The City of Huntington Beach Council finds and declares that:
A.
The
vast majority of alarms to which the Police Department responds are
False Alarms, which are reported to the Police by alarm companies.
B.
Most
False Alarms are the result of improper maintenance or improper or
careless use of an Alarm System.
C.
The
public and Police Officers are subjected to needless danger when the
Officers are called to respond to False Alarms.
D.
Officers
responding to False Alarms are not available to carry out other Police
duties.
E.
In the
interest of using limited Police resources most effectively and efficiently,
the number of False Alarms can and must be reduced.
F.
The
purpose of this chapter is to reduce the dangers and inefficiencies
associated with False Alarms and to encourage alarm companies and
property owners to maintain the operational reliability, properly
use Alarm Systems, and to reduce or eliminate False Alarm Dispatch
Requests.
G.
This
chapter governs systems intended to summon a Police response, establishes
fees, fines, establishes a system of administration, sets conditions
for the suspension of a Police response and establishes a public education
and training program.
(4163-3/19)
For purposes of this chapter, the following terms shall have
the following meanings:
means the person or persons designated by the Police Department
to administer the provisions of this chapter.
means the legal contract or agreement by and between the
Alarm Installation Company and/or Monitoring Company and the Alarm
User.
means the Alarm Installation Company or Monitoring Company
that holds the Alarm Agreement with the Alarm User.
means a notification to the Police Department that an alarm,
either manual or automatic, has been activated at a particular Alarm
Site.
means a person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
Alarm System at an Alarm Site for compensation, and includes individuals
or firms that install and service Alarm Systems used in a private
business or proprietary facility.
means a registration and unique Number issued by the Alarm
Administrator to an Alarm User, which authorizes the operation of
an Alarm System.
means a person designated by an Alarm Installation Company
and Monitoring Company to handle alarm issues for the company and
act as the primary point of contact for the City's Alarm Administrator.
means a location served by one or more Alarm Systems. In
a multi-unit building or complex, each unit shall be considered a
separate Alarm Site if served by a separate Alarm System. In a single
unit building that houses two or more separate businesses with separate
Alarm Systems, each business will be considered a separate Alarm Site.
means a device or series of devices, which emit or transmit
an audible or remote visual or electronic alarm signal, which is intended
to summon Police response. The term includes hardwired systems, surveillance
cameras and systems interconnected with a radio frequency method such
as cellular or private radio signals, and includes Local Alarm Systems,
but does not include an alarm installed in a motor vehicle or a system
which will not emit a signal either audible or visible from the outside
of the building, residence or beyond, but is designed solely to alert
the occupants of a building or residence.
means any person who has contracted for Monitoring, repair,
installation or maintenance service for an Alarm System from an Alarm
Installation Company or Monitoring Company, or who owns or operates
an Alarm System which is not monitored, maintained or repaired under
agreement.
means a class conducted for the purpose of educating Alarm
Users about the responsible use, operation, and maintenance of Alarm
Systems and the problems created by False Alarms.
means a list provided by the Alarm User's Alarm Installation
Company or if no Alarm Agreement exists between the Alarm User and
an Alarm Installation Company, the Alarm User's Monitoring Company.
means a device that controls an Alarm System.
means any electronic, mechanical, or other device which,
when activated, is capable of being programmed to send a prerecorded
voice message to the Police Department or City requesting an officer
dispatch to an Alarm Site.
means an alarm intended to identify the presence of an intruder
in either a business or residence.
means a Business License issued by the City of Huntington
Beach Business License Division to an Alarm Installation Company or
Monitoring Company to conduct business in the City.
means the termination of a Police response to an Alarm Site
after an Alarm Dispatch Request is made but before an Officer's arrival
at the Alarm Site.
means City of Huntington Beach.
means the transaction or process by which one Alarm Installation
Company or Monitoring Company begins the servicing or monitoring of
a previously unmonitored Alarm System or an Alarm System that was
previously serviced or monitored by another alarm company.
means a silent Alarm System signal generated by the entry
of a designated code into an Arming Station in order to signal that
the Alarm User is being forced to turn off the system and requires
an Officer response.
