Note: Prior history: Ords. 722 and 850.
The purpose of this chapter is to set forth regulations governing
burglary, robbery and fire alarm systems, businesses and agents within
the city, require permits therefor, provide the authority to establish
fees, and provide penalties for violations of provisions of this chapter.
(Ord. 1048 § 1, 1983)
For the purpose of this chapter, certain words and phrases shall
be construed herein 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
officer) or causing others to respond to an alarm system in or on
any building, structure or facility.
"Alarm business"
means any business carried on by any person who engages in
the sale, lease, maintenance, service, repair, alteration, replacement
or installation of any alarm or alarm systems in or on any building,
structure or facility.
"Alarm system"
means any mechanical or electrical device which is designed
or used for the detection of fire, intrusion into a building, structure
or facility, or for alerting others of an event within a building,
structure or facility, which event causes a local audible alarm or
transmission of a signal or message. Alarm systems include, but are
not limited to, direct-dial tone devices, audible alarm and proprietor
alarms. Devices which are not designed or used to evoke a police or
fire response, or used to register alarms that are intended to be
audible, visible or perceptible outside of the protected building,
structure, or facility are not included within this definition, nor
are auxiliary devices installed by a telephone company to protect
its systems which might be damaged or disrupted by the use of an alarm
system.
"Appellant"
means a person who perfects an appeal pursuant to this chapter.
"Applicant"
means a person, firm or corporation who files an application
for permit as provided for in this chapter.
"Audible alarm"
means a device designed for the detection of a fire or of
an intrusion on premises which generates an audible sound on the premises
when it is actuated.
"City"
means the city of Laguna Beach.
"Day"
means a calendar day.
"False alarm"
means the activation of an alarm system through mechanical
failure, accident, misoperation, malfunction, misuse, or the negligence
of either the owner or lessee of the alarm system or any of their
employees or agents. False alarms shall not include alarms caused
by acts of God, the malfunction of telephone lines, circuits or other
causes which are beyond control of the owner or lessee of the alarm
system.
"No-response status"
means that category in which an alarm system is placed as
a result of permit suspension or revocation. Such status removes responsibility
to respond from the city police department.
"Notice"
means written notice, given by personal service upon the
addressee, or given by United States mail, postage prepaid, addressed
to the person to be notified at his last known address. Service of
such notice shall be effective upon the completion of personal service,
or upon deposit of such notice in the United States mail.
"Permittee"
means any person who shall be granted a permit as provided
in this chapter, and his agents and representatives.
"Person"
means natural person, firm, partnership, association, company
or corporation.
"Subscriber"
means any person who purchases, leases, contracts for, or
otherwise obtains an alarm system, or contracts for the servicing
or maintenance of an alarm system from an alarm business.
(Ord. 1048 § 1, 1983)
All audible alarm systems shall include a device which shall
limit the generation of the audible sound of the system to no longer
than fifteen minutes when the alarm system is protecting a residence,
and to no longer than thirty minutes when the alarm system is protecting
a commercial structure. Said alarm systems shall include an automatic
resetting device which shall cause the system to rearm upon automatic
shutoff.
(Ord. 1048 § 1, 1983)
It is unlawful to install on the exterior or interior of a building,
an intrusion detection device or burglar alarm system which, upon
activation, emits a sound which is similar to sirens in use on emergency
vehicles or for civil defense purposes.
(Ord. 1048 § 1, 1983)
It is unlawful to install or use an alarm system which, upon
activation, transmits an audio message which terminates at any city-owned
facility.
(Ord. 1048 § 1, 1983)
Every person maintaining an audible alarm shall post a notice
containing the names and telephone numbers of the persons to be notified
to render repairs or service and secure the premises during any hour
of the day or night that the burglar alarm is activated. Such notice
shall be posted near the alarm in such a position as to be legible
from the ground level adjacent to the building where the alarm system
is located.
(Ord. 1048 § 1, 1983)
No permit shall be issued for an alarm system which, due to
the nature of its construction and/or installation, constitutes an
unreasonable hazard to life and limb of responding public safety officers.
(Ord. 1048 § 1, 1983)
After any false alarm caused by the malfunction of the alarm
system, the alarm system permittee shall cause the alarm system to
be repaired in order to eliminate such malfunction before reactivating
the alarm. No person shall reactivate such alarm until the repairs
have been made.
