HomeMy WebLinkAboutOrdinance #4163 ORDINANCE NO. 4163
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 5.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO BURGLAR ALARMS AND ADDING BACK A REVISED
CHAPTER 5.56 RELATING TO THE REGULATION OF BURGLAR ALARMS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I. Chapter 5.56 of the Huntington Beach Municipal Code is hereby repealed
and replaced with the following:
"Chapter 5.56
ALARM SYSTEMS
Sections:
5.56.010 Purpose.
5.56.020 Definitions.
5.56.030 Administration; Funding; Increases in Fees and Fines; Annual
Evaluation.
5.56.040 Alarm Registrations Required; Terms; Fees and Fee Collection.
5.56.050 Registration Application; Contents.
5.56.060 Transfer of Registration Prohibited.
5.56.070 Duties of Alarm Users.
5.56.080 Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm.
5.56.090 Registration and Duties of Alarm Installation Companies and Monitoring
Companies.
5.56.100 Duties and Authority of the Alarm Administrator.
5.56.110 False Alarm Fines; Fees; Late Charges.
5.56.120 Notice to Alarm Users of False Alarms and Suspension of a Police
Response.
5.56.130 Alarm Registration Suspension, Fees, Fines, Violation to Make Alarm
Dispatch Request for Suspended Alarm Site.
5.56.140 Appeals of Determinations Regarding Alarm Registrations, Fees and
Fines.
5.56.150 Reinstatement of Suspended Alarm Registrations.
5.56.160 Suspension of Police Response to Dispatch Requests from Certain Alarm
Installation Companies and Monitoring Companies.
5.56.170 Police Department Response.
5.56.180 Confidentiality of Alarm Information.
5,56.190 Scope of Police Duty; Immunities Preserved.
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5.56.010 Purpose
The City of Huntington Beach Council finds and declares that:
A. The vast majority of alarms to which the Police Department responds are False
Alarms, which are reported to the Police by alarm companies.
B. Most False Alarms are the result of improper maintenance or improper or
careless use of an Alarm System.
C. The public and Police Officers are subjected to needless danger when the Officers
are called to respond to False Alarms.
D. Officers responding to False Alarms are not available to carry out other Police
duties.
E. In the interest of using limited Police resources most effectively and efficiently,
the number of False Alarms can and must be reduced.
F. The purpose of this Chapter is to reduce the dangers and inefficiencies associated
with False Alarms and to encourage alarm companies and property owners to maintain the
operational reliability, properly use Alarm Systems, and to reduce or eliminate False Alarm
Dispatch Requests.
G. This Chapter governs systems intended to summon a Police response, establishes
fees, fines, establishes a system of administration, sets conditions for the suspension of a Police
response and establishes a public education and training program.
5.56.020 Definitions
For purposes of this Chapter, the following terms shall have the following meanings:
A. "Alarm Administrator" means the Person or Persons designated by the Police
Department to administer the provisions of this Chapter.
B. "Alarm Agreement" means the legal contract or agreement by and between the
Alarm Installation Company and/or Monitoring Company and the Alarm User.
C. "Alarm Agreement Holding Company"means the Alarm Installation Company
or Monitoring Company that holds the Alarm Agreement with the Alarm User.
D. "Alarm Installation Company" means a Person in the business of selling,
providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm
System at an Alarm Site for compensation, and includes individuals or firms that install and
service Alarm Systems used in a private business or proprietary facility.
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E. "Alarm Dispatch Request" means a notification to the Police Department that an
alarm, either manual or automatic, has been activated at a particular Alarm Site.
F. "Alarm Registration" means a registration and unique Number issued by the
Alarm Administrator to an Alarm User, which authorizes the operation of an Alarm System.
G. "Alarm Response Manager (ARM)" means a Person designated by an Alarm
Installation Company and Monitoring Company to handle alarm issues for the company and act
as the primary point of contact for the City's Alarm Administrator.
H. "Alarm Site" means a location served by one or more Alarm Systems. In a multi-
unit building or complex, each unit shall be considered a separate Alarm Site if served by a
separate Alarm System. In a single unit building that houses two or more separate businesses
with separate Alarm Systems, each business will be considered a separate Alarm Site.
I. "Alarm System" means a device or series of devices, which emit or transmit an
audible or remote visual or electronic alarm signal, which is intended to summon Police
response. The term includes hardwired systems, surveillance cameras and systems
interconnected with a radio frequency method such as cellular or private radio signals, and
includes Local Alarm Systems, but does not include an alarm installed in a motor vehicle or a
system which will not emit a signal either audible or visible from the outside of the building,
residence or beyond, but is designed solely to alert the occupants of a building or residence.
J. "Alarm User" means any Person who has contracted for Monitoring, repair,
installation or maintenance service for an Alarm System from an Alarm Installation Company or
Monitoring Company, or who owns or operates an Alarm System which is not monitored,
maintained or repaired under agreement.