means an attempt by the Monitoring Company, or its representative,
to contact the Alarm Site and/or Alarm User and/or the Alarm User's
designated representatives by telephone and/or other electronic means,
whether or not actual contact with a person is made, to determine
whether an alarm signal is valid before requesting a Police Burglar
Alarm Dispatch, in an attempt to avoid an unnecessary Alarm Dispatch
Request. For the purpose of this chapter, telephone confirmation shall
require, as 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 determine whether an alarm signal is valid
before requesting an officer dispatch. Names and numbers of those
contacted or attempted to contact, shall be provided when requested.
means an Alarm Dispatch Request to the Police Department,
which results in the responding officer finding no evidence of a criminal
offense or attempted criminal offense after completing an investigation
of the Alarm Site.
means a silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
means an unmonitored Alarm System that annunciates an alarm
only at the Alarm Site or is a self-monitored Alarm Site.
means the process by which a Monitoring Company receives
signals from an Alarm System and relays an Alarm Dispatch Request
to the Police Department.
means a person in the business of providing Monitoring services.
means the manual activation of a silent alarm signal by entering
a code that adds one number to the last digit of the normal arm/disarm
code (e.g., normal code = 1234, one plus duress code = 1235).
means an Alarm System signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation
requiring an officer response.
means an individual, corporation, limited liability company,
partnership, association, organization or similar entity.
means the Huntington Beach Police Department.
means an Alarm System that produces a temporary disability
or sensory deprivation through use of chemical, electrical, sonic
or other means, including use of devices that obscure or disable a
person's vision.
means a unique individual number assigned to an Alarm User
as part of Alarm Registration issued by the Police Department.
means a person capable of appearing at the Alarm Site upon
request who has access to the Alarm Site, the code to the Alarm System
and the authority to approve repairs to the Alarm System.
means an alarm signal generated by the manual or automatic
activation of a device, or any system, device or mechanism on or near
the premises intended to signal that a robbery is in progress and
that a person is in need of immediate Police assistance in order to
avoid bodily harm, injury or death. The term has the same general
meaning as "Hold-Up Alarm or Duress Alarm."
means the transaction or process by which an Alarm User takes
over control of an existing Alarm System that was previously controlled
by another Alarm User.
mean a division of devices into which an Alarm System is
divided to indicate the general location from which an Alarm System
signal is transmitted.
(4163-3/19)
A.
Responsibility
for administration of this chapter is vested with the Police Department.
B.
The
Police Department shall designate an Alarm Administrator to carry
out the duties and functions described in this section.
C.
Monies
generated by fees and fines assessed pursuant to this section shall
be deposited into the City's General Fund.
D.
The
amount of the fees and fines set forth in this section shall be specified
in the City Fee Schedule, which may only be revised by a duly adopted
resolution of the City Council. For purposes of this subsection, "fees"
include any type or class of fee and includes late charges.
E.
The
Alarm Administrator shall conduct an annual evaluation and analysis
of the effectiveness of this chapter and identify and implement system
improvements as warranted.
(4163-3/19)
A.
An Alarm
User shall not operate, or cause to be operated, any Alarm System
without a valid Alarm Registration. A separate Alarm Registration
is required for each Alarm Site having a distinct address or business
name. A registration fee including a completed Alarm Registration
application shall be received and approved by the Alarm Administrator
prior to any Alarm System activation. A 30-day grace period shall
be granted from the date of all new alarm installations or takeovers
between two alarm users, to accommodate the registration application
process. There shall be reduced residential registration fees for
senior citizens, low-income and disabled persons. The City Council
shall establish such classes of persons by resolution.
B.
Owners
of Local Alarm Systems are required to adhere to all sections of this
chapter and are subject to all fees, fines, suspensions, penalties
or other requirements that are applicable.
C.
The
fee for a new initial Alarm Registration and the Alarm Registration
renewal fee shall be collected by the Alarm Administrator.
D.
Existing Alarm Systems
1.
Any
Alarm System that has been installed before the effective date of
the ordinance codified in this chapter shall be registered and a registration
fee collected by the Alarm Administrator.
a.
The Alarm Agreement Holding Company shall provide within 40 days
of the effective date of the ordinance codified in this chapter, an
Alarm User List of existing Alarm Users in the City, in a format approved
by the Alarm Administrator, including name, address, billing address
and telephone number to the Alarm Administrator.
b.
