Irvine Municipal Code Div. 19 Police Response to Alarm Systems

Footnotes:

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Editor's note— Ord. No. 98-15, § 1, adopted October 27, 1998, amended the Code by repealing former div. 19, §§ 4-19-101—4-19-111, and adding a new div. 19, §§ 4-19-101—4-19-115. Former div. 19 pertained to burglar alarms, and derived from the Code of 1976, §§ IV.P-101—IV.P-110; Ord. No. 83-2, adopted February 22, 1983; Ord. No. 84-14, adopted September 11, 1984; and Ord. No. 88-21, adopted July 20, 1988.

A. The purpose of this division is to promote the efficiency of alarm systems in the City by regulating the conditions under which alarm systems may be installed and operated, thereby reducing the number of false alarms.

B. The City, however, is under no obligation or duty to any alarm user or any other person by reason of any provision of this division or the exercise of any privilege by any alarm user hereunder, including, but not limited to, any defects in a police or fire alarm system, any delay in transmission of an alarm message to any emergency unit or damage caused by delay in responding or failure to respond to any alarm by any City officer, employee or agent.

(Ord. No. 98-15, § 1, 10-27-98)

For purposes of this division, certain words and phrases used herein are defined as follows:

A. Alarm agent means a person employed by an alarm company whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described herein or any person in training for any of the duties described herein.

B. Alarm company means a person or entity, regardless of organizational form, which is in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring alarm systems in an alarm site.

C. Alarm coordinator is the person or persons designated by the governing authority to administer, control and review alarm applications, permits and alarm dispatch requests.

D. Alarm permit means a document containing pertinent information about the alarmed premises and its authorized user, as required by the Chief of Police.

E. Alarm system means an assembly of equipment and devices arranged to signal the presence of a hazardous condition requiring urgent attention to which police customarily respond, and includes devices which emit an audible sound in or around the premises when actuated.

(1) Commercial alarm system means an alarm system that is used to detect a hazardous condition in or about a nonresidential structure or area.

(2) Residential alarm system means an alarm system that is used to detect a hazardous condition in or about a structure or area that is primarily for nonbusiness purposes and intended for habitation, including individual dwelling unit(s) within a single- or multiple-family structure.

F. Alarm user is a person(s), firm, partnership, corporation, association, organization, company or other entity in control of a premise where an alarm system is located.

G. Audible alarm means that type of alarm system which, when activated, emits an audible sound.

H. Automatic communication device is any electrical, electronic or mechanical device capable of being programmed to send a prerecorded message, when activated, over a telephone line to the Police Department.

I. City manager is the City Manager in the City of Irvine or his designee.

J. Chief of Police is the Chief of the Irvine Police Department or his designee.

K. Duress or panic alarm is a silent signal generated by the manual activation of a device intended to signal a crisis situation requiring a police response.

L. False alarm means activation or transmission of any alarm signal causing a police response where an emergency situation does not exist. This shall include mechanical failure, accidental tripping, misoperation, malfunction, misuse or neglect of the alarm system by the owner or lessee of the alarm system or by his employees or agents. It shall not include alarms caused by earthquakes, high winds, verifiable utility failures or external causes beyond the control of the owner or lessee.

M. False alarm awareness class is an educational class operated by the City to instruct alarm users about the problems created by false alarms and in the responsible use of their alarm system.

N. Hazardous condition is an event(s) or occurrence(s) which is indicative of a robbery, burglary or other condition which poses a hazard or threat to persons or property and for which the alarm system is intended to detect or alert.

O. Person means any individual, partnership, firm, company, association, organization or corporation.

P. Police department means the Police Department of the City of Irvine, California.

Q. Proprietary alarm means an alarm system which is installed, serviced, and monitored by persons not regulated by the Alarm Company Act contained in the State of California Business and Professions Code, Division 3, Chapter 11.6 - Alarm Companies.

