Chapter 9.04 — FALSE ALARMS

The purpose of this chapter is to provide regulations for alarm systems purchased by the public which either mechanically malfunction or are not operated properly by their users causing an increase in false alarm reports which require an immediate response from the Orange Police Department, thus needlessly diverting limited police resources.

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

"Alarm system" means an assembly of devices arranged to signal the presence of a hazardous condition to which police customarily respond, and include devices designed to signal the presence of a hazard which emit an audible sound in or on the premises when actuated.

1. "Nonresidential 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 used primarily for non-business purposes and intended for habitation, including individual dwelling unit(s) within a single or multiple family structure.

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

"Automatic protection device" means a device that reports a hazardous condition to a remote location over the regular telephone network by dialing a pre-programmed telephone number then delivering a prerecorded voice message identifying the nature and location of the alarm.

"Dialer trunkline" means a telephone line leading into the Police Department used only for alarms with an automatic protection device.

"False alarm" means an alarm signal to which police respond, or are summoned to respond, but where a hazardous condition does not exist.

"Hazardous condition" means 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.

"Person" means any individual, partnership, corporation, or other entity.

"Police Department" means the Police Department of the City of Orange, California, and "Chief of Police" means the Chief of the Orange Police Department or authorized representative.

"Primary trunkline" means a telephone line leading into the communications center of the Police Department used for the purpose of handling emergency calls on a person-to-person basis, and which line is identified by a specific listing among the emergency numbers in the telephone directory issued by the telephone company serving the City.

"Secondary trunkline" means a telephone line leading into the Police Department that is identified by a specific listing in the telephone directory for handling administrative and other non-emergency calls on a person-to-person basis.

(Prior code 3600.2; Ord. 6-76; Ord. 37-77; Ord. 37-83; Ord. 01-11, 2011)

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.04.030

§ 9.04.030

Each person utilizing any alarm shall comply with the following conditions:

• A. Audible Alarms. Audible nonresidential alarm systems shall be equipped with an automatic shut off mechanism capable of terminating the audible annunciator after activation with a maximum time of 30 minutes.

Audible residential alarm systems shall be equipped with an automatic shut off device capable of terminating the audible annunciator after activation with a maximum time of 15 minutes.

The annunciator, when activated, shall not resemble the sound of any type of sirens utilized by emergency vehicles.

• B. Power Requirements. The alarm system shall not transmit a signal nor activate an annunciator indicating the existence of a hazardous condition when its power is interrupted or restored unless a hazardous condition does in fact exist.

• C. Emergency Information. Emergency cards shall be filed with the Police Department. The Police Department shall be notified immediately of any changes in persons responsible for operating the alarm system.

• D. Monitoring Services. Users of alarm systems terminating at an alarm monitoring service shall provide a current list of at least three names with addresses and telephone numbers of individuals who have access to the business or residence protected by the alarm system.

• E. Automatic Protection Devices. Automatic protection devices shall not be keyed to primary or secondary trunklines but to the dialer trunkline in compliance with the following conditions:

  1. Residential alarm systems shall not be keyed in this manner.

  2. Nonresidential alarm systems may be keyed in this manner provided the following conditions are met:

     • a. The content of the recorded message must be intelligible and contain the following sentence: "This is a recorded alarm of a (burglary/robbery) occurring now at (company name, address, telephone number)."

     • b. No recorded message shall be delivered to the Police Department more than two times as the result of a single stimulus of the sensory mechanism.

     • c. The length of time for transmitting the recorded message shall not exceed 20 seconds.

     • d. Such a device must be capable of transmitting an alarm message to two or more recipients, so that upon activation, any message will be sent not only on the dialer trunkline, but also on the line of an authorized person having a key to the premises who is available to respond to an emergency.

     • e. The sensory mechanism used in connection with such devices must be adjusted to suppress false indications of hazardous conditions. These devices must not be activated by impulses due to transient pressure changes in water pipes, short

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City of Orange, CA § 9.04.030

ORANGE CODE

§ 9.04.060

flashes of light, wind, rain, fog, power interruption, noises generated by the rattling of windows or doors, vehicles or other forces unrelated to an actual hazardous condition.

