Loading...
HomeMy WebLinkAboutOrdinance #2025 ORDINANCE NO. 2025 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO CHAPTER 5 . 56 REGULATING BURGLAR ALARM BUSINESSES, SYSTEMS AND USERS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding thereto Chapter 5 .56 entitled, "Burglary and Robbery Alarm Businesses ," to read as follows : 5. 56 . 010 Purpose. The declared purpose of this chapter is to provide definitions and adopt uniform regulations for the selling, leasing, installing, repairing, maintaining, testing and operating of emergency reporting equipment; providing re- strictions on emergency reporting terminated locally, keyed to certain intermediaries , or keyed direct to the police department; requiring current list of installations from alarm equipment sup- pliers ; providing operational limits and requirements; requiring instructions on operation to be furnished; requiring repair serv- ice to be available and operational defects to be remedied; authorizing city officials to inspect installations; regulating the issuance of permits to alarm equipment suppliers and certi- fication of alarm business employees; and providing for en- forcement and administration of all regulations and requirements of this code . 5. 56 . 020 Definitions . (a) "Alarm agent" shall mean any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or causing others to respond to an alarm device. (b ) "Alarm business" shall mean any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to a burglar or robbery alarm system, or which causes any of these activities to take place . (c) "Alarm system" shall mean an assembly of equipment and JG: ahb 1. devices (or a single device such as a solid state unit) designed and arranged for the detection of entry, attempted entry or in- trusion at the specified location or for alerting others of the commission of robbery, or both, to which police response is ex- pected. (d) "Alarm user" shall mean any person -on whose premises an alarm system is maintained within this city except for alarm systems on motor vehicles or proprietary systems . If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises other than a proprietary system, the person using such system is an alarm user. Also excluded from this definition and from the coverage of this chapter are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located, of an attempted unauthorized intrusion or robbery attempt. If such a system, however, employs an audible signal_ emitting sounds or a flashing light or beacon designed to signal persons outside the premises , such system shall be within the definition of alarm system and shall be subject to this chapter . (e) "Answering service" shall mean a telephone answering service providing among its services the service of receiving on a continuous basis through trained employees , emergency signals from alarm systems , and thereafter immediately relaying the mes- sage by live voice to the communications center of the police department . (f) "Automatic dialing device" shall mean an alarm system which automatically sends over regular telephone lines, by di- rect connection or otherwise a pre-recorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect . (g) "Audible alarm" shall mean that type of alarm system which, when activated, sounds a bell or buzzer at the immediate " location of the alarm installation. (h) "Burglar alarm" shall mean an alarm system signaling entry, attempted entry or intrusion on or into any building, place or premises . (i) "Central station" shall mean a centralized location directly controlled by an alarm business, in which the operations of electrical protection circuits and devices are transmitted to, recorded in, maintained, and supervised. U ) "Intrusion" shall mean any unauthorized entry on or into any building, place or premises . W "Private line" shall mean a telephone line leased for 2. the express purpose of transmitting alarm signals between the subscriber' s location to a central station, answering service or the police department . (1) "Proprietary system" shall mean an alarm system sound- ing and/or recording alarm and supervisory signals at a control center located within the protected premises , the control center being under the supervision of the proprietor of the protected premises . If a proprietary system includes a signal line con- nection to a police communication center, a central station, modified central station or answering .service, it thereby be- comes an "alarm system" as defined in this chapter. (m) "Robbery" shall mean the crime of robbery as defined in the California Penal Code Section 211. (n) "Signal line" shall mean the transmission line through which the signal passes from one of the elements of the signal transmission to another. (o ) "Silent alarm" shall mean that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light or otherwise records alarm activation at a predesignated place other than the location where the alarm has been installed. (p) "Subscriber" shall mean a person who buys and/or leases , or otherwise obtains an alarm signaling system and thereafter con- tracts with or hires an alarm business to monitor and/or serv- ice the alarm device. (q) "Telephone company" shall mean the utility that fur- nishes telephone services to the city. (r) "UL" shall mean the abbreviation for Underwriters ' Laboratories . 5. 56. 