R. Robbery alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

S. Verify means an attempt, by the alarm company, or its representative, to contact the alarm site by telephone or other electronic means, whether or not actual contact with a person is made, before requesting a police dispatch, in an attempt to avoid an unnecessary alarm response.

(Ord. No. 98-15, § 1, 10-27-98)

The Chief of Police, and or any member(s) of the Police Department who he or she may designate, shall have sole discretion to enforce the provisions of this division.

(Ord. No. 98-15, § 1, 10-27-98)

A. No alarm company or alarm agent shall be permitted to sell on premises, alter, install, maintain, move, repair, replace, respond, lease or monitor any alarm system without first obtaining a City of Irvine business license.

B. The alarm company shall include with the business license application a copy of its alarm company license to operate issued by the State of California. Failure to obtain or submit the State license will result in a rejection of a City business license and a prohibition from conducting business in the City.

(Ord. No. 98-15, § 1, 10-27-98)

No alarm user shall operate, or cause to be operated, an alarm system at its site without a valid alarm permit issued by the alarm coordinator. A separate permit is required for each alarm site.

A. The annual fee for an alarm permit or renewal of an alarm permit shall be as established by resolution of the City Council, which may be amended from time-to-time.

B. Upon receipt of a completed application form and the permit fee, the alarm coordinator shall issue an alarm permit to an applicant, unless the applicant has:

(1) Failed to pay a fine assessed under Section 4-19-111.

(2) Had an alarm permit for the site suspended or revoked and the violation causing the suspension or revocation has not been corrected.

C. Any alarm permit issued pursuant to this division, or any amendment thereto, is valid indefinitely unless revoked.

D. Each alarm permit application must include the following information:

(1) The classification of the alarm site as either residential or commercial.

(2) Purpose of the alarm system at the site; i.e., burglary, robbery or duress.

(3) Full name, address and telephone number of the person who will be the alarm permit holder and be responsible for the proper maintenance and operation of the alarm system.

(4) Name of business, address and telephone number where the alarm system is located.

(5) Nature of premises; i.e., residence, bank, liquor store, computer chip manufacturer, etc. Any information about the business as deemed necessary by the Chief of Police to assure officer safety in a response; i.e., weapons, hazardous materials, dogs, etc.

(6) A list of three persons, including addresses and telephone numbers, who can be contacted and will respond to the premises in the event of an emergency or to reset or deactivate the alarm system.

(7) Name, address and telephone number of the alarm company which installed the alarm system.

(8) Name, address and telephone number of the alarm company monitoring the alarm system if different from (7) above.

E. Any false information provided by an applicant shall be sufficient cause for refusal or revocation of an alarm permit.

F. An alarm permit cannot be transferred to another person or entity. An alarm user shall inform the alarm coordinator of any change in information on the alarm user permit application within 10 business days of the alarm user becoming aware of such information.

G. Information contained in alarm permit applications shall be held in strict confidence by all employees of the City with access to such information.

(Ord. No. 98-15, § 1, 10-27-98)

It is the sole responsibility of an alarm user to obtain an alarm permit prior to operating or maintaining an alarm system. If the alarm coordinator becomes aware that an alarm user is operating or maintaining an alarm system without a permit, the alarm coordinator shall provide written notice to the alarm user regarding the requirement that the alarm user obtain an alarm permit within 30 days. The alarm user shall also be fined in the amount established by resolution of the City Council, which may be amended from time-to-time, unless application for a permit is made within the time set forth therein.

(Ord. No. 98-15, § 1, 10-27-98)

A. To assure proper operation and maintenance of an alarm system and to minimize false alarms, the alarm user shall comply with the following:

(1) Maintain the premises and alarm system in a manner that will minimize or eliminate false alarms.

(2) Instruct all employees and other individuals who have access to the premises in proper use of the alarm system and maintain accurate and complete written operating instructions on site.

