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HomeMy WebLinkAboutItem No. 2 False Alarm Enforcement - Exhibit A Municipal CodeIV. Offenses Against Public Peace Chapter 9.30 SECURITY ALARM SYSTEMS Sections: 9.30.010 Definitions. 9.30.020 Applicability. 9.30.030 Alarm business – Registration required – Exception. 9.30.040 Alarm agent registration card required. 9.30.050 Change of address or ownership of business. 9.30.060 Alarm user ’s permit. 9.30.070 Equipment standards. 9.30.080 False alarm – Written report required. 9.30.090 Notice of persons to be contacted – Disconnection of alarm. 9.30.100 Current file to be kept by alarm business. 9.30.110 Agent registration card required to be carried. 9.30.120 Automatic phone device prohibited. 9.30.130 Nuisance – Suspension of permit – Revocation – Penalties. 9.30.140 Violations – Penalty – Delinquent permit fees. 9.30.150 Severability. 9.30.160 Provisions effective. 9.30.010 Definitions. For the purposes of this chapter, the following definitions will apply: “Alarm agent” means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises. “Alarm business” means any person, firm or corporation conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. “Alarm system” means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act or both and, when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which peace officers are expected to respond. “Alarm user” means any person using an alarm system at his place of business. “Audible alarm” means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which, when actuated, generates an audible sound on the premises. “False alarm” means the activation of an alarm system necessitating response by peace officers when an emergency situation does not exist; provided, alarms generated by natural disaster will not be considered false alarms. “Nonpriority” means that law enforcement response to the activation of an alarm will not be given precedence over any other calls and will be predicated upon availability of law enforcement personnel and other service needs. “Person” means any individual, partnership, corporation or other entity. “Sheriff” means the Sheriff of the County of Riverside, his deputies and designated employees. [Ord. 715, 1984]. 9.30.020 Applicability. The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles, unless the vehicle alarm is connected to a central monitoring system. [Ord. 715, 1984]. 9.30.030 Alarm business – Registration required – Exception. A. It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing or monitoring an alarm system in or on any building, place or premises within the City without first having registered with the Sheriff. B. Such registration shall not be required for any business which only sells said alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. C. Registration shall be accomplished by furnishing such information as may be required by the Sheriff, including, but not limited to, the full name of the business, the number of the license issued by the State Director of Consumer Affairs for the alarm business, and the name and business address of the manager of operations for the area which includes the City. [Ord. 715, 1984]. 9.30.040 Alarm agent registration card required. It is unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of an alarm system in or on any building, place or premises within the City without first having registered his name and filed with the Sheriff a copy of the alarm agent registration card issued to him by the State Director of Consumer Affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code. Nothing herein shall require a person to so register who is merely a salesman for any business not required to obtain an alarm business permit under the provisions of LEMC 9.30.030, if such salesman is engaged in sales of alarm systems only. [Ord. 715, 1984]. 9.30.050 Change of address or ownership of business. Any alarm business registered with the Sheriff shall, within five days, report to the Sheriff any change of address or ownership of the business or the name or business address of the manager of operations for the area which includes the City. Any person registered with the Sheriff as an alarm agent shall, within five days, report to the Sheriff any change of business address. [Ord. 715, 1984]. 9.30.060 Alarm user ’s permit. No person shall install or cause to be installed, use, maintain or possess an alarm system on premises owned by or in the possession of or in control of such persons within the City without first having obtained an alarm user ’s permit from the Department of Building and Safety of the City, in accordance with this chapter. The application for an alarm user’s permit shall be submitted on a form as prescribed by the Building and Safety Manager, and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant, type or purpose of alarm, and the person who will render service or repairs during any hour of the day or night. The permit fee shall be determined by the Building and Safety Manager. The permit shall be denied by the Building and Safety Manager, if the alarm system does not comply with the standards and regulations adopted pursuant to LEMC 9.30.070. [Amended during 2008 recodification; Ord. 715, 1984]. 9.30.070 Equipment standards. All alarm systems sold for installation or installed in any place of business within the City shall utilize approved Underwriter’s Laboratories rated protection equipment. All electrical installations shall be in accordance with applicable requirements of the City building code and all necessary permits shall be obtained therefor. [Ord. 715, 1984]. 9.30.080 False alarm – Written report required. Following law enforcement response to the activation of an alarm which investigation determines to be false, and notification of said fact by the Sheriff, the alarm user shall file a written report with the Sheriff within 72 hours upon notice to do so from the Sheriff. Such report shall contain all information pertaining to the activation of said alarm, any planned corrective action and projected date of correction. Where the alarm system is serviced by an alarm business, the report shall be made by such business and a copy forwarded to the alarm user by the alarm business. The investigation of any false alarm by any person other than members of the Sheriff’s Department shall also result in the notification to the alarm user that such an incident occurred and shall not relieve the alarm user or alarm business of the formal report responsibility provided for in this chapter. [Ord. 715, 1984]. 