Beverly Hills Municipal Code Art. 1 Alarm Systems and False Alarms

The purpose of this article is to protect the public health, safety and general welfare by regulating alarm systems and discouraging false alarms. (Ord. 10-O-2591, eff. 1-1-2011)

The provisions of this article shall not be applicable to audible alarms affixed to motor vehicles. (Ord. 10-O-2591, eff. 1-1-2011)

The following definitions shall apply for purposes of this article:

ALARM AGENT: Any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, or installing on any building, place or premises any alarm system.

ALARM BUSINESS: Any person who is engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, monitoring, moving, or installing any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, monitored, moved or installed an alarm system in or on any building, place or premises.

ALARM DISPATCH REQUEST: A notification to police or fire personnel that an alarm system has been activated.

ALARM SYSTEM: An assembly of equipment and devices designed for the detection of smoke, fire, or an unauthorized entry on premises or for alerting others of the commission of an unlawful act, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location. "Alarm system" includes, without limitation, the following: audible alarms; automatic dialing systems; commercial alarms; intrusion alarm systems; fire alarm systems; manual holdup alarm systems; and robbery alarm systems.

AUDIBLE ALARM: An alarm system that, when activated, emits an audible sound designed to be heard at or about the site where the alarm system is installed.

AUTOMATIC DIALING SYSTEM: An alarm system that automatically sends over telephone lines a message or signal indicating the existence of an emergency situation.

CENTRAL STATION: A facility to which alarm systems are connected, where operators supervise the circuits on a continuous basis, and where there is a subsequent relaying of messages by a live voice to the police or fire department.

COMMERCIAL ALARM: An alarm system installed on nonresidential premises.

FALSE ALARM: An alarm dispatch request as to which responding police or fire personnel find no evidence of a fire, criminal offense or attempted criminal offense after completing an investigation of alarm site. A false alarm does not include the activation of an alarm system due to tornadoes, earthquakes, or other violent, uncontrollable acts of nature.

FIRE DEPARTMENT: The city of Beverly Hills fire department.

INTRUSION ALARM SYSTEM: An alarm system signaling an entry or attempted entry into the area protected by the system.

MANUAL HOLDUP ALARM SYSTEM: An alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.

POLICE DEPARTMENT: The city of Beverly Hills police department.

ROBBERY ALARM SYSTEM: An alarm system signaling a robbery or attempted robbery or other crime in progress, which involves potentially serious bodily injury or death. For purposes of this definition, a robbery alarm system includes duress, panic, holdup and robbery in progress alarms.

SUBSCRIBER: Any person that owns, leases, rents, uses an alarm system or makes available for use by his agents, employees, representative or family, an alarm system. (Ord. 10-O-2591, eff. 1-1-2011)

A. Audible alarms shall automatically turn off within fifteen (15) minutes of activation.

B. Each subscriber having an audible alarm affixed to real property shall post a notice containing the name and telephone number of the person to be notified to render repairs or turn off the alarm when the alarm system is activated. Such notice shall be conspicuously posted near the alarm system in such a position as to be legible from the ground adjacent to the building.

C. It shall be the duty of the alarm subscriber to properly use the alarm system and to maintain it mechanically and technically to ensure it is in proper working order at all times.

D. The alarm business or subscriber shall provide to the police and fire departments or their city authorized designee the name and address of the subscriber including the telephone number at which the subscriber may be reached at any time of the day or night or any other emergency contact information. Changes occurring in any names, addresses or telephone numbers provided shall be immediately communicated in writing to the police and fire departments or their city authorized designee.

E. The alarm business and/or subscriber shall be responsible for deactivating any alarm system within one hour after notification or after reasonable efforts have been made to notify such alarm business and/or subscriber that such alarm system has been activated and is ringing.

F. No person shall install, maintain or use an audible alarm that emits a sound similar to an emergency vehicle siren.

G. No person shall install, maintain or use an audible alarm that automatically resets the bell or other audible device.

H. No person shall install, maintain or use any alarm system that automatically dials the Beverly Hills police or Beverly Hills fire department when activated. (Ord. 10-O-2591, eff. 1-1-2011)

At the time a request for police or fire response to an alarm site is made, the alarm business, central station or other answering service shall provide all information required by the police or fire department dispatcher including, but not limited to, the time, date and location of the alarm; the name, address and telephone number of the alarm subscriber or his or her designee; and the cause of the alarm. (Ord. 16-O-2703, eff. 6-17-2016)