(3) Assure that on activation of the alarm system and when requested by the police department, a representative responds to the premises in a timely manner (maximum of 45 minutes) and render any necessary service.

(4) An alarm which is audible on the exterior of an alarm site will sound for no more than 10 minutes following activation or, in the case of systems operating under Underwriters Laboratories, Inc. standard 365 or 609, 15 minutes following activation.

(5) The alarm system shall not be activated when its power is interrupted or restored, unless a hazardous condition does, in fact, exist.

(6) No automatic communication device shall be keyed to any police department telephone line.

(7) If the alarmed premises include multiple buildings, offices or rooms within a building, or floors within a building, the alarm system shall be adjusted so that the alarm identifies the precise location of alarm activation. This requirement shall only apply to commercial premises and shall not apply to residential premises.

(8) Except for proprietary alarm systems, any installation, servicing or monitoring of an alarm system shall be performed only by licensed companies.

B. Intentional activation of an alarm system by any person, when a hazardous condition does not exist, may result in the alarm user being assessed a fine as specified under Section 4-19-111. "Hazardous conditions triggering an alarm" are to include only those which the alarm user's alarm system was specifically designed to protect or to alert the police department.

(Ord. No. 98-15, § 1, 10-27-98)

An alarm company performing monitoring services shall:

A. Report alarm signals by using telephone numbers designated by the Police Department.

B. Attempt to verify every alarm signal in a timely manner before requesting a police response, except for robbery or panic alarms which are to be immediately reported.

C. Communicate alarm dispatch requests in a manner and form determined by the Police Department.

D. Communicate verified cancellations of alarm dispatch requests in a manner and form determined by the Police Department.

E. The Alarm Coordinator shall, working with the Police Department Communications Bureau, designate a manner, form and telephone number for the communication of alarm dispatch requests and a procedure to accept verified alarm cancellations.

(Ord. No. 98-15, § 1, 10-27-98)

A. The officer responding to an alarm activation shall record or cause to be recorded such information as necessary to permit the Alarm Coordinator to maintain records.

B. Alarm companies which perform monitoring services must maintain for a period of at least one year following request for police response to an alarm site, records relating to the dispatch. Records must include the name, address and phone number of the alarm user, the alarm system zone(s) or point(s) activated, the time of request for police response and evidence that an attempt to verify was made. The alarm coordinator may request copies of such records for individually named alarm users.

(Ord. No. 98-15, § 1, 10-27-98)

The Alarm Coordinator shall oversee creation and implementation of a false alarm class. If possible, the Alarm Coordinator should work in cooperation with the local alarm association. The purpose of the class shall be to inform alarm users about the problems that are created by excessive false alarms and to provide instruction in the use and maintenance of alarm systems, including advice regarding how to avoid false alarms.

A. An alarm user shall, upon the fourth false alarm activation, have the option of attending the false alarm awareness class in lieu of paying the prescribed fine.

B. An alarm user may only attend the false alarm user awareness class one time during each 365-day period.

(Ord. No. 98-15, § 1, 10-27-98)

An alarm user shall be subject to notification, warnings, fines and suspension or revocation of its alarm permit based on the number of false alarm responses emitting from an alarm system within a 365-day period, as set forth in the schedule at Section A below.

A. The following schedule shall apply:

B. An alarm user may appeal assessment of a fine to the Chief of Police or his designee, by filing a written request setting forth the reasons for the appeal within 10 days after receipt of the notice of a fine. The Chief of Police or his designee will review the facts of the appeal and render a decision within 10 days. The fine may be sustained or suspended.

C. An alarm user may appeal the decision of the Chief of Police or his designee to the City Manager by filing a written request setting forth the reasons for the appeal within 10 days after receipt of the decision. The City Manager or his designee will review the facts of the appeal and render a decision within 10 days. The City Manager may sustain, reduce or suspend the fine assessment. The decision of the City Manager or his designee is final as to administrative remedies with the City. Additional false alarms at the premises during the appeal will result in fines according to the schedule in Attachment 1 to Ordinance No. 98-15.

