As used in this Chapter:
means a person employed by an alarm business whose duties
include selling on premises, altering, installing, maintaining, moving,
repairing, replacing, servicing, responding to, or monitoring an alarm
system, or a person who manages or supervises a person employed by
an alarm business to perform any of the duties described herein.
means the business of selling, leasing, maintaining, monitoring,
servicing, repairing, altering, replacing, moving or installing any
alarm system or causing to be sold, leased, maintained, serviced,
repaired, altered, replaced, moved or installed any alarm system in
or on any building, structure or facility, or who responds to an alarm
system. This definition does not include a person who engages in the
manufacture or sales of an alarm system from a fixed location and
who neither visits the location where the alarm system is to be installed,
nor designs the scheme for physical location and installation of the
alarm system in a specific location.
means any mechanical, or electrical device which is designed
or used for the detection of fire, intrusion into a building, structure
or facility, and for alerting persons of such an event within a building,
structure or facility by means of a local audible alarm or transmission
of a signal or message. Alarm systems include, but are not limited
to, direct dial tone devices, audible alarms and proprietor alarms.
Devices which are not designed or used to evoke a police or fire response
or that are not intended to be audible, visible, or perceptible outside
of the protected building, structure, or facility are not included
within this definition.
means the person who owns, leases or uses any alarm system
for use by his or her agents, employees, representatives or family
to protect a building or structure owned or occupied by that person.
means a device designed for the detection of a fire or of
an intrusion which generates an audible sound on the premises when
it is activated.
means a device which is connected to a telephone line and
upon activation of an alarm system automatically dials a predetermined
telephone number and transmits a message or signal indicating a need
for emergency response.
means an alarm signal activated by causes other than the
commission or attempted commission of an unlawful act which the alarm
system is designed to detect. An alarm signal activated by violent
conditions or nature or other extraordinary circumstances not subject
to the control of the alarm owner shall not constitute a false alarm.
It shall be the responsibility of the owner of the system to show
that the cause was beyond their control.
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 the placing of the same in the custody of the United States
Postal Service.
means any person, who is granted a permit as provided herein,
and its agents and representatives.
means an alarm which is not regularly serviced by an alarm
business.
(Prior code § 4800; Ord. 98 § 1, 1994)
No person shall engage in, manage, conduct or operate an alarm
business in the city without first registering with the city on forms
provided by the city requiring the following information:
A.
Name
of the business, and if a corporation, its name, date and place of
incorporation; address of its principal place of business, together
with the name and business telephone number of the owner or qualifying
manager and its state Alarm Company Operator license number;
B.
A list
of the addresses, business and emergency telephone numbers of all
central stations handling such business' accounts in the city;
C.
Proof
of workers compensation insurance and proof of liability insurance.
(Prior code § 4801; Ord. 98 § 1, 1994)
Every alarm agent while engaged in the duties of an alarm agent
shall carry on his person at all times a valid identification card
issued pursuant to the Alarm Company Act of the state of California,
Business and Professions Code Sections 7590 et seq., and shall display
the identification card to any deputy sheriff upon request.
(Prior code § 4802; Ord. 98 § 1, 1994)
No alarm user shall activate or allow the use of an alarm system
without first applying for and receiving an alarm permit therefor
in accordance with the provisions of this chapter. The permit shall
be renewed annually upon filing of a renewal application.
(Prior code § 4803; Ord. 98 § 1, 1994)
Applications for an alarm user permit or renewal shall be submitted
by the alarm user to the city clerk on a form prescribed by the city
and upon payment of an application processing fee established by resolution
of the city council. Any change in the information provided in the
application after issuance of a permit shall be provided in writing
to the city clerk within five days of such change.
(Prior code § 4804; Ord. 98 § 1, 1994)
The application for an alarm user permit shall be investigated
by the Los Angeles County Sheriff, who shall recommend either issuance
or denial of the permit to the city clerk. The permit shall be denied
if the alarm system does not comply with the standards and requirements
of this chapter. Any such denial may be appealed by the applicant
to the city manager by filing a written appeal with the city clerk
within 15 days of receipt of notification of denial by the sheriff.
The city manager or his or her designee shall consider the appeal
within 30 days of receipt thereof by the city clerk.
(Prior code § 4805; Ord. 98 § 1, 1994)
No alarm permit issued under the provisions of this chapter
shall be assignable or transferable.
