Arcadia Municipal Code Ch. 9 Alarm Systems—law Enforcement Security Alarm Systems

The City of Arcadia finds and determines that the regulation of security alarm systems and the control of false security alarms are necessary to promote the health, welfare and safety of the people. Many security alarm systems currently in use either mechanically malfunction, or are not operated properly by their users, causing an increase in false security alarm reports, thereby constituting a hazard and wasted time for peace officers, communications personnel and the public in general. The City Council determines and finds that the high rate of "false security alarms" is extreme, and that the remedies set forth in this Chapter, including without limitation cost assessments, are necessary to address and remedy this problem and its negative impact on the services of the City and the taxpayers of the community.

For the purpose of this Article, the following definitions will apply:

A. "Security alarm system" is any device designed for the detection of an unauthorized entry on or into any building, place, or premises or for alerting others of the commission of an unlawful act and which, when activated, emits a sound or transmits a signal to indicate that an emergency exists, to which police personnel are expected to respond.

B. "Security alarm business" shall mean any person, firm or corporation conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring a security alarm system in or on any building, place, premises or vehicle.

C. "Security alarm agent" shall mean any person who is self-employed or employed by a security alarm business, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing a security alarm system in or on any building, place, premises or vehicle.

D. "Audible security alarm" is a device designed to activate upon an unauthorized entry, or attempted entry, into a structure and which sounds an audible signal on the premises.

E. "Security alarm user" is any person using a security alarm system at his/her residence or place of business. This includes any person inside the residence or business with permission.

F. "Direct dial telephone device (automatic dialing device)" is any device interconnected to a voice grade telephone line and which is programmed to select a predetermined telephone number and which transmits by prerecorded voice message or code signal an emergency message indicating a need for an emergency response.

G. "False security alarm" shall mean the activation of a security alarm system necessitating response by the Arcadia Police Department where an emergency situation for which the security alarm system was designed or used does not exist. Alarms that are activated by a person or persons who have a reasonable belief under the particular circumstances that activation was necessary shall not be deemed "false security alarms." "False security alarm" shall not include a security alarm system activated as a result of authorized servicing, testing, maintenance, adjustments, alterations or installations thereof, provided that the respective permitee or authorized agent thereof notifies the Arcadia Police Communications Center as required pursuant to Section 3905(B) prior to commencement of any of the aforesaid activities. Security alarms that result from natural causes, acts of God, or power failures beyond the control of permitee are not deemed to be "false security alarms."

H. "Person" shall mean any individual, partnership, corporation or other entity.

I. "Residential" means premises used as dwelling units, which includes without limitation apartments and lodging houses.

J. "Business" shall mean any premises used as nonresidential premises. ;hn0; (Amended by Ord. 2243 adopted 7-15-08)

No person shall install, or cause to be installed, used or maintained, or possess a security alarm system on any business premises owned or in the possession or control of such person within the City of Arcadia without filing an emergency notification card ("card") and application in accordance with this Section. The card and application shall be filed with the City's Business License Officer who shall prescribe the form of the card and application, and request such information as is deemed by the Business License Officer to be reasonable and necessary. The card and application shall include, at a minimum, the address of the business premises where the security alarm system is to be located and the name, address, and telephone number of the applicant and persons who will render service or repairs to the security alarm system, or its location, during any and all hours of the day or night, and any other information required in order to process the card and application, including without limitation information applicable to Arcadia Municipal Code Sections 3904, 3905 and 3906.

Whenever any change occurs relating to the written information provided on the card and application described in Section 3902, written notice of such change shall be given to the City's Business License Officer within five (5) working days of any such change in information.

All security alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution or ordinance of the City Council of the City of Arcadia. The City reserves the right to inspect all security alarm systems subject to all applicable laws, including without limitation Code of Civil Procedure Section 1822.50 et seq. (Inspection Warrants). All new security alarm systems shall meet or exceed the minimum standards for security alarm systems established by this Chapter.

A. Automatic Deactivation—Audible Security Alarms. Audible residential security alarms shall be equipped with an automatic shut-off or reset mechanism capable of terminating the audible annunciator after activation within fifteen (15) minutes. Audible business security alarm systems shall be equipped with an automatic shutoff or reset mechanism capable of terminating the annunciator after activation within thirty (30) minutes.

B. Maintenance Notification. The security alarm user shall contact the Arcadia Police Department Communication Supervisor or Watch Commander prior to any service, test, repair, maintenance, alteration or installation of a security alarm system which might produce a false security alarm. Any security alarm activated where such prior notice has been given shall not constitute a false security alarm.

C. Power Supply. Security alarm systems shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the security alarm system. The power supply must be capable of at least four (4) hours of operation without the assistance of normal utility electricity.

D. Repairs. When any false security alarm caused by a malfunction of a security alarm system has occurred, the security alarm user shall promptly cause the security alarm system to be repaired to eliminate the malfunction. The security alarm system annunciator shall be disconnected while repairs are being made.

E. Direct Dial Telephone Devices. No person shall install any security alarm system which directly dials any telephone number of the Arcadia Police Department, except as authorized in writing by the Police Chief.