030 Application for permit by alarm business . Any person engaging in an alarm business in the city shall, within thirty ( 30) days after the effective date of this chapter, apply to the police chief for a permit to operate an alarm business . Such application shall be submitted on a form provided by the police chief, and shall be made by the individual proprietor of such business , or by a partner, . or by the proper corporate of- ficial, as is appropriate for the form of the business seeking the permit, and shall include : (a) The name, address , and telephone number of the alarm business , and the type of business organization it is (individual partnership, or corporation) . If the business is under an in- 3 . dividual proprietor, the name, address and telephone number of owner; if a partnership, the name, address and telephone number of each partner (general, limited, silent , etc . ) ; if a corporation, the names and addresses of the directors, principal officers and stockholders (any stockholder holding more than twenty (20 ) percent of the corporation' s authorized and issued stock) , and the state where incorporated. (b) Certification that within ninety (90) days after the effective date of this chapter or upon receipt of notice of ap- proval of a permit application, whichever date occurs later, the alarm business shall maintain a description of the alarm system and devices offered for sale or lease to the public, and a description of any services related to alarm devices offered to the public . (c) Certification that within ninety (90 ) days after the effective date of this chapter, or upon receipt of notice of approval of a permit application, whichever date occurs later, . a complete list of the names and addresses of all persons in the city to whom or for whom alarm systems have been sold and who are currently under contract to the alarm business for services on or after the effective date of this chapter shall be maintained for inspection by the police chief during the course of his official business . (d) A complete list of criminal convictions , if any, ex- cept for minor traffic offenses , of the applicant , or a list of criminal convictions , if any, except for minor traffic of- fenses , of each partner, officer, or local office manager, if the applicant is other than an individual. (e) A statement that the applicant will inform the police department within ten (10) days after any substantial change in the information required by this section. 5 .56 . 040 Permit--Fees . Permit applications shall be accompanied by a nonrefundable fee of Fifteen Dollars ($15) to cover the costs to the city of processing the application and investigating the applicant. 5 .56 . 050 Permit--Effective period. Applicants already . doing business in the city on the effective date of this chapter may continue to do business while their permit applications are being processed. An applic_ant-_ not . previously doing business .in the city on the effective date of this chapter shall not com- mence doing business until his application is approved. The permit shall be valid for a period of one (1) year. 4. Any permit or fee required to be obtained or paid pursuant to this chapter shall be in addition to any other license or fee required to be obtained or paid pursuant to this code, provided, no permit shall be construed to authorize the con- duct of any business prohibited by law,. or to conduct any business in a manner prohibited by law or which has been de- clared illegal, or to constitute a nuisance by any governmental authority. 5 . 56 . 060 Permit--Renewal. It shall be the responsibility of the alarm_business to apply for renewal of the permit at least ten (10) days prior to the expiration of any existing per- mit . The renewal application shall be accompanied by a nonre- fundable fee of Ten Dollars ($10 ) . 5. 56 . 070 Permit--Application. The police chief shall cause a report on the applicant to be prepared based on the information contained in the application together with such. other relevant information as may be obtained pertaining to the applicant and his business . On . the basis of this report, the police chief shall, within sixty (60) days after the receipt of an application for an alarm business permit, either approve or deny the issuance of a permit. Upon making a decision, he shall: , (a) In the case of approval, notify the applicant , in writing of the approval and inform him that upon presentation of the notice of approval to the license department and the payment of the required fee, the applicant will be issued a permit to operate . (b ) In the case of denial, notify the applicant , in writing of the denial and of the basis for the denial. If the basis for the denial can be corrected, the denial notice shall so state and shall explain how these corrections may be made and set a reasonable time limit .for making such cor- rections . The notice of denial shall inform the applicant that he may appeal the denial and set forth the procedure for appeal . 5. 56. 080 Permit application--Denial--Appeal procedure . The procedure for appeal following a denial of an application is as follows : (a) Within ten ( 10 ) days after receipt of the notice of denial, the applicant shall file a notice of appeal with the city clerk addressed to the city council and stating the basis of the appeal . 5• (b) Such hearing shall be held within thirty ( 30) days of the filing of the notice of appeal. The city clerk shall_ cause the applicant to be given notice of the hearing by cer- tified mail at least seven (7) days in advance of the date of the hearing. The applicant, or his, designated representative, may appear before the city council and make an oral _presenta- tion of his appeal, or he may make the .appeal through, a written statement, or he may do both. The city council shall rule on. the appeal within twenty_ (20) days after it is heard, and such ruling shall be final . 