La Verne Municipal Code Ch. 8.28 Alarm Systems

For the purpose of this chapter the following words and phrases shall have the following meanings unless it is apparent from the context that a different meaning is intended:

"Alarm agent"

means any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to (excluding public safety officers), or causing others to respond to an alarm system, in or on any building, structure or facility.

"Alarm business"

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

"Alarm system"

means any mechanical or electrical device which is designed or used for the detection of intrusion into a building, structure or facility or for alerting others of an event within a facility, or both, which event causes a local audible alarm or transmission of a signal or message. "Alarm systems" include, but are not limited to, audible alarms and proprietary alarms. Devices which are neither designed or used to evoke a police response, nor 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.

"Appellant"

means a person who presents an appeal under this chapter.

"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 an intrusion on premises, which generates an audible sound which can be heard off the premises when it is actuated.

"City"

means the city of La Verne.

"Day"

means a calendar day.

"False alarm"

means the activation of an alarm system through mechanical failure, malfunction, accidental tripping, or the erroneous operation, misuse or neglect of the owner or lessee of an alarm system, or his or her employees or agents. Upon failure of the police 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 alarm caused by earthquakes, violent winds, malfunction of telephone line circuits, or identified external causes beyond the control of the owner or lessee of the alarm system.

"Person"

means a person, firm, corporation, association, partnership, individual, organization or company.

"Proprietary alarm"

means an alarm which is not regularly serviced by an alarm business.

(Prior code § 4.10.010; Ord. 674 § 1, 1983)

Any person who, on July 5, 1983, possesses, has established, or uses an alarm system which requires a permit under this chapter, shall apply for an alarm permit, as provided in this chapter, no later than September 1, 1983.

(Prior code § 4.10.028; Ord. 674 § 1, 1983)

No person shall possess, install or use an alarm system without first applying for and receiving an alarm permit in accordance with the provisions of this chapter. When emergency messages, signals or notices are received by the police department that evidence a failure to obtain a permit or comply with any other requirement under this chapter, the chief of police may require that the owner or lessee of the alarm system initiating such message, signal or notice, disconnect the alarm system until it is in compliance with this chapter.

(Prior code § 4.10.011; Ord. 674 § 1, 1983)

Applications for an alarm permit shall be filed with the chief of police on forms provided by the city and the applicant shall at that time pay the appropriate fee which shall be established by resolution of the city council. The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary by the chief of police. Permits provided for in this chapter shall be issued by the chief of police, and shall be nontransferable. Any permit issued under this chapter shall be valid for five years.

(Prior code § 4.10.012; Ord. 674 § 1, 1983)

Upon receiving an application from any person for an alarm permit, the chief of police shall cause an investigation to be made of the system to determine if the system complies with this chapter. If the proposed system complies with this chapter, the chief of police shall cause a permit to be issued. An alarm permittee may be allowed a direct connection to the alarm board in the police department, provided facilities are available for direct connection. The city council may, by resolution, establish a direct connection fee which shall be paid on or before July 1st of each year by each alarm permit holder whose system directly connects to the police department. This section shall not be construed to permit telephonic alarm systems.

(Prior code § 4.10.013; Ord. 674 § 1, 1983)

A. If at any time it shall come to the attention of the chief of police that the holder of a permit issued under this chapter has violated any provisions of this chapter, or rules made pursuant to this chapter, through false alarms which exceed the frequency permitted by resolution of the city council, or by refusing to pay the false alarm charges, or otherwise, the chief of police may suspend the permit.

B. If an alarm permit is suspended, the notice of suspension shall be deemed served when personally served upon the permittee or deposited in the United States Postal Service, addressed to the permittee at the address shown on the permit as amended from time to time at the request of the permittee, first class postage prepaid. If within ten days after service of the notice of suspension, the permittee has not had the alarm system repaired, is not properly using and operating the system to prevent false alarms, or has not paid any delinquent false alarm charges, the permit shall be revoked; provided, the filing of an appeal pursuant to Section 8.28.070 of this chapter will delay revocation of the permit pending the outcome of the appeal. The effective date of the revocation of an alarm permit shall be ten days after service of the notice of suspension or the date of the appeals board action affirming revocation, whichever is later. If the alarm permit is revoked, the alarm system may not thereafter be used until a new permit is issued.