The Alarm Agreement Holding Company may apply to the Alarm Administrator
for an extension of the time limit in subsection (D)(1)(a) based on
extenuating circumstances.
2.
The
Alarm Agreement Holding Company may, through a mutual written agreement,
have another Alarm Company provide the Alarm User's list.
E.
New Alarm Systems
1.
Any
Alarm Installation Company that installs an Alarm System on premises
located within the City of Huntington Beach shall notify the Alarm
Administrator within 20 days that an Alarm System has been installed
and send the Alarm Administrator the required information.
2.
In
the case of self-installed alarm systems that are to be monitored
by a Monitoring Company, the Monitoring Company shall act as the Alarm
Installation Company regarding the duties to notify the Alarm Administrator.
3.
Failure
of an Alarm Installation Company to notify the Alarm Administrator
of a new Alarm System installation within 20 days of installation
shall result in a fine as established by resolution of the City Council
to be imposed on the Alarm Installation Company.
4.
The
initial Alarm Registration fee shall be collected by the Alarm Administrator.
Failure of the Alarm User to submit an application and registration
fee within the 30 days after notice shall result in the Alarm System
being classified as non-registered and late charges being assessed.
F.
Alarm Registration and Renewal Fees
1.
An
Alarm Registration shall expire one year from the date of issuance,
and must be renewed annually by the Alarm User. The Alarm Administrator
shall notify the Alarm User of the need to renew their registration
30 days prior to the expiration of the registration. It is the responsibility
of the Alarm User to submit the updated information and renewal fees
prior to the registration expiration date. Failure to renew shall
be classified as use of a non-registered Alarm System and subject
the Alarm Site to a suspension and late charge.
2.
Registration
fees shall be collected annually based on a one-year registration
period. The amount of the registration and renewal fees required are
established by resolution of the City Council.
G.
Late Charge. Alarm Users who fail to make payment for an Alarm
Registration prior to the registration's expiration date will be assessed
a late charge as established by resolution of the City Council.
H.
Refunds. No refund of a registration fee or registration renewal
fee will be made.
I.
Upon
receipt of a completed Alarm Registration application form and the
Alarm Registration fee, the Alarm Administrator shall issue a Registration
Number or Alarm Registration renewal to the applicant unless:
1.
The
applicant has failed to pay any fee or fine assessed under this chapter;
or
2.
An
Alarm Registration for the Alarm Site has been suspended, and the
condition causing the suspension has not been corrected; or
3.
The
Alarm Installation Company and/or the Monitoring Company listed on
the registration application are not in possession of a current valid
State of California Department of Consumer Affairs Alarm Company Operators
License.
|
Any false statement of a material fact made by an applicant
for the purpose of obtaining an Alarm Registration shall be sufficient
cause for refusal to issue an Alarm Registration.
|
J.
Exceptions
1.
Government
entities, including, but not necessarily limited to, the City, County,
State, Federal and School Districts, must obtain Alarm Registrations
for all Alarm Systems on property under their control within the boundaries
of Huntington Beach, but are exempt from payment of Alarm Registration
and renewal fees.
2.
All
registration-fee-exempted alarm sites are required to obtain and maintain
a valid Alarm Registration for a Police response and are subjected
to all other fees, fines and suspension enforcements, except when
this action is prohibited by statute or through a court ruling.
(4163-3/19)
An application for an Alarm Registration must be in a format
provided by the Police Department. The information required on such
forms shall be determined by the Alarm Administrator. Registration
applicants acknowledge that the Police response may be influenced
by factors including, but not limited to, the availability of Officers,
priority of calls, traffic conditions, weather conditions, emergency
conditions, prior alarm history, administrative actions and staffing
levels.
(4163-3/19)
A.
An Alarm
Registration cannot be transferred to another person or Alarm Site.
An Alarm User shall inform the Alarm Administrator and their Alarm
Company of any change to the information listed on the Alarm Registration
application within 10 business days after such change.
B.
Exceptions
may be made at the discretion of the Alarm Administrator when the
transfer proposed is among members of the family of the original registration
holder or successors in interest to the property for which the Alarm
Registration has been issued.
(4163-3/19)
A.
An Alarm
User shall:
1.
Maintain
the Alarm Site and the Alarm System in a manner that will minimize
or eliminate False Alarms;
3.