K. "Alarm User Awareness Class"means a class conducted for the purpose of
educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems
and the problems created by False Alarms.
L. "Alarm User List" means a list provided by the Alarm User's Alarm Installation
Company or if no Alarm Agreement exists between the Alarm User and an Alarm Installation
Company, the Alarm User's Monitoring Company.
M. "Arming Station" means a device that controls an Alarm System.
N. "Automatic Voice Dialer" means any electronic, mechanical, or other device
which, when activated, is capable of being programmed to send a prerecorded voice message to
the Police Department or City requesting an officer dispatch to an Alarm Site.
O. "Burglar Alarm" means an alarm intended to identify the presence of an intruder
in either a business or residence.
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P. "Business License"means a Business License issued by the City of Huntington
Beach Business License division to an Alarm Installation Company or Monitoring Company to
conduct business in the City.
Q. "Cancellation" means the termination of a Police response to an Alarm Site after
an Alarm Dispatch Request is made but before an officer's arrival at the Alarm Site.
R. "Conversion of Alarm User" means the transaction or process by which one
Alarm Installation Company or Monitoring Company begins the servicing or monitoring of a
previously unmonitored Alarm System or an Alarm System that was previously serviced or
monitored by another alarm company.
S. "City" means City of Huntington Beach.
T. "Duress Alarm" means a silent Alarm System signal generated by the entry of a
designated code into an Arming Station in order to signal that the Alarm User is being forced to
turn off the system and requires an officer response.
U. "Enhanced Call Confirmation" (ECC) means an attempt by the Monitoring
Company, or its representative, to contact the Alarm Site and/or Alarm User and/or the Alarm
User's designated representatives by telephone and/or other electronic means, whether or not
actual contact with a Person is made, to determine whether an alarm signal is valid before
requesting a Police Burglar Alarm Dispatch, in an attempt to avoid an unnecessary Alarm
Dispatch Request. For the purpose of this Chapter, telephone confirmation shall require, as 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 to determine whether an alarm signal is valid
before requesting an officer dispatch. Names and numbers or those contacted or attempted to
contact, shall be provided when requested.
V. "False Alarm" means an Alarm Dispatch Request to the Police Department,
which results in the responding officer finding no evidence of a criminal offense or attempted
criminal offense after completing an investigation of the Alarm Site.
W. "Holdup Alarm" means a silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
X. "Local Alarm System" means an unmonitored Alarm System that annunciates an
alarm only at the Alarm Site or is a self-monitored Alarm Site.
Y. "Monitoring" means the process by which a Monitoring Company receives
signals from an Alarm System and relays an Alarm Dispatch Request to the Police Department.
Z. "Monitoring Company" means a Person in the business of providing Monitoring
services.
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AA. "One Plus Duress Alarm" means the manual activation of a silent alarm signal
by entering a code that adds one number to the last digit of the normal arm/disarm code (e.g.,
normal code = 1234, one plus duress code = 1235).
BB. "Panic Alarm" means an Alarm System signal generated by the manual
activation of a device intended to signal a life threatening or emergency situation requiring an
officer response.
CC. "Person" means an individual, corporation, limited liability company,
partnership, association, organization or similar entity.
DD. "Police Department" means the Huntington Beach Police Department.
EE. "Protective or Reactive Alarm System"means an Alarm System that produces a
temporary disability or sensory deprivation through use of chemical, electrical, sonic or other
means, including use of devices that obscure or disable a Person's vision.
FF. "Registration Number" means a unique individual number assigned to an Alarm
User as part of Alarm Registration issued by the Police Department.
GG. "Responsible Party"means a Person capable of appearing at the Alarm Site upon
request who has access to the Alarm Site, the code to the Alarm System and the authority to
approve repairs to the Alarm System.
HH. "Robbery Alarm" means an alarm signal generated by the manual or automatic
activation of a device, or any system, device or mechanism on or near the premises intended to
signal that a robbery is in progress and that a Person is in need of immediate Police assistance in
order to avoid bodily harm, injury or death. The term has the same general meaning as "Holdup
Alarm or Duress Alarm."
II. "Takeover" means the transaction or process by which an Alarm User takes over
control of an existing Alarm System that was previously controlled by another Alarm User.
JJ. "Zones" mean a division of devices into which an Alarm System is divided to
indicate the general location from which an Alarm System signal is transmitted.
5 56 030 Administration; Funding; Increases in Fees and Fines; Annual Evaluation
A. Responsibility for administration of this Chapter is vested with the Police
Department.
B. The Police Department shall designate an Alarm Administrator to carry out the
duties and functions described in this section.
C. Monies generated by fees and fines assessed pursuant to this section shall be
deposited into the City's General Fund.
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D. The amount of the fees and fines set forth in this section shall be specified in the
City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council.
For purposes of this subsection, "fees" include any type or class of fee and includes late charges.
