La Palma Municipal Code Ch. 4 Alarm Systems

Footnotes:

--- (1) ---

State Law reference— Alarm Company Act, Business and Professions Code § 7590 et seq.; local authority of cities to require that alarm system companies obtain business permits, require alarm agents and operators register with the City their name and State issued identification card, regulate false alarm activations and responses, and require owners of alarm systems to obtain a permit to operate the system, Business and Professions Code § 7592.8.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm agent means any persons employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, or servicing of an alarm system, or responding to or causing others to respond to an alarm system, in or on any building, structure or facility. This also includes a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this provision or any person in training for any of the duties described in this provision.

Alarm business means the business carried on by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, or installed any alarm system in or on any building, structure or facility.

Alarm system.

(1) The term "alarm system" means any mechanical or electrical device which is designed or used for the detection of fire, intrusion into a building, structure or facility or for alerting others of an event within a facility, or both, which device causes a local audible alarm or transmission of a signal or message. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms, and proprietor alarms.

(2) Devices which are not designed or used to evoke a police or fire response, or used to register alarms that are intended to be audible, visible, or perceptible outside of the protected building, structure, 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.

Applicant means a person who files an application for a permit as provided in this chapter.

Audible alarm means a device designed for the detection of fire or of an intrusion on premises, which generates an audible sound on the premises when it is activated.

Automatic dialing device means 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.

Direct alarm means any alarm system connecting an authorized source to the City Police Department by a leased telephone line or any other direct line that has no intermediate station and terminates at an independent monitor module at the Police Department.

False alarm means the activation of an alarm system, whether or not the system is a direct system, through mechanical failure, accidental tripping, mis-operation, malfunction, misuse or the neglect of the owner or lessee of an alarm system, or of his or her employees or agents. Upon failure of the Police Department or Fire Department to find any evidence of intrusion, fire, or other need or cause for activating an alarm system, a conclusive presumption of false alarm will be made. False alarm shall not include alarms caused by earthquakes, violent winds, malfunction or telephone line circuits, or external causes beyond the control of the owner or lessee of the alarm system.

Permittee means the holder of an alarm permit issued pursuant to this chapter.

Police Department means the Police Department of the City of La Palma.

Terminal monitor module means a device installed at the Police Department to which direct alarms are connected by means of a telephone lease line and which is maintained by the City or its licensee.

(Code 1975, § 3A-1; Ord. No. 93-06)

No person shall engage in, conduct business as, or operate as an alarm agent within the City, nor engage in or conduct an alarm business within the City, without first obtaining a City business license, and without first obtaining any and all appropriate licenses from the department of consumer affairs.

(Code 1975, § 3A-2; Ord. No. 93-06)

Within ten days of installing any new alarm system covered by this chapter, any alarm agent or alarm business that causes such installation to occur, or assists in such installation, shall notify the Police Department of such installation. A violation of this section shall be grounds to revoke an alarm agent's or alarm business' business license.

(Code 1975, § 3A-3; Ord. No. 93-06)

No person shall install or use an alarm system on any premises without first applying for and receiving an alarm permit from the City in accordance with the provisions of this chapter.

(Code 1975, § 3A-4; Ord. No. 93-06)

Applications for an alarm permit shall be filed with the Police Department on forms provided by the City, and the applicant shall at that time pay a permit fee in an amount established by resolution of the City Council.

(Code 1975, § 3A-5; Ord. No. 93-06)

The alarm permit application shall include the names, addresses, and phone number of the alarm business and alarm agent selling or installing the alarm system. The application shall additionally provide the name, address, and phone number of the alarm business or agent proposed to provide service to the alarm system once installed, or if the permittee will not be under a service contract with an alarm business, the names, phone numbers, and addresses of at least two persons, who do not reside at the premises where installation of the alarm system is proposed, to call in event of an emergency.

(Code 1975, § 3A-5.1; Ord. No. 93-06)

Upon receiving a complete application from any person for an alarm permit, the Police Chief or his or her designee shall cause an investigation to be made of the proposed alarm system to determine if the system complies with the requirements of this chapter. If the proposed system complies with this chapter, and any other codes, rules or regulations that may be applicable, the application shall be approved by the Police Chief, and he or she shall cause a permit to be issued.

(Code 1975, § 3A-6; Ord. No. 93-06)

Subscribers of direct alarms terminating at the Police Department's terminal monitor module shall pay a fee for the service of the terminal monitor module in an amount established by resolution of the City Council.

(Code 1975, § 3A-7; Ord. No. 93-06)

Whenever any change occurs relating to the written information required by the alarm permit application, the permittee shall give written notice of such change to the City within 20 days.

(Code 1975, § 3A-8; Ord. No. 93-06)

A separate alarm permit shall be required for each premises on which an alarm system is used or installed. Once issued, the alarm permit shall not be transferable.

(Code 1975, § 3A-9; Ord. No. 93-06)

The provisions of this chapter are not applicable to audible alarms affixed to automobiles, boats, boat trailers, or recreational vehicles, or other motorized vehicles.

(Code 1975, § 3A-10; Ord. No. 93-06)

The permit requirements of this chapter shall apply to any person or entity that already possesses, has installed, or uses an alarm system to which this chapter applies.

(Code 1975, § 3A-11; Ord. No. 93-06)

No person shall intentionally initiate a false alarm, except for purposes of testing alarm systems. Prior to testing an alarm system in such a manner that a signal will be emitted which could be construed as a false alarm, the person or entity conducting the test shall notify the Police Department that such a test will be occurring.

(Code 1975, § 3A-12; Ord. No. 93-06)

No person shall intentionally and maliciously tamper with, render inoperative, or damage any alarm system covered by this chapter.