5 .56 . 090 Permit--Revocation.. In addition to any pen- alties which may be imposed for the violation of certain pro- visions of this chapter, the city may, pursuant to the provi- sions of this section, revoke the permit of an alarm business on any of the following grounds : (a) Fraud or wilful and knowing misrepresentation or false statement made in an application for a permit . (b) Fraud or wilful and knowing misrepresentation or false statement made in the conduct of an alarm business . (c) Failure to correct any deficiencies in equipment or operation within thirty (30) days after receipt of notice of same from the police chief, or within a reasonable time if the deficiencies cannot be corrected within the said thirty ( 30) days . (d) Failure to comply within a reasonable time with any order or notice issued by the police chief after the permittee ' s rights to hearing and .appeal have been exhausted, or failure after reasonable notice to permit the police chief to inspect any lists which he is authorized to inspect . under this chapter, or failure to comply with the standards imposed by this chapter within a reasonable time after_notice or order from the police chief or the city _attorney . 5. 56. 100 Permit--Revocation--Hearing. No alarm business permit shall be revoked until a hearing is held by the police chief. Written notice of the time and place of the hearing shall be served on the holder of the permit at least ten (10), days before the date set for the hearing. The notice shall set forth a summary of the grounds advanced as the basis for the revocation of the permit . At the hearing, the holder of the permit, or his autho- . rized representative shall begiven an opportunity to confront and examine any adverse witness , and to present evidence on his own behalf. After the hearing, the police chief shall 6. either dismiss the complaint or notify the license depart- ment that the permit should be revoked accordingto section 5 . 56.090 . In either event , the police chief shall cause the holder of the permit to be given notice in writing of his de- cision within ten (10) days after making it . 5 .56 .110 Permit--Revocation--Appeal. . The procedure for appeal of a permit revocation is as follows : (a) Any person whose permit is revoked pursuant to sec- tion 5 . 56 .090 of this chapter shall have the right within .ten (10 ) days after receiving notice in writing of the revocation to file a notice of appeal with the city clerk addressed to , the city council. Such appeal. shall set forth in detail the spe- cific ground or grounds on which it is based. (b ) Such hearing shall be held within thirty (30) days of the filing of the notice of appeal. The city clerk shall cause the applicant to be given notice of the hearing by certified mail at least seven (7) days in advance of the date of the hear- ing. The applicant may appear_ before the city council and _the applicant, or his designated representative , may make an oral presentation of his appeal, or he may make the appeal through a written statement, or he may do both. The city council shall rule on the appeal within seven (7) days after it is heard, and such ruling shall be final . (c) Within ten (10 ) days after an -alarm business has exhausted all appeals with respect to such revocation, the permittee shall notify all persons for whom it is required to maintain a list pursuant to section 5 . 56 .030(c) of this chapter of such revocation, and the notice shall advise such persons that the alarm business must cease providing service for or selling burglar and robbery alarm. systems to such persons within thirty (30) days after they receive notice of revocation. For the purposes of this section, any alarm business other than a central station, modified central sta- tion or telephone answering service may satisfy the notice requirements by placing an advertisement in a newspaper or newspapers published in the geographic areas in which its customers are located, which advertisement shall be in. a form prescribed by the police chief. Such advertisementshould . appear at least one day _a week for three ( 3) successive weeks . When the notice required by this subsection has been completed, the alarm business shall submit a sworn certificate to the police chief that it has met the requirements of this sub- section. 5 .56. 120 Identification cards--Application. Every alarm agent employed by an alarm business within this city 7. shall be required to obtain. an identification. card from- the police chief. Until the police . ch,ief acts upon the appli- cation of an .alarm. agent -for an identification card, an alarm business may issue a temporary identification. card, as ,pro- vided in section 5 . 