarm officer according to the procedures set forth in Section 10.38.110 of this chapter until a permit has been issued or renewed. Permits for the installation, replacement, operation and maintenance of automatic dialing devices are subject to the provisions of Section 10.38.130 hereof.
(b)
Applications. Applications for an alarm system permit shall be filed
with the alarm permit coordinator on forms provided by the alarm permit
coordinator. The application shall be signed and verified by the alarm
subscriber and shall contain such information as the alarm permit
coordinator deems necessary to complete review and issue a permit.
If the alarm permit coordinator finds the application is complete
and the information is true and correct, and the applicant is otherwise
in compliance with all provisions of this code, a permit shall be
issued. Permits for alarm systems shall not be transferable. Applications
for alarm system permits and the information contained thereon shall
be confidential and the alarm officer and alarm permit coordinator
shall not release such application or the information contained thereon
to any person except as may be necessary in the administration and
enforcement of the provisions of this chapter, or otherwise as provided
by law.
(c)
Fees. An alarm subscriber applying for or renewing an alarm system
permit shall pay the fee established therefor by resolution of the
city council.
(d)
Alarm System Contact Information. The alarm subscriber shall provide
on the application for permit the names, addresses, and phone numbers
of at least three persons to notify in the event of an alarm activation.
If the alarm subscriber has entered into a service contract with an
alarm company operator, or any other service company, which provides
responses on a 24 hour basis, the emergency telephone numbers of the
alarm company operator shall be deemed to satisfy this requirement.
The name, address and 24 hour telephone number of the alarm subscriber's
alarm company operator shall be provided. The permittee shall advise
the alarm system coordinator of any change in contact information
within five business days of any such change.
(e)
Permit Term. Each permit issued pursuant to this chapter shall be
valid from the date of issuance through the final business day of
the month coinciding with 24 months after the date of initial issuance.
Notwithstanding the foregoing, the alarm permit coordinator is hereby
authorized to establish a system to allow for permits to expire on
such basis as to allow for approximately one-twelfth of such permits
to expire each month subsequent to the initial issuance thereof.
(f)
Display of Permit. The permit shall be kept on the premises and posted
where the alarm system is located, or elsewhere as required by regulations
promulgated by the alarm permit coordinator.
(g)
Rules and Regulations. The alarm permit coordinator may promulgate
additional rules and regulations implementing the provisions of this
chapter. Such rules and regulations may include, but are not limited
to, establishing criteria for the waiver of fees consistent with the
intent and purpose of this chapter.
(Ord. O-2009-14 § 3, 2009)
Upon notification by the alarm officer that an alarm system
is activated, the alarm subscriber, or the representative or alarm
agent of the alarm subscriber, shall immediately proceed to the location
and silence the alarm. The silencing shall be completed within 30
minutes after notification when the alarm system is protecting a residential
structure or within 45 minutes when the alarm system is protecting
a commercial or industrial structure. Alternately, the alarm system
may be equipped with an automatic shut-off device which shall silence
the alarm within 15 minutes after activation when the alarm system
is protecting a residential structure or within 30 minutes of activation
when the alarm system is protecting a commercial or industrial structure,
eliminating the need for responses otherwise required by this section.
The failure of an alarm subscriber to comply with the response and
alarm silencing time limits set forth herein shall be chargeable as
a false alarm.
(Ord. O-2009-14 § 3, 2009)
All alarm company operators providing services within the city
shall obtain a city business license, and all such operators and alarm
agents shall register their name and file a copy of their state identification
card, license, or permit with the alarm permit coordinator. Each alarm
agent while engaged in the duties of an alarm agent shall carry on
such agent's person at all times the state identification card,
license, or permit and shall display the same to the alarm officer
upon request. No alarm system may be installed by anyone other than
the owner of the alarm or alarm company operator.
(Ord. O-2009-14 § 3, 2009)
Whenever any change occurs with regard to any application or
other information required by this chapter, the person required to
provide such information shall give written notice thereof to the
alarm permit coordinator within five business days of such change.