(Prior code § 4806; Ord. 98 §1, 1994)
If the alarm system for which a permit is issued emits more
than five false alarms during any consecutive 12 month period, a service
charge shall be billed to and paid by the owner of an alarm system
for each false alarm after the second. The amount of the charge shall
be determined by resolution of the city council. The service charge
shall be billed to the alarm owner by the sheriff and shall be due
and payable within 30 days of the billing date. Should the amount
not be paid, the city may collect the debt pursuant to any available
provision of law. This remedy shall be in addition to any other remedy
or penalty provided for in this chapter. This section does not apply
to a test of an alarm system, permission for which must be obtained
in advance from the sheriff.
(Prior code § 4807; Ord. 98 § 1, 1994; Ord.
186 § 1, 1999)
A.
An alarm
system permit may be suspended by the sheriff for any of the following
reasons:
1.
Failure
to observe any of the regulations or other provisions of this chapter;
2.
Where more than two service charges have been imposed pursuant to Section 8.08.080 and where payment for the charges is delinquent;
3.
Where
the applicant or permittee, his or her 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 to be
filed with any city agency;
4.
Where
the applicant or permittee has had a similar type permit previously
revoked for good cause within the past six months, unless the applicant
can show a material change in circumstances since the date of revocation;
5.
Any
false alarm indicating a violation of California Penal Code Section
211.
B.
Upon
suspension of a permit, the permittee shall be provided 10 days within
which to correct the conditions giving rise to the suspension and
to provide the sheriff with a written report describing the corrective
action taken. During this period, the alarm system shall not be used
by the permittee. Failure or refusal of permittee to correct the condition
shall result in institution of revocation proceedings.
(Prior code § 4808; Ord. 98 § 1, 1994)
Upon timely correction of a condition giving rise to a suspension,
the permit may be reinstated upon payment by the permittee of a reinstatement
fee to be established by resolution of the city council. Upon reinstatement,
a new 12 month period shall commence for purposes of counting false
alarms.
(Prior code § 4809; Ord. 98 § 1, 1994)
A.
An alarm
system permit may be revoked by the city manager upon recommendation
of the sheriff for any of the following reasons:
1.
Failure
to observe any of the regulations or other provisions of this chapter;
2.
If
a suspension persists without correction for a period of more than
180 days or if the alarm system for which the alarm system permit
has been reinstated is suspended again within 12 months of the date
the permit was reinstated;
3.
Where
the applicant or permittee, 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 to be filed
with any city agency;
4.
Where
the applicant or permittee has had a similar type permit previously
revoked for good cause within the past six months, unless the applicant
can show a material change in circumstances since the date of revocation;
5.
Any
false alarm indicating a violation of California Penal Code Section
211.
B.
The
permittee shall be provided with 10 days notice of a hearing before
the city manager or his or her designee to consider revocation of
the permit. After consideration of the evidence, the city manager
or his or her designee may revoke the permit, suspend the permit for
a time certain or reinstate the permit. Upon revocation, the alarm
system shall be deactivated and the permit surrendered to the city.
A new alarm permit shall not be issued for any alarm system to a user
as to whom a permit has been revoked within the previous six months,
and thereafter only upon proof provided to the sheriff that corrective
action has been taken. The fee for such an application shall be established
by resolution of the city council.
(Prior code §4810; Ord. 98 § 1, 1994)
The alarm user of every audible alarm shall post in a location
clearly visible from outside the front of the premises protected by
the alarm the names and telephone numbers of persons to be notified
to render repairs or service during any hour of the day or night during
which the audible alarm is operated. An audible alarm shall automatically
terminate or shall automatically reset within 15 minutes of its being
activated. The alarm user or the user's designee shall respond to
a premises following activation of an alarm constituting part of an
alarm system for which a permit at that location has been issued hereunder.
The response shall be made within a reasonable time and, in any event,
within one hour after being requested to do so by the sheriff's department.
(Prior code § 4811; Ord. 98 § 1, 1994)
A.
No Direct
Dial Telephone Devices. No person shall install or use any alarm system
which is equipped with a direct dial device which automatically dials
any telephone number in any office of the county sheriff or fire district.
B.
No Sirens.
No person shall install or use an alarm system which, upon activation,
emits a sound similar to sirens in use for emergency vehicles or civil
defense purposes.
C.
False
Alarms Prohibited. No person shall knowingly turn in a false alarm.
This section does not prohibit a test of an alarm system as permitted
in advance by the sheriff.
D.
Maintaining
a Public Nuisance Alarm. No alarm user shall operate an alarm system
which generates more than five false alarms in any 12 month period.
Each subsequent false alarm shall be considered a violation of this
section. In the event an alarm user replaces an existing alarm system
with a new alarm system, provided by a different alarm business, the
12 month period for purposes of counting false alarms, shall commence
upon installation of the new system.
E.
