HomeMy WebLinkAboutOrdinance #2486 I
I
ORDINANCE NO 2486
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 5. 56, AND ADDING THERETO
NEW CHAPTER 5.56 ENTITLED, "BURGLAR ALARMS"
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. Chapter 5 .56 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 5.56 entitled, "Burglar
Alarms" to read as follows :
5.56.010 Purpose. The public has purchased burglary and
robbery alarm systems which either mechanically malfunction or
are not operated properly by their users, causing an increase in
false alarm reports which require an immediate response from the
police department, thus needlessly diverting limited police re-
sources. The purpose of this chapter is to set forth regulations
governing the use of burglary and robbery alarm systems, require
permits therefor, establish fees, and provide penalty for viola-
tions.
5 .56.020 Definitions . (a) "Alarm system" means any mechan-
ical or electrical device which is designed or used for the detec-
tion of an unauthorized entry into a building, structure or fa-
cility, or for alerting others of the commission of an unlawful
act within a building, structure or facility, or both , and which
emits a sound or transmits a signal or message when activated.
Alarm systems include, but are not limited to, indirect dial
telephone devices, audible alarms and proprietor alarms. Devices
which are not designed or used to register alarms that are audible,
visible, or perceptible outside of the protected building, struc-
ture or facility are not included within this definition nor are
direct dial telephone devices or auxiliary devices installed by
the telephone company to protect telephone company systems which
might be damaged or disrupted by the use of an alarm system.
(b) "Applicant" means a person, firm, or corporation who
or which files an application for a permit as provided in this
chapter.
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( c) "Audible alarm" means that type of alarm system which,
when activated, emits an audible alarm.
(d) "False alarm" means an alarm signal which requires
police response where an emergency situation does not exist.
( e) "Nonemergency response status" shall mean that cate-
gory in which an alarm system is placed as a result of permit
suspension or revocation, thereby relieving the police depart-
ment of the duty to respond.
( f) "Notice" means written notice, served personally or
mailed, postage prepaid, addressed to the person to be notified
at his last known address . Service of such notice shall be deemed
effected upon completion of personal service or upon deposit of
such notice in the United States mail.
(g) "-Permittee" means any person, firm, partnership, associa-
tion, or corporation who or which shall be granted a permit, as
provided herein, and his or its agents and representatives.
(h) "Proprietor alarm" means an alarm which is not serviced
by an alarm business.
( i) "Subscriber" means any person who purchases, leases,
contracts for or otherwise obtains an alarm system or for the
servicing or maintenance of an alarm system from an alarm busi-
ness.
( J) "Signal channel" means a telephone line or other method
of transmitting signals other than by the use of a telephone,
which signal channels shall be caused to be installed and used by
the permittee for the purpose of delivering a signal to the moni-
tor.
(k) "Standards , regulations , requirements and duties" means
the minimum standards and regulations for the construction and
maintenance of all alarm systems installed within the city, as
prescribed by the chief of police, and adopted by resolution of
the city council. All devices shall meet or exceed such stand-
ards and regulations before permits may be issued pursuant to
this chapter. The police chief may require inspection and ap-
proval of all alarm systems installed within the city.
5.56.030 Registration required. No person shall engage in,
manage, conduct or operate an alarm business in the city of
Huntington Beach without first registering with the city license
division on appropriate forms, and providing the following in-
formation:
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(a) Name of the business, and if a corporation, its name,
date and place of incorporation and address of its principal
place of business, together with the name and business telephone
number of the owner or manager.
(b) A list of the addresses, business and emergency tele-
phone numbers of all central stations handling accounts in the
city.
( c) A list of all subscribers, both private and commercial,
together with the addresses where alarm systems have been in-
stalled.
Such registration shall be accompanied by a file copy of
the alarm company operator' s state identification card.
5.56.040 Annual permit required. ( a) Alarm system. No
person shall install or use an alarm system without first applying
for and receiving an annual alarm permit therefor in accordance
with the provisions of this chapter.
( b) Audible alarm requirements. Every person, corporation,
or business maintaining an audible alarm shall post a notice con-
taining the name(s) and telephone number( s) of the person(s) to
be notified to render repairs or service and secure the premises
during any hour of the day or night that the alarm system is
activated. Such notice shall be posted near the alarm in such a
position as to be legible from ground level adjacent to the build-
ing where the alarm system is located.
