Rancho Palos Verdes Municipal Code Ch. 9.04 Burglar Alarms

Footnotes:

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Prior ordinance history—Ordinance Nos. 116, 174, 207 and 256.

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:

A. Administrative analyst means the person to whom the city manager assigns the duties to enforce this chapter.

B. Alarm owner means the person who uses or makes any alarm system available for use by their agents, employees, representatives or family.

C. 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 alerting 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. The term "alarm system" includes, but is 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.

D. Appellant means a person who files an appeal pursuant to 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 Rancho Palos Verdes.

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 means an alarm signal which the alarm owner cannot prove was activated by 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 shall not constitute a false alarm.

J. Fiscal year means the period from and including July 1 of any year to and including June 30 of each following year.

K. Person means an individual, firm, corporation, association, partnership, individual, organization or company.

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

(Code 1981, § 9.04.010; Ord. No. 333, § 1(part), 1998)

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.

(Code 1981, § 9.04.020; Ord. No. 333, § 1(part), 1998)

For every audible alarm, the alarm owner thereof shall, in a location clearly visible from outside the premises, post the names and telephone numbers 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 15 minutes of its being activated.

(Code 1981, § 9.04.030; Ord. No. 333, § 1(part), 1998)

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.

(Code 1981, § 9.04.040; Ord. No. 333, § 1(part), 1998)

A. Public nuisance. It is declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to cause, or to permit, an alarm system on such property to be activated, other than by commission or attempted commission of an unlawful act which the alarm system is designed to detect, more than twice within any fiscal year. Any response from the sheriff's department with respect to such a false alarm shall constitute summary abatement of such a nuisance.

B. Fee. Every person owning an alarm system shall pay a fee as determined by the city council resolution for each false alarm requiring a response from the sheriff's department to the premises where the alarm is located that exceeds two law enforcement responses within any fiscal year. The fee shall be paid within 20 days following service by mail by the city of notice that the alarm system sustained a false alarm, including a billing statement, unless within such period the alarm owner files an appeal pursuant to subsection C of this section.

C. Appeal. If an alarm owner is aggrieved by any action of the administrative analyst pursuant to the provisions of this section, the alarm owner 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 20 days after service of the notice provided for in subsection B of this section. The city manager, or their duly authorized representative, shall within 15 days of the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the permittee, the administrative analyst and any other interested party, making findings, and determining the merits of the appeal. The city manager may affirm, overrule or modify the decision of the administrative analyst. The decision of the city manager or the city manager's duly authorized representative shall be final. If the city manager determines that the alarm owner must pay a fee, the fee shall be paid within 20 days following service by mail by the city of notice of the city manager's decision.

D. Special assessment. Should any alarm owner fail, refuse or neglect to pay the required fee within 60 days after it becomes due pursuant to subsection B or C of this section, the city may, at its option, proceed to make the amount of such delinquent fee a special assessment against the parcel on which the alarm system was located. The city clerk shall prepare, once a year, a report of delinquent fees under this section, and shall fix a date, time and place for a hearing on the delinquent fees and any objections or protests thereto. At least ten days prior to the date of the hearing, the city clerk shall mail, by certified mail, notice of the hearing to the property owners listed on the report. Such notice shall contain a description of the property, shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments, and shall specify the date, time and place when and where the city council will hear and pass upon the report, together with any objections or protests which may be raised by any person liable to be assessed. At the hearing, the city council shall consider the report of the city clerk, together with any objections or protests of landowners liable to be assessed for delinquent fees. The city council may order such revisions, corrections, or modifications to the report as it may deem just, after which the report and the proposed assessment, as submitted or as revised, corrected or modified, shall be confirmed by resolution. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the properties for the amount of the delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll.

(Code 1981, § 9.04.050; Ord. No. 333, § 1(part), 1998)

The city is under no obligation or duty to any alarm owner or any other person by reason of any provision of this chapter or the exercise of any privilege by any alarm owner under this chapter, 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.

(Code 1981, § 9.04.060; Ord. No. 333, § 1(part), 1998)

The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the state public utilities commission.

(Code 1981, § 9.04.070; Ord. No. 333, § 1(part), 1998)