(Ord. No. 98-15, § 1, 10-27-98)

A. Any alarmed premises which has seven or more false alarms within a 365-day period shall subject the alarm user to revocation of the alarm permit. Alarm permit revocation will result in a termination of police response to alarm calls at the premises.

B. If the Alarm Coordinator denies the issuance or renewal of an alarm permit or suspends or revokes an alarm permit, he or she shall send written notice of the action and a statement of the right to appeal the decision by personal delivery or certified mail, return receipt requested, to both the applicant or alarm user and the alarm company.

C. The applicant or alarm user may appeal the decision of the Alarm Coordinator to the Chief of Police or his designee by filing a written request for a review and detailing the reasons for the appeal within 15 days of receipt of the notice from the Alarm Coordinator. If there is no appeal, the denial, suspension or revocation becomes final and the alarmed premises is placed on the Police Department "no response" list. If an appeal is filed, revocation of the alarm permit is stayed pending a review by the Chief or his designee. Any additional false alarms at the premises during the stay of revocation shall result in fines according to the schedule in the schedule of fees and fines adopted by the City Council by resolution, which may be amended from time-to-time.

D. The Chief of Police or his designee shall review the materials submitted by the alarm user. The alarm user, if desired, may meet with the Chief of Police or his designee in person to present evidence or facts as to why his or her alarm permit should not be denied, suspended or revoked. After considering all information and evidence, the Chief of Police or his designee may uphold, overturn or modify the denial, suspension or revocation of the alarm permit. If the denial, suspension or revocation is upheld by the Chief of Police or his designee, the action shall become final five days after the ruling.

E. The applicant or alarm user may appeal the decision of the Chief of Police or his designee to the City Manager or his designee by filing a written request for a review and detailing the reasons for the appeal within 15 days of the decision of the Chief of Police or his designee. If there is no appeal, the denial, suspension or revocation becomes final and the alarmed premises is placed on the Police Department "no response" list. If an appeal is filed, revocation of the alarm permit is stayed pending a review by the City Manager or his designee. Additional false alarms at the premises during the stay will result in fines according to the schedule of fees and fines adopted by the City Council by resolution, which may be amended from time-to-time.

F. The City Manager or his designee shall meet with the alarm user and hear information that is the basis for the appeal. The City Manager or his designee shall uphold, overturn or modify the denial, suspension or revocation. The alarm user will be notified of the decision in writing within 10 days of the hearing. The decision of the City Manager or his designee is final as to administrative remedies with the City. Additional false alarms at the premises during the stay will result in fines according to the schedule of fees and fines adopted by the City Council by resolution, which may be amended from time-to-time.

(Ord. No. 98-15, § 1, 10-27-98)

An alarm user whose alarm permit has been suspended or revoked may be reissued a permit if s/he:

A. Submits an updated application and pays a permit fee as adopted by the City Council by resolution, which may be amended from time-to-time; and

B. Pays, or otherwise resolves, all fines due the City; and

C. Submits a written certification from an alarm company, that complies with this division, stating that the alarm system has been inspected and where necessary, repaired.

(Ord. No. 98-15, § 1, 10-27-98)

A person, firm or corporation violating any provision of this division is guilty of a misdemeanor and may be subject to a fine in an amount established by the City Council by resolution. The prosecutor, however, has sole discretion to charge such person with an infraction rather than a misdemeanor.

(Ord. No. 98-15, § 1, 10-27-98)

The City is under no obligation or duty to any alarm user or any other person by reason of any provision of this division or the exercise of any privilege by any alarm user hereunder, including, but not limited to, any defects in a police or fire alarm system, any delay in transmission of an alarm message to any emergency unit or damage caused by delay in responding or failure to respond to any alarm by any City officer, employee or agent.

(Ord. No. 98-15, § 1, 10-27-98)