9.30.090 Notice of persons to be contacted – Disconnection of alarm. A. Every place of business maintaining an alarm system shall either post or file with the Sheriff a notice containing the names and telephone numbers of the persons to be notified in case of emergency or alarm activation or to render service to the system during any hour of the day or night. The persons named shall include the occupant of the premises, or the alarm business or agents responsible for the maintenance of the system. If posted, such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; said notice shall be posted in such a position as to be clearly legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain current such notice whether posted or filed with the Sheriff. B. If service is unavailable, audible alarms which have emitted an alarm in excess of 30 minutes are declared to be nuisances, and the Sheriff may cause such alarm to be disconnected by a registered alarm agent, with the cost therefor to be a charge payable by the alarm user. [Ord. 715, 1984]. 9.30.100 Current file to be kept by alarm business. Every alarm business which monitors an alarm system located within the City shall maintain on file a current listing of all such alarm systems, including the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be available to the Sheriff upon request of any authorized representative thereof. [Ord. 715, 1984]. 9.30.110 Agent registration card required to be carried. Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system, as defined in this chapter, on any place of business within the City, other than those owned or occupied by said person, shall carry on his person at all times while so engaged, a valid State agents’ registration card and shall display such to any peace officer or Code Enforcement Officer upon request. [Ord. 715, 1984]. 9.30.120 Automatic phone device prohibited. No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the Sheriff’s Department and then reproduces any prerecorded message to report any unlawful act or emergency. [Ord. 715, 1984]. 9.30.130 Nuisance – Suspension of permit – Revocation – Penalties. A. The Sheriff may designate an alarm system at a specific location as a nuisance if such alarm system actuates excessive false alarms. It is determined that four false burglar alarms within any three-consecutive-calendar- month period or two false robbery alarms within any three-consecutive-calendar-month period is excessive and thereby constitutes a public nuisance. The Sheriff shall not consider any false alarm in his computation of nuisance alarms if such false alarm was generated by natural disaster, and not the result of the negligence of the alarm user, his agents or employees or a defect in the alarm system. B. The Sheriff shall suspend the permit of an alarm user whose alarm has been so designated a nuisance. The Sheriff shall serve the permittee with a written order of suspension, which shall state the reason for such suspension. The said order shall be effective immediately if personally served, or 48 hours after the same has been deposited with postage prepaid in the U.S. mail. C. Immediately upon such an order of suspension becoming effective, the alarm system shall receive nonpriority response from the Sheriff’s Department. D. The suspension of the alarm user’s permit shall become a revocation 15 days after the order of suspension becomes effective, unless the permittee presents to the Sheriff written verification that the system has been completely evaluated and the problem located and corrected, and the documentation exists that the alarm system of the alarm user falls within the acceptable alarm activation limit set forth in this chapter. Notice of revocation shall be served by personal service or by certified mail. E. If an alarm user’s permit is revoked pursuant to this chapter, the permittee shall surrender said permit to the Sheriff. F. A fine of $25.00 per response will be imposed on the first three false alarms in three consecutive months which would require Sheriff’s Office response. Any false alarms thereafter will be referred to as public nuisances and a fine of $50.00 will be charged for each call, until such time as Sheriff service is discontinued. [Ord. 721, 1984; Ord. 715, 1984]. 9.30.140 Violations – Penalty – Delinquent permit fees. A. Violation of this chapter is an infraction and is punishable by a fine of not more than $500.00. Revocation of a permit shall not be a defense against prosecution. B. The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the County or by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. C. The amount of the permit fee shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days after they are due and payable. [Ord. 715, 1984]. 9.30.150 Severability. If any chapter, subchapter, sentence, clause, or phrase of the ordinance codified in this chapter or the application thereof to any person or circumstances is held invalid or unconstitutional by decision of any court of competent jurisdiction, such invalidity shall not affect the other provisions or applications of the ordinance, or any chapter or portion of chapter hereof, which can be given effect without the invalid provisions or application and to this end the provisions of this chapter are, and are intended to be, severable. The City Council declares that it would have passed the ordinance codified in this chapter and each chapter, subchapter, clause, or phrase thereof, irrespective of the fact that any one or more other chapters, subchapters, clauses or phrases may be declared invalid or unconstitutional. [Ord. 715, 1984]. 9.30.160 Provisions effective. A. The provisions of this chapter and the requirements therein shall become operative 90 days after the effective date of the ordinance codified in this chapter for those persons conducting an alarm business or engaged as an alarm agent within the City on such effective date; provided, however, the aforementioned persons who have filed an application as required herein for an alarm business permit may continue doing business after such operative date until such application has been processed. B. All persons not conducting an alarm business or engaged as an alarm agent within the City on the effective date of the ordinance codified in this chapter shall not commence such operation until the necessary alarm business permit required by this chapter has been issued or the registration required by this chapter for an alarm agent has been completed. C. The provisions of this chapter relating to the alarm user ’s permit shall become operative 120 days after the effective date of the ordinance codified in this chapter for those persons using, maintaining, or possessing an alarm system on premises owned or in the possession or control of such person within the City if said system was installed or in operation prior to the effective date of the ordinance codified in this chapter. Any person installing, or causing to be installed an alarm system on premises owned or in possession or control of such person within the City on or after the effective date of the ordinance codified in this chapter shall not commence such installation until the necessary alarm user ’s permit required by this chapter has been issued. [Ord. 715, 1984]. Mobile Version