Section
211 Alarms. No person shall operate or use an alarm system designed
to report a violation of Penal Code Section 211 for any purpose other
than reporting robberies or other crimes involving potential serious
bodily injury or death.
F.
Improper
Use. No person shall operate or use an alarm system for any purpose
other than what the system was designed to detect or report.
(Prior code § 4812; Ord. 98 § 1, 1994)
If the sheriff's department determines that a false alarm has
occurred, the deputy sheriff who responded to the alarm shall leave
a statement at the property stating that the responding deputy determined
that the alarm was false alarm, and that the alarm user should take
action to correct the causative problems with the alarm system. In
addition, the statement shall state that three false alarms in any
12 month period shall result in the imposition of a service charge
for additional false alarms as well as other possible penalties as
prescribed by this chapter. A copy of this notice shall be delivered
to the issuing authority and filed with the alarm owner's permit.
After any false alarm responded to by the sheriff, a written report
shall be submitted by the alarm owner describing actions taken to
eliminate the cause of the false alarm if requested by the sheriff.
This report shall be submitted within 10 days of the date requested
by the sheriff.
(Prior code § 4813; Ord. 98 § 1, 1994; Ord.
186 § 2, 1999)
The provisions of this chapter are not applicable to audible
alarms fixed to motor vehicles or to a public telephone utility whose
only duty is to furnish telephone service pursuant to tariffs on file
with the California Public Utilities Commission.
(Prior code § 4814; Ord. 98 § 1, 1994)
A.
Any
person who violates or wilfully fails to comply with the provisions
of this chapter is guilty of an infraction except where expressly
provided, and upon conviction thereof shall be punished by a fine
as follows:
B.
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.
C.
Any
person violating any of the provisions of this chapter who has previously
been found guilty of an infraction under this chapter for violation
of the same section within the past 12 month period, may be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be punishable
by a fine of not ore than $1,000 or by imprisonment for a period not
to exceed six months, or by both such fine and imprisonment.
D.
However,
upon the first violation of this section, the sheriff shall serve
a written notice on the violator describing the violation and specifying
that the causes of the violation shall be corrected within 10 days
of the date of service of the written notice. Such violation shall
not be further prosecuted provided that the sheriff determines that
the causes of the violation have been removed or fully corrected within
the 10 day time period.
E.
The
conviction of punishment of any person for violation of the provisions
of this chapter or for failing to secure a permit or pay a service
charge as required by this chapter shall not relieve the person from
paying the permit fee or service charge due and unpaid a the time
of the conviction, nor shall payment of any permit fee or service
charge prevent criminal prosecution for violation of any of the provisions
of this chapter. The amount of any permit fee or service charge shall
be deemed a debt to the city. Any action may be commenced in the name
of the city in any court of competent jurisdiction for the amount
of any delinquent 30 days after they are due and payable and delinquent
permit fees shall incur an additional assessment equal to 50% of the
applicable permit fee for issuance of the permit.
(Prior code § 4815; Ord. 98 § 1, 1994)
A.
If an
alarm user contests a notice of violation, the city shall do all of
the following:
1.
First,
investigate with its own records and staff the circumstances of the
violation with respect to the contestant's written explanation of
the reason or reasons for contesting the violation.
If, based on the results of that investigation, the city is
satisfied that the violation did not occur, the city shall cancel
the violation, and make an adequate record or the reason or reasons
for canceling the violation. The city shall mail the results of the
investigation by first class mail to the contestant within 10 days
of the decision.
2.
If
the contestant is not satisfied with the results of the investigation
provided for in subdivision 1 of this subsection, the contestant may,
within 15 days of the mailing of the results of the initial investigation,
deposit the amount of the penalty and other related fees or provide
proof of an inability to deposit the penalty, and request an administrative
review.
3.
If
the contestant prevails at the administrative hearing, then the full
amount of the penalty deposited shall be refunded.
B.
The
administrative hearing procedure shall consist of the following:
1.
The
contestant shall make a written request for administrative hearing
on a form and in a manner satisfactory to the city, and may request
to contest the violation either in person or by written declaration.
2.
The
administrative hearing shall be conducted before the city manager
or designated representative within 30 days of receipt of the request
for hearing.
3.
The
officer issuing the citation shall not be required to participate
in an administrative hearing. The city manager or designated representative
authorized to conduct the hearing shall not be required to produce
any evidence other than the citation or copy thereof in consideration
of a decision on the contesting of the violation.
4.
The
city's final decision shall be in writing and delivered personally
to the contestant, or delivered by first class mail within 10 days
following the administrative hearing.
(Prior code § 4816; Ord. 98 § 1, 1994)