E. The Alarm Administrator shall conduct an annual evaluation and analysis of the
effectiveness of this Chapter and identify and implement system improvements as warranted.
5.56.040 Alarm Registrations Required; Terms; Fees and Fee Collection
A. An Alarm User shall not operate, or cause to be operated, any Alarm System
without a valid Alarm Registration. A separate Alarm Registration is required for each Alarm
Site having a distinct address or business name. A registration fee including a completed Alarm
Registration application shall be received and approved by the Alarm Administrator prior to any
Alarm System activation. A thirty (30) day grace period shall be granted from the date of all
new alarm installations or takeovers between two alarm users, to accommodate the registration
application process. There shall be reduced residential registration fees for senior citizens, low-
income and disabled persons. The city council shall establish such classes of persons by
resolution.
B. Owners of Local Alarm Systems are required to adhere to all sections of this
Chapter and are subject to all fees, fines, suspensions, penalties or other requirements that are
applicable.
C. The fee for a new initial Alarm Registration and the Alarm Registration renewal
fee shall be collected by the Alarm Administrator.
D. Existing Alarm Systems
1. Any Alarm System that has been installed before the effective date of this
Ordinance shall be registered and a registration fee collected by the Alarm Administrator.
a. The Alarm Agreement Holding Company shall provide within
forty (40) days of the effective date of this Ordinance, an Alarm User List of
existing Alarm Users in the City, in a format approved by the Alarm
Administrator, including name, address, billing address and telephone number to
the Alarm Administrator.
b. The Alarm Agreement Holding Company may apply to the Alarm
Administrator for an extension of the time limit in subsection (a) based on
extenuating circumstances.
2. The Alarm Agreement Holding Company may, through a mutual written
agreement, have another Alarm Company provide the Alarm User's list.
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E. New Alarm Systems
1. Any Alarm Installation Company that installs an Alarm System on
premises located within the City of Huntington Beach shall notify the Alarm
Administrator within twenty (20) days that an Alarm System has been installed and send
the Alarm Administrator the required information.
2. In the case of self-installed alarm systems that are to be monitored by a
Monitoring Company, the Monitoring Company shall act as the Alarm Installation
Company regarding the duties to notify the Alarm Administrator.
3. Failure of an Alarm Installation Company to notify the Alarm
Administrator of a new Alarm System installation within twenty (20) days of installation
shall result in a fine as established by resolution of the city council to be imposed on the
Alarm Installation Company.
4. The initial Alarm Registration fee shall be collected by the Alarm
Administrator. Failure of the Alarm User to submit an application and registration fee
within the thirty (30) days after notice shall result in the Alarm System being classified as
non-registered and late charges being assessed.
F. Alarm Registration and Renewal Fees
1. An Alarm Registration shall expire one year from the date of issuance, and
must be renewed annually by the Alarm User. The Alarm Administrator shall notify the
Alarm User of the need to renew their registration thirty (30)days prior to the expiration
of the registration. It is the responsibility of the Alarm User to submit the updated
information and renewal fees prior to the registration expiration date. Failure to renew
shall be classified as use of a non-registered Alarm System and subject the Alarm Site to
a suspension and late charge.
2. Registration fees shall be collected annually based on a one-year
registration period. The amount of the registration and renewal fees required are
established by resolution of the city council.
G. Late charge. Alarm Users who fail to make payment for an Alarm Registration
prior to the registration's expiration date will be assessed a late charge as established by
resolution of the city council.
H. Refunds. No refund of a registration fee or registration renewal fee will be made.
I. Upon receipt of a completed Alarm Registration application form and the Alarm
Registration fee, the Alarm Administrator shall issue a Registration Number or Alarm
Registration renewal to the applicant unless:
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1. The applicant has failed to pay any fee or fine assessed under this chapter;
or
2. An Alarm Registration for the Alarm Site has been suspended, and the
condition causing the suspension has not been corrected; or
3. The Alarm Installation Company and/or the Monitoring Company listed
on the registration application are not in possession of a current valid State of California
Department of Consumer Affairs Alarm Company Operators License.
4. Any false statement of a material fact made by an applicant for the
purpose of obtaining an Alarm Registration shall be sufficient cause for refusal to issue
an Alarm Registration.
J. Exceptions
1. Government entities, including but not necessarily limited to the City,
County, State, Federal and School Districts, must obtain Alarm Registrations for all
Alarm Systems on property under their control within the boundaries of Huntington
Beach, but are exempt from payment of Alarm Registration and renewal fees.
2. All registration-fee-exempted alarm sites are required to obtain and
maintain a valid Alarm Registration for a Police response and are subjected to all other
fees, fines and suspension enforcements, except when this action is prohibited by statute
or through a court ruling.
5.56.050 Registration Application; Contents.
An application for an Alarm Registration must be in a format provided by the Police Department.
The information required on such forms shall be determined by the Alarm Administrator.
