The purpose of this chapter is to set forth regulations governing the use of burglary and robbery alarms; to require permits therefor and to establish fees and provide a 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 a substantial number of alarm systems either mechanically malfunction or are not operated systems by their users resulting in substantial waste of peace officer time, thereby causing an increase in false alarm reports, and thereby creating a hazard to the safety of peace officers and the public in general.
(Ord. 524, 1990; Ord. 543 § 2, 1991)
For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended.
"Alarm agent"
means any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, (excluding public safety officers) or causing others to respond to an alarm system in or on any building, structure or facility.
"Alarm business"
means 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 or premises. (This section shall exclude the Los Alamitos police department.)
"Alarm system"
means any mechanical or electrical device which is designed or used for the detection of fire, intrusion into a building, structure or facilities, or for alerting others of an event within a facility, or both, which events cause a local audible sound or transmission of a signal message. Alarm systems include but are not limited to direct dial devices, audible alarms and proprietor alarms. Not included within this definition are devices which are not designed or used to evoke a police response, or to register alarms that are intended to be audible, visible or perceptible outside of the protected building, structure or facility, or auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system.
"Applicant"
means a person, firm or corporation who files an application for a permit as provided in this chapter.
"Audible alarm"
means a device designed for the detection of an intrusion on premises which generates an audible sound on the premises when it is activated.
"Automatic dialing device"
means any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm is designed to detect.
"City"
means the city of Los Alamitos.
"Day"
means a calendar day.
"False alarm"
means the activation of an alarm system caused by mechanical failure, accident, misoperation, malfunction, misuse or the negligence of either the owner or lessee of the alarm system or their employees or agents prompting response by the police department or other emergency service, where an emergency situation for which the alarm system was designed or used does not exist.
"Nonemergency response status"
means that category in which an alarm system is placed as a result of permit suspension or revocation, thereby relieving the police department of the duty to respond.
"Notice"
means written notice, served personally or mailed, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be deemed effected upon completion of personal service or upon deposit of such notice in the United States mail.
"Permittee"
means any person, firm, partnership, association or corporation who or which shall be granted a permit, as approved herein, and his or its agents and representatives.
"Person"
means a person, firm, corporation, association, partnership, individual, organization or company.
"Proprietary system"
means an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the subscriber of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to the police department, a central station or answering service, it thereby becomes an "alarm system" as defined in this chapter.
"Robbery"
is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accompanied by means of force or fear.
(Ord. 524, 1990; Ord. 543 § 2, 1991)
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 issued to him or her by the State Director of Consumer Affairs pursuant to the provisions of Section 7515 of the California Business and Professions Code, and shall display such card to any officer or agent of the city upon request. Further, no person shall perform the duties of an alarm agent unless he or she has provided a copy of his Consumer Affairs registration card to the chief of police.
(Ord. 524, 1990; Ord. 585 § 4, 1994)
No person who is not licensed by the California Department of Consumer Affairs shall be issued a permit to operate an alarm business in the city. No person shall operate or conduct an alarm business in the city without first obtaining a permit issued by the city.
(Ord. 524, 1990)
Application for an alarm business permit shall be filed with the city business licensing clerk on forms provided by the city. The application shall be signed and verified by the owner or manager of the alarm company for which the permit is requested and the application shall contain such information as required by the city in order to ensure that the permit is issued in accordance with the provisions of this chapter.
(Ord. 524, 1990)
Upon receiving from any person an application for an alarm business permit, the city shall cause an investigation by the police department to be made to determine if the person complies with the provisions of this chapter. If the person complies with this chapter, the chief of police will approve and cause a permit to be issued.
(Ord. 524, 1990)
No person shall install, or use an alarm system without first applying for and receiving an alarm permit issued by the city in accordance with the provisions of this chapter.
(Ord. 524, 1990)
Application for an alarm permit shall be filed with the business licensing clerk on forms provided by the city and the applicant shall, at the time of application, pay the fee established by resolution of the city council. The application shall be signed and verified by the owner or lessee of the alarm system for which the permit is requested and the application shall contain such information as may be required by the city in order to ensure that the permit is issued in accordance with the provisions of this chapter. Permits provided for in this chapter shall only be issued upon approval of the chief of police and shall be nontransferable.
(Ord. 524, 1990)
Upon receiving an application for any person for an alarm permit, the city shall cause an investigation to be made of the system to determine if the system complies with the requirements of this chapter. If the proposed system complies with this chapter, the chief of police will cause a permit to be issued. An alarm permittee may be allowed a direct connection to the Los Alamitos police department alarm system, provided facilities are available for direct connection. Each alarm permit holder whose system directly connects with the Los Alamitos police department shall pay to the city on or before January 1st of each year, a monitoring fee set forth by resolution of the city council.
(Ord. 524, 1990)
Each alarm permit holder shall apply for renewal of that permit on or before January 1st of each year on a renewal request form provided by the city, and shall pay to the city the renewal fee set forth by resolution of the city council.
(Ord. 524, 1990)
Whenever any change occurs relating to the written information required by the alarm business or alarm system permit application, the permittee shall give written notice of such change to the enforcing authority within 20 days.
(Ord. 524, 1990)
The provisions of this chapter are not applicable to audible alarms affixed to automobiles, boats, boat trailers or recreational vehicles. If a residential alarm user is over the age of 65 and is the primary resident of the residence and if no business is conducted in the residence, an alarm permit may be obtained without the fee. The resident shall abide by all other requirements of this chapter.