No person shall install any security alarm system without the prior approval of the City's Business License Officer of his/her designee after review by the police and other City departments as deemed necessary by the Business License Officer to assure compliance with the security alarm system standards as established by the City and without first making payment to the City of the established annual (three hundred sixty-five (365) days) alarm permit fee, as set by resolution of the City Council from time to time. ;hn0; (Amended by Ord. 2243 adopted 7-15-08)

Whenever it is determined that a security alarm user has failed to meet any of the standards of this Chapter or related resolutions or regulations adopted by the City, the City's Business License Officer is authorized to direct in writing that the user of that security alarm system disconnect the system until it is made to comply with said requirements. Failure to comply with this direction shall constitute a misdemeanor. Any alarm company that continues to report the activation of an ordered disconnected or unpermitted alarm to the Police Department shall be in violation as well, and any such violation shall constitute a misdemeanor. It shall be a violation of this Code for any alarm company to report activation from an unpermitted alarm in the City, and any such violation shall constitute a misdemeanor. ;hn0; (Amended by Ord. 2243 adopted 7-15-08)

Any person or business having a security alarm system which results in an Arcadia Police Department response in which the security alarm proves to be a false security alarm, shall pay a cost assessment fee to the City of Arcadia as established from time to time by resolution of the City Council. There will be no penalty assessment for any false security alarms that occur within thirty (30) calendar days of the initial completed installation of a new security alarm system. A false security alarm cost assessment shall be paid to the City after three (3) false security alarms have been received from any one (1) source from any one (1) security alarm system, in accordance with the following schedule:

A. The first and second false security alarms in any consecutive three hundred sixty-five (365) day period will incur no cost assessment.

B. For the third false security alarm in any consecutive three hundred sixty-five (365) day period, there will be a cost assessment as set forth by resolution of the City Council.

C. For the fourth false security alarms in any consecutive three hundred sixty-five (365) day period, there will be a higher cost assessment than the third false alarm assessment, as set forth by resolution of the City Council.

D. For the fifth and all subsequent false security alarms in any consecutive three hundred sixty-five (365) day period, there will be a higher cost assessment than the fourth false alarm assessment, as set forth by resolution of the City Council.

E. Notwithstanding any provisions herein to the contrary, for each false security alarm which specifically signals a robbery or panic alarm regardless of any other crime, there shall be a cost assessment as set forth by resolution of the City Council, commencing with the second false security alarm in any consecutive three hundred sixty-five (365) day period. After one (1) "robbery" or "panic" false security alarm, the City shall issue a warning notice to the security alarm user. As set forth in Penal Code Section 211, "robbery" means the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear.

The purpose of Section 3907 is, in part, to assure that assessment shall apply to any person or business whose security alarm system results in at least three (3) false security alarms or two (2) robbery or panic alarms within any consecutive three hundred sixty-five (365) day period. Any false security alarm within any three hundred sixty-five (365) day period shall be counted as part of the calculation of cost assessments set forth by resolution of the City Council. Accordingly, a person cannot be cleared of any false security alarms in this determination, unless that person's security alarm system does not register any false security alarms for at least three hundred sixty-five (365) consecutive days. ;hn0; (Amended by Ord. 2212 adopted 11-15-05; amended by Ord. 2243 adopted 7-15-08)

Any security alarm system that registers seven (7) false security alarms in any consecutive three hundred sixty-five (365) day period is deemed to constitute a public nuisance and shall be subject to an order to deactivate said alarm system, subject to reinstatement as set forth in Section 3908.1. The order to deactivate shall be made by the City's Business License Officer by written notice to the security alarm user. It shall require deactivation (removal) of the security alarm system so as to place it in a non-response mode. Within three (3) business days of the date of the notice, the person subject to the order may request review of the decision. This request must be submitted to the City's Business License Officer in writing and may include written materials and communications in support of the request for review. Upon receipt of the request, the Business License Officer shall schedule a meeting with the appellant to review the order. The failure of appellant to appear at the meeting shall constitute a waiver of any right to appear. Within two (2) business days of the date of the meeting or failure to appear, the Business License Officer shall render a final decision (notice) in writing. Deactivation, if applicable, shall be effective as of the date set forth in the final decision of the Business License Officer.

Upon providing proof satisfactory to the Business License Officer, in his/her reasonable discretion, that justifies renewed use of a security alarm system, the system may be reactivated subject to the following conditions:

A. Payment of a reactivation fee in the amount of thirty-five dollars ($35.00) or as otherwise established by resolution of the City Council from time to time.

B. Inspection of the security alarm system and premises to be protected by the Police Department.

C. Any other conditions deemed necessary by the Chief of Police.

Any person who violates any provision of this Chapter, including without limitation, noncompliance with the Business License Officer's Final Deactivation Notice, shall be guilty of a misdemeanor. The conviction or punishment of any person for violation of the provisions of this Chapter or for failing to deactivate as required by this Chapter shall not relieve such person from paying any fee or cost assessment due and unpaid at the time of such conviction, nor shall the payment of any cost assessment prevent criminal prosecution for the violation of any of the provisions of this Chapter. All remedies shall be cumulative, and the use of one (1) or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. The amount of any fee or charge 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 recovery of the amount of any delinquent fees or cost assessment. All fees and cost assessments shall be deemed delinquent if the City does not receive them within ten (10) calendar days after they are due and payable. A person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person.

Subject to the California Public Records Act, information furnished and secured pursuant to this Chapter shall be deemed confidential in character and shall not be subject to public inspection.

(Chapter 9 repealed and new chapter 9 added by Ord. 2209 adopted 8-2-05)