Registration applicants acknowledge that the Police response may be influenced by factors
including, but not limited to, the availability of officers, priority of calls, traffic conditions,
weather conditions, emergency conditions, prior alarm history, administrative actions and
staffing levels.
5.56.060 Transfer of Registration Prohibited
A. An Alarm Registration cannot be transferred to another Person or Alarm Site. An
Alarm User shall inform the Alarm Administrator and their Alarm Company of any change to
the information listed on the Alarm Registration application within ten(10)business days after
such change.
B. Exceptions may be made in the discretion of the Alarm Administrator when the
transfer proposed is among members of the family of the original registration holder or
successors in interest to the property for which the Alarm Registration has been issued.
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5.56.070 Duties of Alarm Users
A. An Alarm User shall:
1. Maintain the Alarm Site and the Alarm System in a manner that will
minimize or eliminate False Alarms;
2. Make every reasonable effort to arrive at the Alarm System's location
within 30 minutes after being requested by the Monitoring Company or Police
Department in order to:
a. Deactivate an Alarm System;
b. Provide access to the Alarm Site; and/or
C. Provide alternative security for the Alarm Site.
3. Provide his, her, or its Monitoring Company with the updated names and
telephone numbers of at least two individuals who are able and have agreed to:
a. Receive notification of an Alarm System activation at any time;
b. Respond to the Alarm Site at any time; and
C. Provide access to the Alarm Site and deactivate the Alarm System,
if necessary.
4. Not activate an Alarm System for any reason other than an occurrence of
an event that the Alarm System was intended to report.
5. Notify his, her, or its Monitoring Company of any suspension of police
response (as provided for under this Chapter) and request that the Monitoring Company
not make a Burglar Alarm Dispatch Request.
B. No Person shall operate or cause to be operated any Automatic Voice Dialer
which, when activated, uses a telephone device or attachment to automatically dial a telephone
line leading into the Police Department or the City and then transmit any pre-recorded message
or signal.
C. An Alarm User shall keep a set of written operating instructions for each Alarm
System at each Alarm Site.
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5.56.080 Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm
A. No Alarm System shall emit a sound resembling an emergency vehicle siren or
civil defense warning. The chief of police shall make the final determination regarding any
question of an audible alarm within this section.
B. After the effective date of this ordinance no one shall install, modify or repair an
Alarm System in the City of Huntington Beach that has a siren, bell or other signal that is audible
from any property adjacent to the Alarm Site that sounds for longer than fifteen (15) consecutive
minutes after the alarm is activated, or that repeats the fifteen(15) minute audible cycle more
than two consecutive times during a single armed period.
C. In the event that an audible alarm is activated and fails to reset itself or continues
to activate for more than (60) sixty minutes and the responsible person listed on the Alarm
Registration or other responsible person cannot or will not respond and silence the alarm, and the
continued activation of the alarm is creating a disturbance, the Police Department may cause the
alarm to be silenced in a manner determined appropriate for the circumstances. The Alarm User
shall be held responsible for the actual costs involved to abate the malfunctioning alarm up to a
maximum of three hundred dollars ($300). The City, its employees or agents shall not be
responsible or liable for damage resulting from such disconnection.
5 56 090 Registration and Duties of Alarm Installation Companies and Monitoring
Companies
A. Registration.
1. No alarm company operator or alarm agent, as defined by the Business
and Professions Code, shall install, maintain, or repair any Alarm System within the City
unless the Alarm Company operator or alarm agent has,prior to performing such work,
obtained a City Business License.
2. Each Alarm Installation Company and Alarm Monitoring Company must
designate one individual as the Alarm Response Manager (ARM) for the company. The
individual designated as the ARM must be knowledgeable of the provisions of this
Chapter, as well as have the knowledge and authority to deal with False Alarm issues and
respond to requests from the Alarm Administrator. The name, contact number, and email
address of the ARM shall be provided to the Alarm Administrator. Failure to comply
within thirty (30) days after being notified in writing from the Alarm Administrator may
result in the suspension of Police Department response to Alarm Dispatch Requests from
the non-complying Alarm Installation Company or Monitoring Company.
3. Each Alarm Installation Company shall provide the name, address and
phone number of any Monitoring Company it is using to monitor its Alarm Sites within
the City, and Monitoring Companies shall do the same for Alarm Installation Companies
that use their monitoring services within the City.
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B. Alarm Installation Companies shall:
1. Upon the installation or activation of an Alarm System, the Alarm
Installation Company shall distribute to the Alarm User information summarizing:
a. The applicable law relating to False Alarms, including the
Registration Fee and the potential for fines and suspension of an Alarm
Registration;
b. How to prevent False Alarms; and
C. How to operate the Alarm System.
2. After the effective date of this Ordinance, Alarm Installation Companies
shall not program Alarm Systems so that they are capable of sending One Plus Duress
Alarms. Monitoring Companies may continue to report One Plus Duress Alarms
received from Alarm Systems programmed with One Plus Duress Alarms installed prior
to the effective date of this Ordinance.
