Blythe Municipal Code Ch. 5.77 Security Alarm Systems

Footnotes:

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Editor's note— Ord. No. 839, § 1, adopted January 26, 2010, amended Chapter 5.77 in its entirety to read as herein set out. Former Chapter 5.77, §§ 5.77.010—5.77.150, pertained to similar subject matter, and derived from Ord. No. 622, 1985 and Ord. No. 741, 1997.

For the purposes of this chapter, the following definitions will apply:

A. "Alarm system" is any device designated for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, and when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which peace officers are expected to respond.

B. "False alarm" means the activation of an alarm system necessitating response by peace officers when an emergency situation does not exist; provided alarms generated by natural disaster will not be considered false alarms.

C. "Audible alarm" is a device designed for the detection of the unauthorized entry on or attempted entry into a premise or structure or for alerting others of the commission of an unlawful act or both, and which, when actuated, generates an audible sound on the premises.

D. "Alarm business" means any person, firm, or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises.

E. "Alarm agent" means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, or installing an alarm system in or on any building, place or premises.

F. "Alarm user" means any person using an alarm system at his residence or place of business.

G. "Person" means any individual, partnership, corporation, or other entity.

H. "Peace officer" means the chief of police of the city, his officers, and designated employees.

I. "Non-priority" means that law enforcement response to the activation of an alarm will not be given precedence over any other calls and will be predicated upon availability of law enforcement personnel and other service needs.

J. "Alarm administrator" means a person or persons designated by the Blythe police chief to administer, control and review alarm response procedures, dispatch requests, and reported false alarms.

K. "Notice of noncompliance" means formal thirty-day notification by the alarm administrator, advising of the intent to put the alarm user in substantial noncompliance status.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles, unless the vehicle alarm is connected to a central monitoring system.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

It shall be unlawful for any person, partnership, corporation, or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing, or monitoring an alarm system in or on any building, place, or premises within the incorporated area of the city without first having registered with the chief of police. Such registration shall not be required for any business which only sells said alarm systems from a fixed location unless such business services, installs, monitors, or responds to alarm systems at the protected premises. Registration shall be accomplished by furnishing such information as may be required by the chief of police, including, but not limited to, the full name of the business, the number of the license issued by the State Director of Consumer Affairs for the alarm business, and the name and business address of the manager of operations for the area within the incorporated limits of the city.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

It is unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing of an alarm system in or on any building, place, or premises within the incorporated area of the city without first having registered his name and filed with the chief of police a copy of the alarm agent registration card issued him by the State Director of Consumer Affairs pursuant to the provisions of the Alarm Company Act as outlined in Division 3 of the Business and Professions Code, Chapter 11.6, Section 7592.8(b). Nothing herein shall require a person to so register who is merely a salesman for any business not required to obtain an alarm business permit under the provisions of Division 3, if such salesman is engaged in sales of alarm systems only.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

A. Any alarm business registered with the chief of police shall, within five days, report to the chief of police any change of address or ownership of the business or the name or business address of the manager of operations for the area which includes the area within the incorporated limits of the city.

B. Any person registered with the chief of police as an alarm agent shall, within five days report to the chief of police any change of business address.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

A. No person shall install, or cause to be installed, use, maintain or possess an alarm system on premises owned by or in the possession of or in control of such persons within the incorporated area of the city without first having obtained an alarm user's permit from the chief of police of the city in accordance with this section. The application for an alarm user's permit shall be submitted on a form as prescribed by the chief of police and shall include the address of the premises wherein the system is to be located and the name, address, and telephone number of the applicant, type or purpose of alarm, and the person who will render service or repairs during any hour of the day or night.

B. An administrative citation in the amount of one hundred dollars shall be issued to a person found to be responsible for an alarm system which is operated in violation of Section 5.77.060(A).

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

All alarm systems sold for installation or installed in any place of business within the incorporated area of the city shall utilize approved Underwriter's Laboratories rated protection equipment. All electrical installations shall be in accordance with applicable requirements of the National Electrical Code as adopted by the city and all necessary permits shall be obtained.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

Following law enforcement response to the activation of an alarm which investigation determines to be false and notification of said fact by the chief of police, the alarm user shall file written report with the chief of police within seventy-two hours upon notice to do so from the chief of police. Such report shall contain all information pertaining to the activation of said alarm, any planned corrective action and projected date of correction. Where the alarm system is serviced by an alarm business, the report shall be made by such business and a copy forwarded to the alarm user by the alarm business.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

A. An administrative citation in the amount of one hundred dollars shall be issued to an alarm user for every false alarm after the first false alarm reported for a period of one year at his/her premises following enactment of this chapter.

B. Activation of a duress, panic, or holdup alarm for an event not consistent with a robbery or other life threatening situation, shall be considered a violation of this section and will result in an administrative citation being issued in the amount of one hundred dollars for residential or business related alarms.