(Ord. 1048 § 1, 1983)
Permittees shall notify the police department communications
center prior to any service, test, repair, maintenance, adjustment,
alteration, or installation of an alarm system which would normally
result in a police response to a false alarm. Any alarm activated
where such prior notice has been given shall not constitute a false
alarm as defined in this chapter.
(Ord. 1048 § 1, 1983)
No person shall engage in, conduct or carry on an alarm business
within the city without first applying for and receiving a state alarm
company operator license therefor, in accordance with the provisions
of Chapter 11.5 of Division 3 of the California Business and Professions
Code (commencing with Section 7512) and filing a copy of such license
with the city finance department. In the event its license is suspended,
revoked or otherwise rendered invalid by the state issuing authority,
the alarm business shall notify the city finance department in writing
of such state action, within three days thereof, with a copy to the
police department. Each alarm business owner and/or operator is required
to provide the chief of police with the name, address, and phone number
of each new subscriber within the city limits of Laguna Beach, prior
to the activation of the new alarm system, or upon notification that
an existing alarm system has been sold or transferred to another subscriber.
(Ord. 1048 § 1, 1983)
Every person operating as an alarm agent within the city shall
carry on his person at all times while so engaged, a valid alarm agent
state identification card, and shall display such card to any police
officer upon request.
(Ord. 1048 § 1, 1983)
Each alarm system business owner and/or operator is required
to provide the chief of police with the name, address and telephone
number of each new subscriber within the city, prior to the activation
of the new alarm system, or upon notification that an existing alarm
system has been sold or transferred to another subscriber.
(Ord. 1048 § 1, 1983)
No person shall install or use an alarm system without first
applying for and receiving a biennial alarm permit therefor, in accordance
with the provisions of this chapter. Permits shall be issued to the
person owning, possessing or using the alarm system.
(Ord. 1048 § 1, 1983)
The provisions of this chapter are not applicable to audible
alarms affixed to motor vehicles, or to public utility whose only
duty is to furnish telephone service pursuant to tariffs on file with
the California Public Utilities Commission.
(Ord. 1048 § 1, 1983)
An application fee for the biennial permits, required hereunder,
shall be paid to the city finance department. The fee shall be set
by resolution of the city council and shall be revised periodically
to reflect the changes in the cost of processing and investigation.
(Ord. 1048 § 1, 1983)
Application forms for biennial permits shall be as prescribed
by the chief of police and shall provide the necessary information
to evaluate and act upon the application, including but not limited
to, the name, address and telephone number of the person who will
render service or repairs during any hour of the day or night.
(Ord. 1048 § 1, 1983; Ord. 1067 § 1, 1984)
It shall be the responsibility of the permittee to apply for
renewal of the permit at least ten days prior to the expiration of
any existing permit. Whenever a change occurs relating to the written
information required on the application forms, the applicant or permittee
shall give written notice thereof to the chief of police within a
reasonable time, not to exceed ten days after such change, or at any
hearing conducted under the provisions of this chapter, if such hearing
is conducted before the notice required has been given.
(Ord. 1048 § 1, 1983)
The chief of police shall be the approving authority for alarm
systems permits.
(Ord. 1048 § 1, 1983)
An application for an alarm permit shall be processed in a timely
manner. The permit may be denied by the chief of police if (1) the
applicant, his employee or agent, has knowingly made any false, misleading
or fraudulent statement of a material fact in the application for
a permit, or in any report or record required to be filed with any
city agency; or (2) that the applicant has had a similar type permit
previously revoked for good cause within the past year, unless the
applicant can show a material change in circumstances since the date
of revocation.
(Ord. 1048 § 1, 1983)
Upon evidence that any provision of this chapter has been violated,
and written notice thereof has been served upon the permittee, either
by personal service or forty-eight hours after same has been deposited
in the United States Postal Service, the chief of police may suspend
an alarm permit for a period of ten days, during which time such alarm
shall not be used and shall be classified as a no-response status
alarm system.
(Ord. 1048 § 1, 1983)
When an alarm system permit is to be revoked, the chief of police
shall give the permittee fifteen days notice of his intention to do
so. Said notice shall be made by personal service or by certified
mail addressed to the permittee at the address set forth on the permit
application. Upon failure of the permittee to cause the system to
be repaired, or to be used as operated properly or to pay a false
alarm prevention payment within such fifteen-day period, or to file
an appeal to the city council, as provided in this chapter, the permit
shall be revoked at the expiration of such fifteen-day period, and
the alarm system shall be classified as no-response status and shall
not be used until a new permit has been issued.
