La Mirada Municipal Code Ch. 9.06 Burglar and Robbery Alarms

This chapter shall be known as the Public Safety Alarm Ordinance of the City. (Ord. 649 § 2, 2012).

The purpose of this chapter is to set forth regulations governing burglary, robbery, fire, and medical assistance alarm systems within the City; to reduce false alarms; and to provide the authority to establish fees. (Ord. 649 § 2, 2012).

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Alarm Agent.” Any person who is registered as an alarm agent pursuant to the provisions of the California Alarm Company Act, § 7590, et seq., of the Business and Professions Code and doing business as such within the corporate limits of the City of La Mirada.

“Alarm Company Operator.” Any person licensed as an alarm company operator pursuant to the provisions of the California Alarm Company Act, § 7590, et seq., of the Business and Professions Code and doing business as such within the corporate limits of the City of La Mirada.

“Alarm Officer.” The officer or employee of the city or its police or fire department, having responsibility for responding, or for causing the response, to an activated alarm system.

“Alarm System Coordinator.” The officer or employee of the city, or designee thereof, designated by the City Manager as having direct authority and responsibility for administration of the provisions of this chapter, excepting only those functions specifically designated to be performed by the Alarm Officer.

“Alarm Subscriber.” Any person who purchases, leases, contracts for, or otherwise obtains and operates an alarm system or contracts for the servicing or maintenance of an alarm system.

“Alarm System.” Any mechanical or electrical device which is designed or used for the detection of burglary, robbery, fire, within a building, structure, or facility, or on any premises, or for alerting others to a hazard or need for medical assistance, or to the commission of an unlawful act within a building, structure or facility, which emits a sound or transmits a signal or message when actuated, and which is designed to elicit a response from law enforcement or fire personnel.

(i) Alarm System includes, but is not limited to, every automatic dialing device, direct-dial telephone device, audible alarm, and proprietor alarm. Devices which are not designed or used to register or activate alarms that are audible, visible or perceptible outside the protected building, structure, facility or premises are not included within this definition.

(ii) Alarm System includes all of the necessary equipment designed and installed for the detection of burglary, robbery, or fire, or to signal any emergency or need for medical assistance, or other hazard, within a premises, building, structure, or facility, or for alerting others to the commission of an unlawful act within a premises, building, structure, or facility.

“Audible Alarm.” An alarm system that generates an audible sound at its location when it is actuated.

“Automatic Dialing Device.” An alarm system that automatically and electronically transmits by any means a prerecorded voice message or form of signal to a City-authorized telephone number, indicating the existence of an emergency situation that the alarm system is designed to detect.

Emergency. Any condition which results in, or which could result in, the response of law enforcement or fire personnel or any condition which jeopardizes or could jeopardize public safety.

“False Alarm.” The notification to the City’s police or fire department concerning the activation of an alarm system when:

(i) There is no evidence of a crime or other activity that warrants the assistance of the City’s police department on the premises, as indicated by the investigation of a police officer on the scene or by the lack of a police report filed by the occupant or property owner, and no individual who was on or near the premises or who viewed a video communication from, or live-monitored the premises called for the dispatch or confirmed a need for police response; or

(ii) There is no indication or presence of a fire or medical or other emergency situation on the premises, that warrants a call for assistance from or investigation by the City’s fire department, and no individual who was on or near the premises or who viewed a video communication from, or live-monitored the premises requested the response or confirmed a need for emergency response.

“False Alarm” shall not include an alarm for which law enforcement or fire personnel do not actually arrive at the alarm location, or any alarm caused by earthquakes, severe storms or other extraordinary circumstances determined by the Alarm Officer to be clearly beyond the control of the alarm subscriber.

"Proprietor Alarm." An alarm that is not serviced by an alarm agent or alarm company operator, and that is not designed to cause a response by the City’s police or fire department. (Ord. 649 § 2, 2012).