(Prior code § 4.10.014; Ord. 674 § 1, 1983)

A. In the event a permit is suspended as provided in Section 8.28.060 of this chapter, the permittee may present an appeal to the city manager, or his or her designee, by filing a notice of appeal with the city clerk setting forth the facts and circumstances regarding the appeal. The notice of appeal shall be filed not later than ten days after service of a notice of suspension as provided in Section 8.28.060 of this chapter.

B. The city manager shall consider the appeal not later than fifteen days from the date on which such appeal is filed with the city clerk. The city manager shall hear all relevant evidence, shall determine the merits of the appeal, and affirm, overrule or modify the decision of the chief of police.

(Prior code § 4.10.015; Ord. 674 § 1, 1983)

A. Any person who maintains or has an alarm which has caused any signal, message or alarm to be transmitted to the police department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is found to be a false alarm, shall pay a false alarm charge to the city as established by resolution of the city council.

B. If the number of false alarms in any three-hundred-sixty-five-day period exceeds the limit established by resolution of the city council, the alarm permit may be suspended or revoked as provided in Section 8.28.060, while payment of the false alarm charge is still required.

(Prior code § 4.10.016; Ord. 674 § 1, 1983)

All alarm systems and appurtenant equipment installed within the city shall meet or exceed the workmanlike standards of the industry and those standards which may hereafter be established by the city. The city reserves the right to inspect all systems installed within the city.

(Prior code § 4.10.017; Ord. 674 § 1, 1983)

In addition to the information required in Section 8.28.040, the alarm permittee shall supply on his or her application for permit the names, addresses and phone numbers of the selling or installing alarm company, or if the permittee is not under a service contract with an alarm business, at least two persons to call in event of emergency. In the event the names, addresses and phone numbers change, the permittee shall apply the changes within ten days of the change.

(Prior code § 4.10.018; Ord. 674 § 1, 1983)

All audible alarm systems, excluding fire alarms which indicate the functioning of an automatic fire alarm or sprinkler system, shall include a device which will limit the generation of the audible sound of the system to not longer than fifteen minutes after activation when the alarm system is protecting a residential structure and fifteen minutes when the alarm system is protecting a commercial structure.

(Prior code § 4.10.019; Ord. 674 § 1, 1983)

All burglary detection alarm systems installed after July 15, 1983, that directly transmit a signal to the police facility shall include a device which will provide a minimum of a thirty-second delay of the original transmission and activate a signal immediately in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such 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 the transmission of a false alarm.

(Prior code § 4.10.020; Ord. 674 § 1, 1983)

An alarm system shall be supplied with an uninterruptible power supply in such a manner that the failure or interruption of the normal utility electric service will not activate the alarm system. The back-up power supply must be capable of at least four hours of operation.

(Prior code § 935.021; Ord. 674 § 1, 1983)

Permittees shall notify the police department prior to any service, test, repair, maintenance, adjustment, alterations or installations of systems which would normally result in a police response, which might activate a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm.

(Prior code § 4.10.022; Ord. 674 § 1, 1983)

It is unlawful to install or use an alarm system which upon activation emits a sound similar to sirens in use on emergency vehicles or for a civil defense purpose.

(Prior code § 4.10.023; Ord. 674 § 1, 1983)

No person shall operate or maintain a telephonic alarm system which automatically transmits a signal, message or warning to the city police department by means of any public telephone line.

(Prior code § 4.10.024; Ord. 674 § 1, 1983)

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.

(Prior code § 4.10.025; Ord. 674 § 1, 1983)

The city is under no obligation or duty to any permittee or any other person by reason of any provision of this chapter, or the exercise of any privilege by any permittee under this chapter, including, but not limited to, connection to a city alarm board, for any defects in the alarm board at the police department, any delay in transmission of an alarm message to any emergency unit, or any damage caused by delay in responding to any alarm by any city officer, employee or agent.

(Prior code § 4.10.026; Ord. 674 § 1, 1983)

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of five hundred dollars or imprisonment in the County Jail not exceeding six months, or by both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person.

(Prior code § 4.10.027; Ord. 674 § 1, 1983; Ord. 725 § 1, 1986)