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ORDINANCE NO. 3121
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is hereby repealed.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 a response from the police department, thus
needlessly diverting limited police resources . The purpose of this
chapter is to set forth the regulations governing the use of
burglary and robbery alarm systems, the requirement for permits and
the establishment of fees and penalties for violations .
5 . 56 . 020 Definitions .
(a) "Alarm system" means any mechanical or electrical device
which is designed or used for the detection of an unauthorized entry
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into a building, structure or facility, 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
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message when activated. Alarm systems include, but are not limited
to, indirect digital 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, structure or facility are not included
within this definition nor are 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.
(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) "Nonresponse status" shall mean that category in which an
alarm system is placed as a result of permit suspension or
revocation; therefore, the police department will not respond to the
alarm system.
(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,
association, or corporation who or which shall be granted a permit,
as provided herein, and his or its agents and representative.
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(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 business .
(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 monitor.
(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 standards and
regulations before permits may be issued pursuant to this chapter .
The police chief may require inspection and approval 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
information:
(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 telephone
numbers of all central stations handling accounts in the city.
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(c) A list of all subscribers, both private and commercial,
together with the addresses where alarm systems have been installed,
updated as new installations are added.
Such registration shall be accompanied by a file copy of the
alarm company operator ' s state identification card.
5 . 56 . 040 Permit required.
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(a) Alarm system. No person shall install or use an alarm
system without first applying for and receiving an alarm permit
therefor in accordance with the provisions of this chapter .
Residential permits shall be in effect as long as permittee resides
at the residence for which permit was granted. Other permits shall
be renewed annually.
(b) It will be the responsibility of the alarm company, and/or
the user of an alarm system, to ensure that an original permit has
been obtained prior to activation of the system. Failure to do so
may constitute grounds to revoke the alarm company' s right to
install, service and/or monitor alarm systems in Huntington Beach.
In the event an alarm permit is not obtained, and after an alarm
system user has been notified by mail or by personal service to
obtain an alarm system permit, they will be given thirty (30) days
to comply or the alarm system will be placed on nonresponse.
(c) Audible alarm requirements . Every person, corporation, or
business maintaining an audible alarm shall post a notice containing
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 building where the alarm system is
located.
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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 on file with the California Public Utilities
Commission.
5 . 56 . 060 Permit Procedures Fee. Applications for permits,
required hereunder, shall be filed, together with payment 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. Permits for
residential alarm systems shall be subject to an initial fee and
shall not be subject to further fees unless a change occurs in the
system. All other permits shall be subject to an annual fee.
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 . 56 . 070 Notice of change. Whenever any change occurs 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
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of this chapter if such hearing is conducted before the notice
required has been given.
5 . 56 . 080 Permit revocation. Upon evidence that any provision of
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this chapter has been violated, and written notice L
(of revocation)
thereof has been served upon the permittee, either by personal
service or by regular mail, the chief of police
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may suspend an alarm permit for a period of fifteen (15) days,
beginning on date of personal service or the day after mailing,
during which time such alarm system shall not be used and shall be
placed on nonresponse status .
The failure of permittee to repair, replace or operate the
system properly, or to pay the alarm permit fee and/or the false
alarm prevention fees within the fifteen (15) day period, or to file
an appeal to the city council, as provided in this chapter, shall
cause the suspended permit to be revoked and the alarm system shall
be placed on nonresponse status and shall not be used until a new
permit has been issued and all outstanding fines and permit fees
have been paid.
However, an alarm system placed on nonresponse status may be
reinstated to full response status by complying with the City Alarm
ordinance. To reinstate to full response status, the permittee
shall show evidence that the system has been repaired, replaced
and/or that the persons who have been operating the system
improperly have been duly trained and instructed in the proper
operation of the system. The evidence shall consist of work orders,
cancelled checks, or adequate proof of training and instruction.
5 .56 .090 Appeal to city council . Within the fifteen (15) day
suspension period, 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 to the chief of police.