Upon notification by the Alarm Officer that an alarm system is activated, the alarm subscriber, or the representative or alarm agent of the alarm subscriber, shall immediately proceed to the location and silence the alarm. The alarm shall be silenced within thirty minutes after notification when the alarm system is protecting a residential structure or within forty-five minutes when the alarm system is protecting a commercial or industrial structure. Alternative to providing such response, the alarm system may be equipped with an automatic shut-off device which shall silence the alarm within fifteen minutes after activation when the alarm system is protecting a residential structure or within thirty minutes of activation when the alarm system is protecting a commercial or industrial structure. The failure of an alarm subscriber to comply with the response and alarm silencing time limits set forth herein shall be chargeable as a false alarm. (Ord. 649 § 2, 2012)

All alarm company operators performing services in the City of La Mirada shall obtain a city business license, and all such operators and alarm agents shall register their name and file a copy of their state identification card, license, or permit with the Alarm System Coordinator. Each alarm agent while engaged in the duties of an alarm agent shall carry on such agent’s person at all times the state identification card, license, or permit and shall display same to the Alarm Officer when requested. No alarm system may be installed by anyone other than the owner of the alarm or alarm company operator, unless otherwise approved in writing by the Alarm System Coordinator. (Ord. 649 § 2, 2012).

Whenever any change occurs relating to any application or other information required by this chapter, the person required to provide such information shall give written notice thereof to the Alarm System Coordinator within ten days of such change. (Ord. 649 § 2, 2012).

No alarm system, not including automatic dialing device alarms, shall be operated unless the alarm subscriber has entered into a service contract with an alarm company operator providing for service twenty-four hours per day. Every alarm system shall be equipped so that it shall not activate in the event of a power outage unless there exists an emergency situation for which the alarm was designed to detect. Notwithstanding the foregoing, any alarm subscriber whose alarm system provides only an audible alarm and does not send an alarm notification to a monitoring company or to any public safety agency, may request a waiver of the requirements of this section by submitting a written request for waiver to the Alarm System Coordinator. The request shall state the location, make, model, and type of alarm system, and shall include manufacturer’s information verifying that the alarm is designed to automatically silence after no more than fifteen total minutes of activation when used for a residential structure, or thirty minutes when used for a commercial structure. Only alarm systems that are equipped and operated to automatically silence after no more than fifteen total minutes (residential) or thirty total minutes (commercial) of activation, are eligible for a waiver. The Alarm System Coordinator may inspect the alarm system and/or require provision of any additional information deemed necessary to ensure compliance with this section. Any waiver issued pursuant to this section may be revoked, after written notice, for failure to comply with the requirements of this section. The issuance of a waiver shall not affect the liability of an alarm subscriber for false alarm charges. (Ord. 649 § 2, 2012).

A. Maintenance. Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.

B. Inspections. The Alarm Officer may require an alarm subscriber to have a nuisance alarm system inspected at the subscriber’s expense, by the company providing the alarm subscriber’s alarm services, or other person qualified to inspect and service such equipment. Inspections shall be complete enough to detect any likely malfunctions and shall include testing of the equipment. Particular attention shall be paid to the conditions that have the potential of causing false alarms. The person making the inspection shall provide a written report to the alarm subscriber and the Alarm System Coordinator, detailing measures taken to eliminate the likelihood of further false alarms caused by the alarm system. The report shall be kept on the premises for two years, and shall be subject to inspection by the Alarm System Coordinator upon request. (Ord. 649 § 2, 2012).

Each alarm subscriber shall reimburse the City for the cost of law enforcement or fire personnel and equipment responses to ‘excessive false alarms’ as defined in, and in such amount as set by, resolution of the City Council. Failure to pay any false alarm fee when due is a violation of this section and shall be subject to a civil penalty in the amount of ten percent (10%) of the original false alarm fee amount, for each month the amount remains unpaid, provided that such penalty shall not exceed the original amount due. (Ord. 649 § 2, 2012).

A. No alarm subscriber shall operate or maintain an alarm system which generates more than three false alarms in any twelve-month period.

B. Any alarm system operated or maintained in violation of this section is a nuisance and shall be deemed a public nuisance alarm. (Ord. 659 § 1, 2012; Ord. 649 § 2, 2012).

The provisions of this chapter shall not apply to:

A. Audible alarms affixed to automobiles.

B. Any alarm system installed or maintained by the Alarm Officer, or any alarm that is otherwise exempted by law from the provisions of this chapter.

C. Any auxiliary device installed by a telephone company to protect telephone company systems that might be damaged or disrupted by the use of an alarm system.

D. Proprietor alarms. (Ord. 649 § 2, 2012).

A. No person shall use or operate an automatic dialing device without complying with this Section 9.06.120.

B. The device must be programmed to initiate and deliver the recorded message or signal only to such City or County telephone number or numbers as may be assigned or approved by the Alarm System Coordinator.

