Chapter 91 — ALARM SYSTEMS

This chapter shall be known as the False Alarm Ordinance and may be cited as such. The purpose of the False Alarm Ordinance is to regulate alarm system users, alarm systems and each alarm company operator in order to minimize the occurrence of false alarm activations within the city.

(‘83 Code, § 8.36.010) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALARM BUSINESS PERMIT. A permit validly issued pursuant to § 91.15.

ALARM COMPANY OPERATOR. Any person, individual, partnership, corporation, or other form of association that engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service intrusion, property, burglary, robbery, panic alarms, or other alarm system located in the city. This includes alarm company operators located outside the city limits and which monitor alarms installed within the city limits.

ALARM SYSTEM or ALARM DEVICE. Any system, device, or mechanism which, when activated, transmits a

telephonic, wireless, electronic, video, or other form of message to an alarm company operator, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm. An ALARM SYSTEM or ALARM DEVICE may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm company operator via telephonic, wireless, electronic, video, or other form of message. NON-MONITORED ALARM SYSTEMS are also included in this definition.

ALARM SYSTEM USER. The person having or maintaining a property, intrusion, burglary, robbery, panic, or other alarm system.

ALARM SYSTEM USER PERMIT. A permit validly issued pursuant to § 91.17.

BURGLARY ALARM. See PROPERTY ALARM .

CHIEF OF POLICE. The Chief of the Baldwin Park Police Department, or his or her designee.

DIRECTOR. The Chief of Police or his or her designee or a vendor approved by the City Council.

FALSE ALARM. The reporting of the activation of any monitored or non-monitored alarm system or private alarm system where police arrive at the premises and determine there is no evidence of intrusion, commission of an unlawful act, or emergency on the premises that would warrant a call for police assistance or investigation. An alarm shall be presumed to be false if the responding police do not locate evidence of intrusion, commission of an unlawful act, or emergency on the premises that might have caused the alarm to sound. When responding police find unsecured doors or windows where there is no evidence of forced entry or other evidence of criminal intent, the alarm is presumed to be false. This definition includes signals activated by negligence, accident, mechanical failure, electrical failure

signals activated intentionally in non-emergency situations and signals for which the actual cause is unknown. An

alarm is not false if the alarm system user, alarm company operator or person operating or maintaining a private alarm system proves:

(1) An individual activated the alarm based on a reasonable belief an emergency or actual or threatened criminal activity requiring immediate response existed; or

(2) The security system was activated by a violent condition of nature, including, but not limited to, tornadoes, floods, earthquakes or lightning, or by an electrical surge that caused physical damage to the alarm system. FIRE ALARM. A signal initiated by a device such as a manual fire alarm box, automatic fire detector, waterflow switch, smoke detector, or other device which, when activated, is indicative of the presence of a fire or fire signature. FIRE ALARMS shall be exempt from the provisions of this chapter except for fire alarms called in erroneously as an intrusion, burglary, robbery, property, or other alarm. In those situations, the alarm company operator or operator of the private alarm system shall be assessed a false alarm administrative fine.

INTRUSION ALARM. See PROPERTY ALARM .

MEDIC ALARM. Any system, device, or mechanism manually activated by an individual for the sole purpose of notifying emergency services of a medical emergency.

MONITORED ALARM SYSTEM. Any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message or communication to a private monitoring company, other number, or person who can then notify police that an alarm has been activated. This includes all systems which transmit telephonic, wireless, electronic, video, or other form of message from an alarm installed within the city limits to any location outside of the city limits (e.g., an alarm monitoring center located in a state other than California). All alarms that are monitored, except fire alarms, are included within the definition of MONITORED ALARM SYSTEM ; e.g., any monitored burglary, intrusion, panic, premises, property, robbery, or other type of alarm device.

NON-MONITORED ALARM SYSTEM. Any alarm system that emits an audible or visible signal that can be heard

or seen by persons outside the protected premises, but which is not monitored by an alarm company operator. PANIC ALARM. See ROBBERY ALARM .

PERSON. Any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of California; any political subdivision or municipal corporation thereof.

POLICE DEPARTMENT or POLICE. The Baldwin Park Police Department and includes other law enforcement agencies assisting the Baldwin Park Police Department.

PREMISES or PROTECTED PREMISES. Any real property and any portion of any real property, within the city, protected by an alarm system or private alarm system.