56.130 . The owners ,, managers , corporate .officers and partners of all alarm businesses ,are also re-- quired to obtain identification cards from the police chief if they directly engage in selling., installing, servicing, maintaining or responding to , alarm systems within the city . Any person who is not an alarm agent who, as an employee of a licensed alarm business,, has access to. confidential in- formation of an alarm user, or to monitoring radio equipment , must also obtain an identification card. Within thirty (30) days of the effective date of this chapter, alarm agents and, if required by this section, owners , managers , corporate of- ficers and partners , shall submit applications to the police. chief for identification cards . The application for the . identification card shall be in. a. form prescribed by the police chief and shall include the following: (a) The applicant ' s full name and any aliases or other names previously used, residence and business addresses and telephone numbers . (b) The applicant' s date and place of birth . (c) A list of all felony and misdemeanor convictions of the applicant. (d) Two (2) classifiable sets of fingerprints . (e ) Two (2) photographs of the applicant taken by the police department . (f) The name and- address of the alarm business where the applicant is or will be employed. (g) The applicant' s employment record for the prior three (3) years . (h) A statement that the applicant will inform the police chief of any change in the above information or the termination of the applicant ' s employment by the alarm busi- ness within ten (10) days of such change . (i) Any other information which the police chief maydeem necessary to determine whether the applicant for an identifi- cation card meets the requirements of this chapter. 5.56 - 130 Identification cards--Temporary . A temporary 8. identification card may be issued by an alarm business for its alarm agents or any other person required to obtain an identification card in section 5 . 56 . 120 prior to the obtain- ing of an authorized identification card from the police chief. The form for temporary identification cards shall be prescribed by the police chief and shall provide for the following: (a) The name of the alarm agent or card holder. (b) The home address of the alarm agent or card holder. (c) The name and address of the alarm business for which the alarm agent or card holder is employed. (d) The date upon which the alarm agent or card holder commenced employment with the alarm business and the expiration date of the temporary identification card. (e) A recent photograph of the alarm agent or card holder. Prior to employing an alarm agent, an alarm business shall require the names of at least two (2) references and the names and addresses of employers for the past three (3) years of such person and shall make reasonable and prudent inquiries prior to issuing a temporary identification card to determine whether the person applying for employment meets the requirements of this section. If the alarm business has reason to believe that the applicant does not meet the requirements of this section, no temporary identification card shall be issued by the alarm business . Within fourteen (14) days of the commencement of employment with an alarm business, any new alarm agent must submit an application to the police chief for a permanent identification card under this section. The temporary or permanent identification card required by this section shall be carried by a person required to ob- tain an identification card whenever such person is engaged in the business of the licensee and shall be exhibited at the demand of any lawful authority. 5 . 56 .14o Identification cards--Exemption. An alarm agent shall not be required to obtain an identification from the police chief if he currently holds a valid alarm agent identification card from any other California law enforcement agency if such governmental agency requires its alarm agents to meet the same general qualifications of this section, and requires an alarm agent to obtain and carry an identification card in the same general form as required by this _chapter. 5. 56 . 150 Identification cards--Fees . Application for 9 • an identification card must be accompanied by a Ten Dollar ( $10) fee to cover costs of processing the application and investigating the applicant . 5.56 . 16o Identification cards--Denial . The police chief shall cause a report on the applicant to be prepared based on the information contained in the application together with . such other relevant information as may be obtained pertaining to the applicant . No identification card shall be issued if: (a) The applicant has been convicted of a felony (or misdemeanor involving moral turpitude ) . (b) The application contains any false statements made wilfully and knowingly . (c) The applicant is not employed as an alarm agent or is not to be employed as an alarm agent by an alarm business if he is issued an identification card. If the application is approved, the police chief shall cause an identification card to be issued to the applicant . 5. 56 .170 Identification cards--Denial--Appeal. If the application is denied, the police chief shall notify the ap- plicant, in writing, of the denial and of the basis for the denial. The notice of denial shall inform the applicant that he may appeal the denial and set forth the procedure for appeal . The procedure for appeal shall be the same as that provided in Section 5 .56 .200 . 5.56 . 180 Identification cards--Revocation. In addi- tion to any penalties which may be imposed for the violation of provisions of this chapter, the city may, pursuant to the provisions of this section, revoke the identification card of an alarm agent on any of the following grounds: (a) Fraud or wilful and knowing misrepresentation or false statement made in an application for an identification card. (b ) Fraud or wilful and knowing misrepresentation or false statement made while employed as an alarm agent . (c) Conviction of a felony or of a misdemeanor which reflects unfavorably upon the card holder' s fitness to be an alarm agent. 5. 56 . 190 Identification cards--Revocation--Hearing. 