Bell Municipal Code Art. II General Provisions

All alarm systems and equipment required by, or installed pursuant to this chapter shall meet standards acceptable to the alarm administrator in accordance with the standards and practices set forth within this section or hereafter promulgated. In determining the acceptability of installations or procedures, equipment or materials, the alarm administrator may base acceptance on compliance with national fire or other appropriate standards. In the absence of such standards, the alarm administrator may require evidence of proper installation, procedure or use. The alarm administrator may also refer to the listings or labelings practices of nationally recognized testing laboratories, inspections agency or other organizations concerned with product evaluations which are in a position to determine compliance with appropriate standards for the current production of listed items, and the satisfactory performance of such equipment or materials in actual usage.

(Ord. 1180 § 1, 2010)

A. All audible alarm systems, excluding fire alarms that emit sound to indicate the functioning of an automatic fire sprinkler system, shall include a device that will limit the generation of the audible sound of the system to not longer than 15 minutes after activation when the alarm system is protecting a residential structure, and not longer than 30 minutes when the alarm system is protecting a commercial or industrial structure.

B. All audible alarm systems referred to in subsection A of this section shall include an automatic resetting device which shall cause the system to be rearmed upon automatic reset.

C. Any audible alarm system which does not automatically reset and/or rearm itself as provided in this section, and which generates an audible sound in excess of the time limitations prescribed in this chapter, is declared to be a public nuisance and may be summarily abated by the alarm administrator. Such summary abatement shall not be a bar to any other remedy provided in this chapter, or at law, including but not limited to revocation and/or suspension of any permit issued for such alarm or alarm system and/or criminal prosecution.

(Ord. 1180 § 1, 2010)

The alarm administrator shall have the right to require an inspection of any alarm system, whether direct or indirect, including any telephone device or connection, on the premises where it is intended to function prior to issuance of any permit for its operation and may cause an inspection of such system or systems to be made at any time after issuance of a permit to determine whether they are being used in conformity with the terms of the permit and provisions of this chapter.

(Ord. 1180 § 1, 2010)

A. There shall be a service charge, which may be set forth by resolution, assessed against the following persons and under the following circumstances:

1. Against the permittee when a police response occurs as a result of a second false alarm from an alarm system at the same address or location within the same calendar year;

2. Against the permittee when a police response occurs as a result of a fourth false alarm from an alarm system at the same address or location within the same calendar year;

3. Against the permittee when a police response occurs as a result of a fifth and/or subsequent false alarm from an alarm system at the same address or location within the same calendar year;

4. Against any person owning, maintaining or using an alarm system when such system is the source or cause of any false alarm resulting in a police or fire response and no permit has been issued for such alarm system or, if issued, has expired or been suspended or revoked.

B. There may be a service charge assessed against any person who intentionally, or in violation of the law, reports or causes to be reported, a false alarm to any agency of the city. The service charge will be based on the costs incurred by the city agency as a result of the emergency response. The service charge shall constitute a debt of that person and is collectible by the city in the same manner as in the case of any obligation under contract, expressed or implied.

(Ord. 1180 § 1, 2010)

A. The costs incurred by personnel utilized while on special assignment shall be assessed against the permittee, according to a fee schedule which may be set forth by resolution. This special assignment assessment shall include personnel and equipment costs expended during a police response while on special assignment.

B. The special assignment assessment shall be charged in addition to appropriate service charges.

(Ord. 1180 § 1, 2010)

A. It is unlawful for any person to install or use any alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. Any such alarm is declared to be a public nuisance and may be summarily abated by the alarm administrator.

B. It is unlawful for any person to use, or permit or cause to be used, any telephone device or telephone attachment that automatically selects a primary trunk line and then reproduces any prerecorded message to report any crime, fire or medical emergency.

C. It is unlawful for any person to fail or refuse to permit an inspection provided for in this chapter when requested to do so by any member or representative from the city police division.

D. It is unlawful for any person to provide, install or maintain at any location or site within the city any alarm system without first having obtained a license in connection therewith as required by the Department of Consumer Affairs or other state or federal agency.