(Ord. O-2009-14 § 3, 2009)
All alarm systems shall conform with the provisions of Chapter 20.16 of the Placentia Municipal Code (California Electrical Code), if applicable, as the same currently exists or as may be amended from time to time hereafter. No alarm system, not including automatic dialing device alarms, shall be operated unless the alarm subscriber has entered into a service contract with an alarm company operator providing service 24 hours per day. Every alarm system shall be equipped so that it shall not activate in the event of a power outage unless there exists an emergency situation which the alarm was designed to detect.
(Ord. O-2009-14 § 3, 2009)
(a)
Maintenance. Each alarm subscriber shall maintain each alarm system
in good working order, and provide the necessary service to prevent
malfunctions.
(b)
Inspections. The alarm officer may, prior to placing an alarm on
nonresponse status and/or as a condition of reissuance of an alarm
permit, require an alarm subscriber to have a nuisance alarm system
under the subscriber's control inspected at the subscriber's
expense, by the company providing the alarm subscriber's alarm
services, or other person qualified to inspect and service such equipment.
Inspections shall be thorough enough to detect any likely malfunctions
and shall include testing of the equipment. Particular attention shall
be paid to the conditions that have the potential of causing false
alarms. The person making the inspection shall provide a written report
to the alarm subscriber and the alarm officer, detailing measures
taken to eliminate the likelihood of further false alarms caused by
the alarm system. The report shall be kept on the premises for two
years, and shall be subject to inspection by the alarm officer upon
request.
(Ord. O-2009-14 § 3, 2009)
Each alarm subscriber shall reimburse the city for the cost
of the police or fire department personnel and equipment response
to false alarms in such amount as may be established by resolution
of the city council.
(Ord. O-2009-14 § 3, 2009)
(a)
No alarm subscriber shall operate an alarm system which has not been
permitted hereunder, or which generates more than three false alarms
in a 90 day period, or four false alarms in a 180 day period, or five
or more false alarms in any 12 month period.
(b)
Any alarm system operated or maintained in violation of this section
shall be deemed a public nuisance.
(c)
In addition to any other remedy available to the city, including
the collection of any false alarm charge fee required or permitted
by this chapter, the alarm officer may, in such officer's discretion,
place an alarm system operated or maintained in violation of this
section on nonresponse status according to the procedures delineated
in this section. Furthermore, the alarm officer may, consistent with
the procedures set forth herein, place an alarm system on nonresponse
status when accrued false alarm charges have been unpaid for over
30 days.
(d)
Notice. The alarm officer shall provide the alarm subscriber 10 days
written notice of non-response status. The nonresponse status shall
not become effective unless the notice period has lapsed and no request
for review has timely been made.
(e)
Review. The alarm subscriber may request the alarm officer to review
and reconsider the decision to place an alarm system on nonresponse
status. In the event a request for review is filed during the 10 day
notice period, nonresponse status shall not become effective until
the fifth day following the provision of notice of an adverse decision
by the alarm officer. The request for review shall contain all pertinent
information and evidence the alarm subscriber deems appropriate for
the alarm officer's consideration.
(f)
Compliance. An alarm system shall remain on nonresponse status until
such time as the alarm subscriber provides a written report, and such
other evidence as the alarm officer deems adequate, describing the
causes of the false alarms which resulted in the alarm system being
placed on nonresponse status and the action taken to terminate or
remedy such causes. Nonresponse status shall not terminate until the
alarm officer finds that repair(s) and/or corrective action(s) adequate
to remedy the causes for the false alarms have been effected and the
alarm subscriber has paid all required fees. The alarm officer may
impose conditions upon reactivation of active status. Active status
may also be restored, with or without conditions that may include
payment of a deposit, upon payment of all delinquent alarm charges.
(g)
Revocation of Alarm Permit. In any case where the alarm officer finds, based on substantial evidence, that an alarm subscriber who has been placed on nonresponse status within the previous 12 months has not taken steps sufficient to remedy continued false alarms, or has repeatedly failed to pay delinquent false alarm charges, or has deliberately activated a false alarm, the alarm permit may be revoked for up to 12 months, in addition to being placed on nonresponse status, following the provision of notice and review, if requested, pursuant to the procedures set forth in subsections d and e of this section. Following the period of revocation, an alarm subscriber may reapply for an alarm system permit in accordance with the provisions of this chapter.