3. After the effective date of this Ordinance, Alarm Installation. Companies
shall not install, modify or repair "single action" devices for the activation of Hold-up,
Robbery or Panic Alarms. New devices shall require two actions or an activation time
delay to provide more positive assurance that the user intends to activate the device.
4. All audible Alarm Systems shall include a device which will limit the
duration of the audible alarm to a period of not more than fifteen(15) minutes per
activation.
5. An Alarm Installation Company shall not use an Automatic Voice Dialer
for any Alarm System which, when activated, uses a telephone device or attachment to
automatically dial a telephone line leading into the Police Department or the City and
then transmit any pre-recorded message or signal.
6. Ensure that Alarm Users of Alarm Systems equipped with a Duress,
Robbery, Holdup or Panic Alarm has been provided adequate training as to the proper
use of the Alarm System's operation and function.
7. All Alarm Systems shall be supplied with an uninterrupted power supply
in such a manner that the failure or interruption of the normal electric utility service for a
period of up to four (4) hours will not activate the Alarm System.
C. A Monitoring Company shall.
1. Report alarm signals by using telephone numbers or procedures
designated by the Alarm Administrator or other approved communication processes.
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2. Employ Enhanced Call Confirmation procedures on all Burglar Alarm
Dispatch Requests. The Huntington Beach Police Department may refuse to accept an
Alarm Dispatch Request from a Monitoring Company that has failed to comply with the
procedures required by Enhanced Call Confirmation. This subsection becomes effective
Ninety (90) days after the effective date of this Ordinance.
3. Communicate Alarm Dispatch Requests to the Police Department in a
manner and form determined by the Alarm Administrator.
4. Communicate Cancellations to the Police Department in a manner and
form determined by the Alarm Administrator.
5. Communicate all available Zone activations information (north, south,
front, back, door, window etc.) about the location of an alarm signal(s) as part of an
Alarm Dispatch Request.
6. Communicate the type of alarm activation(silent or audible, interior or
perimeter), if available, on any Alarm Dispatch Request.
7. Notify Communications (Dispatch) of any Alarm Site that it knows, or
reasonably should know has guard dog(s), pets or is fitted with a Protective-Reactive
Alarm System. During any alarm at such a site, a Responsible Party must be contacted
and confirm that he or she will respond to the Alarm Site to disarm the device or take
control of the guard dog(s).
8. After an Alarm Dispatch Request, promptly advise the Police Department
if the Monitoring Company knows that the Alarm User or a Responsible Party is on the
way to the Alarm Site.
9. Each Monitoring Company must maintain, for a period of at least one year
after the date of an Alarm Dispatch Request, all records relating to the Alarm Dispatch
Request. Records must include the name, address and telephone number of the Alarm
User, each Alarm System zone activated,the time of Alarm Dispatch Request and
evidence of all attempts to verify. The Alarm Administrator may request copies of such
records for any individual Alarm User. If the request is made within 60 days after an
Alarm Dispatch Request, the Monitoring Company shall furnish requested records within
three (3) business days after receiving the request. If the records are requested between
sixty (60) days and (one) 1 year after an Alarm Dispatch Request, the Monitoring
Company shall furnish the requested records within thirty (30) days after receiving the
request.
10. Each Monitoring Company shall, upon request, immediately provide the
Police Department with the names and phone numbers of the Alarm User's emergency
contacts at the time of each Alarm Dispatch Request.
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D. Conversion of Alarm Users. An Alarm Installation Company or Monitoring
Company that converts the servicing of any Alarm System account from another company shall
notify the Alarm Administrator of such conversion and shall make a reasonable effort to provide
to the Alarm Administrator, within 60 days from the date of conversion, an Alarm User List of
the converted accounts, in a format acceptable to the Alarm Administrator.
5.56.100 Duties and authority of the Alarm Administrator
A. The Alarm Administrator shall:
1. Designate the manner and form of Alarm Dispatch Requests and the
telephone numbers and/or communication process that are to be used for such requests;
and
2. Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
B. The Alarm Administrator shall establish a procedure to acquire and record
information on Alarm Dispatch Requests.
C. The Alarm Administrator shall establish and implement a procedure to notify the
Alarm User of a False Alarm. The notice shall include the following:
1. The date and time of an officer's response to the False Alarm; and
2. Any False Alarm fine incurred.
D. The Alarm Administrator may require that a conference be held with an Alarm
User and the Alarm Installation Company or Monitoring Company responsible for repairing or
monitoring of the Alarm System to review the circumstances of each False Alarm. The
conference may be held in Person or through a conference telephone call, at the Alarm
Administrator's discretion. Failure to participate may result in suspension of the Alarm
Registration, as indicated by the facts of the case.
