West Hollywood Municipal Code Ch. 9.16 Alarm Systems

As used in this chapter:

"Alarm agent"

shall mean a person employed by an alarm business whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein.

"Alarm business"

shall mean the business of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility, or who responds to an alarm system. This definition does not include a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.

"Alarm subscriber"

shall mean the person who owns, leases or uses any alarm system for use by his or her agents, employees, representatives or family to protect a building or structure owned or occupied by that person.

"Alarm system"

shall mean 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. Alarm systems include, but are not limited to, direct dial 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.

"Audible alarm"

shall mean 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.

"Direct dial device"

shall mean 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.

"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 of the system to show that the cause was beyond their control.

"Notice"

shall mean written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States Postal Service.

"Permittee"

shall mean any person, who is granted a permit as provided herein, and its agents and representatives.

"Proprietor alarm"

shall mean an alarm which is not regularly serviced by an alarm business.

(Prior code § 4700; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

No person shall engage in, manage, conduct or operate an alarm business in the city without first registering with the city on forms provided by the city requiring the following information:

a. Name of the business, and if a corporation, its name, date and place of incorporation; address of its principal place of business, together with the name and business telephone number of the owner or manager and its state "Alarm Company Act" license number.

b. A list of the addresses, business and emergency telephone numbers of all central stations handling such business' accounts in the city.

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Editor's Note: See Business Licenses, Articles 1 and 2 of Title 5 of this code.

(Prior code § 4701; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

Every alarm agent while engaged in the duties of an alarm agent shall carry on his or her person at all times a valid identification card issued pursuant to the Alarm Company Act of the State of California, Business and Professions Code Sections 7590, et seq., and shall display the identification card to any Deputy Sheriff upon request.

(Prior code § 4702; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

No alarm subscriber shall activate or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. The permit shall be kept at all times on the premises on which the alarm system is installed. All permits shall be renewed annually, upon filing of a renewal application.

(Prior code § 4703; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

Applications for an alarm subscriber permit or renewal shall be submitted to the City Clerk on a form prescribed by the city and upon payment of an application processing fee established by resolution of the City Council. Any change in the information provided in the application after issuance of a permit shall be provided in writing to the City Clerk within five days of such change.

(Prior code § 4704; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

The application for an alarm subscriber permit shall be investigated by the Los Angeles County Sheriff, who shall recommend either issuance or denial of the permit to the City Clerk. The permit shall be denied if the alarm system does not comply with the standards and requirements of this chapter. Any such denial may be appealed by the applicant to the City Council by filing a written appeal with the City Clerk within fifteen days of receipt of notification of denial by the Sheriff. The City Council shall consider the appeal within thirty days of receipt thereof by the City Clerk.

(Prior code § 4705; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

No alarm permit issued under the provisions of this chapter shall be assignable or transferable.

(Prior code § 4706; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

If the alarm system for which a permit is issued emits six false alarms during any consecutive twelve month period, a service charge shall be billed to and paid by the owner of an alarm system for each false alarm in excess of the maximum allowable number. The amount of the charge shall be determined by resolution of the City Council and shall be based upon the actual cost to the city of the response to the alarm.

The service charge shall be billed to the alarm owner by the Sheriff and shall be due and payable within thirty days of the billing date. Should the amount not be paid, the city may collect the debt pursuant to any available provision of law.

This remedy shall be in addition to any other remedy or penalty provided for in this chapter. This section does not apply to a test of an alarm system, permission for which must be obtained in advance from the Sheriff.

(Prior code § 4707; Ord. 85-74 § 1, 1985; Ord. 86-115 § 7, 1986; Ord. 96-467 § 7, 1996)

An alarm system permit may be suspended by the Sheriff for any of the following reasons:

a. Failure to observe any of the regulations or other provisions of this chapter.

b. Where more than two service charges have been imposed pursuant to Section 9.16.080 and where payment for the charges is delinquent.

c. Where the applicant or permittee, his or her employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record to be filed with any city agency.

d. Where the applicant or permittee has had a similar type permit previously revoked for good cause within the past six months, unless the applicant can show a material change in circumstances since the date of revocation.

e. Any false alarm indicating a violation of California Penal Code Section 211.

(Prior code § 4708; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)

Upon timely correction of a condition giving rise to a suspension, the permit may be reinstated upon payment by the permittee of a reinstatement fee to be established by resolution of the City Council. Upon reinstatement, a new twelve-month period shall commence for purposes of counting false alarms.

(Prior code § 4709; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)

a. An alarm system permit may be revoked by the City Council upon recommendation of the Sheriff for any of the following reasons:

1. Failure to observe any of the regulations or other provisions of this chapter.

2. If a suspension persists without correction for a period of more than one hundred eighty days or if the alarm system for which the alarm system permit has been reinstated is suspended again within twelve months of the date the permit was reinstated.