Provide
his, her, or its Monitoring Company with the updated names and telephone
numbers of at least two individuals who are able and have agreed to:
4.
Not
activate an Alarm System for any reason other than an occurrence of
an event that the Alarm System was intended to report;
5.
Notify
his, her, or its Monitoring Company of any suspension of Police response
(as provided for under this chapter) and request that the Monitoring
Company not make a Burglar Alarm Dispatch Request.
B.
No person
shall operate or cause to be operated any Automatic Voice Dialer which,
when activated, uses a telephone device or attachment to automatically
dial a telephone line leading into the Police Department or the City
and then transmit any pre-recorded message or signal.
C.
An Alarm
User shall keep a set of written operating instructions for each Alarm
System at each Alarm Site.
(4163-3/19)
A.
No Alarm
System shall emit a sound resembling an emergency vehicle siren or
civil defense warning. The Chief of Police shall make the final determination
regarding any question of an audible alarm within this section.
B.
After
the effective date of the ordinance codified in this chapter, no one
shall install, modify or repair an Alarm System in the City of Huntington
Beach that has a siren, bell or other signal that is audible from
any property adjacent to the Alarm Site that sounds for longer than
15 consecutive minutes after the alarm is activated, or that repeats
the 15-minute audible cycle more than two consecutive times during
a single armed period.
C.
In the
event that an audible alarm is activated and fails to reset itself
or continues to activate for more than 60 minutes and the responsible
person listed on the Alarm Registration or other responsible person
cannot or will not respond and silence the alarm, and the continued
activation of the alarm is creating a disturbance, the Police Department
may cause the alarm to be silenced in a manner determined appropriate
for the circumstances. The Alarm User shall be held responsible for
the actual costs involved to abate the malfunctioning alarm up to
a maximum of $300.00. The City, its employees or agents shall not
be responsible or liable for damage resulting from such disconnection.
(4163-3/19)
A.
Registration.
1.
No
alarm company operator or alarm agent, as defined by the Business
and Professions Code, shall install, maintain, or repair any Alarm
System within the City unless the Alarm Company operator or alarm
agent has, prior to performing such work, obtained a City Business
License.
2.
Each
Alarm Installation Company and Alarm Monitoring Company must designate
one individual as the Alarm Response Manager (ARM) for the company.
The individual designated as the ARM must be knowledgeable of the
provisions of this chapter, as well as have the knowledge and authority
to deal with False Alarm issues and respond to requests from the Alarm
Administrator. The name, contact number, and email address of the
ARM shall be provided to the Alarm Administrator. Failure to comply
within 30 days after being notified in writing from the Alarm Administrator
may result in the suspension of Police Department response to Alarm
Dispatch Requests from the non-complying Alarm Installation Company
or Monitoring Company.
3.
Each
Alarm Installation Company shall provide the name, address and phone
number of any Monitoring Company it is using to monitor its Alarm
Sites within the City, and Monitoring Companies shall do the same
for Alarm Installation Companies that use their monitoring services
within the City.
B.
Alarm
Installation Companies shall:
1.
Upon
the installation or activation of an Alarm System, the Alarm Installation
Company shall distribute to the Alarm User information summarizing:
2.
After
the effective date of the ordinance codified in this chapter, Alarm
Installation Companies shall not program Alarm Systems so that they
are capable of sending One Plus Duress Alarms. Monitoring Companies
may continue to report One Plus Duress Alarms received from Alarm
Systems programmed with One Plus Duress Alarms installed prior to
the effective date of the ordinance codified in this chapter.
3.
After
the effective date of the ordinance codified in this chapter, Alarm
Installation Companies shall not install, modify or repair "single
action" devices for the activation of Hold-Up, Robbery or Panic Alarms.
New devices shall require two actions or an activation time delay
to provide more positive assurance that the user intends to activate
the device.
4.
All
audible Alarm Systems shall include a device which will limit the
duration of the audible alarm to a period of not more than 15 minutes
per activation.
5.
An
Alarm Installation Company shall not use an Automatic Voice Dialer
for any Alarm System which, when activated, uses a telephone device
or attachment to automatically dial a telephone line leading into
the Police Department or the City and then transmit any pre-recorded
message or signal.
6.