Each alarm subscriber or alarm business shall notify the police and/or fire department prior to any service, test, repair, maintenance, adjustment, alteration or installation that might activate a false alarm. For the purposes of this article, any alarm activated where such prior notice has been given shall not constitute a false alarm. (Ord. 10-O-2591, eff. 1-1-2011)

Alarm systems shall be served by an uninterruptible backup power supply that prevents activation of the alarm system due to failure or interruption of normal electric utility service. Such backup power supply shall be capable of operating for at least four (4) hours. (Ord. 10-O-2591, eff. 1-1-2011)

A. It is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property in the city to cause, or to permit, an alarm system on such property to be activated, other than by commission or attempted commission of an unlawful act or detection of smoke or fire which the alarm system is designed to detect. Any response from the police or fire department with respect to such a false alarm shall constitute summary abatement of such a nuisance.

B. Any audible alarm shall be deactivated within fifteen (15) minutes of activation; provided further, failure to deactivate within a period of one hour shall be considered a public nuisance and such alarm noise may be summarily abated. (Ord. 10-O-2591, eff. 1-1-2011)

A false alarm service charge shall be billed to and paid by each subscriber for the false alarms issued by the subscriber's alarm system within a calendar year. Should any service charge remain unpaid in excess of thirty (30) days, a late fee shall be assessed and paid by the subscriber. The service charge and the late fee shall be established by city council resolution. The service charge shall be paid within thirty (30) calendar days following service of notice by mail by the city that the alarm system sustained a false alarm, unless the subscriber files a request for an administrative review pursuant to section 4-4-110 of this chapter. (Ord. 10-O-2591, eff. 1-1-2011)

A. A subscriber may contest the imposition of a false alarm service charge by submitting a request for an administrative review in writing to the chief financial officer within thirty (30) calendar days of the notice imposing the service charge. The assessment of the false alarm service charge is stayed during the pendency of an administrative review, which is properly and timely filed pursuant to this section. The subscriber shall specify the grounds for contesting the service charge and such request shall be accompanied by a fee, if any, in the amount established by city council resolution. Upon receipt, the city shall do all of the following: investigate with its own records and staff the circumstances of the service charge with respect to the contestant's written explanation of the reason or reasons for contesting the service charge. If, based on the results of the investigation, the city is satisfied that the violation did not occur or because legally supportable or mitigating circumstances as set forth in this article warrant a dismissal, the city shall dismiss the service charge and make an adequate record of the reason or reasons for canceling the service charge. The city shall deliver the results of the investigation to the contestant within fifteen (15) days of receipt of the subscriber's request for an administrative review.

B. If the subscriber is not satisfied with the results of the investigation provided for herein, the subscriber may, within twenty one (21) calendar days of the delivery of the results of the initial investigation, deposit the amount of the service charge and the appeal as set by city council resolution or provide proof of an inability to deposit the service charge, and request an appeal. An appeal shall be held within ninety (90) calendar days following the receipt of a request for an appeal. If the subscriber prevails at the appeal, then the full amount of the service charge deposited shall be refunded.

C. The appeal hearing shall be conducted by the city manager or his designee. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal. Failure of any person to file a timely appeal shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice imposing the false alarm service charge.

D. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by the city either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. The decision of the city manager or his designee shall be in writing and shall contain findings of fact and a determination of the issues presented.

E. The notice of decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code Of Civil Procedure section 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the city manager or his designee and served as provided in this section.

F. If the false alarm service charge is upheld, the service charge and any administrative costs shall be paid within thirty (30) days following service of the notice of decision. Administrative costs include any and all costs incurred by the city in connection with enforcement of this article against the subscriber, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing and legal fees. (Ord. 10-O-2591, eff. 1-1-2011)

No person shall intentionally initiate a false alarm except for purpose of testing an alarm system and then only after having given the police and/or fire department prior notice thereof. Any person who violates this section shall be guilty of a misdemeanor. (Ord. 10-O-2591, eff. 1-1-2011)

Every alarm agent, and every person engaged in the business of making, repairing, servicing, altering, replacing, removing or installing an alarm system shall carry on their person at all times while so engaged a valid alarm agent permit as issued by the state and shall display such permit to any police department or fire department personnel upon request. (Ord. 10-O-2591, eff. 1-1-2011)

Nothing in this article shall create or be construed to create a duty upon the police and/or fire departments or city to respond to any alarm system whether or not the alarm was false. An alarm, like any other request for service from the police and/or fire departments, may be responded to within the resources of the police and fire departments at the time of the alarm. (Ord. 10-O-2591, eff. 1-1-2011)