10. No identification card shall be revoked until a hearing is held by the police chief. Written notice of the time and place of the hearing shall be served on the holder of the identification card at least ten (10) days before the date of the hearing. The notice shall set forth a summary of the grounds advanced as the basis for the revocation of the iden- tification card. At the _hearing before the police chief, the holder of the identification card shall be given an opportunity to confront and examine any adverse witness, and to present evidence in his own behalf. Within ten (10) days after the hearing, the police chief shall either dismiss the complaint or revoke the identification card. In either event, such notification shall be in writing. 5. 56. 200 Identification cards--Revocation--Appeal. Within ten (10 ) days after receipt of the notice of revoca- tion, the applicant may file a notice of appeal with the city clerk addressed to the city council and stating the basis of the appeal . Such hearing shall be held within thirty ( 30 ) days of the filing of the notice of appeal. The city clerk shall cause the holder to be given notice of the hearing by certified mail at least seven (7) days in advance of the date of the hearing. The holder may appear before the city council and the holder, or his designated representative, may make an oral presentation of his appeal, or he may make the appeal through a written statement, or he may do both. The city council shall rule on the appeal within seven (7) days after it is heard, and such ruling shall be final. 5 .56. 210 Identification cards--Form. An identification card issued by the police chief shall contain a recent photo- graph of the applicant, the date of issue , the applicant ' s signature, a statement that the card is valid for two (2) years from the date of issue and such other information as the police chief may in his discretion require . All identi- fication_ cards shall be consecutively numbered. 5.56. 220 Identification cards--Return. An applicant shall return an identification card to the issuing agency or business upon termination of his employment with an alarm business . An alarm business shall return to the police chief an identification card issued by the police chief upon ter- mination of the employment of the alarm agent . Any person who violates or wilfully fails to complywith this section is guilty of a misdemeanor. 5 .56. 230 Administrative rules . The police chief shall 11. promulgate such rules as may be necessary for the implemen- tation of this chapter and for determination of grounds for clerical suspension, or revocation of any license or permit required by this chapter. The rules shall be approved by the city administrator and city council. 5 . 56. 240 Alarm systems standards . The following stand- ards shall apply to alarm systems: (a) Within six (6) months after the effective date of this chapter, all alarm systems shall utilize equipment and methods of installation approved by Underwriters Laboratories or otherwise approved by the police chief. (b) In those instances where Underwriters Laboratories has not established standards for categories of equipment or where new equipment is undergoing field testing, the police chief may require that the alarm system be inspected at the expense of the alarm business or alarm user by a professional electrical engineer who shall certify whether the alarm system appears to be safe and reliable . (c) The central control unit of the alarm system shall be protected by a key locking device and intrusion sensing mechanisms. (d) Reasonable precautions shall be taken to reduce power noises and surges in the alarm power supply which may cause false alarm activation. (e) Early warning devices may and should be installed in those alarm systems where the alarm users ' procedures or environment warrant such protection from indiscriminate alarm activations . (f) The alarm system shall be completely separate from all other alarm systems reporting fire or any other hazard - not authorized by this chapter. 5 .56. 250 Automatic dialing device . No person shall use or cause to be used any telephone device or telephone attach- ment that automatically selects a public telephone line of the city of Huntington Beach, the police department or the telephone company operators , and . then reproduces any pre- recorded message to report a burglary, robbery or any other emergency of any nature . 5. 56. 260 Automatic dialing device--Intermediary services . Persons owning or leasing an automatic dialing device may 12. have the device interconnected to a telephone line transmitting directly to a central station, the alarm user',s residence or secondary place of business, or a licensed answering service . The relaying of messages of intermediate services to the police department shall be over a public telephone, except that central stations may relay messages over a direct line . 5. 56. 270 Automatic dialing device--Standards . Auto- matic dialing devices installed on any premises within the city shall meet the following minimum standards : (a) The contents of the recorded message to be trans- mitted by such device must be intelligible and in a format approved by the police chief as appropriate for the type of emergency being reported. (b ) The sensory apparatus and hardware comprising such devices shall be maintained by the owner or lessee in such physical condition that false alarms will be minimized. 5. 56 . 