El Segundo Municipal Code Ch. 3 Burglary and Robbery Alarm Systems

For the purpose of this Chapter, certain words and phrases shall be construed herein as set forth in this Section, unless it is apparent from the context that a different meaning is intended:

ALARM BUSINESS: The business by an individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, replacing, moving or installing any burglary and robbery alarm system or causing it to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure, or facility; provided, however, that the provisions of this Section do not include the City which may be engaged in the nonprofit installation and maintenance of tactical alarm systems and a firm which maintains an alarm terminal register within the El Segundo Police Department; provided, further, that alarm business shall not include the sale of alarm systems or alarm system components where the seller does not provide any installation or other service off of seller's premises.

AUDIBLE ALARM: A device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is activated.

BURGLARY AND ROBBERY ALARM SYSTEM: Any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure or facility or both, and which emits a sound or transmits a signal or message when activated. Alarm systems include, but are not limited to, silent alarms, direct dial telephone devices, audible and proprietor alarms, in guard shacks. Not included in this definition are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.

FALSE ALARM: An alarm signal activated through subscriber negligence or for reasons not of an emergency nature or when activated due to malfunction of any segment of the alarm system and which necessitates response by the El Segundo Police Department where an emergency situation does not exist.

PROPRIETOR ALARM: An alarm system which does not request public response when activated or is not reasonably expected to result in some public response.

SILENT ALARM: A device designed for the detection of unauthorized entry on premises which does not generate an audible sound on the premises when it is activated but transmits a signal directly to the Police Department or alarm business. (Ord. 921, 2-15-1977)

A. Alarm Business: No person shall engage in, conduct or carry on an alarm business without first applying for and receiving an alarm business permit therefor. This permit shall be in addition to all other licenses or permits required by the City. Provided, however, that any person holding a business license on the effective date of this Chapter may continue to operate an alarm business without the permit hereinabove required for the first ninety (90) days following the effective date of this Chapter. (Ord. 927, 4-19-1977; amd. 2000 Code)

B. Alarm System: No person shall have installed on any premises under his control an alarm system without first applying for and receiving an alarm system permit therefor in accordance with the provisions of this Chapter. (Ord. 921, 2-15-1977; amd. 2000 Code)

The provisions of this Chapter are not applicable to products of combustion detection systems, water flow alarm systems, proprietor alarms, audible alarms affixed to motor vehicles, or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission. (Ord. 927, 4-19-1977)

Applications for all permits required hereunder shall be filed with the licensing authority and shall be accompanied by the requisite fee. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. (Ord. 921, 2-15-1977; amd. Ord. 1127, 11-15-1988)

Every application for an alarm business permit shall require the fingerprints of the applicant or, if the applicant is not a natural person, the fingerprints of the agent applying on behalf of the applicant. The licensing authority shall refer each application for a permit or renewal of such permit to the Chief of Police, who upon receipt thereof shall conduct an investigation to determine whether said permit should be issued in accordance with the provisions of this Chapter. The Chief of Police may require additional information of applicants which he deems necessary to conduct the investigation. The Chief of Police may dispense with the investigation upon being furnished an authenticated copy of a current permit issued by another governmental agency located in the County of Los Angeles. (Ord. 921, 2-15-1977; amd. Ord. 1127, 11-15-1988)

Upon completion of the investigation required by Section 4-3-5 of this Chapter, the Chief of Police shall issue all permits described in this Chapter and shall forward the permit to the licensing authority. The licensing authority shall notify the permittee of the issuance of the permit. (Ord. 921, 2-15-1977; amd. Ord. 1127, 11-15-1988)

Any application for any alarm business permit may be denied if:

A. The investigation required in Section 4-3-5 of this Chapter concludes that the character, reputation or moral integrity of the applicant is inimical to the safety or general welfare of the community; or

B. The applicant knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit or in any report or record required to be filed with the City; or

C. The applicant has been convicted of a felony or any crime involving theft or embezzlement; or

D. The applicant has had a similar type permit previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. (Ord. 921, 2-15-1977)

A. Alarm Business: An annual permit fee for an alarm business permit shall be fifteen dollars ($15.00), and shall be due and payable on the date of application and on the anniversary date of such in each subsequent year for each alarm business. Said permit fee shall not be prorated. (Ord. 921, 2-15-1977)

B. Alarm System: The fee for an alarm system permit shall be a one time fee. (Ord. 1252, 4-9-1996)

A. Permittee Of Silent Alarms: A service fee shall be paid to the City by each subscriber of an alarm system, or permittee of a silent alarm not exempt, for each response made by the Police Department to the location of a false alarm after the first three (3) responses are made during the same fiscal year.