PRIVATE ALARM SYSTEM. Any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, to some other location, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except:

(1) Any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm; and

(2) Any alarm system listed by an alarm system operator pursuant to § 91.22(B).

PRIVATE ALARM SYSTEM PERMIT. A permit validly issued pursuant to § 91.15.

PROPERTY ALARM , INTRUSION ALARM , and BURGLARY ALARM. Any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors and, when activated, transmits a telephonic, wireless, electronic, video, or other form of message, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises. For purposes of this chapter, alarms on automatic teller machines (ATMs) are included in this definition.

RESPONDER. A private guard, alarm company guard, private entity, or person contacted by an alarm company operator, or any other person, who verifies there is evidence of intrusion, commission of an unlawful act, or emergency on the premises that would warrant a call for police assistance or investigation for a property alarm, intrusion alarm, or burglary alarm. Any responder for an alarm company operator requesting police response will notify the police dispatcher what alarm company operator requested them to respond and that responder will meet police at the premises.

ROBBERY ALARM and PANIC ALARM. Any system, device, or mechanism manually activated by an individual on or near a premises, to alert others a robbery or any other crime is in progress, or the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:

(1) It is designed to be manually activated by an individual for the purpose of summoning assistance to the protected premises;

(2) It transmits a telephonic, wireless, electronic, video, or other form of message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the protected premises.

VALID ALARM. A property alarm, intrusion alarm, burglary alarm, robbery alarm or panic alarm activation to which police respond and determine there is evidence of intrusion, commission of an unlawful act, or emergency on the premises that might have caused the alarm to sound.

(‘83 Code, § 8.36.020) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

(A) No person shall operate or use an alarm system or private alarm system that emits an audible sound where such emission does not automatically cease within ten minutes. (‘83 Code, § 8.36.100)

(B) No person shall operate or use an alarm system or private alarm system, which automatically dials the Baldwin Park Police Department directly and delivers a prerecorded message; provided, that this provision does not apply to Medic Alarms.

(‘83 Code, § 8.36.120) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10) Penalty, see § 91.99

Statutory references:

Noise control, see Cal. Health and Safety Code §§ 46000 et seq.

Any notice required by this chapter to be mailed shall be sent by ordinary mail, addressed to the address as reflected in the records of the Director. Failure to receive such notice shall not relieve the obligation to pay any fee, interest, or penalty, nor shall such failure extend any time limit. It is the responsibility of the alarm company operator or the person operating or maintaining the private alarm system who was assessed the fine to inform the Director in writing about a change in address, pursuant to § 91.22.

(Ord. 1329, passed 6-2-10)

Nothing in this chapter imposes or creates any express or implied duties or obligations on the part of the city, its Police Department or any other governmental agency. Nothing in this chapter creates any express or implied duty or obligation for the Police Department to respond to an alarm device activation of any sort, whether verified or not. Any

and all liability or consequential damage resulting from the failure to respond to an alarm device activation of any sort is hereby disclaimed and governmental immunity as provided by law is retained by the city. (‘83 Code, § 8.36.130) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

The Chief of Police shall have broad discretion to promulgate, execute and enforce policies, procedures and directives as may in his or her discretion be necessary to implement the provisions of this chapter, including appointment of the Director. Such powers of the Chief of Police shall include, but are not limited to, the power to promulgate, execute and enforce a policy, not inconsistent with the provisions of this chapter, regarding dispatch of officers to any alarm device activation, whether or not it is a valid alarm.

(‘83 Code, § 8.36.040) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

REGULATORY PROVISIONS

(A) Any alarm company operator installing, maintaining, altering, selling on premises, monitoring, or servicing alarm systems within the city limits, whether that company is located within California or outside California, is required to maintain an alarm business permit in order to install, maintain, alter, sell on premises, monitor, or service alarm systems within the city.

(B) An alarm business permit or private alarm system permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to § 91.30. Issuance of an alarm business permit or private alarm system permit does not create any property right in that permit.

(C) No person shall use an alarm company operator for an alarm system, unless that alarm company operator has a current, valid alarm business permit.

(D) No person shall install or operate a private alarm system until that person has obtained a valid private alarm system permit.

