LAGUNA BEACH ALARM PROGRAM

Chapter 5.34 ALARM SYSTEMS

Note

* Prior history: Ords. 722 and 850.

5.34.010 Purpose.

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).

5.34.020 Definitions.

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.

(a) “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.

(b) “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.

(c) “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.

(d) “Appellant” means a person who perfects an appeal pursuant to this chapter.

(e) “Applicant” means a person, firm or corporation who files an application for permit as provided for in this chapter.

(f) “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.

(g) “City” means the city of Laguna Beach.

(h) “Day” means a calendar day.

(i) “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.

(j) “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.

(k) “Permittee” means any person who shall be granted a permit as provided in this chapter, and his agents and representatives.

(l) “Person” means natural person, firm, partnership, association, company or corporation.

(m) “Proprietor alarm” means an alarm which is not regularly serviced by an alarm business.

(n) “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.

(o) “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. (Ord. 1048 § 1, 1983).

5.34.040 Automatic resetting requirements.

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).

5.34.050 Audible alarms similar to sirens prohibited.

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).

5.34.060 Restrictions on reporting telephones.

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).

5.34.070 Audible alarm requirements.

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).

5.34.080 Alarm systems which constitute a hazard to responding public safety officers.

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).

5.34.090 Repair.

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).

5.34.100 Testing an alarm system.

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).

5.34.110 Alarm business registration.

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).

5.34.120 Alarm agents—State identification cards in possession.

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).

5.34.130 Notification of alarm system installation.

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).

5.34.140 Biennial permit required.

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).

5.34.150 Exemptions.

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).

5.34.160 Permit fee.

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).

5.34.170 Permit application forms.

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. 1067 § 1, 1984; Ord. 1048 § 1, 1983).

5.34.180 Renewal and notice of change.

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).

5.34.190 Approving authority.

The chief of police shall be the approving authority for alarm systems permits. (Ord. 1048 § 1, 1983).

5.34.200 Permit application, investigation and denial.

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).

5.34.210 Permit suspension.

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).

5.34.220 Permit revocation.

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).

5.34.230 Appeal and review.

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).

5.34.240 Application of chapter.

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).

5.34.250 False alarm—Prevention payment.

(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).

5.34.255 Fee for failure to obtain permit.

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).

5.34.260 Permit nontransferable.

No alarm system permit issued under the provisions of this chapter shall be assignable or transferable. (Ord. 1048 § 1, 1983).

5.34.270 Penalties for violation.

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).

5.34.275 Penalty for nonpayment of fees and/or fines.

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).

5.34.280 Enforcement.

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).

5.34.290 Validity of chapter.

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).

Alarm Ordinance

Chapter 5.34 ALARM SYSTEMS