E. The Alarm Administrator may establish an Alarm User Awareness Class. The
Alarm Administrator may request the assistance of associations, alarm companies and law
enforcement agencies in developing and implementing the class. The class shall inform Alarm
Users of the Alarm Ordinance; problems created by False Alarms and teach Alarm Users how to
avoid creating False Alarms.
F. If a false Robbery, Holdup or Panic Alarm has occurred and the alarm was
triggered using a single action, non-recessed device, the Alarm Administrator may consider a
waiver or partial waiver of the False Alarm fine, if action is taken by the Alarm User to remove
or replace the single action, non-recessed device.
G. The Alarm Administrator shall make a copy of this Ordinance and/or an ordinance
summary sheet available to each Alarm User.
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H. The Alarm Administrator may use electronic means to communicate with Alarm
Users, Alarm Installation Companies and Monitoring Companies when applicable or when
requested by the recipient and at the Alarm Administrators discretion.
5.56.110 False Alarm Fines; Fees; Late Charges
A. The Alarm Administrator may assess the Alarm User a fine for a False Alarm
occurring at that Alarm User's Alarm Site. The amount of said fines for the listed categories
shall be established by city council and may be subsequently amended by resolution of the city
council.
1. Burglar False Alarm Fines
2. Robbery False Alarm Fines
3. Panic False Alarm Fines
B. If a False Alarm fine is not paid within thirty (30) days after the invoice is mailed,
a late charge as established by resolution of the city council shall be imposed.
C. Fines for False Alarms from Non-Registered Alarm Systems. For person(s)
operating a Non-Registered Alarm System incurring a False Alarm, fines shall be imposed as
established by resolution of the city council.
D. Any Monitoring Company after five (5) business days of receiving notice from
the Alarm Administrator that an Alarm User's registration status is that of Non-registered shall
not make a Burglar Alarm Dispatch Request from that Alarm User.
E. If Cancellation of a Police response occurs prior to the officer's arrival at the
Alarm Site, the response is not considered a False Alarm and no False Alarm fine will be
assessed.
F. The Alarm Installation Company shall be assessed a fine in an amount established
by resolution of the city council if the officer responding to a False Alarm determines that an on-
site employee of the Alarm Installation Company directly caused the False Alarm. Such False
Alarms are not included in the total number of False Alarms for the Alarm User, nor is the Alarm
User to be held liable for any False Alarm fine resulting from such alarm activation.
G. A fine in an amount established by resolution of the city council shall be imposed
against any Monitoring Company that fails to verify Alarm System signals as required in
subsection 5.56.090(C)(2) of this Chapter.
H. Notice of the right of appeal under this ordinance will be included with notice of
any fine.
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I. All registration fees, renewal registration fees or fines assessed under this section
are due within thirty (30) days of written notice unless otherwise noted. A late charge in an
amount established by resolution of the city council shall be imposed for each individual fee or
fine due that is not paid within thirty (30) days.
J. The Alarm Administrator may waive the False Alarm fine for the first chargeable
False Alarm during the Alarm User's one-year registration period, pending the successful
completion of the Online Alarm User Awareness Class available through the Alarm
Administrator. In order to have the fine waived, the Alarm User shall have successfully
completed the class within thirty (30) days of the fine notice. Alarm Users without online access
may request the online school and test be mailed to them. Reasonable additional time to
complete the Alarm User Awareness Class shall be allowed for mail delivery.
5.56.120 Notice to Alarm Users of False Alarms and Suspension of a Police Response
A. The Alarm Administrator shall notify the Alarm User in writing or by other
electronic means after each False Alarm. The notice shall include the amount of the fine for the
False Alarm, the fact that Police response to further alarms may be suspended after the fourth
False Alarm during the Alarm User's one-year Alarm Registration period, (excluding Duress,
Robbery, Holdup and Panic Alarms), and that the Alarm User has the right to appeal.
B. The Alarm Administrator shall notify the Alarm User in writing thirty (30) days
beforehand that a Police Department response to further alarms is to be suspended. The right of
appeal under this Ordinance shall be included with the notice. The notice of suspension shall
also include the amount of any fees and/or fines due and a description of the reinstatement
process.
5 56 130 Alarm Registration Suspension, Fees, Fines, Violation to Make Alarm Dispatch
Request for Suspended Alarm Site
A. The Alarm Administrator shall notify the Police Department of each Alarm User
whose Alarm Registration qualifies for suspension under this section. The Alarm Administrator
may suspend an Alarm Registration if it is determined that:
1. There is a false statement of a material fact in the registration application;
or
2. The Alarm User has had four or more false Burglar Alarms within the
one-year registration period, except that the Alarm Administrator may waive a
suspension of a registration upon receipt of documented work orders showing reasonable
attempts to repair the Alarm System prior to the notice of suspension;
3. The Alarm User fails or refuses to pay an Alarm Registration or Alarm
Registration Renewal fee, False Alarm fine, late charge, or any other fee, fine, or charge
assessed under this section.
