Chapter 8.48 — SECURITY ALARM SYSTEMS

Sections:

• 8.48.010 Purpose.
• 8.48.020 Definitions.
• 8.48.030 Misuse of alarm system.
• 8.48.040 Direct dialing devices.
• 8.48.050 Exemptions--Special alarm systems.
• 8.48.060 Preexisting alarm systems.
• 8.48.070 Instruction as to operation of alarm systems.
• 8.48.080 Alarm user's permit.
• 8.48.090 Alarm user's permit--Approval/denial.
• 8.48.100 Alarm system requirements.
• 8.48.110 Alarm agent--Registration required.
• 8.48.120 Permit for alarm business--Required.
• 8.48.130 Application for alarm business permit.
• 8.48.135 Alarm business–Customer information.
• 8.48.140 False alarm fees.
• 8.48.145 False alarm fees--Appeals.
• 8.48.150 Public nuisance--False alarms.
• 8.48.160 Administration.
• 8.48.170 Violation--Infraction.
• 8.48.180 Enforcement.

The purpose of this chapter is to establish a permit system and standards and controls to reduce the incidence of false alarm calls responded to by the Signal Hill police department or other public emergency response providers, and to provide penalties for violation of standards and controls and a fee system that allows the city to recover its costs for responding to false alarms. (Ord. 2013-07-1456 § 1 (part))

For the purpose of this chapter, the following definitions shall apply:

A. "Alarm agent" means any person who is employed by an alarm business, whether directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, installing or monitoring on any building, place or premises any alarm system. B. "Alarm business" means any person, firm or corporation engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, place or premises. C. "Alarm dispatch request" means a request made to the police department to respond to an alarm site. D. "Alarm site" means the location where an alarm system has been activated. E. "Alarm system" means any mechanical or electrical device or assembly of devices designed or used for the detection of an unauthorized entry into a building, structure or facility; or for alerting others to the commission of an unlawful act within a building, structure or facility; or for alerting others to the commission of an unlawful act within a building, structure or facility; or to signal the presence of a hazard or emergency situation; and which, when activated, emits a sound or transmits a signal which is intended to either directly or indirectly summon police, fire or emergency service response. F. "Alarm user" means the owner of a structure or facility equipped with an alarm system, a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system, or other person who has responsibility for or control over alarm system activations, or maintains a proprietary alarm system. G. "Audible alarm" means a device designed for the detection of intrusion on premises which generates an audible sound on the premises when it is activated. H. "Cancellation" means a notification made by an alarm business after an alarm dispatch request has been made, that notifies the responding emergency agency that there is not an emergency situation at the alarm site requiring a response by a law enforcement agency or other emergency response provider. The alarm business, as used in this subsection, must be the same service that made the alarm dispatch request. I. "Chief of police" means the police chief of the Signal Hill police department, or his or her designee. J. "Disconnect order" means an order by the chief of police that the alarm system has been deemed a public nuisance and the alarm permit has been revoked. K. "False alarm" means the use or activation of an alarm system in the absence of an actual emergency situation, which results in the response of police or other public emergency service provider; or use or activation of an alarm system to summon police or emergency service personnel in any situation other than an emergency situation; or the use or activation of an alarm system to summon police to incidents of shoplifting, petty theft, disturbances, prowlers, suspicious circumstances or to any incident where all suspects are believed to have left the scene. The use or activation may be caused intentionally or unintentionally, including by mechanical failure, accident, misoperation, malfunction, misuse, or negligence, of either the owner or lessee of the alarm system or their employees or agents. A false alarm does not include any of the following:

1. A cancellation made within three (3) minutes after the alarm dispatch request is made and prior to the responding police officer(s) or other emergency response provider(s) arriving at the alarm site.
2. An activation of an alarm system that can be reasonably associated by the responding officer(s) with an actual or attempted criminal offense at the alarm site.
3. An activation of an alarm system that is determined by the responding officer(s) to be the result of an earthquake, hurricane, tornado, or other unusual meteorological event. L. "Proprietary alarm systems" means an alarm system which is monitored directly by the alarm user or by an alarm business, and which is not designed to directly summon police or other public emergency service response. Activations of proprietary alarms shall be investigated by the alarm user, the alarm user's alarm business or some other person, with police or emergency service personnel being notified only after confirmation that an emergency situation requiring public emergency services exists. M. "Silent alarm" means a system which is monitored remotely by an alarm agent or alarm user and, when activated, sounds a bell, buzzer or light at a location other than where the alarm system has been installed. N. "Emergency situation" means a situation which does or reasonably may be suspected to pose an actual, imminent threat to human health or safety, or actual, imminent threat of severe property damage. O. "SIA Control Panel Standard CP-01" means the American National Standard Institute (ANSI) approved Security Industry Association (SIA) CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce false alarms. Control panels built and tested to this standard by a nationally recognized testing organization, shall be officially marked to state: "Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction." P. "Verify" means an attempt by an alarm business that monitors alarms to contact the alarm site and/or alarm user by telephone and/or other electronic means (such as video or audio transmissions), whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting alarm dispatch. To verify by telephone shall require,

at a minimum that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves. (Ord. 2014-01-1465 § 1; Ord. 2013-07-1456 § 1 (part))

A false alarm is a misuse of the alarm system and a violation of this chapter subject to all of the remedies provided in this chapter. (Ord. 2013-07-1456 § 1 (part))

No alarm system shall be installed or maintained which automatically direct dials the telephone number of the police department or “Emergency 9-1-1" line to summon an emergency response of the police department or other public emergency service provider. (Ord. 2013-07-1456 § 1 (part))

The provisions of this chapter shall not be applicable to: A. Audible alarms affixed to automobiles, unless the vehicle alarm is connected to a central monitoring system; B. Fire or smoke sensor alarm systems or detectors when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems; C. Emergency medical crisis alarms when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems; D. Government offices, buildings or facilities of the city; E. Public schools, offices and buildings. (Ord. 2013-07-1456 § 1 (part))

The provisions of this chapter shall be applicable to all alarm systems as defined in Section 8.48.020(A), and not specifically exempted by Section 8.48.050 within the city. All owners of alarm systems installed and operational prior to the adoption of the ordinance codified in this chapter shall have one hundred twenty days from the effective date of the ordinance to obtain an alarm users permit pursuant to Section 8.48.080. (Ord. 2013-07-1456 § 1 (part))

It shall be the responsibility of the alarm business to instruct the alarm user in the proper use and operation of the alarm system, whether silent or audible, as frequently as necessary, especially in those factors which can cause false alarms. The alarm business shall instruct the alarm user that knowingly activating an alarm system in the absence of an emergency situation is a criminal offense under Section 148.3 of the California Penal Code. The alarm business shall instruct the alarm user that intentionally and unintentionally activating an alarm system in the absence of an emergency situation may be a violation of Section 8.48.030 and can result in criminal, administrative and/or civil fines, fees and penalties. The alarm business shall also inform the alarm user that an alarm user’s permit is required for all alarm systems within the city, and shall supply the alarm user with an alarm user’s permit application. The permit application shall be made available to the alarm company at no cost. (Ord. 2013-07-1456 § 1 (part))

A. No person shall install or cause to be installed, use or maintain an alarm system on any premises within the city without first obtaining an alarm user’s permit from the city in accordance with this section. The alarm user’s permit and all renewals for an alarm user’s permit shall be applied for on a form prescribed by the chief of police, which shall include:

1. The address of the premises where the alarm system is to be located;
2. The name, address and telephone number of the alarm user;
3. The name, address and telephone number of a designated second and third person who may be contacted in case of

an emergency on or about the premises; 4. The name, address and telephone number of the alarm business who will render information, service or repairs for the system during any hour of the day or night. The application shall be accompanied by a nonrefundable fee in such amount as established by resolution of the city council. B. A separate alarm user’s permit shall be required for each premises or address on which an alarm system is used or installed. Alarm user’s permits shall not be transferrable. A new alarm user’s permit shall be required whenever there is a change in a business’s name, ownership or location. With regard to an alarm system installed at a residence, a new alarm user’s permit shall be required whenever there is any change in ownership. For any change in occupants of a residence with an alarm system, the holder of the alarm user’s permit shall update the information submitted to the city in his/her application to include the name(s) and telephone number of the new occupants. C. If requested by the police department, person(s) designated in the permit application shall be required to be present at the premises of the alarm system within forty-five minutes after being advised that the police department or other emergency service provider has received any signal or message of an alarm activation at that location. D. Alarm user’s permit fees shall be established by resolution of the city council. E. Alarm user’s permits shall be effective upon issuance, and be valid for two years from date of issuance. F. Failure to renew an alarm user’s permit later than sixty days after expiration is a violation of this chapter and is subject to all the remedies available under this chapter. (Ord. 2013-07-1456 § 1 (part))

A. Approval.

1. Upon finding the requested alarm user’s permit application conforms to the provisions of this chapter and other applicable provisions of the Signal Hill Municipal Code, and that all applicable fees have been paid, the police chief shall issue or renew the alarm user’s permit.
2. The issuance of an alarm user’s permit is for registration purposes only. Issuance of the alarm user’s permit shall not constitute approval by the chief of police or the city as to the effectiveness or operability of any permitted alarm system. The issuance of the alarm user’s permit shall create no obligation or duty to the 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 alarm systems and delays in transmission of an alarm message by an alarm service provider to the police department or damage caused by delay in responding to any alarm by any city employee, peace officer or agent or by reason of discontinuance or suspension of service. A notice of this subsection 2. shall be included with the alarm user’s permit. However, failure to receive a notice of this subsection with the permit shall not otherwise alter the rights or obligations provided herein. B. Denial. The police chief shall deny the alarm user’s permit application if he/she determines any of the following:
3. The requested alarm user’s permit is in conflict with any provision of the Signal Hill Municipal Code;
4. The applicant, his employee or agent has knowingly made a false, misleading or fraudulent statement of a material fact in the application;
5. The applicant has had a similar permit revoked for good cause and has failed to show material change in the circumstances since the date of revocation;
6. The applicant has failed to pay all applicable fees, including without limitation any delinquent false alarm fees. Upon any such denial, the chief of police shall notify the applicant in writing, specifying the grounds for denial. Any such denial shall be final unless the applicant appeals the decision to the city council, in writing, within ten days of the mailing or other delivery of the notice of denial. The notice shall advise the applicant of the right of appeal and time deadlines for bringing the appeal. (Ord. 2013-07-1456 § 1 (part))

A. Audible Alarms.

1. Every audible alarm installed shall be equipped with a timer which, after alarm activation, automatically silences any external sounding devices within the following time period. a. Residential areas: fifteen minutes; b. Commercial or industrial areas within 500 feet of residences: fifteen minutes; c. Other commercial and industrial areas: thirty minutes.

2. Audible alarms used in conjunction with fire and mechanical equipment failure detection systems shall be conspicuously marked to indicate the nature of the emergency being reported.

3. No audible alarm may, when activated, emit a sound similar to the siren of authorized emergency vehicles as defined in Section 165 of the California Vehicle Code, as may be amended. B. Uninterruptable Power Supply. Every alarm system shall be equipped with a "back-up" power supply capable of maintaining alarm operation for a period of not less than four hours following the interruption of normal electrical utility service. C. Telephone Required. Any premises which is protected by a silent alarm system shall have an operational telephone immediately available for the use of the alarm user. D. Required Responses. In the event of an alarm activation, the responding officer may require that the alarm user or their representative respond to the alarm location. Upon such request, the alarm user or their representative shall respond with keys to the protected premises within forty-five minutes of notification. In the event that the alarm user or their representative cannot be located or refuses to respond, the alarm will be considered a false alarm even if it is determined later that an actual crime did occur. E. Minimum Installation Standards. All alarm systems shall be installed in such a manner as to ensure that they cannot be activated by normal or foreseeable noncriminal activities in or around the protected premises. Such activities include but are not limited to: rattling of doors, walls and windows; passing vehicular traffic; vibration and other normal operating effects of heating and air-conditioning systems; power system fluctuations; stray radio signals; stray animals; and reasonable foreseeable weather conditions. F. Operating Instructions. The alarm user shall ensure that all persons in the possession or control of an alarmed premises are instructed in the proper use of the alarm system and are aware of the provision of this chapter. G. Control Panel Standard. Ninety (90) days after enactment of this section, on all new and upgraded installations, only alarm control panel(s) that meet SIA Control Panel Standard CP-01 shall be used for alarm systems. H. Alarm Monitoring. An alarm business that monitors alarm systems shall do all of the following when requesting an alarm dispatch:

4. Verify. Before requesting an alarm dispatch, the alarm business shall verify, as defined in Section 8.48.020, that the alarm signal is valid and not a false alarm. The above notwithstanding, an alarm business is not required to verify a panic or robbery-in-progress alarm signal, or in cases where a crime-in-progress has been verified by video and/or audible means.

5. Permit Number. When an alarm business requests alarm dispatch, it shall provide the alarm user permit number, when available, to the communications center to facilitate dispatch and cancellations.

6. Location. When an alarm business requests alarm dispatch, it shall provide all available and relevant information about the location of the alarm site, including without limitation, the nearest cross streets, and any information the alarm business has regarding unique circumstances that would make locating the alarm site difficult to the responding officer(s).

7. Cancellation. After requesting an alarm dispatch, an alarm business shall communicate a cancellation as soon as possible upon determining that there is not an emergency situation requiring a response by a law enforcement agency or other emergency response provider. (Ord. 2014-01-1465 § 2; Ord. 2013-07-1456 § 1 (part))

Any person acting as or performing the duties of an alarm agent within the city shall carry on his or her person at all times while so engaged a valid registration card issued to him/her by the State Director of Consumer Affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code, as may be amended, and shall display such card to any officer or agent of the city upon request. (Ord. 2014-01-1465 § 3; Ord. 2013-07-1456 § 1 (part))

No person who is not licensed by the California Department of Consumer Affairs shall be issued a permit to operate an alarm business in the city. No person shall operate or conduct an alarm business in the city without first obtaining a permit issued by the city. (Ord. 2013-07-1456 § 1 (part))

Application for an alarm business permit shall be filed with the city business licensing clerk on forms provided by the chief of police. The application shall be signed and verified by the owner or manager of the alarm company for which the permit is requested and the application shall contain such information as required by the chief of police in order to ensure that the permit is issued in accordance with the provisions of this chapter. (Ord. 2013-07-1456 § 1 (part))

Alarm businesses shall provide to the chief of police every six (6) months an updated list of the name and address of every customer for whom the alarm system has sold or installed an alarm system and/or are or will be providing monitoring services. (Ord. 2013-07-1456 § 1 (part))

A. An alarm user, whether they hold an alarm user’s permit or not, shall be liable to the city for the costs of the police department responding to false alarms (based upon the service requested in the alarm dispatch request). A false alarm response fee shall be paid to the city for every false alarm occurring after the first false alarm has been received from any alarm system within any consecutive twelve (12) month period. No fee shall be charged for false alarms occurring within thirty (30) days following initial installation of any new alarm provided the system otherwise complies with the requirements of this chapter. B. The fees required in this section shall be established by resolution of the city council and shall be in an amount to reimburse the police department for its reasonable costs to respond to false alarms based upon the level of service provided. The fee shall be assessed based on the service requested in the alarm dispatch request. For example, if an alarm dispatch request reports a burglary, then the fee assessed shall be based on the level of service provided to respond to a burglary. C. The city shall provide notice at the time of imposing a fee under this section that the party against whom the fee or fine has been assessed or imposed has the right to appeal pursuant to section 8.48.145. (Ord. 2013-07-1456 § 1 (part))