Ensure
that Alarm Users of Alarm Systems equipped with a Duress, Robbery,
Holdup or Panic Alarm has been provided adequate training as to the
proper use of the Alarm System's operation and function.
7.
All
Alarm Systems shall be supplied with an uninterrupted power supply
in such a manner that the failure or interruption of the normal electric
utility service for a period of up to four hours will not activate
the Alarm System.
C.
A Monitoring
Company shall:
1.
Report
alarm signals by using telephone numbers or procedures designated
by the Alarm Administrator or other approved communication processes.
2.
Employ
Enhanced Call Confirmation procedures on All Burglar Alarm Dispatch
Requests. The Huntington Beach Police Department may refuse to accept
an Alarm Dispatch Request from a Monitoring Company that has failed
to comply with the procedures required by Enhanced Call Confirmation.
This subsection becomes effective 90 days after the effective date
of the ordinance codified in this chapter.
3.
Communicate
Alarm Dispatch Requests to the Police Department in a manner and form
determined by the Alarm Administrator.
4.
Communicate
Cancellations to the Police Department in a manner and form determined
by the Alarm Administrator.
5.
Communicate
all available Zone activations information (north, south, front, back,
door, window, etc.) about the location of an alarm signal(s) as part
of an Alarm Dispatch Request.
6.
Communicate
the type of alarm activation (silent or audible, interior or perimeter),
if available, on any Alarm Dispatch Request.
7.
Notify
Communications (Dispatch) of any Alarm Site that it knows, or reasonably
should know has guard dog(s), pets or is fitted with a Protective-Reactive
Alarm System. During any alarm at such a site, a Responsible Party
must be contacted and confirm that he or she will respond to the Alarm
Site to disarm the device or take control of the guard dog(s).
8.
After
an Alarm Dispatch Request, promptly advise the Police Department if
the Monitoring Company knows that the Alarm User or a Responsible
Party is on the way to the Alarm Site.
9.
Each
Monitoring Company must maintain, for a period of at least one year
after the date of an Alarm Dispatch Request, all records relating
to the Alarm Dispatch Request. Records must include the name, address
and telephone number of the Alarm User, each Alarm System zone activated,
the time of Alarm Dispatch Request and evidence of all attempts to
verify. The Alarm Administrator may request copies of such records
for any individual Alarm User. If the request is made within 60 days
after an Alarm Dispatch Request, the Monitoring Company shall furnish
requested records within three business days after receiving the request.
If the records are requested between 60 days and one year after an
Alarm Dispatch Request, the Monitoring Company shall furnish the requested
records within 30 days after receiving the request.
10.
Each Monitoring Company shall, upon request, immediately provide
the Police Department with the names and phone numbers of the Alarm
User's emergency contacts at the time of each Alarm Dispatch Request.
D.
Conversion of Alarm Users. An Alarm Installation Company or
Monitoring Company that converts the servicing of any Alarm System
account from another company shall notify the Alarm Administrator
of such conversion and shall make a reasonable effort to provide to
the Alarm Administrator, within 60 days from the date of conversion,
an Alarm User List of the converted accounts, in a format acceptable
to the Alarm Administrator.
(4163-3/19)
B.
The
Alarm Administrator shall establish a procedure to acquire and record
information on Alarm Dispatch Requests.
D.
The
Alarm Administrator may require that a conference be held with an
Alarm User and the Alarm Installation Company or Monitoring Company
responsible for repairing or monitoring of the Alarm System to review
the circumstances of each False Alarm. The conference may be held
in person or through a conference telephone call, at the Alarm Administrator's
discretion. Failure to participate may result in suspension of the
Alarm Registration, as indicated by the facts of the case.
E.
The
Alarm Administrator may establish an Alarm User Awareness Class. The
Alarm Administrator may request the assistance of associations, alarm
companies and law enforcement agencies in developing and implementing
the class. The class shall inform Alarm Users of the Alarm Ordinance;
problems created by False Alarms and teach Alarm Users how to avoid
creating False Alarms.
F.
If a
false Robbery, Hold-Up or Panic Alarm has occurred and the alarm was
triggered using a single action, non-recessed device, the Alarm Administrator
may consider a waiver or partial waiver of the False Alarm fine, if
action is taken by the Alarm User to remove or replace the single
action, non-recessed device.
