Lomita Municipal Code Ch. 7 Burglar Alarms

Footnotes:

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Editor's note— Section 1 of Ord. No. 366, adopted Apr. 16, 1984, repealed Ch. 7, §§ 4-7.01—4-7.21, derived from Ord. No. 295, § 1, adopted Jan. 15, 1979; and § 2 of Ord. No. 366, enacted a new chapter, §§ 4-7.01—4-7.14.

As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended.

(a) Alarm owner means the person who uses or makes available any alarm system for use by his or her agents, employees, representatives or family.

(b) 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, and for altering persons of such an event within a building, structure or facility by means of a local audible alarm or transmission of a signal or message. Alarm systems include but are not limited to direct dial tone devices, audible alarms and proprietor alarms. Devices which are not designed or used to evoke a police or fire response or that are not intended to be audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition. Also excluded are auxiliary devices which might be damaged or disrupted by the use of an alarm system.

(c) Appellant means a person who files an appeal pursuant to this chapter.

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

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

(f) City means the City of Lomita.

(g) Day means a calendar day.

(h) Direct dial device means a device which is connected to a telephone line and upon activation of an alarm system automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response.

(i) False alarm shall mean an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. It shall be the responsibility of the owner or lessee of the system to show that cause was beyond their control.

(j) Person means an individual, firm, corporation, association, partnership, organization or company.

(k) Proprietor alarm means an alarm which is not regularly serviced by an alarm business.

(l) Sheriff means the Los Angeles County Sheriff's Department.

(m) Fire department means the Los Angeles County Consolidated Fire District.

(Ord. No. 366, § 2, 4-16-84)

No person shall install or use any alarm system which is equipped with a direct dial device which automatically dials any telephone number in any office of the sheriff or fire department.

(Ord. No. 366, § 2, 4-16-84)

For every audible alarm, the alarm owner thereof shall, in a location clearly visible from outside the premises, post the names and telephone number of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall automatically terminate within fifteen (15) minutes of its being activated.

(Ord. No. 366, § 2, 4-16-84)

No person shall install or use an alarm system which, upon activation, emits a sound similar to sirens in use for emergency vehicles or civil defense purposes.

(Ord. No. 366, § 2, 4-16-84)

After any false alarm responded to by the sheriff, a written report shall be submitted by the permittee describing actions taken to eliminate the cause of the false alarm if requested by the sheriff. This report shall be submitted within ten (10) days of the date requested by the sheriff.

(Ord. No. 366, § 2, 4-16-84)

In the event that an alarm owner sustains two (2) false alarms within a twelve-month period, the alarm owner shall not operate or use the alarm system after receiving notice to cease operation of the alarm system. The alarm system shall not again be operated or used until the alarm owner obtains a permit from the city.

The permittee has the right to appeal the determination of the sheriff that the alarm owner has sustained two (2) false alarms in a twelve-month period.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 566, § 1, 9-16-96)

Application for an alarm permit shall be filed with the city on forms provided by the city; and the applicant shall, at the time of application, pay a fee as is established by resolution of the city council. The application shall be signed and verified by the owner or lessee of the alarm system for which the permit is requested, and the application shall contain such information as may be required by the city manager.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 566, § 1, 9-16-96; Ord. No. 699, § 1, 4-2-07)

Upon receiving an application for an alarm permit, the sheriff or other person designated by the city manager shall cause an investigation to be made of the system to determine if the system complies with the requirements of this chapter and if the alarm owner has taken appropriate measures to ensure that the causes of the false alarms have been eliminated. If the sheriff so finds, the permit shall be issued. The permit may be issued with conditions to reduce the risk of false alarms.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 699, § 1, 4-2-07)

An alarm permit may be suspended by the city if, after investigation, the city determines that the permittee has violated any provision of this chapter, has violated any rules or regulations promulgated by the city pursuant to authority granted by this chapter, has failed to comply with any condition of an alarm permit, or has sustained a total of four (4) false alarms within a twelve-month period, regardless of whether any of said false alarms occurred prior to the date of issuance of the permit. The city shall send to the permittee, by registered or certified mail, return receipt requested, notice of the suspension of the permit specifying the violation or violations determined to exist and indicating that the permittee has the right to appeal the determination to suspend the permit to the city manager. The notice shall also state that the failure of the permittee to appeal the suspension within fifteen (15) days of the mailing of the notice shall result in automatic revocation of the permit upon the expiration of said fifteen-day period.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 699, § 1, 4-2-07)

If an alarm owner is aggrieved by any action of the sheriff and/or city pursuant to the provisions of sections 4-7.06, 4-7.08 or 4-7.09, the permit holder may appeal to the city manager by filing with the city manager a notice of appeal setting forth the facts and circumstances regarding the appeal. A notice of appeal shall be filed not later than fifteen (15) days after service of the notice provided for in sections 4-7.06 and 4-7.09 of this chapter.

The city manager, or his duly authorized representative, shall, within fifteen (15) days of the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the permittee, the sheriff and any other interested party, make findings, and determine the merits of the appeal. The city manager may affirm, overrule or modify the decision of the sheriff, and the decision of the city manager or his duly authorized representative shall be final.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 699, § 1, 4-2-07)

It shall be unlawful for a person to maintain, use or possess an alarm system which causes two (2) false alarms within a twelve-month period. Each subsequent false alarm during the twelve-month period shall be a separate violation of this section.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 566, § 1, 9-16-96)

(a) Violations of this chapter shall be deemed to be infractions.

(b) A first violation of section 4-7.11 (two (2) false alarms within a twelve-month period) shall be punishable by a fine not exceeding one hundred dollars ($100.00) as is established by resolution of the city council.

(c) A second violation of section 4-7.11 (three (3) false alarms within a twelve-month period) shall be punishable by a fine not exceeding two hundred fifty dollars ($250.00) as is established by resolution of the city council.

(d) A third violation of section 4-7.11 (four (4) or more false alarms within a twelve-month period) shall be punishable by a fine not exceeding five hundred dollars ($500.00) as is established by resolution of the city council for each such violation.

(e) All other violations of this chapter shall be punishable by a fine not exceeding fifty dollars ($50.00) as is established by resolution of the city council. Each and every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted shall constitute a separate offense.

(Ord. No. 366, § 2, 4-16-84; Ord. No. 566, § 1, 9-16-96)

The City of Lomita 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 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 to any alarm by any city officer, employee or agent.

(Ord. No. 366, § 2, 4-16-84)

The provisions of this article are not applicable 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. No. 366, § 2, 4-16-84)