5 .56.050 Exemptions. The provisions of this chapter are
not applicable to audible alarms affixed to motor vehicles or
to a public utility whose only duty is to furnish telephone
service pursuant to tariffs and file with the California Public
Utilities Commission.
5.56.060 Permit procedures--Fee. Applications for annual
permits, required hereunder, shall be filed, together with pay-
ment of a fee established by resolution of the city council,
with the chief of police on forms furnished by him containing
necessary information to evaluate and act upon the application
including, but not limited to, the name, address and telephone
number of the person who will render service or repairs during
any hour of the day or night .
It shall be the responsibility of the permittee to apply
for renewal of the permit at least ten (10) days prior to the
expiration of any existing permit .
5 .16.010 Notice of change. Whenever any change occurs
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relating to the written information required on application forms ,
the applicant or permittee shall give written notice thereof to
the chief of police within a reasonable time not to exceed ten
( 10 ) days after such change or at any hearing conducted under the
provisions of this chapter if such hearing is conducted before the
notice required has been given.
5 .56.080 Permit suspension. Upon evidence that any pro-
vision of this chapter has been violated, and written notice
thereof has been served upon the permittee, either by personal
service or by certified mail, the chief of police may suspend
an alarm permit for a period of ten (10) days , during which
time such alarm system shall not be used and shall be placed
on nonemergency response status .
Failure or refusal by permittee to correct any condition
in violation of the provisions of this chapter within the ten-
day suspension period may result in revocation of the alarm
system permit , as provided hereinafter.
5.56.090 Permit revocation. When an alarm permit is to be
revoked, the chief of police shall give the permittee fifteen ( 15)
days notice of his intention to do so by personal service or by
certified mail, postage prepaid, addressed to permittee at the
address set forth on the permit application. Upon failure of
permittee to cause the system to be repaired, or to be used or
operated properly, or to pay the false alarm prevention fee
within such fifteen-day period, or to file an appeal to the
city council, as provided in this chapter, the permit shall be
revoked at the expiration of such fifteen-day period, and the
alarm system shall be placed on nonemergency response status
and shall not be used until a new permit has been issued.
5 .56. 100 Appeal to city council. In the event a permit is
revoked or notice of revocation has been given, the permittee
may appeal to the city council by filing with the city clerk a
statement, addressed to the city council, setting forth the
facts and circumstances regarding the action of the chief of
police; provided, however, that such appeal shall be filed prior
to the expiration of the fifteen-day period following the ser-
vice, either personal or prepaid mail, of the notice of revo-
cation.
The city clerk shall cause the appeal to be placed on the
next available city council agenda and notify the appellant.
The city council shall consider the appeal and may affirm, over-
rule, or modify the decision of the chief of police. The de-
cision of the city council shall be final.
All fees paid by permittee shall be forfeited in the event
of revocation. Enforcement of a revocation notice shall be
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stayed during the pendency of an appeal therefrom, properly and
timely filed.
5 .56. 110 False alarm--Prevention payment. (a) When emer-
gency alarms, messages , signals or notices are received by the
police department which evidence a failure to comply with the re-
quirements of this chapter, or a permit issued hereunder, the
chief of police is authorized to demand that the owner or lessee
of the alarm system initiating such alarms, messages, signals,
or notices, or his representative, disconnect the alarm system
until it is made to comply with such requirements.
(b) The owner or lessee of any alarm system which has
caused any signal, message, or alarm to be transmitted to the
police department, either by direct telephone or other direct
communication, or by communication from an alarm agent, or an
alarm business, or by a person responding to an audible alarm,
and which is proved to be a false alarm, shall pay a false alarm
prevention fee, established by resolution of the city council,
for the following:
( 1) For false alarms in excess of three (3) re-
ceived in a twelve (12) month period by the police department,
the owner or lessee shall be assessed a fee for each such alarm.
( 2) For false alarms in excess of six (6) received
in a twelve ( 12) month period by the police department, the
owner or lessee shall be assessed an increased fee for each
such alarm.
( 3) Any false alarm indicating a violation of California
Penal Code section 211.
(c) An alarm permit may be suspended or revoked in addi-
tion to the false alarm prevention fee, established by resolu-
tion of the city council, or in the event of failure to pay such
false alarm fees .