G.
The
Alarm Administrator shall make a copy of this chapter and/or an ordinance
summary sheet available to each Alarm User.
H.
The
Alarm Administrator may use electronic means to communicate with Alarm
Users, Alarm Installation Companies and Monitoring Companies when
applicable or when requested by the recipient and at the Alarm Administrators
discretion.
(4163-3/19)
A.
The
Alarm Administrator may assess the Alarm User a fine for a False Alarm
occurring at that Alarm User's Alarm Site. The amount of said fines
for the listed categories shall be established by City Council and
may be subsequently amended by resolution of the City Council.
B.
If a
False Alarm fine is not paid within 30 days after the invoice is mailed,
a late charge as established by resolution of the City Council shall
be imposed.
C.
Fines for False Alarms from Non-Registered Alarm Systems. For
person(s) operating a Non-Registered Alarm System incurring a False
Alarm, fines shall be imposed as established by resolution of the
City Council.
D.
Any
Monitoring Company after five business days of receiving notice from
the Alarm Administrator that an Alarm User's registration status is
that of Non-registered shall not make a Burglar Alarm Dispatch Request
from that Alarm User.
E.
If Cancellation
of a Police response occurs prior to the Officer's arrival at the
Alarm Site, the response is not considered a False Alarm and no False
Alarm fine will be assessed.
F.
The
Alarm Installation Company shall be assessed a fine in an amount established
by resolution of the City Council if the Officer responding to a False
Alarm determines that an on-site employee of the Alarm Installation
Company directly caused the False Alarm. Such False Alarms are not
included in the total number of False Alarms for the Alarm User, nor
is the Alarm User to be held liable for any False Alarm fine resulting
from such alarm activation.
G.
A fine
in an amount established by resolution of the City Council shall be
imposed against any Monitoring Company that fails to verify Alarm
System signals as required in Section 5.56.090(C)(2) of this chapter.
H.
Notice
of the right of appeal under this chapter will be included with notice
of any fine.
I.
All
registration fees, renewal registration fees or fines assessed under
this section are due within 30 days of written notice unless otherwise
noted. A late charge in an amount established by resolution of the
City Council shall be imposed for each individual fee or fine due
that is not paid within 30 days.
J.
The
Alarm Administrator may waive the False Alarm fine for the first chargeable
False Alarm during the Alarm User's one-year registration period,
pending the successful completion of the Online Alarm User Awareness
Class available through the Alarm Administrator. In order to have
the fine waived, the Alarm User shall have successfully completed
the class within 30 days of the fine notice. Alarm Users without online
access may request the online school and test be mailed to them. Reasonable
additional time to complete the Alarm User Awareness Class shall be
allowed for mail delivery.
(4163-3/19)
A.
The
Alarm Administrator shall notify the Alarm User in writing or by other
electronic means after each False Alarm. The notice shall include
the amount of the fine for the False Alarm, the fact that Police response
to further alarms may be suspended after the fourth False Alarm during
the Alarm User's one-year Alarm Registration period, (excluding Duress,
Robbery, Holdup and Panic Alarms), and that the Alarm User has the
right to appeal.
B.
The
Alarm Administrator shall notify the Alarm User in writing 30 days
beforehand that a Police Department response to further alarms is
to be suspended. The right of appeal under this chapter shall be included
with the notice. The notice of suspension shall also include the amount
of any fees and/or fines due and a description of the reinstatement
process.
(4163-3/19)
A.
The
Alarm Administrator shall notify the Police Department of each Alarm
User whose Alarm Registration qualifies for suspension under this
section. The Alarm Administrator may suspend an Alarm Registration
if it is determined that:
1.
There
is a false statement of a material fact in the registration application;
or
2.
The
Alarm User has had four or more False Burglar Alarms within the one-year
registration period, except that the Alarm Administrator may waive
a suspension of a registration upon receipt of documented work orders
showing reasonable attempts to repair the Alarm System prior to the
notice of suspension; or
3.
The
Alarm User fails or refuses to pay an Alarm Registration or Alarm
Registration Renewal fee, False Alarm fine, late charge, or any other
fee, fine, or charge assessed under this section.
B.
It is
a violation of this section for a person to operate a Burglar Alarm
System during the period in which the Alarm Registration is suspended.