(Ord. O-2009-14 § 3, 2009)
(a)
Automobile Alarms. The provisions of this chapter shall not apply
to audible alarms affixed to automobiles.
(b)
Alarm Officer. The provisions of this chapter shall not apply to
any alarm system installed or maintained by the alarm officer, or
any alarm that is otherwise exempted by law from the provisions of
this chapter.
(c)
Telephone Systems. The provisions of this chapter shall not apply
to any auxiliary device installed by a telephone company to protect
telephone company systems that might be damaged or disrupted by the
use of an alarm system.
(Ord. O-2009-14 § 3, 2009)
(a)
Required. No person shall use or operate an automatic dialing device
without having an alarm system permit.
(b)
Application for Permit and Permit Conditions.
(1)
Applications for permits pursuant to this section shall be made on
such forms as may be prescribed by the alarm permit coordinator and
shall be signed by the alarm subscriber and the person who provides
or installs such device.
(2)
The device must be programmed to initiate and deliver the recorded
message or signal only to such city telephone number or numbers as
may be assigned by the alarm permit coordinator.
(3)
The alarm subscriber must notify the alarm permit coordinator if
the use of such device is discontinued.
(c)
Application and Inspection Fees. Each application shall be accompanied
by an alarm system application fee as established by resolution of
the city council. If, in the opinion of the alarm permit coordinator,
an inspection of the premises where such device is to be located is
necessary or desirable, an inspection fee shall be paid. Prior to
issuing any such permit, the alarm permit coordinator may require
an applicant to present for examination and inspection the device
which the applicant proposes to install and such other information
relating to such device as may be necessary to establish its adequacy
and suitability for the purpose intended.
(d)
Information Required. Any permit issued by the alarm permit coordinator
pursuant to the provisions of this section shall specify the city
telephone number or numbers to which any such device may be programmed.
It is unlawful for the persons to whom such a permit is issued to
utilize any city telephone number other than the number or numbers
specified in such permit.
(e)
Revocation of Permit. Any permit issued pursuant to the provisions
of this section may be revoked by the alarm permit coordinator at
any time for any of the following reasons:
(f)
Except as otherwise provided in this section, all provisions of this
chapter shall apply to automatic dialing devices.
(Ord. O-2009-14 § 3, 2009)
(a)
Audible Alarm Systems Similar to Sirens. It is unlawful to install
or maintain on the exterior or interior of any building, any alarm
system or device which, upon actuation, emits a sound similar to sirens
utilized on emergency vehicles or vehicles used for civil defense
purposes.
(b)
Miscellaneous. It is unlawful to install, use, maintain or deliberately
activate any alarm system designed to detect burglaries or robberies
for any purpose other than reporting such burglaries, robberies, or
other crimes involving risk of personal harm or property damage. Deliberately
activating an alarm for any purpose other than a condition that the
alarm is intended to detect, is a misdemeanor.
(Ord. O-2009-14 § 3, 2009)
Except as provided in Section 10.38.100, the violation of any provision of this chapter shall be punishable as a misdemeanor.
(Ord. O-2009-14 § 3, 2009)
No provision or provisions set forth in this chapter shall be
deemed to impose any liability on the part of the city or any of its
elected or appointed officials, officers, employees or agents as to
any alarm subscriber or to any other person, as a result of any defect
in an alarm system, failure of the city to receive an alarm, or failure
of the city to respond to any alarm regulated by this chapter, whether
false or not. The city council declares that it shall be entirely
within the discretion of each police officer or fire service official
receiving a report of an alarm activation, whether or not to respond
to such alarm, and that the city assumes no duty to respond to any
alarm as a result of the enactment of this chapter or the issuance
of any permit hereunder.
(Ord. O-2009-14 § 3, 2009)
Owners of alarm systems in existence as of the effective date
of the ordinance codified in this chapter, shall have 90 days to obtain
an alarm system permit in accordance with this chapter.
(Ord. O-2009-14 § 3, 2009)