(d) Exceptions. A thirty (30) day adjustment period to
correct mechanical problems will be allowed for any new, improved
or replaced alarm system; and if the user shows that any false
alarm was the result of conditions beyond his control and not the
result of negligence on his part or that of his employees; pro-
vided, further, that the user can demonstrate that he neither
knew of the defect in the alarm system,. nor in the exercise of
due care, should have known of such defect, such alarm shall not
be deemed a "false alarm" within the meaning of this chapter.
5.56. 120 Permit nontransferable. No alarm permit issued
under the provisions of this chapter shall be assignable or
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transferable.
5 .56.130 Automatic shutoff requirements--Audible. All
audible alarm systems , excluding fire alarms which indicate the
activation of an automatic fire sprinkler system, shall include
a device which will limit the generation of the audible sound
of the system to no longer than fifteen minutes after activation
when the alarm system is protecting a residential structure, and
sixty minutes when the alarm system is protecting a commercial
structure. Said system, however, shall include an automatic re-
setting device which shall cause the system to rearm upon auto-
matic shutoff.
5 .56.140 Repair. After any false alarm caused by a mal-
function of the alarm system, an alarm system permittee shall
cause the alarm system to be repaired in order to eliminate
such malfunction before reactivating the alarm. No person shall
reactivate such alarm until such repairs have been made.
5.56.150 Testing alarm. Permittees shall notify the po-
lice communication bureau prior to any service, test, repair, main-
tenance, adjustment, alteration, or installation of systems which
would normally result in a police response to a false alarm. Any
alarm activated where such prior notice has been given shall not
constitute a false alarm, as defined in this chapter.
5 .56. 16o Prohibitions. It shall be unlawful to install or
use an alarm system which upon activation emits a sound similar
to sirens used on emergency vehicles or for civil defense pur-
poses.
5 .56.170 Limitation on liability. The city of Huntington
Beach is under no obligation or duty to any permittee or any
other person by reason of any provision of this chapter, or the
exercise of any privilege by any permittee hereunder including,
but not limited to, any defects in a police or fire alarm system,
any delay in transmitting an alarm message to any emergency unit
or damage caused by delay in responding to any alarm by any city
officer, employee or agent .
5 .56. 180 Application of chapter. Any person who, on the
effective date of this chapter, possesses , has installed, or uses
an alarm system which requires a permit under the provisions
hereof, shall apply for a permit, as provided herein, within
ninety (90) days after the effective date of this chapter.
5 .56.190 Right of entry. The chief of police, or his desig-
nated representative, is hereby authorized and empowered to in-
spect any alarm system installed in any business within the city
during regular business hours. Inspections of systems installed
6.
in private residences may be made with permission of the occupant
of the premises only.
5.56.200 Enforcement provision. The police department is
directed to administer and enforce the provisions of this chapter.
5 .56.210 Penalties for violation. Any person who violates
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
$100, and each such person shall be guilty of a separate offense
for each and every day or portion thereof during which any viola-
tion of an of the provisions of this chapter is committed con-
tinued, or permitted.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Huntington Beach hereby declares that it would have
adopted this ordinance and each section, subsection, sentence ,
clause, phrase, or portions thereof, and amendments thereto, ir-
respective of the fact that any one or more sections, subsections,
sentences, clauses , phrases or portions , or amendments be declared
invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecu-
tion for violation of ordinances which violations were committed
prior to the effective date hereof, nor be construed as affecting
any of the provisions of such ordinance relating to the collec-
tion of any license or penalty of the penal provisions applicable
to any violation thereof, nor to affect the validity of any bond
or cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 5. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject
7.
matter shall be construed as restatements and continuations and
not as new enactments .
SECTION 6. This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of May 1981.
Mayor
ATTEST : APPROVED AS TO FORM:
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City Clerk ty Att n y
REVIEWED AND APPROVED : INITIATED AND APPROVED:
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City Admini rator Chie f Police
8.
Ord. No. 2486
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 member$ 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 the 4th day of May
1981 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of May , 19 81 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Thomas Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
Non
ABSENT: Councilmen:
Non -- -
City
Clerk an
d ex-offic io Clerk
of the City Council of the City
of Huntington Beach, California
1. Alicia M. Wentworth C17Y CLERK of the City of
Hunting-!n Bead. and ex-offihio Clerk of the City
Counci., 4.'0 hereby certify that a synopsis of this
ordinahk;e -as been published in the Huntington
*each Independent on
Ina or�+ance wit the City Charter of said City.
�ic is !.J?•Gl/ENtGt/off h........�.
City Clerk
..............................:..
Deputy City Clerk