It is a violation of this chapter for a Monitoring Company to make
an Alarm Dispatch Request to a Burglar Alarm Site after the Monitoring
Company's Alarm Response Manager (ARM) has been notified by electronic
mail by the Alarm Administrator that the registration for that Alarm
Site has been suspended. A grace period of five business days after
the ARM's notification shall be granted the Monitoring Company to
comply. The Alarm Monitoring Company shall be assessed a fine in an
amount established by resolution of the City Council for requesting
a Burglar Alarm Dispatch Request on a suspended Alarm Site.
C.
False Alarm Fines Under Suspension Status. In addition to the fines set forth in Section 5.56.110(A), a supplemental fine is hereby imposed upon any person operating a suspended Burglar Alarm System. The amount of said fines shall be established by resolution of the City Council.
D.
It shall
be the responsibility of the Alarm User to notify their respective
Alarm Monitoring Company of their suspension status. An Alarm User
shall be held financially accountable for all false alarm fines incurred.
E.
Unless
there is a separate indication that there is a crime in progress,
the Police Department may or may not dispatch an Officer to an Alarm
Site for which an Alarm Registration is suspended.
(4163-3/19)
A.
If the
Alarm Administrator assesses a fee or fine, suspends an Alarm Registration
or denies the issuance, renewal or reinstatement of an Alarm Registration,
the Alarm Administrator shall send notice of the action and a statement
of the right to appeal to the affected applicant, Alarm User, Alarm
Installation Company or Alarm Monitoring Company.
B.
The applicant, Alarm User, Alarm Installation Company or Alarm Monitoring Company may appeal any action described in subsection A to the Police Chief (or designee) by setting forth in writing the reasons for the appeal and delivering the appeal to the Police Chief (or designee) within 20 days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C.
The
procedure for an appeal to the Police Chief (or designee) is as follows:
1.
The
applicant, Alarm User, Alarm Installation Company or Monitoring Company
may file a written request for appeal by paying an appeal fee and
setting forth the reasons for the appeal. The appeal must be entitled
"Appeal from Alarm Administrator's Action." The appeal fee shall be
in an amount established by resolution of the City Council and will
be returned to the appealing party if the appeal is successful.
2.
The
Police Chief (or designee) shall conduct a hearing on the appeal within
30 days after the Police Department's receipt of the request for appeal
and appeal fee and shall consider the evidence submitted by the appealing
party and the Alarm Administrator. The Police Chief (or designee)
must base the decision on the preponderance of evidence presented
at the hearing and must render a decision within 15 days after the
date of the hearing. The decision shall affirm or reverse the decision
or action taken by the Alarm Administrator.
3.
Filing
of an appeal stays any action by the Alarm Administrator to suspend
an Alarm Registration or require the payment of a fee or fine until
the appeal process has been exhausted. This provision applies only
to the action of the Alarm Administrator that is the subject of the
appeal. This provision does not operate as a bar to enforcement action
on violations of this section that occur thereafter.
D.
The
Alarm Administrator or the Police Chief, or their respective designees,
may adjust the count of False Alarms or assessed fees based on:
1.
Evidence
that a False Alarm was caused by action of a communications services
provider (i.e., telephone, cellular, cable company);
2.
Evidence
that a False Alarm was caused by a power outage of more than four
hours or severe weather such as a tornado, earthquake, or excessive
winds (35 m.p.h. or above as measured by the Huntington Beach (LIST
LOCATION such as their International Airport weather monitoring station);
3.
Evidence
that an Alarm Dispatch Request was not a False Alarm; or
4.
The
occurrence of multiple alarms within a 24-hour period, which may be
considered as one False Alarm if the Alarm User has taken corrective
action, unless the False Alarms are directly caused by the Alarm User.
E.
The
Alarm Administrator may waive all or part of a False Alarm fine due
to extenuating circumstances or to encourage corrective action with
supervisor approval.
(4163-3/19)
A.
On the
suspension of an Alarm Registration, a person whose Alarm Registration
has been suspended may obtain reinstatement of the registration by
the Alarm Administrator if the person:
1.
Pays
a reinstatement fee as established by resolution of the City Council;
2.
Pays,
or otherwise resolves, all outstanding fees, fines, and other charges;
3.