(Ord. 524, 1990)
The city is under no obligation or duty to the permittee or any other person by reason of any provision of this chapter, or the exercise of any privilege by any permittee hereunder including but not limited to any defects in a police or fire alarm system, any delay in transmission of an alarm message to any emergency unit or damage caused by delay in responding to any alarm by any city employee, officer or agent or by reason of the discontinuance or suspension of service.
(Ord. 524, 1990)
The chief of police shall adopt written standards and regulations governing the installation of alarm systems and related equipment. In addition to such standards, the following shall apply:
A. 
Audible Alarm Requirements.
1. 
Every audible alarm installed shall have a timing device which automatically shuts off the alarm within 15 minutes (residential) and 30 minutes (commercial) after it is activated.
2. 
Every audible alarm without such time device shall be required to have such a device installed within 90 days from the enactment of the ordinance codified in this chapter.
3. 
No person shall install or maintain any audible alarm or other alarm system annunciator affixed to the exterior of a building which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes.
B. 
Delay Device Requirements. All burglary alarm systems to which the police are expected to respond shall include a device which will provide a minimum of 30 second delay of the original transmission of alarm, and activate a signal immediately in such a manner as to be perceptible to a person entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate the alarm.
C. 
Power Supply. An alarm system 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 hours of operation.
D. 
Testing Alarm. The permittee shall notify the police department prior to any service, test, repair, maintenance, adjustment, alterations or installations which might activate a false alarm.
E. 
Alarm Systems — Automatic Dialing Devices. It is unlawful for any person except a public utility engaged in the business of providing communications services and facilities to use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or to install any alarm system that will upon activation, either mechanical, electronic or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any public telephone company subscriber without the prior written consent of such subscriber.
F. 
Notice of Change. Whenever any change occurs relating to the written information required by this chapter, the applicant or permittee shall give written notice thereof to the police department within 20 days after such change or at any hearing conducted under this chapter if such hearing is conducted before the notice has been given.
(Ord. 524, 1990)
The enforcing authority is directed to administer and enforce the provisions of this chapter. The enforcing authority shall be the Los Alamitos police department.
(Ord. 524, 1990)
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.
(Ord. 524, 1990)
A. 
When emergency alarms, 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 owner or lessee of the alarm system initiating such alarms, messages, signals or notices, or his representative, disconnect the alarm system until it is made to comply with such requirements.
B. 
The owner or lessee 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 audible alarm, and which is proved to be a false alarm, shall pay a false alarm prevention fee, established by resolution of the city council, for the following:
1. 
For false alarms in excess of three received in a 12 month period by the police department, the owner or lessee shall be assessed a fee for each such alarm.
2. 
For false alarms in excess of six received in a 12 month period by the police department, the owner or lessee shall be assigned an increased fee for each such alarm. In addition, proceedings will commence to revoke the alarm system permit.
3. 
Any deliberate activation of a false alarm indicating a violation of California Penal Code Section 211 (Robbery).
C. 
An alarm permit may be suspended or revoked in addition to the false alarm prevention fee, established by resolution of the city council, or in the event of failure to pay such false alarm prevention fee.
D. 
Exceptions. A 30 day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system, provided the user demonstrates to the chief of police that any false alarm was the result of conditions beyond his control and not the result of negligence on his part or that of his employees.
(Ord. 524, 1990)
Upon evidence that any section of this chapter has been violated, and when written notice thereof has been served upon the permittee, either by personal service or by certified mail, the chief of police may suspend an alarm permit for a period of ten days, during which time such alarm system shall not be used and shall be placed on nonemergency response status. Failure or refusal by permittee to correct any condition in violation of the sections of this chapter within the ten-day suspension period may result in revocation of the alarm system permit, as provided hereinafter.
(Ord. 524, 1990)
When an alarm permit is to be revoked, the chief of police shall give the permittee 15 days notice of his intention to do so by personal service or by certified mail, postage prepaid, addressed to permittee at the address set forth on the permit application. Upon failure of permittee to present satisfactory evidence to the chief of police that the system has been repaired, replaced or altered, or to pay the false alarm prevention fee within such 15 day period, or to file an appeal to the city manager, as provided in this chapter, the permit shall be revoked at the expiration of such 15 day period, and the alarm system shall be placed on nonemergency response status and shall not be used until a new permit has been issued.
(Ord. 524, 1990)
The chief of police reserves the right to discontinue response by police officers to any location of a silent or audible alarm when the permit has been suspended or revoked. Reinstatement may occur when 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 penalty assessments.
(Ord. 524, 1990)
If any permittee is aggrieved by any action of the chief of police pursuant to the provisions of this chapter, the applicant may appeal to the city manager by filing with the city clerk a notice of appeal, setting forth the facts and circumstances regarding the appeal. This notice of appeal shall be filed not later than 15 days after service of a notice of revocation as provided for in this chapter. The city manager or duly authorized representative shall, within 15 days from the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm permittee, the chief of police and any other interested parties, make findings and determine the merits of the appeal. The city manager may affirm, overrule or modify the decision of the chief of police and, the decision of the city manager shall be final.
(Ord. 524, 1990)
The fees prescribed in this chapter shall be in addition to any other lawful fees imposed by the city for doing or conducting business within the city.
(Ord. 524, 1990)
It is unlawful for any person, firm or corporation to install, use or maintain any alarm system contrary to or in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and is punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding $500 or by both.
(Ord. 524, 1990)