(Code 1975, § 3A-13; Ord. No. 93-06)

It shall be unlawful for any person, firm, corporation, or other entity to install, use or maintain any alarm system contrary to or in violation of any of the provisions of this chapter.

(Code 1975, § 3A-14; Ord. No. 93-06)

(a) When any emergency alarm, message, signal, or notice is received by the Police Department which evidences a failure to comply with the requirements of this chapter or a permit issued hereunder, the Police Chief or his or her designee is authorized to direct that the owner or lessee of the alarm system initiating such alarms, messages, signals or notices, or his or her representative, disconnect the alarm system until it is made to comply with such requirements.

(b) The owner or lessee of any alarm system which has caused more than three false alarms to be transmitted to the Police Department in any 12-month period, either by telephone or other communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, shall pay a false alarm prevention fee, in an amount established by resolution of the City Council.

(c) An alarm permit may be revoked, as provided in this chapter, in addition to assessing the false alarm prevention fee in cases where in excess of three false alarms are received in a 12-month period, or in the event of failure to pay applicable false alarm prevention fees.

(d) Exceptions. A 30-day adjustment period to correct mechanical problems shall be allowed for any new, improved, or replaced alarm system, during which penalties for false alarms shall not apply, provided the responsible party demonstrates to the Police Chief or his or her designee that false alarms received during that period were the result of conditions beyond the control of the responsible party, and not the result of negligence on the part of that person or of his or her employees.

(Code 1975, § 3A-15; Ord. No. 93-06)

(a) If at any time the Police Chief or his or her designee determines that the holder of a permit issued pursuant to this chapter has violated any provision hereof, or any term or condition of an alarm permit issued hereunder, including but not limited to, being responsible for excessive false alarms as provided in section 4-16, or failing or refusing to pay the false alarm prevention fee provided for herein, the Police Chief or his or her designee may revoke said permittee's alarm permit.

(b) When an alarm permit is to be revoked, the Police Chief or his or her designee shall give the permittee 15 days notice of the City's intention to do so by personal service or by first class or certified mail, postage prepaid, addressed to the permittee at the address set forth on the permit application. Notice shall be deemed given upon personal service or upon placing written notice in the United States mail as provided herein. If within such 15-day period the permittee fails to present satisfactory evidence to the Police Chief or his or her designee that the system has been repaired, replaced or altered so as to conform to the requirements of this chapter, or fails to pay outstanding false alarm prevention fees, and if the permittee fails to file an appeal to the City Manager or his or her designee, the permit shall be revoked at the expiration of such 15-day period. Once a permit has been revoked, the permittee shall disconnect or otherwise render the alarm system for which the permit was issued inoperable, and shall not operate said alarm system until a new permit has been issued.

(c) If a permit for an alarm system connected to the terminal monitor module is revoked, said alarm system shall be disconnected from the terminal monitor module upon revocation.

(Code 1975, § 3A-16; Ord. No. 93-06)

A permittee may appeal any action of the Police Chief or his or her designee pursuant to the provisions of this chapter to the City Manager or his or her designee, by filing with the City Clerk a notice of appeal, setting forth the facts and circumstances regarding the appeal. The notice of appeal shall be filed not later than 15 days after the notice of revocation is given to the permittee. The City Manager or his or her designee shall within 15 days from the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm permittee, the Police Chief or his or her designee, and other interested parties, and make findings and determine the merits of the appeal. The City Manager or his or her designee may affirm, overrule, or modify the decision of the Police Chief or his or her designee and the decision on such appeal shall be final.

(Code 1975, § 3A-17; Ord. No. 93-06)

The City is under no obligation or duty to the permittee or any other person by reason of any provision of this chapter, including but not limited to guarding against any defects in a police or fire alarm system; and delay in transmission of an alarm message by any City officer, employee or agent; or damage caused by delay in responding to any alarm by any City employee, officer or agent.

(Code 1975, § 3A-18; Ord. No. 93-06)

(a) Audible alarm requirements.

(1) Every audible alarm system shall have a device which will limit the generation of the audible sound of the system to not longer than 15 minutes after activation, when the alarm system is protecting a residential structure, or 30 minutes when the alarm system is protecting a commercial structure. Such systems, however, shall include an automatic resetting device which shall cause the subject system to be rearmed upon automatic shutoff.

(2) No person shall install or maintain an audible alarm or other alarm system annunciator affixed to the exterior of a building which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes.

(b) Delay device requirements. Any alarm system that is connected to the terminal monitor module shall include a device which shall provide a minimum 30-second delay of the original transmission to the terminal monitor module, but activate a signal immediately in such a manner as to be perceptible to a person entering, leaving, or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation but prior to transmission of a false alarm to the terminal monitor module.

(c) Power supply. An alarm system shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four hours of operation.

(d) Automatic communication device. No automatic communication device shall be programmed to a 911 emergency public safety answering point. Alternate police communication telephone lines may be utilized for this purpose only after approval of the Police Chief or his or her designee.

(Code 1975, § 3A-19; Ord. No. 93-06)

Fees prescribed in this chapter shall be in addition to any other lawful fees imposed by the City for doing or conducting business within the City.

(Code 1975, § 3A-19.1; Ord. No. 93-06)

Applicants for alarm permits for any alarm system that will terminate at the terminal monitor module shall pay a fee in an amount to be established by the City Council at the time of submitting a completed application, in addition to any other fee provided for herein, to reimburse the City for additional costs incurred in investigating the proposed system.

(Code 1975, § 3A-20; Ord. No. 93-06)