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B. It is a violation of this section for a Person to operate a Burglar Alarm System
during the period in which the Alarm Registration is suspended. It is a violation of this Chapter
for a Monitoring Company to make an Alarm Dispatch Request to a Burglar Alarm Site after the
Monitoring Company's Alarm Response Manager (ARM) has been notified by electronic mail
by the Alarm Administrator that the registration for that Alarm Site has been suspended. A grace
period of five (5) business days after the ARM's notification shall be granted the Monitoring
Company to comply. The Alarm Monitoring Company shall be assessed a fine in an amount
established by resolution of the city council for requesting a Burglar Alarm Dispatch Request on
a suspended Alarm Site.
C. False Alarm Fines under Suspension status. In addition to the fines set forth in
subsection 5.56.110(A), a supplemental fine is hereby imposed upon any Person operating a
suspended Burglar Alarm System. The amount of said fines shall be established by resolution of
the city council.
D. It shall be the responsibility of the Alarm User to notify their respective Alarm
Monitoring Company of their suspension status. An Alarm User shall be held financially
accountable for all false alarm fines incurred.
E. Unless there is a separate indication that there is a crime in progress, the Police
Department may or may not dispatch an officer to an Alarm Site for which an Alarm
Registration is suspended.
5 56 140 Appeals of Determinations Regarding Alarm Registrations, Fees and Fines
A. If the Alarm Administrator assesses a fee or fine, suspends an Alarm Registration
or denies the issuance, renewal or reinstatement of an Alarm Registration, the Alarm
Administrator shall send notice of the action and a statement of the right to appeal to the affected
applicant, Alarm User, Alarm Installation Company or Alarm Monitoring Company.
B. The applicant, Alarm User, Alarm Installation Company or Alarm Monitoring
Company may appeal any action described in subsection (A) above to the Police Chief(or his or
her designee) by setting forth in writing the reasons for the appeal and delivering the appeal to
the Police Chief(or designee) within twenty (20) days after receipt of notice of the action.
Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C. The procedure for an appeal to the Police Chief(or designee) is as follows:
1. The applicant, Alarm User, Alarm Installation Company or Monitoring
Company may file a written request for appeal by paying an appeal fee and setting forth
the reasons for the appeal. The appeal must be entitled "Appeal from Alarm
Administrator's Action." The appeal fee shall be in an amount established by resolution
of the city council and will be returned to the appealing party if the appeal is successful.
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2. The Police Chief(or designee) shall conduct a hearing on the appeal
within thirty (30) days after the Police Department's receipt of the request for appeal and
appeal fee and shall consider the evidence submitted by the appealing party and the
Alarm Administrator. The Police Chief(or designee) must base the decision on the
preponderance of evidence presented at the hearing and must render a decision within
fifteen (15) days after the date of the hearing. The decision shall affirm or reverse the
decision or action taken by the Alarm Administrator.
3. Filing of an appeal stays any action by the Alarm Administrator to
suspend an Alarm Registration or require the payment of a fee or fine until the appeal
process has been exhausted. This provision applies only to the action of the Alarm
Administrator that is the subject of the appeal. This provision does not operate as a bar to
enforcement action on violations of this section that occur thereafter.
D. The Alarm Administrator or the Police Chief, or their respective designees, may
adjust the count of False Alarms or assessed fees based on:
1. Evidence that a False Alarm was caused by action of a communications
services provider (i.e., telephone, cellular, cable company);
2. Evidence that a False Alarm was caused by a power outage of more than
four(4) hours or severe weather such as a tornado, earthquake, or excessive winds (35
m.p.h. or above as measured by the Huntington Beach(LIST LOCATION such as their
International Airport weather monitoring station); or
3. Evidence that an Alarm Dispatch Request was not a False Alarm;
4. The occurrence of multiple alarms within a 24-hour period, which may be
considered as one False Alarm if the Alarm User has taken corrective action, unless the
False Alarms are directly caused by the Alarm User.
E. The Alarm Administrator may waive all or part of a False Alarm fine due to
extenuating circumstances or to encourage corrective action with supervisor approval.
5 56.150 Reinstatement of Suspended Alarm Registrations
A. On the suspension of an Alarm Registration, a Person whose Alarm Registration
has been suspended may obtain reinstatement of the registration by the Alarm Administrator if
the Person:
1. Pays a reinstatement fee as established by resolution of the city council;
2. Pays, or otherwise resolves, all outstanding fees, fines, and other charges;
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ORDINANCE NO. 4163
3. Submits a written notice from an Alarm Installation Company stating that
the Alarm System has been inspected and repaired (if necessary) by the Alarm
Installation Company;
4. The Alarm User successfully completes an Alarm User Awareness Class
and test.
