Costa Mesa Municipal Code Ch. VIII Regulation of Private Alarm Systems

The words and terms used in this chapter shall have the meanings indicated unless the context clearly indicates otherwise:

Alarm company

means any business carried on by any person who engages in the sale, lease, maintenance, service, repair, alteration, replacement or installation of any alarm system in or on any building, structure, facility or dwelling.

Alarm signal

means any sound or message prompted by the activation of an alarm system for the purpose of alerting persons to danger, an emergency, fire, or commission of an unlawful act and summoning police and/or fire department personnel to the scene of said alarm system.

Alarm system

means any mechanical, electronic or electrical device or assembly which is designed or used for the detection of fire, intrusion into a building, structure, dwelling or facility or for alerting others to an event within a facility, which event causes a local audible sound or transmission of a signal or message. Alarm systems include, but are not limited to direct dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designed or used to evoke a police or fire response, nor used to register alarms that are intended to be audible, visible or perceptible outside of the building, structure, dwelling or facility are not included within this definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system.

Alarm user

means any person who owns, rents or leases an alarm system which is installed in or on a building, structure, dwelling or facility and which is capable of being activated.

Automatic communication device

means any electrical, electronic, or mechanical device capable of sending a pre-programmed, pre-recorded message over a telephone line to the police or fire department.

City

means the City of Costa Mesa.

False alarm

means the activation of an alarm system through mechanical failure, accidental tripping, misoperation, malfunction, misuse, or the neglect of the owner or lessee of an alarm system, or of his employees or agents. False alarm shall not include alarms caused by earthquakes, violent winds or other acts of God, or external causes beyond the control of the owner or lessee of the alarm system.

Fire department

means the fire department of the City of Costa Mesa.

Person

means any individual, partnership, corporation, company, firm, association or other entity.

Police department

means the police department of the City of Costa Mesa.

(Ord. No. 89-10, § 2, 4-3-89)

The police and fire departments of the City of Costa Mesa shall have the authority to adopt rules, regulations and procedures governing the implementation of this alarm chapter.

(Ord. No. 89-10, § 2, 4-3-89)

The police and fire departments shall administer and enforce the provisions of this chapter.

(Ord. No. 89-10, § 2, 4-3-89)

It is unlawful for any owner or occupant of real property to have installed or to activate an audible alarm system which does not shut off within a maximum time of 15 minutes from the commencement of activation. This may be accomplished by automatic cutoff or by manual operation.

(Ord. No. 89-10, § 2, 4-3-89)

(a) It is unlawful for any person to activate an alarm system for the purpose of summoning police or fire department personnel except in the event of circumstances which would reasonably lead a prudent person to believe that a state of emergency, for which the alarm system was designed, actually exists.

(b) It is unlawful to install or use an alarm system which, upon activation, emits a sound similar to a siren used on emergency vehicles or for civil defense purposes.

(Ord. No. 89-10, § 2, 4-3-89)

Each alarm user shall obtain and provide to his employees accurate and complete instruction from the alarm company in the proper use and operation of said system. Specific emphasis shall be placed on the avoidance of false alarms.

(Ord. No. 89-10, § 2, 4-3-89)

Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of at least two responsible parties or the company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. All silent alarm systems shall have a like notice posted on the premises which provides the same information as that required of audible alarm systems.

(Ord. No. 89-10, § 2, 4-3-89)

Alarm companies doing business in the City of Costa Mesa shall maintain an accurate, updated telephone number(s) for business owners.

(Ord. No. 89-10, § 2, 4-3-89)

Upon notification by the police or fire department, one of the persons named as a responsible person in section 11-156 shall arrive promptly (within 45 minutes) at the scene of the alarm and render necessary service.

(Ord. No. 89-10, § 2, 4-3-89)

No automatic communication device shall be programmed to call any police or fire communication telephone line, unless specifically directed by the City of Costa Mesa Communications Department Director.

(Ord. No. 89-10, § 2, 4-3-89)

A service charge shall be paid to the City of Costa Mesa by alarm users for each false alarm upon the third response and for each subsequent police response or second response for each subsequent fire response to the location of the alarm system during a twelve-month period in accordance with the fee schedule set by resolution of city council.

New alarm systems shall be exempt during the first 30 days of operation.

(Ord. No. 89-10, § 2, 4-3-89; Ord. No. 94-4, § 10, 3-7-94)

After any false alarm caused by a malfunction of the alarm system, the system shall be repaired so as to eliminate such malfunction prior to reactivation of the alarm.

(Ord. No. 89-10, § 2, 4-3-89)

The city manager or his authorized representative may discontinue response by the police and fire departments to any location of an alarm system 10 days from the date that written notice to the alarm user has been mailed or delivered in person. Such discontinuance may be implemented when the alarm user:

(1) Has been assessed six false alarm service charges within a twelve-month (12) period; or

(2) Has failed to pay any such false alarm service charge within 30 days.

(Ord. No. 89-10, § 2, 4-3-89)

(a) If an alarm user disputes false alarm service charges or a no response notice, the user may within 10 days from the date of mailing, as shown on the notice, submit a written request for hearing with the department issuing the charges or notice. The hearing shall be before a member of that department who was not involved in the issuance of the notice or charges. The user may appeal the decision by the police or fire department to the city manager by filing a written notice of appeal with the city manager's office within seven days of the date the hearing officer's decision is mailed or personally delivered to the user.

(b) If an alarm user disputes the decision of the city manager regarding the service charge or a response discontinuance notice, the alarm user may appeal to the city council by filing a written notice of appeal with the city clerk within seven days of the date the city manager's decision is mailed or personally delivered to the user.

(c) While in the process of appeal, alarm response discontinuance shall not be in effect.

(Ord. No. 89-10, § 2, 4-3-89)