Submits
a written notice from an Alarm Installation Company stating that the
Alarm System has been inspected and repaired (if necessary) by the
Alarm Installation Company;
4.
The
Alarm User successfully completes an Alarm User Awareness Class and
test.
B.
The
Police Department shall reinstate its response to an Alarm Site as
soon as is practicable after receiving notice of reinstatement from
the Alarm Administrator. The Alarm User and Monitoring Company shall
take notice that the Alarm Site has been officially reinstated only
after receiving notice from the Alarm Administrator of that fact.
It shall be the responsibility of the Alarm User to verify that his,
her, or its registration status and future Police response has been
properly restored.
(4163-3/19)
A.
The
Police Chief or Command Staff designee may suspend Police response
to an Alarm Dispatch Request from an Alarm Installation Company or
Monitoring Company if it is determined that:
1.
There
is a violation of this chapter by the Alarm Installation Company or
Monitoring Company and the condition causing the violation has not
been corrected; and/or
2.
The
Alarm Installation Company or Monitoring Company has failed to pay
any fee, fine, or other charge assessed under this section, more than
60 days after the fee, fine, or other charge is due.
B.
The
Police Department may not respond to any Alarm Dispatch Request where
the Alarm Installation Company or Monitoring Company who installed
or monitors that alarm has failed to comply with California licensing
requirements or failed to maintain a valid copy of the State of California
Department of Consumer Affairs Alarm Company Operators License.
C.
A suspension
of Police response made pursuant to this subsection is subject to
the appeal process provided for within this chapter. In addition,
the Alarm Administrator has the ability to accept a workable solution
from the affected party prior to an appeal. The affected party has
60 days after the written notice of suspension before Police response
is suspended to its alarm customers.
D.
The
Alarm Administrator shall notify all known Alarm Users subscribing
to an Alarm Installation Company or an Alarm Monitoring Company that
the Police Department has suspended response to the company's Alarm
Dispatch Requests.
E.
The
City shall assess the Alarm Installation Company or Monitoring Company
a reinstatement fee in an amount established by resolution of the
City Council. In addition, if the Alarm Administrator has incurred
costs in notifying Alarm Users by mail of the suspension of their
Alarm Installation Company or Monitoring Company, reimbursement to
the City of those costs shall be a condition of reinstatement.
(4163-3/19)
A.
Subject to the suspension provisions in Section 5.56.130 and the discretion discussed in Section 5.56.190, the Police Department at its discretion will respond to all "in progress" Robbery, Panic or Burglar Alarms as promptly as possible, taking into account pending calls for service and any policy establishing priority of dispatched calls following notification of the receipt of the alarm from the Monitoring Company. Police supervisors may, at their discretion, cancel a Police response to any or all alarms based on weather or other factors affecting Police service needs.
B.
The
Police Chief or designee may re-prioritize assignment of Burglar Alarms
and response time at any time during a 24-hour period as may be necessary
due to the service needs of the community.
(4163-3/19)
All information contained in documents gathered through Alarm
Registrations, the submission of customer lists, the alarm appeal
process and records relating to Alarm Dispatch Requests must be held
in confidence by all employees of the Alarm Administrator, City of
Huntington Beach and any third-party alarm administrator. Such information
is proprietary and is hereby declared confidential and not a public
record. Absent special circumstances, such information must not be
released to the public or any person other than a law enforcement
agency, third party administrator or the applicable Alarm User, Alarm
Installation Company or Alarm Monitoring Company except pursuant to
court order. Per California Government Code Section 6254(f).
(4163-3/19)
The issuance of Alarm Registrations does not create a contract
between the Police Department and/or the City of Huntington Beach
and any Alarm User, Alarm Installation Company or Monitoring Company,
nor does it create a duty or obligation, either expressed or implied,
on the Police Department to respond to any alarm. Any and all liability
and consequential damage resulting from the failure of the Police
Department to respond to an Alarm Dispatch Request is hereby disclaimed
and full governmental immunity as provided by law is retained. By
applying for an Alarm Registration, the Alarm User acknowledges that
the Police Department response is influenced by the availability of
officers, priority of calls, traffic conditions, weather conditions,
emergency conditions, staffing levels, prior response history and
administrative actions.
(4163-3/19)