(‘83 Code, § 8.36.030) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

(A) Any alarm company operator installing, maintaining, altering, selling on premises, monitoring, or servicing an alarm system within the city limits, whether that company is located within California or outside California shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate as an alarm company operator. The application shall (i) be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official, as is appropriate for the form of the business seeking the permit, (ii) set forth the owner’s name, age, business and residence address if a natural person, the name, age, business and residence address of each partner if a partnership, and the names of the principal officers and business address if a corporation, and (iii) shall include a statement the applicant will inform the Police Department within ten days after any substantial change in the information required by this chapter.

(B) Applicants already doing business in the city before the date set forth in division (A) above, may continue to do business while their permit application is being processed. An applicant not doing business in the city on the date set forth in division (A) above, shall not commence doing business until its application is approved.

(C) Each application for an alarm business permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council.

(D) Any person installing, maintaining, altering, monitoring, a private alarm system within the city limits shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate the private alarm system. The application shall (i) be signed by the individual operating the private alarm system, (ii) set forth that person’s name, age and business and residence address, and (iii) shall include a statement the applicant will inform the Police Department within ten days after any substantial change in the information required by this chapter.

(E) Applicants already operating a private alarm system in the city before the date set forth in division (D) above, may continue that operation while their permit application is being processed. An applicant not operating a private alarm system in the city on the date set forth in division (D) above, shall not commence that operation until a private alarm system permit is approved.

(F) Each application for a private alarm system permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council.

(‘83 Code, § 8.36.030) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

(A) Any alarm system user within the city limits is required to maintain an alarm system user permit for each alarm system used by that person within the city.

(B) An alarm system user permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to § 91.30. Issuance of an alarm system user permit does not create any property right in that permit.

(C) No person shall use an alarm system unless that person has a current, valid alarm system user permit. (‘83 Code, § 8.36.030) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

(A) Any alarm system user using an alarm system within the city limits shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to use an alarm system. The application shall:

• (1) Be signed by the individual responsible for the use the alarm system at the subject location,

• (2) Set forth that person’s name, age, business and residence address,

• (3) Include the date of installation of that alarm system,

(4) Include the name, address, and telephone number of the alarm company operator who installed the alarm system, the alarm company operator who is monitoring the alarm system if different from the one who installed that alarm system, and the alarm company operator responsible for providing repair service to the alarm system, if different from the one who installed or is monitoring that alarm system,

(5) Include a statement the alarm system user will inform the Police Department within ten days after any substantial change in the information required by this chapter,

(6) Include a statement a set of written operating instructions for that alarm system, including written guidelines on how to avoid false alarms, have been left with the alarm system user by the alarm company operator, and

• (7) The alarm company operator has trained the alarm system user in proper use of the alarm system, including instructions on how to avoid false alarms.

(B) Applicants already using an alarm system in the city before the date set forth in division (A) above, may continue to use and have that alarm system while their permit application is being processed. An applicant not having or using an alarm system in the city on the date set forth in division (A) above, shall not commence using or having an alarm system until its application is approved.

(C) Each application for an alarm system user permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council.

(D) If an alarm company operator monitors or installed the alarm system for which a permit is required pursuant to this section, then the fees required by division (C) above, or § 91.065 shall be paid by that alarm company operator.

(E) The alarm company operator referred to in division (D) above, shall be jointly and severally responsible for the filing of the required application.

(Ord. 1329, passed 6-2-10)

Within seven days after installation of each alarm system in the city, the alarm company operator referred to in § 91.055(D) above, shall notify the Director that alarm system has been installed.

(‘83 Code, § 8.36.030) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

(A) An alarm business permit or private alarm system permit shall expire on the first day of the calendar month following 11 full calendar months after the month the permit was issued (the “expiration date”).

(B) An alarm business permit or private alarm system permit renewal shall be dated the expiration date of permit being renewed. No renewal permit will be issued until (i) a new signed and complete application is submitted to the city, and (ii) the alarm business permit or private alarm system permit fee and any administrative fines or penalties previously imposed on the alarm company operator or person, as applicable are paid. A late charge, the amount of which shall be established by resolution of the City Council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in § 91.32.

(Ord. 1329, passed 6-2-10)

(A) An alarm system user permit shall expire on each January 1 after the permit is first issued (the “user expiration date”).