B. The Police Department shall reinstate its response to an Alarm Site as soon as is
practicable after receiving notice of reinstatement from the Alarm Administrator. The Alarm
User and Monitoring Company shall take notice that the Alarm Site has been officially reinstated
only after receiving notice from the Alarm Administrator of that fact. It shall be the
responsibility of the Alarm User to verify that his, her, or its registration status and future police
response has been properly restored.
5 56 160 Suspension of Police Response to Dispatch Requests from Certain Alarm
Installation Companies and Monitoriniz Companies
A. The Police Chief or Command Staff designee may suspend Police response to an
Alarm Dispatch Request from an Alarm Installation Company or Monitoring Company if it is
determined that:
1. There is a violation of this chapter by the Alarm Installation Company or
Monitoring Company and the condition causing the violation has not been corrected
and/or;
2. The Alarm Installation Company or Monitoring Company has failed to
pay any fee, fine, or other charge assessed under this section, more than sixty (60) days
after the fee, fine, or other charge is due.
B. The Police Department may not respond to any Alarm Dispatch Request where
the Alarm Installation Company or Monitoring Company who installed or monitors that alarm
has failed to comply with California licensing requirements or failed to maintain a valid copy of
the State of California Department of Consumer Affairs Alarm Company Operators License.
C. A suspension of Police response made pursuant to this subsection is subject to the
appeal process provided for within this Chapter. In addition, the Alarm Administrator has the
ability to accept a workable solution from the affected party prior to an appeal. The affected
party has sixty (60) days after the written notice of suspension before Police response is
suspended to its alarm customers.
D. The Alarm Administrator shall notify all known Alarm Users subscribing to an
Alarm Installation Company or an Alarm Monitoring Company that the Police Department has
suspended response to the company's Alarm Dispatch Requests.
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E. The City shall assess the Alarm Installation Company or Monitoring Company a
reinstatement fee in an amount established by resolution of the city council. In addition, if the
Alarm Administrator has incurred costs in notifying Alarm Users by mail of the suspension of
their Alarm Installation Company or Monitoring Company, reimbursement to the City of those
costs shall be a condition of reinstatement.
5.56.170 Police Department Response
A. Subject to the suspension provisions in section 5.56.130 above and the discretion
discussed in section 5.56.190 below, the Police Department at its discretion will respond to all
"in progress" Robbery, Panic or Burglar Alarms as promptly as possible, taking into account
pending calls for service and any policy establishing priority of dispatched calls following
notification of the receipt of the alarm from the Monitoring Company. Police supervisors may,
in their discretion, cancel a Police response to any or all alarms based on weather or other factors
affecting Police service needs.
B. The Police Chief or his or her designee may re-prioritize assignment of Burglar
Alarms and response time at any time during a 24-hour period as may be necessary due to the
service needs of the community.
5.56.180 Confidentiality of Alarm Information
All information contained in documents gathered through Alarm Registrations, the submission of
customer lists, the alarm appeal process and records relating to Alarm Dispatch Requests must be
held in confidence by all employees of the Alarm Administrator, City of Huntington Beach and
any third-party alarm administrator. Such information is proprietary and is hereby declared
confidential and not a public record. Absent special circumstances, such information must not be
released to the public or any Person other than a law enforcement agency, third party
administrator or the applicable Alarm User, Alarm Installation Company or Alarm Monitoring
Company except pursuant to court order. Per California Government Code 6254(f).
5.56.190 Scope of Police duty; Immunities Preserved
The issuance of Alarm Registrations does not create a contract between the Police Department
and/or the City of Huntington Beach and any Alarm User, Alarm Installation Company or
Monitoring Company, nor does it create a duty or obligation, either expressed or implied, on the
Police Department to respond to any alarm. Any and all liability and consequential damage
resulting from the failure of the Police Department to respond to an Alarm Dispatch Request is
hereby disclaimed and full governmental immunity as provided by law is retained. By applying
for an Alarm Registration, the Alarm User acknowledges that the Police Department response is
influenced by the availability of officers, priority of calls, traffic conditions, weather conditions,
emergency conditions, staffing levels, prior response history and administrative actions."
SECTION 2. This ordinance shall become effective 30 days after its adoption.
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ORDINANCE NO. 4163
SECTION 3. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA)pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 4. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have adopted this ordinance, and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion or the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this ordinance. Not later
than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary of the
ordinance, along with the names of the City Council members voting for and against the
ordinance, shall be published in a newspaper of general circulation in the City of Huntington
Beach.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of February , 2019
v Mayor
ATTEST: APPROVED ORM•
City Clerk City Attorney
REVIEWE APPROVED: 7�TIATED AND APP OVED:
12
Cit},AdYaker Chief of Polic
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Ord. No. 4163
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on February 4,2019, and was again read to said City
Council at a Regular meeting thereof held on February 19,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on February 28,2019.
In accordance with the City Charter of said City.
Robin Estanislau, Ci , Clerk City Cl rk and ex-officio Clerk
Deputy city clerk of the City Council of the City
of Huntington Beach, California