C. Discontinuance of use shall not excuse any liability for false alarm responses caused by the alarm system.

D. Each user of an automatic dialing device is subject to payment of excessive false alarms fees pursuant to Section 9.06.090.

E. Except as otherwise provided in this section, all provisions of this chapter shall apply to automatic dialing devices. (Ord. 649 § 2, 2012).

A. It is unlawful to install or maintain on the exterior or interior of any building, an alarm system which upon actuation emits a sound which is similar to sirens in use on emergency vehicles or vehicles used for civil defense purposes.

B. It is unlawful to install, use, maintain or deliberately activate any alarm system for any purpose other than reporting burglaries, robberies, or other crimes involving risk of personal harm or property damage, fires, or medical emergency. Deliberately activating an alarm for any purpose other than a condition that the alarm is intended to detect is a misdemeanor.

(Ord. 649 § 2, 2012).

A. The first violation of any provision of this chapter occurring within a one year period shall be punishable as an infraction. Each violation thereafter within such one year period shall be punishable as a misdemeanor. Notwithstanding any other provision of this chapter, violations of this chapter may be punished by administrative penalty as provided in this code.

B. The conviction of any person for violation of any provision of this chapter shall not release such person from paying any business taxes, charges, fees, or reimbursement for false alarm charges due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy. (Ord. 649 § 2, 2012).

It is unlawful for any alarm subscriber to maintain a "public nuisance alarm" as defined in Section 9.06.100. In addition to any other penalties provided in this chapter, any alarm subscriber owning, maintaining or having control over a public nuisance alarm shall be subject to the following administrative penalties which shall be administered as set forth in Chapter 1.08 of this code:

A. For a fourth false alarm within any twelve-month period, the administrative penalty shall be $50.

B. For a fifth false alarm within any twelve-month period, the administrative penalty shall be $100.

C. For a sixth or additional false alarm occurring within any twelve-month period, the administrative penalty shall be $200. (Ord. 659 § 2, 2013).

Nothing in this chapter shall be deemed to impose any liability on the part of the City of La Mirada as to any alarm subscriber or to any other person or entity, as a result of any defect in an alarm system, failure of the city to receive an alarm, or failure of the city or its police or fire departments to respond to any alarm regulated by this chapter, whether false or not. The City Council declares that it shall be entirely within the discretion of each police officer or fire department receiving a report of an alarm activation, as to whether or not to respond to such alarm, and that the City of La Mirada assumes no duty to respond to any alarm as a result of the enactment of this chapter or prior decisions to respond to alarms. (Ord. 649 § 2, 2012).

Any person or business aggrieved by any determination of the Alarm System Coordinator or Alarm Officer, including determination of a public nuisance alarm, or false alarm(s), may, within ten days of such determination, appeal the same by requesting, in writing addressed to the Alarm System Coordinator, one of the following:

A. Administrative review by a Hearing Officer of the facts surrounding the determination. The Hearing Officer shall consider any written material or other evidence submitted, including any relevant City, police or fire reports or other documentation and within ten days thereafter shall render a written decision either denying the appeal, or reversing the determination with or without modification; or

B. A hearing before a Hearing Officer to contest the determination. Upon receipt of a timely appeal, notice of a hearing date to be conducted not more than twenty-one (21) days thereafter, shall be served by first class mail to the appellant at the address provided in the request for hearing. At the hearing the Hearing Officer shall consider all relevant written and oral evidence and, within ten days thereafter shall render a written decision either denying the appeal, or reversing the determination with or without modification.

C. The Hearing Officer shall be appointed by the City Manager and shall be an unbiased active or retired City or County of Los Angeles employee having no connection with the determination being appealed. The Hearing Officer may not be anyone who works under the supervision of the person making the determination being appealed. The Hearing Officer’s decision shall be final.

D. Because the determination that an alarm was a false alarm is based on the professional judgment of first responders employing all facts known to the responders at the time of the alarm, the burden of proof in the hearing shall be on the appellant. Furthermore, the appellant must establish with credible evidence that facts not considered by the Alarm Officer existed at the time of the incident, and reasonably lead to the conclusion that the alarm was not false.

(Ord. 649 § 2, 2012).

In addition to other penalties provided herein, the violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 649 § 3, 2012).