(Ord. 1048 § 1, 1983)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter
2.02 of this code, incorporated in this chapter by reference.
(Ord. 1048 § 1, 1983)
Any person who, on the effective date of the ordinance codified
in this chapter, possesses, has installed or uses an alarm system
which requires a permit under the provisions of this chapter, shall
apply for a permit, as provided in this chapter, within ninety days
after the effective date of the ordinance codified in this chapter.
(Ord. 1048 § 1, 1983)
(a) 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 direct
telephone or other direct communication, or by communication from
an alarm agent, or an alarm business, or by a person responding to
an audible alarm, and which is proven to be a false alarm, shall be
a false alarm prevention fee.
The false alarm prevention fee shall be established by resolution
of the city council and shall be revised periodically to reflect the
costs to the city for responding to a false alarm. The fee shall be
assessed by the chief of police for the following:
(1) For any false alarm indicating a violation of California
Penal Code
Section 211;
(2) For false alarms in excess of three received in a twelve-month period
by the police department, the owner or lessee shall be assessed a
fee for each such alarm, and may have the alarm permit suspended or
revoked;
(3) For false alarms in excess of six received in a twelve-month period
by the police department, the owner or lessee shall be assessed an
increased fee for each alarm, and may have the alarm permit suspended
or revoked.
(b) An
alarm permit may be suspended or revoked in addition to the assessment
of the false alarm prevention payment, or in the event of failure
to pay such false alarm fees.
(c) Exceptions.
A thirty-day adjustment period to correct mechanical problems will
be allowed for any new, improved or replaced alarm system; and if
the user shows 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; provided further, that the user can demonstrate that
he neither knew of the defect in the alarm system, nor in the exercise
of due care, should have known such defect, such alarm shall not be
deemed a "false alarm" within the meaning of this chapter.
(Ord. 1048 § 1, 1983)
In the event the police department responds to a request for
service via an alarm system or an alarm company referral service,
whether or not a false alarm, and no permit for the alarm system has
been obtained, the owner, operator and/or lessee of the alarm system
shall be required to pay to the city finance department a fee for
each such response in an amount set by resolution of the city council
until such time as a permit has been obtained.
(Ord. 1278 § 1, 1993)
No alarm system permit issued under the provisions of this chapter
shall be assignable or transferable.
(Ord. 1048 § 1, 1983)
An person who violates or wilfully fails to comply with any
part of this chapter is guilty of a misdemeanor except where otherwise
expressly provided, and upon conviction thereof shall be punished
by imprisonment in the city jail or in the county jail of Orange County
for a period not to exceed six months, or by a fine not to exceed
five hundred dollars, or by both such fine and imprisonment, and each
such person shall be guilty of a separate offense for each and every
day or portion thereof during which any violation of any of the provisions
of this chapter is committed, continued, or permitted.
(Ord. 1048 § 1, 1983)
With respect to every fee and/or fine provided by this chapter
remaining unpaid as of the due date therefor, there shall be added
a penalty of ten percent of the amount owning per month for each month,
or fraction thereof, that the fee and/or fine remains unpaid, not
to exceed a maximum of one hundred percent of the fine and/or fine
due.
(Ord. 1278 § 2, 1993)
The conviction or punishment of any person or violation of the
provisions of this chapter shall not release such person from paying
the permit fee or reimbursement for excessive false alarms due and
unpaid at the time of such conviction, nor shall payment of any permit
fee or reimbursement for excessive false alarms prevent criminal prosecution
for 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 preclude the use of any other remedy for the purpose of
enforcing the provisions of this chapter. The amount of any permit
fee or reimbursement for excessive alarms shall be deemed a debt to
the city. An action may be commenced in the name of the city in any
court of competent jurisdiction for the amount of any delinquent permit
fee or false alarm prevention fee. All permit fees or false alarm
prevention fees shall be deemed delinquent thirty days after they
are due and payable.
(Ord. 1048 § 1, 1983)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
decision of any court of competent jurisdiction, such decision shall
not effect the validity of the remaining portion of this chapter.
The city council declares that it would have passed the ordinance
codified in this chapter and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more
of the sections, subsections, sentences, clauses or phrases of this
chapter be declared invalid or unconstitutional.
(Ord. 1048 § 1, 1983)