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, overrule, or
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modify the decision of the chief of police. The council may appoint
a hearing officer, who shall gather the facts , listen to argument
and prepare a report and recommendation to the council . The hearing
officer may be a city employee. The city council may accept,
reject, or modify the officer ' s recommendation or seek a further
report . The decision 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 stayed
during the pendency of an appeal therefrom, properly and timely
filed.
5 . 56 . 100 False alarm - Prevention payment .
(a) When the emergency alarms, messages, signals or notices
received by the police department which show a failure to comply
with the requirements of this chapter, the chief of police may
demand that the owner or lessee 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, as follows :
(1) For false alarms in excess of three (3) received in a
twelve (12) month period, the owner or lessee shall be assessed a
fee for each such alarm.
The permittee shall only be charged with one (1) false
alarm in any seventy-two (72) hour period. This allows the
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permittees adequate time to notify their alarm servicing company and
have any repairs, replacement, or adjustments implemented prior to
being charged another false alarm.
(2) For false alarms in excess of six (6) received in a
twelve (12) month period, the owner or lessee shall be assessed an
increased fee for each such alarm.
(3) Any false alarm indicating robbery is occurring (p
violation of California Penal Code 211) ; however, "residential, "
panic" or "hold up" false alarms, classified as 927A, Unknown
Trouble Residential Alarm, will be considered as regular false
alarms (459 ' s) for fine calculations .
(4) For false alarms in excess of ten (10) received in a
twelve (12) month period by the police department, the property
owner or lessee, and the systems alarm servicing company shall be
notified in writing that the system is to be placed on a nonresponse
status and the permit shall be revoked if the problem is not
resolved.
(c) Exception. If the user shows that the false alarms were
the result of conditions beyond his control and not the result of
negligence on his part or that of his employees and he demonstrates
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. (Thereupon, a fifteen (15) day adjustment period to
correct mechanical problems may be allowed for any new, improved or
replaced alarm system. )
5 . 56 . 110 Permit nontransferable. No alarm permit issued under
the provisions of this chapter shall be assignable or transferable.
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5 . 56 . 120 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 ten (10) minutes after activation when the alarm system
is protecting a residential structure, and fifteen (15) minutes when
the alarm system is protecting a commercial structure. Said system,
however, shall include an automatic resetting device which shall
cause the system to rearm upon automatic shutoff .
5 . 56 . 130 Repair. After a false alarm caused by a malfunction of
the alarm system, the alarm system permittee shall repair the alarm
system in order to eliminate such malfunction before reactivating
the alarm. No person shall reactivate such alarm until such repairs
have been made.
5 . 56 , 140 Testing alarm. Permittees shall notify the police
communication bureau prior to any service, test, repair,
maintenance, 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 . 150 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 purposes .
5 . 56 . 160 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 by 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
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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 . 170 Application of chapter. Any person who, on the
effective date of his 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 . 180 Right of entry. The chief of police, or his designated
representative, is hereby authorized an empowered to inspect any
alarm system installed in any business within the city during
regular business hours . Inspections of systems installed in private
residences may be made with permission of the occupant of the
premises only.
5 . 56 . 190 Enforcement provision. The police department is
i n'directed to administer and enforce the provisions of this chapter.
.5 . 56 .200 Penalties for violation. Any person who violates or
willfully 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 violation of any
of the provisions of this chapter is committed, continued, 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 competent
jurisdiction, such decision shall not affect the validity of the
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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, irrespective 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 prosecution
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 collection 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.
REST OF PAGE NOT USED
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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 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 -16th day of
December 1991 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Z/ City Attorney
.REVIEWED AND APPROVED: INITIATED AND APPRrD:
City A inistrator Chief of olice
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Ord, No. 3121
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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
meeting therof held on the end day of December
1991 and was again read to said City Council at a regular
meeting therof held on the 16th day of December 19 91 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Robitalle, Moulton-Patterson, Winchell„,_Silva, Green, MacAllister, Kelly
NOES: Councilmembers:
Noce
ABSENT: Councilmembers:
None
kC B"X OMKd1t cat d
. eke ard ebb auk d 1 OW
City Clerk and ex-offici Jerk
of the City Council of the City
ha
t C�Ghaderofsaid of Huntington Beach, California
AMC
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