280 Automatic dialing device--Operating instruc- tions. Every alarm business selling or leasing to any person an automatic dialing device which is installed on such per- son' s premises in the city after the effective date of this chapter, shall furnish that person with instructions that pro- vide adequate information to enable persons using such device to operate it properly and, .if the device is to be serviced or maintained by another alarm business , shall furnish such other alarm business with a manual or other information nec- essary to enable it to service or properly maintain such de- vice . If the police chief reasonably finds such information to be incomplete or unclear, or inadequate to explain how the device operates and is constructed, he may require the alarm business to revise the information to meet his ap- proval, and then to distribute the revised information to persons who have had such devices installed as well as to persons subsequently having such devices installed. 5. 56 . 290 Automatic dialing. device--Service. Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person' s premises in the city shall provide or make available at all times service to repair such device should it malfunction, and shall furnish to the person buying or leasing such device written information concerning how service may be obtained at any time, including the telephone number to call for service . 13. 5. 56 . 300 Inspections . The police chief shall_ have the authority, at reasonable times and upon reasonable oral notice, to enter any premises in the city in or upon ,which alarm systems or alarm businesses subject to this chapter are located, to inspect the installation and/or operation of such alarm systems or alarm businesses on official police business . 5. 56. 310 Inspections--Disclosure of business information. No city official or employee shall .knowingly or wilfully re- veal any business information obtained during any inspection other than for official police business .or for the admini. stration and enforcement of this _chapter. Any person who violates or wilfully fails to comply with this section is guilty of a misdemeanor. 5. 56. 320 Violations--Report .. If an inspection reveals. any violations of the provisions .of this chapter, . a written report detailing such violations shall be promptly sent to the owner, lessee, or other person. responsible for the alarm .. ,. . , system or business in violation. of_this chapter. Such report shall require the correction within thirty ( 30) _ days after receipt of the notice of the violation discovered, and shall. state that a. failure to comply may result in the .revocation of the alarm business ' license to operate, or in:.the revo- cation of the alarm user' s permit, in accordance with pro- visions of this chapter. 5. 56. 330 Required information--Alarm business . Each alarm business shall provide the chief of .police with the address of each building, place or premises within the city for which the permittee sells or installs an alarm system. This information shall include the firm name or name of . __ resident at that location, the . type of alarm system and. other general information which:may be required by the. police de- partment to assist in responding to the location for an alarm activation. 5. 56 .340 Required information--Alarm .user. Each alarm system user shall furnish the chief of police the name and telephone number of any other person at a different location who is authorized to respond and open the place where the device is installed.. At least two (2) separate persons must be included, one of which may be the permittee 's alarm busi- ness . Any change in this list must be - reported within ten (10 ) days of the change to the chief of police. Those. per- sons listed shall respond to the location if so requested by the police department . ;The information required of the subscriber shall be restricted to the use of the police de- 14 . partment . 5.56. 350 Alarm business--Operator- instructions . Each alarm business that installs or services an alarm system. shall clearly instruct the subscriber- in- the- proper use._and . operation of the alarm.system., . especial.ly, in. those., factors _which. can . cause false_ alarms,. The. subs-criber.. shall. provide.-identical ._ training to each employee. subsequently authorized to operate the alarm _system. 5.56.360 Alarm business--Service standards . Each alarm. _ business servicing. an. alarm .system within the city shall offer service, directly or through an agent , on a . twenty-four . (24) hour basis,_ seven (7) days a__week, to repair such device., so as to correct any _malfunction that may occur.. Each per- mittee shall report to the .police.. department the emergency phone number where such service can be contacted. _Each. per- mittee shall respond -within two . (2) :hours after the permittee has been notified by the subscriber or police. department that the alarm _system has malfunctioned. The cost of such serv- ice, if any, shall be the responsibility of the subscriber. 5. 56 . 370 Alarm business--Inspection records . Each alarm business shall maintain. a . complete . record:_of inspection and . service on each separate subscriber' s installed alarm system, listing the nature of..malfunctions. found. and . corrective meas- ures taken. Each permittee shall display to the police .chief when requested, permittee 's ,record of , inspection and repair for any subscriber' s alarm system. 5.56 . 380 Alarm system--Testing of. equipment . No alarm system designed to transmit emergency messages . directly . to the police department shall be. tested _.or. demonstrated without first obtaining permission from the police chief. _ Permission is not required to _test or.. demonstrate alarm - devices not transmitting emergency messages: directly to the police de- partment unless the. messages are to be relayed to the police department. 