C. In determining the number of false alarm penalties, multiple alarms occurring in any twenty-four-hour period may be counted as one false alarm, to allow the alarm user time to take corrective action, except where the alarm user has a history of chronic false alarms.

D. A false alarm response penalty may be waived if the alarm system was activated by factors out of the alarm users control, including violent conditions of nature; such as, earthquake, high intensity winds, extreme storms including thunderstorms, lightning, electrical surge, or other extraordinary circumstances not reasonably subject to the control of the alarm business or alarm user. The Blythe police department may request a written statement/report from a licensed alarm company representative, which details the reasons for the false alarms under this section.

E. Whenever, in the opinion of the alarm administrator, an alarm user has a history of false alarms the pertinent system may be placed in "no response" status until the alarm user submits proof of system service and problem resolution by a licensed alarm business. Failure to pay alarm-related penalty assessments shall result in the pertinent system being placed in "no response" status at the discretion of the alarm administrator until such payment is received.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

A. Every place of business maintaining an alarm system shall either post or file with the chief of police a notice containing the names and telephone numbers of the persons to be notified in case of emergency or alarm activation or to render service to the system during any hour of the day or night. The persons named shall include the occupant of the premises, or the alarm business or agents responsible for the maintenance of the system. If posted, such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; said notice shall be posted in such a position as to be clearly legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain current such notice whether posted or filed with the chief of police.

B. If service is unavailable, audible alarms which have emitted an alarm in excess of fifteen minutes are declared to be nuisances, and the chief of police may cause such alarm to be disconnected by a registered alarm agent, with the cost therefore to be a charge payable by the alarm user.

C. The chief of police may designate an alarm system at a specific location as a nuisance if such alarm system actuates excessive false alarms. It is determined that four false burglar alarms within any three consecutive calendar month period, or two false robbery alarms within any three consecutive calendar month period is excessive and constitutes a public nuisance. The chief of police shall not consider any false alarm in his computation of nuisance alarms if such false alarm falls under Section 5.77.090(D), and not the result of the negligence of the alarm user, his agents or employees or a defect in the alarm system.

D. The chief of police shall suspend the permit of an alarm user whose alarm has been so designated a nuisance. The chief of police shall serve the permitter with a written order of suspension, which shall state the reason for such suspension. The order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited with postage prepaid in the United States mail.

Immediately upon such an order of suspension becoming effective, the alarm system shall receive non-priority response from the police department.

E. The suspension of the alarm user's permit shall become a revocation fifteen days after the order of suspension becomes effective unless the permittee presents to the chief of police written verification that the system has been completely evaluated and the problem located and corrected, and the documentation exists that the alarm system of the alarm user falls within the acceptable alarm activation limit set forth in this section and such limits as set by the chief of police. Notice of revocation shall be served by personal service or by certified mail.

F. If an alarm user's permit is revoked pursuant to this section, the permittee shall surrender said permit to the chief of police.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

Every alarm business which monitors an alarm system located within the incorporated area of the city shall maintain on file a current listing of all such alarm systems including the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be available to the chief of police upon request of any authorized representative thereof.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system as defined in this chapter, on any place of business within the incorporated area of the city other than those owned or occupied by said person, shall carry on his person at all times while so engaged a valid state of California alarm agents registration card and shall display such card to any peace officer upon request.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

A. The provisions of this chapter and the requirements therein shall become operative ninety days after the effective date of the ordinance codified in this chapter for those persons conducting an alarm business or engaged as an alarm agent within the incorporated area of the city on such effective date; provided, however, the aforementioned persons who have filed an application as required herein for an alarm business permit may continue doing business after such operative date until such application has been processed.

B. All persons not conducting an alarm business or engaged as an alarm agent within the incorporated area of the city on the effective date of the ordinance codified in this chapter shall not commence such operation until the necessary alarm business permit required by this chapter has been issued or the registration required by this chapter for an alarm agent has been completed.

C. The provisions of this chapter relating to the alarm users permit shall become operative one hundred twenty days after the effective date of the ordinance codified in this chapter for those persons using, maintaining, or possessing an alarm system on premises owned or in the possession or control of such person within the incorporated area of the city if said system was installed or in operation prior to the effective date of the ordinance codified in this chapter. Any person installing, or causing to be installed an alarm system on premises owned or in possession or control of such person within the city on or after the effective date of the ordinance codified in this chapter shall not commence such installation until the necessary alarm users permit required by this chapter has been issued.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)

If any section, subsection, sentence, clause or phrase of this chapter as herein enacted or the application thereof to any person or circumstances is held invalid or unconstitutional by decision of any court of competent jurisdiction, such invalidity shall not affect the other provisions or applications of this chapter, or any section or portion of section hereof which can be given effect without the invalid provisions or application and to this end the provisions of this chapter are, and are intended to be, severable. The city council hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

(Ord. No. 839, § 1, 1-26-10; Ord. No. 868, § 1, 2-10-15)