A. Request for a Hearing. Any person who has been assessed a fee imposed under section 8.48.140 may appeal the fee to the city council by filing a notice of appeal to the city clerk within fifteen days from the date the fee was assessed and depositing the full amount of the assessed fee and/or imposed fine with the city. B. Waiver of Right to Hearing. The appellant’s failure to appear at a scheduled hearing shall be deemed an admission of guilt and failure to exhaust administrative remedies. The appellant shall be deemed to have waived the right to a hearing and the right to judicial review of the imposition of the fee. C. Decision in Favor of the Appellant. If the city council decides in the favor of the appellant in whole or in part, the appellant shall be refunded the fee consistent with the city council’s decision. City council rejecting a fee assessment shall not preclude the city from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city. D. Judicial Review. Any action to challenge the city council’s decision must be filed within ninety (90) days of the city council’s decision becoming final, pursuant to Code of Civil Procedure § 1094.6. (Ord. 2013-07-1456 § 1 (part))

A. Any alarm system which generates ten or more false alarms within a consecutive twelve (12) month period shall be deemed a public nuisance, and any alarm user maintaining such an alarm system shall be guilty of an infraction. B. Following the tenth false alarm from a single source or alarm system, the chief of police shall provide the alarm user with a disconnect order. The disconnect order shall state the grounds for the order, and shall require that the alarm system be taken out of operation no later than ten days following the mailing or other delivery of the disconnect order. The disconnect order shall advise the recipient that the order shall be final, unless appealed within ten days to city council. Any alarm user bringing such appeal shall be responsible for all false alarm or other fees and/or fines accruing or incurred during the pendency of the disconnect order and any appeal therefrom. In no case shall any alarm system be reconnected until it has been demonstrated to the satisfaction of the chief of police that all necessary repairs are made, and all applicable fines and fees paid. C. For the purposes of this chapter, alarm systems which are converted to proprietary systems shall be considered disconnected. It shall remain the responsibility of the alarm user to track the system’s false alarms and to maintain and operate his or her alarm system in compliance with the provisions of this chapter. D. When a disconnect order or other notice or warning has been issued for an alarm system, a written disconnect order or notice shall be mailed or otherwise delivered to the alarm user with a copy forwarded to the alarm user’s alarm business. The notice shall state the reasons for the warning or disconnect notice. Any disconnect order notice shall advise the recipient that the order may be appealed to city council within ten days, and that absent such appeal, will be final. (Ord. 2013-07-1456 § 1 (part))

The provisions of this chapter shall be administered and enforced by the chief of police. The chief of police shall have the power to enforce such rules, regulations and standards as may be applicable pursuant to this chapter or other ordinance or law. (Ord. 2013-07-1456 § 1 (part))

Any person, firm or corporation violating any provision of this chapter shall be guilty of an infraction for such violation. (Ord. 2013-7-1456 § 1 (part))

A. Any violation of any provision of this chapter may be enforced through criminal enforcement, civil action or through an administrative citation at the discretion of the police chief. B. Administrative citations may be issued under Chapter 8.13 for any violation of this chapter. C. The conviction or punishment of any person for violation of the provisions in this chapter shall not relieve such person from paying any fee imposed by this chapter, due and unpaid at the time of the conviction and/or final determination on an administrative fine or civil judgment. Nor shall payment of any permit fee or reimbursement of false alarm response fees prevent enforcement through criminal, civil or administrative process for violation of any of the provisions of this chapter. D. The amount of any permit fee or reimbursement for excessive false alarms shall be deemed a debt to the city. The city attorney may commence an action in the name of the city in any court of competent jurisdiction for the amount of any delinquent fees imposed by this chapter. All fees shall be deemed delinquent thirty days after they are due and payable. E. Unless otherwise provided herein, all fees established and/or levied by this chapter shall be paid to the city within thirty days from the date of the invoice to the holder of the alarm user’s permit, or to the owner of the premises upon which the alarm system is located if no permit has been issued for the alarm system. Delinquent fees shall accrue interest, due and payable to the city, in an amount of one percent per month, compounded monthly until paid. (Ord. 2013-07-1456 § 1 (part))