(B) An alarm system user permit renewal shall be dated the user expiration date of permit being renewed. No renewal permit will be issued until (i) a new signed and complete application is submitted to the city, and (ii) the alarm system user permit fee and any administrative fines or penalties previously imposed on the alarm system user are paid. A late charge, the amount of which shall be established by resolution of the City Council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in § 91.32.

(Ord. 1329, passed 6-2-10)

(A) Within ten days following any change of circumstances which renders obsolete any of the information submitted pursuant to § 91.16, the permittee shall file an amendment to the application setting forth the currently accurate information. No additional fee shall be required.

(B) Each alarm system operator shall keep on file with the Chief of Police a current list of each protected premises serviced by that by that alarm system operator.

(C) A person shall keep on file with the Chief of Police a current list of each protected premises owned or controlled by that person at which that person operates or maintains a private alarm system.

(‘83 Code, § 8.36.030) (Ord. 887, passed - -85; Am. Ord. 1329, passed 6-2-10)

SUSPENSION; REVOCATION

(A) The Chief of Police may suspend or revoke, in his or her reasonable discretion, an alarm business permit, private alarm system permit or alarm system user permit based upon one or more of the following grounds, as applicable:

(1) If an applicable alarm system or private alarm system results in more than five false alarms in any 12-month period.

• (2) Any false or incomplete statement made on the permit application.

• (3) Programming of an automatic dialer to select any city telephone line.

• (4) Maintenance, installation or use of the alarm system or private alarm system in violation of any applicable federal, state or local law, ordinance or regulation, including the requirements of this chapter.

• (5) Failure to provide current information as required in § 91.22.

(6) The failure of an alarm company operator employee or person operating or maintaining a private alarm system to identify himself or herself by operator number, company name, address and phone number at the request of a police dispatcher.

• (7) Failure to remit payment of fees, administrative fines or penalties in accordance with this chapter.

(8) Failure of an alarm company operator to comply with any applicable federal, state or local law, ordinance or regulation governing the alarm company operator’s operations.

(9) Failure of the person operating or maintaining a private alarm system to comply with any applicable federal, state or local law, ordinance or regulation governing that person’s maintenance or operation of a private alarm system.

(10) Failure of an alarm system user to comply with any applicable federal, state or local law, ordinance or regulation governing that person’s maintenance or operation of an alarm system.

(11) The criminal conviction of an owner, principal, officer or operator of an alarm company operator for any felony whatsoever, or any misdemeanor offense involving moral turpitude. The Chief of Police’s decision to either suspend or revoke an alarm business permit on the grounds set forth in this division (A) shall be based upon the severity of the violation, including, but not limited to, consideration of the following factors:

• (a) The materiality and nature of any false or incomplete statement made on the permit application,

• (b) The number and severity of any prior instances of failure to comply with federal, state or local laws, ordinances or regulations, including the provisions of this chapter, by the alarm company operator,

• (c) The amount of fees, administrative fines or penalties owed and unpaid by the alarm company operator, or

(d) The nature of the criminal conviction of an owner, principal, officer or operator of an alarm company operator.

(B) If the Chief of Police determines there is cause for the suspension or revocation of a permit, then he or she shall mail a notice of suspension or revocation to the principal of the alarm company operator, as provided on the alarm business permit, or the person to whom a private alarm system permit or alarm system user permit has been issued

stating the suspension or revocation will be effective 30 days after the date of mailing, unless a notice of appeal is filed with the City Clerk in accordance with § 91.42.

(C) An alarm company operator operating an alarm system after the alarm business permit has been suspended or revoked shall be a violation of this chapter.

(D) A person operating or maintaining a private alarm system after the private alarm system permit for that private alarm system has been suspended or revoked shall be a violation of this chapter.

(E) A person using any alarm system after the alarm system user permit has been suspended or revoked shall be a violation of this chapter.

(Ord. 1329, passed 6-2-10) Penalty, see § 91.99

Any alarm company operator, any alarm system user or the person to whom a private alarm system permit has been issued aggrieved by the action of the Chief of Police in suspending or revoking an alarm business permit, a private alarm system permit or alarm system user permit, as applicable, under this chapter may, within ten days after such action, appeal to the city by filing written notice with the City Clerk and paying the fee established by resolution of the City Council. The Chief Executive Officer or his or her designee shall then review the determination or decision of the Chief of Police in the matter appealed from and may approve, disapprove or modify such determination or decision. Such review shall be conducted no later than 30 days after the date of the filing of the appeal, unless both the Chief of Police and appellant agree in writing the Chief Executive Officer may decide the matter at a later date, not to exceed 90 days after the date of the filing of the written notice of appeal with the City Clerk. The action of the Chief Executive Officer under this section shall be final and conclusive.