5. 56. 390 Notice ,of disruption in service . When . an alarm . business ' service to its alarm.users is disrupted for any reason by the alarm business , or the alarm business becomes aware of such disruption,. it shall promptly notify its sub- scriber by telephone that protection no longer is being pro- vided. If, however, the . alarm. business has written instruc- tions from its alarm user. not. to .make .such notification by telephone during certain hours , the alarm business may comply with such instructions . 15. 5. 56. 400 Central stations--Standards . In addition to any other requirements imposed by ,this chapter., an alarm busi- ness shall not be granted a license to operate a central sta- tion unless the police chief finds that the central station, if operated, will meet the following minimum requirements : (a) A large enough number of operators must be on duty at all times to ensure that all emergency messages received_ will be relayed immediately to the police department over a special trunkline. (b ) Emergency messages from automatic devices shall be given priority over all other messages received by the answering services except that fire alarm signals may have equal priority. (c ) All operators shall be trained to handle emer- gency messages . (d) As soon as possible , after notifying the police de- partment ., the operator concerned shall notify the subscriber involved of such action and the nature of the emergency mes- sage received. (e) All subscribers of an answering service shall be required by the service to cooperate in a test of its alarm devices at least once a year to determine if the device is working properly. The answering service shall certify that the test requirements have been fulfilled. Unsatisfactory test results shall be reported promptly in writing to the subscriber and the police department . Until the device in question is again working properly, the police department may require that its use be discontinued. 5 .56. 410 Answering services--Standards . In addition to any other requirements imposed by this chapter, an alarm business shall not be granted a license to operate an an- swering service unless the police chief finds that the an- swering service, if operated, will meet the following minimum standards : (a) The premises from which the services are performed must meet any applicable fire regulations . (b) The premises from which the services are performed must be secured in a manner approved by the police chief to prevent entry by unauthorized persons . 5.56. 420 False alarms. More than four (4) false alarms 16 . in any consecutive twelve (12) month period from any alarm system may constitute grounds for "no emergency response status" subject to the provisions of this chapter. Under "no emergency response status ," the police department shall not respond to any alarm activation from the subject alarm system. After the police department has recorded four ( 4) "false alarms" within any consecutive twelve (12) month period from any alarm system, it shall notify the alarm user and the alarm business providing service or inspection to the alarm system in writing by first class mail of such fact and re- quire that the alarm user submit a report to the police chief within fifteen (15) days after receipt of such notice, describing efforts to discover and eliminate the cause or causes of the false alarms . If, however, the alarm user, by reason of absence. from the city or on any other reason- able basis requests an extension of time to file the report , the police chief may extend the fifteen (15) day period for a reasonable period. If the alarm user fails to submit such a report within fifteen (15) days or within any such extended period, the police chief may place the alarm system on "no emergency response status ." Under such circumstances , the police chief shall notify the alarm user, the alarm business and the city administrator in writing by first class mail of such action. Commencing ten (.10) days after such action, the police department will not respond to the activation of the alarm system. This shall continue until corrective measures have been taken and certified by the police chief or his representative . 5. 56. 430 Penalties for violation. Any person who vio- lates or wilfully fails to comply with any section in this chapter is guilty of an INFRACTION_ except where expressly provided, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100) . SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published_within fifteen days in the Huntington Beach News , a weekly newspaper , of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th 17. day of December , 1975 ATTEST: ALICIA M. WENTVBpRTFI City Clerk Mayor APPROVED AS TO FORM: Deputy City Clerk City tor or AS TO CONTENT: City Administrator � Allcla M, Wentworth CITY Huntin ton Cnach a" CLERK of the C ty p} Counc ! h c` erk cf the^ Cl (" L City been_pu.!,•h ;r, i t -h s r'ir.once h as r ch News on to arc ..._. ALICIA C;ty. 70 F�I ».... .'llky Clerk . Ord. No. 2025 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the 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 adjourned meeting thereof held on the 8th day of December 19 75 , and was again read to said City Council at a regular meeting thereof held on the 15th day of December 19 75 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT Councilmen: None L Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By &Z, Deputy City Clerk