B. Billing: The licensing authority shall cause to be issued a monthly bill for the unpaid service fees accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen (15) days after the billing date. (Ord. 1252, 4-9-1996)

Notice of decision of the Chief of Police with reference to a permit application under this Chapter shall be made to the applicant or to any other person requesting such notice within forty five (45) days after receipt of application for a permit or renewal of such permit. (Ord. 921, 2-15-1977)

Any person aggrieved by the decision of the Chief of Police with reference to the approval or denial of an application for a permit, or renewal of such permit or suspension of a permit, shall have the right of appeal. An appeal must be perfected within fifteen (15) days after notice of the decision or order of suspension by filing with the City Clerk a letter of appeal briefly stating therein the basis for such appeal, together with a filing and processing fee in the sum of fifty dollars ($50.00). (Ord. 921, 2-15-1977)

Failure to file a letter of appeal within said fifteen (15) days shall constitute a waiver of appellant's right to a hearing but the City Council in its discretion may nevertheless grant such a hearing. (Ord. 921, 2-15-1977)

A. Notice Of Hearing: The City Clerk shall fix the time and place of the hearing at a date no more than twenty five (25) days after receipt of the letter of appeal. The City Clerk shall give the appealing party and any other person requesting the same at least five (5) days' notice of the time and place of such hearing. The notice shall be substantially in the following form but may include other information:

You are hereby notified that a hearing will be held at , on , at the hour of , at which time you may show cause why the appeal which you have filed should be sustained.

B. Conduct Of Hearing; Burden Of Proof: At the time and place set for the hearing upon the appeal from the decision of the Chief of Police, the City Council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the Chief of Police should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the Chief of Police. The determination of the City Council shall be final and conclusive. (Ord. 921, 2-15-1977)

A. Alarm Business: The following shall constitute grounds for suspension or revocation of any alarm business permit:

1. The violation of any of the provisions of this Chapter; or

2. Where an alarm system is knowingly activated by an alarm business permittee, his employee or agent or at the direction of an alarm business permittee, his employee or agent in a situation where no burglary or robbery is actually in progress; or

3. Where the permittee, his employee or agent has knowingly made any false, misleading statement of a material fact in the application for a license or in any report to be filed with the City agency; or

4. Where the permittee has had a similar type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation; or

5. Where any alarm business permittee is convicted of a felony or any crime involving theft, embezzlement or where the character, reputation or moral integrity of the permit holder or his employee is determined by the Chief of Police to be inimical to public safety or the general welfare of the community.

B. Alarm System: The following shall constitute grounds for suspension or revocation of any alarm system permit:

1. The violation of any of the provisions of this Chapter; or

2. Where an alarm system is knowingly activated by a subscriber, his employee or agent or at the direction of a subscriber, his employee or agent in a situation where no burglary or robbery is actually in progress; or

3. Where the permittee, his employee or agent has knowingly made any false, misleading statement of a material fact in the application for a license or in any report to be filed with the City agency; or

4. Where the permittee has had a similar type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation; or (Ord. 921, 2-15-1977)

5. Where an alarm system activates more than seven (7) alarms during any fiscal year; provided, however, that a permit shall not be suspended or revoked pursuant to this subsection B5 until after the Chief of Police has given fifteen (15) days' written notice to the permittee of his intention to suspend or revoke the permit. During such fifteen (15) day period the permittee may show cause to the Chief of Police why the permit should not be revoked or suspended; or

6. Where the permittee fails to pay the service charges billed. (Ord. 993, 10-7-1980)

C. Order Of Suspension:

1. Any permit issued hereunder may be suspended by the Chief of Police pursuant to the above grounds. The Chief of Police, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension. The order shall be effective immediately if personally served, or seventy two (72) hours after the same has been deposited in the course of transmission in said United States Postal Service.

2. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit, and shall surrender said permit to the Chief of Police. (Ord. 921, 2-15-1977)

A. The suspension shall become a revocation fifteen (15) days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Sections 4-3-11 through 4-3-13 of this Chapter.

B. Where an appeal is filed, the order shall be stayed pending a determination thereon by the City Council which shall act upon the same at a meeting of the City Council fixed by the City Clerk, in the manner set forth in Sections 4-3-11 through 4-3-13 of this Chapter. Such suspension shall become a revocation if the City Council upholds the suspension. The determination of the City Council shall be final and conclusive. (Ord. 921, 2-15-1977)

A permit may be considered for reinstatement by the Chief of Police two (2) months after revocation of said permit if the applicant can show a material change in the circumstances resulting in the revocation. (Ord. 921, 2-15-1977)

A. Provide Names And Phone Numbers: Every person maintaining an audible alarm shall provide the Chief of Police with the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm system is activated. It is the responsibility of every person maintaining an alarm system to assure that the names and telephone numbers recorded with the Police Department are kept current.

B. Alarm Sounds: No person shall install an audible alarm system which creates a sound similar to that of an emergency vehicle siren or a civil defense warning system.

C. Time Limit On Sound Emission: No person shall install an audible alarm system which does not automatically discontinue emitting an audible sound within one-half (1/2) hour after it is activated. (Ord. 921, 2-15-1977)

A person shall not knowingly turn in a false alarm. This Section does not prohibit a test of an alarm system as permitted in advance by the Chief of Police. Activation of audible alarm systems for one second or less shall not be considered as a false alarm. (Ord. 921, 2-15-1977)

After any false alarm caused by a malfunction of the alarm system, an alarm system permittee shall cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm. A person shall not reactivate such alarm until such repairs have been made. (Ord. 921, 2-15-1977)