(Ord. 1329, passed 6-2-10)

An alarm company operator whose alarm business permit, person whose private alarm system permit or person whose alarm system user permit has been suspended may have the permit reinstated upon proof, to the satisfaction of the Chief of Police, the grounds for suspension no longer exist and upon payment of a reinstatement fee in an amount established by resolution of the City Council.

(Ord. 1329, passed 6-2-10)

FINES

(A) False alarm administrative fine for alarm system user. An alarm system user shall pay to the city, within 30 days after the date of an invoice, an administrative fine for each false alarm generated by each alarm system in excess of one false alarm per calendar year. An alarm system user shall be responsible for the payment of the false alarm administrative fines for all false alarms for monitored or non-monitored alarm systems. The amount of the administrative fine for each false alarm shall be established by resolution of the City Council.

(B) False alarm administrative fine for private alarm system . A person operating or maintaining a private alarm system shall pay to the city, within 30 days after the date of an invoice, an administrative fine for each false alarm generated by that private alarm system in excess of one false alarm per calendar year. The amount of the administrative fine for each false alarm shall be established by resolution of the City Council.

(C) Fines cumulative . Administrative fines for each false alarm are cumulative and not exclusive.

(‘83 Code, § 8.36.060) (Ord. 887, passed - -85; Am. Ord. 1111, passed 2-21-96; Am. Ord. 1329, passed 6-2-10; Am. Ord. 1375, passed 7-15-15)

(A) Payment of any administrative fine under this chapter is due within 30 days after the invoice date or within an extension of time granted by the Director. If payment is not received on or before 30 days after the date it became due, then a penalty in an amount established by resolution of the City Council shall be imposed.

(B) The permittee shall be notified by mail of the amount of any penalties so added or assessed; the same shall become due and shall be paid within ten days after the date of such notice.

(‘83 Code, § 8.36.140) (Ord. 887, passed - -85; Am. Ord. 1111, passed 2-21-96; Am. Ord. 1329, passed 6-2-10)

(A) The manner of assessing administrative fines and methods to appeal such fines shall comply with all the procedures specified in Chapter 15 of Title I of this code, unless in conflict with the provisions of this chapter.

(B) A separate written request for an administrative hearing must be filed for each administrative fine assessed. Multiple administrative fines, even if assessed against the same alarm company operator, alarm system user or the person to whom a private alarm system permit has been issued cannot be appealed on a single request for hearing form.

(C) Within ten days after the filing of a request for an administrative hearing and paying the appeal fee therefor, the City Clerk shall give notice to the requesting party of the date, time and place of the hearing. The hearing shall be set on a date that is no less than ten days and no more than 60 days after the date of the notice.

(D) A request for an administrative hearing must be accompanied by a deposit in the amount of the administrative fine. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit and fee required. If the requesting party prevails on appeal, then the amount deposited will be refunded within ten days after the date of decision.

(E) The hearing officer on all appeals of administrative fines assessed pursuant to this chapter shall be the Director. A representative for the alarm company operator that has been assessed the fine, the alarm system user who has been assessed the fine or the person issued the private alarm system permit who was assessed the fine must appear at the administrative hearing. The failure of the alarm company operator representative, alarm system user or the person issued the private alarm system permit who was assessed the fine to appear at the administrative hearing shall constitute a waiver of the right to a hearing on the citation and any defenses to the citation the alarm company operator, alarm system user or the person issued the private alarm system permit who was assessed the fine may have had. The alarm company operator’s or alarm system user’s deposit or the deposit from the person operating or maintaining the private alarm system who was assessed the fine shall be forfeited without further action. A failure to appear at the administrative hearing shall also constitute a failure to exhaust administrative remedies.

(F) The remedies set forth in this chapter are non-exclusive and the city may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter. (Ord. 1329, passed 6-2-10)

A violation of any provision of this chapter shall be deemed an infraction or a misdemeanor, in the city attorney’s discretion; shall be punished as provided in § 10.99 of this code. A violation of any provision of this chapter shall also

constitute a nuisance.

(Ord. 1329, passed 6-2-10)