3. Where the applicant or permittee, his or her employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record to be filed with any city agency.

4. Where the applicant or permittee has had a similar type permit previously revoked for good cause within the past six months, unless the applicant can show a material change in circumstances since the date of revocation.

5. Any false alarm indicating a violation of California Penal Code Section 211.

b. The permittee shall be provided with ten days' notice of a hearing before the City Council to consider revocation of the permit. After consideration of the evidence, the council may revoke the permit, suspend the permit for a time certain or reinstate the permit. Upon revocation, the alarm system shall be deactivated and the permit surrendered to the city. A new alarm permit shall not be issued for any alarm system to a subscriber as to whom a permit has been revoked within the previous six months, and thereafter only upon proof provided to the Sheriff that corrective action has been taken. The fee for such an application shall be established by resolution of the City Council.

(Prior code § 4710; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)

The alarm subscriber of every audible alarm shall post in a location clearly visible from outside the front of the premises protected by the alarm 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 or shall automatically reset within fifteen minutes of its being activated.

The alarm subscriber or the subscriber's designee shall respond to a premises following activation of an alarm constituting part of an alarm system for which a permit at that location has been issued hereunder. The response shall be made within a reasonable time and, in any event, within one hour after being requested to do so by the Sheriff's Department.

(Prior code § 4711; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, 1986)

a. No Direct Dial Devices. 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.

b. No Sirens. 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.

c. False Alarms Prohibited. No person shall knowingly turn in a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the Sheriff.

d. Maintaining a Public Nuisance Alarm. No alarm subscriber shall operate an alarm system which generates more than six false alarms in any twelve-month period. Each subsequent false alarm shall be considered a violation of this section. In the event an alarm subscriber replaces an existing alarm system with a new alarm system, provided by a different alarm business, the twelve-month period for purposes of counting false alarms, shall commence upon installation of the new system.

e. Section 211 Alarms. No person shall operate or use an alarm system designed to report a violation of Penal Code Section 211 for any purpose other than reporting robberies or other crimes involving potential serious bodily injury or death.

f. Improper Use. No person shall operate or use an alarm system for any purpose other than what the system was designed to detect or report.

(Prior code § 4712; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)

If the Sheriff's Department determines that a false alarm has occurred, the Deputy Sheriff who responded to the alarm shall leave, at the premises of the alarm subscriber, a notice including the date and time of the response and a statement that the responding deputy determined that the alarm was a false alarm, and the alarm subscriber should take action to correct the causative problems with the alarm system, and a warning that six false alarms in any twelve-month period shall result in the imposition of a service charge for additional false alarms as well as other possible penalties as prescribed by this chapter. A copy of this notice shall be delivered to the issuing authority and filed with the alarm owner's permit. After any false alarm responded to by the Sheriff, a written report shall be submitted by the alarm owner describing actions taken to eliminate the cause of the false alarm if requested by the Sheriff. This report shall be submitted within ten days of the date requested by the Sheriff.

(Prior code § 4713; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)

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 California Public Utilities Commission.

(Prior code § 4714; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)

a. Any person who violates or willfully fails to comply with the provisions of this chapter is guilty of an infraction except where expressly provided, and upon conviction thereof shall be punished by a fine as follows:

1. A fine of $25 for a first violation;

2. A fine of $50 for a second violation of the same provision of this chapter within one year;

3. A fine of $75 for a third violation of the same provision of this chapter within one year;

4. A fine of $100 for a fourth violation of the same provision of this chapter within one year;

5. A fine of $250 for each additional violation of the same provision of this chapter within one year.

b. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

c. Any person violating any of the provisions of this chapter who has previously been found guilty of an infraction under this chapter for violation of the same section within the past twelvemonth period, may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $1,000 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

d. However, notwithstanding the provisions of subsections (a), (b) and (c) of this section, upon the first violation of this section, the Sheriff shall serve a written notice on the violator describing the violation and specifying that the causes of the violation shall be corrected within ten days of the date of service of the written notice. Such violation shall not be further prosecuted provided that the Sheriff determines that the causes of the violation have been removed or fully corrected within the ten-day time period.

e. The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit or pay a service charge as required by this chapter shall not relieve the person from paying the permit fee or service charge due and unpaid at the time of the conviction, nor shall payment of any permit fee or service charge prevent criminal prosecution for violation of any of the provisions of this chapter. The amount of any permit fee or service charge shall be deemed a debt to the city. Any action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee or service charge. All permit fees and service charges shall be deemed delinquent thirty days after they are due and payable and delinquent permit fees shall incur an additional assessment equal to fifty percent of the applicable permit fee for issuance of the permit.

(Prior code § 4715; Ord. 85-74 § 1, 1985; Ord. 86-115 § 1, § 7, 1986)