(Ord. 1180 § 1, 2010)

A. It is unlawful to assign or transfer, or to attempt to assign or transfer, any permit issued pursuant to the provisions of this chapter.

B. Any such assignment or transfer shall be null and void and of no legal effect for any purpose whatsoever.

(Ord. 1180 § 1, 2010)

A. The alarm administrator is authorized and empowered to adopt, modify, amend or delete from time to time such rules and regulations as are necessary to fulfill and further the purposes and intent of this chapter. Such rules and regulations shall become effective upon approval by the city council by ordinance, resolution or motion, and thereafter shall have the full force and effect of law.

B. Such rules and regulations shall be in writing and shall be given to the permittee at the time of first issuance of a permit. Any subsequent changes or modifications in such rules and regulations shall be given upon renewal of said permit or upon request of the permittee, whichever shall occur first.

C. A copy of all current rules and regulations promulgated under this section shall be kept on file in the police division and made available for public inspection upon request.

(Ord. 1180 § 1, 2010)

A. Any records required by, or submitted pursuant to, this chapter shall be deemed to be confidential in nature, and neither the records nor the contents thereof shall be provided for, or disclosed to, any person except the applicant/permittee, his or her duly authorized representative, or as provided in subsection B of this section.

B. Nothing in subsection A of this section, or otherwise in this chapter, shall be construed to prevent disclosure of such records or their contents to duly authorized city officials, employees or other persons reasonably necessary to implement or administer the provisions of this chapter, or to prevent compliance with any applicable municipal, county, state or federal records disclosure law.

C. All records submitted pursuant to this chapter shall be maintained by the alarm administrator and shall be kept in the police division unless returned to the applicant or permittee. Such records may be destroyed in any manner provided by law.

(Ord. 1180 § 1, 2010)

The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying any permit fee, service charge, or special assignment assessment due and unpaid at the time of such conviction, nor shall the payment of any permit fee, service charge, or special assignment 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 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 permit fee, service charge or special assignment assessment 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. All permit fees shall be deemed delinquent 30 days after expiration of the permit.

(Ord. 1180 § 1, 2010)

All permits issued by the city for alarm systems which are current and valid on the date the ordinance codified in this chapter takes effect shall continue to be valid until the expiration date shown on such permit, after which such permittee shall comply with the provisions of this chapter.

(Ord. 1180 § 1, 2010)

A. By resolution, the city council shall establish or modify:

1. The amount or the rate of the fees and charges under this chapter; and

2. The payment due date and delinquent payment date of the fees and charges under this chapter.

B. To reflect cost-of-living changes and to ensure that changing economic conditions do not impair the real value of the fees and charges under this chapter, on July 1st of each year, the alarm administrator shall:

1. Review each fee and each charge; and

2. Adjust the fee, or the charge, or both:

a. Upward or downward by the same percentage increase or decrease occurring during the previous 12 months, in the Consumer Price Index for All Urban Consumers ("CPI-U") for the Los Angeles-Orange County-Riverside Metropolitan Area (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available, and

b. To the nearest one dollar.

C. In addition to adjusting the fees and charges for the cost-of-living changes annually under subsection B of this section, the alarm administrator, at any time, shall recommend, with the city chief administrative officer's approval, that the city council revise the fees and charges when a change in either the administration of the emergency alarm permits or the cost of police response makes the revision appropriate.

D. The alarm administrator may prepare, adopt, amend, and enforce rules, regulations, or procedures for calculating, collecting, paying, and administering the fees and charges under this chapter.

E. A copy of the resolution establishing the current fees and charges under this chapter will remain on file, and will be available for inspection, in the police department.

(Ord. 1180 § 1, 2010)

When a person fails, neglects, or refuses to pay or remit the fees and charges authorized by this chapter, or when a person otherwise pays that fee but later cancels or stops payment on it, and in either situation that fee's payment, collection, or remittance is lawfully due or owing, the entire amount of the unpaid, uncollected, or non-remitted emergency alarm fee constitutes a debt to the city by that person from whom the city may recover in a civil action.

(Ord. 1180 § 1, 2010)