• f. All components comprising such a device must be maintained by the owner or lessee in good repair to assure reliability of operation.

• F. Multiple Premises. Any person who occupies more than one building, suite, office or other tenancy from which an alarm system is installed or used, and the alarm system is monitored or utilizes an automatic protection device, shall adjust or alter the alarm system to automatically indicate to the person receiving the alarm from which building, office, suite or tenancy the alarm originates.

• G. Public Nuisance. The City Council hereby deems as a public nuisance any alarm system which, by malfunction or misuse, violates the provisions and conditions set forth in Sections 9.04.030(A) or 9.04.030(E) and in doing so directs the Police Department to cause to be disconnected or disabled the alarm system or component part(s) causing the nuisance until corrective measure can be taken by the system user or owner.

• (Ord. 01-11, 2011)

• A. Any alarm system to be considered for connection to the police alarm panel must be approved by the Chief of Police.

• B. Residential alarm systems will not be accepted for connection to the police alarm panel.

• C. Such alarm systems shall not be tested by the Police Department, at the person's request, more than once per month, unless authorized by the Chief of Police.

• D. The Chief of Police may order such alarm systems to be disconnected if they violate any section of this chapter.

(Prior code 3600.3(b); Ord. 6-76; Ord. 37-83; Ord. 01-11, 2011)

Violation of any of the following items may result in discontinuance of police response to any alarm signal received by the Police Department and may not be reinstated until authorized by the Chief of Police.

• A. False Alarms.

  1. Warning Letters. If an alarm system emits a false alarm, a warning letter will be issued by the Police Department. The second false alarm within a 365 day period from the first false alarm will also cause a warning letter to be issued by the Police Department which contains information pertaining to this section controlling false alarms and penalties.

  2. Penalties. The third and any subsequent false alarm originating from any premises within the 365 day period, as stipulated in subsection (A)(1) of this section, will result in a penalty being imposed upon the alarm user which must be paid within 30 days

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.04.060

§ 9.04.070

after billing. The penalty shall be as prescribed in the City of Orange Master Schedule of Fees and Charges, which may be amended from time to time by resolution of the City Council.

• Exceptions:

• a. If the user shows that any false alarm was the result of conditions beyond the user's control and not the result of negligence of the user or any of his or her employees and that if the result of any defect in the alarm system the user neither knew of, nor in the exercise of due care should have known of such a defect, such false alarm shall not be deemed a "false alarm" as used in the section.

• b. New alarm users, and current users, upon proof of upgrading or replacing inservice alarms, will be permitted a 30-day adjustment period to correct mechanical problems before the provisions of (A)(1) and (A)(2) of this section take effect subject to the following:

  • i. The 30-day adjustment period shall start the day the alarm becomes operational and testing begins.

  • ii. No more than three false alarms shall be permitted during the above 30-day period. The provisions of (A)(1) and (A)(2) of this section shall commence with the fourth false alarm during this 30-day period.

• B. Intentional Activations. The intentional activation of an alarm system by any person, when a hazardous condition does not exist, shall be cause for immediate discontinuance of police response. Hazardous conditions justifying activation of an alarm are to include only those which the person's alarm system was specifically designed to detect or to alert the Police Department.

• C. Failure to pay any false alarm penalty under this chapter within 30 days after billing.

• D. Noncompliance with the Business and Professions Code of the State of California as it pertains to alarm users contracting with unlicensed alarm operators.

• E. Noncompliance with the provisions of Sections 9.04.030(A) or 9.04.030(E) of this chapter. (Prior code 3600.3(c); Ord. 6-76; Ord. 37-83; Ord. 25-92; Ord. 01-11, 2011)

Any person whose alarm service is ordered discontinued may appeal such decision to the City Council within 15 days from the date such order is issued. If appealed, such order of discontinuance or termination shall not be operative until the City Council rules on said appeal. The City Council may affirm, modify or overrule the order of the Chief of Police. (Prior code 3600.4; Ord. 6-76; Ord. 37-83)

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City of Orange, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.08.010

§ 9.08.020