HomeMy WebLinkAboutOrdinance #3273 ORDINANCE NO. 3273
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.56 OF THE MUNICIPAL CODE
PERTAINING TO BURGLAR ALARMS
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain:
SECTION 1: That Section 5.56.040 of Chapter 5.56 of the Huntington Beach
Municipal Code is hereby amended to read as follows:
5,56.040 Permit required.
(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.
(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.
(d) Alarm companies and/or their monitoring services shall first attempt to verify all
alarm activations prior to requesting the police be dispatched. Verification can be
accomplished by secondary activation devices, television cameras, telephonic
inquiry, or by having a person at the location of the alarm check the system.
SECTION 2: That Section 5,56.060 of Chapter 5.56 of the Huntington Beach
Municipal Code is hereby amended to read as follows:
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. All
permits shall be renewed annually. It shall be the responsibility of the permittee
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to apply for renewal of the permit at least ten (10) days prior to the expiration of
any existing permit.
SECTION 3: That Section 5.56.100 of Chapter 5.56 of the Huntington Beach
Municipal Code is hereby amended to read as follows:
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 two (2) received in a twelve (12) month
period the owner or lessee shall be assessed a fee for each such
alarm, and the fee shall be increased for each subsequent false
alarm received in a twelve (12) month period.
The permittee shall only be charged with one (1) false alarm in any
twenty-four (24) hour period. This allows the 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) Any false alarm indicating robbery is occurring (a violation of
California Penal Code Section 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.
(3) For false alarms in excess of seven (7) 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 within
fifteen (15) days.
(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 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. (Thereupon, a fifteen (15) day adjustment period to
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correct mechanical problems may be allowed for any new, improved or
replaced alarm system.)
SECTION 4: That Section 5.56.170 of Chapter 5.56 of the Huntington Beach
Municipal Code is hereby amended to read as follows:
.5.56.170 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.
SECTION 5: That Section 5.56.190 of Chapter 5.56 of the Huntington Beach
Municipal Code is hereby repealed in its entirety.
SECTION 6: That Section 5.56.200 of Chapter 5.56 of the Huntington Beach
Municipal Code is hereby amended to read as follows:
5.56.200 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 $500, 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 7: That Chapter 5.56 of the Huntington Beach Municipal Code is hereby
expanded by adding Sections 5.56.210, 5.56.220, 5.56.230 and 5.56.240; said sections to
read as follows:
5.56.210 Automatic Dialing Devices. It shall be unlawful for any person to
program an automatic dialing device to select any telephone line assigned to
the city, and it shall be unlawful for an alarm user to fail to disconnect or re-
program such device within twelve (12) hours of receipt of notice from the Police
Department that an automatic dialer is so programmed.
5.56.220 Enforcement provision. The Police Department is directed to
administer and enforce the provisions of this chapter.
5.56.230 Constitutionality. 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 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.
5.56.240 Adoption/Repeal. 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,
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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, 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 8. All other sections Chapter 5.56 shall remain as originally enacted.
SECTION 9. This ordinance shall take effect thirty (30) days after adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 19th day of December 1994.
ATTEST: l/
May r
City Clerk APPROVED AS TO FORM:
RE E D V
4S City Attorney
y �
ity Administrat INITI AND APPR
r
ief of Police
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Wdordin&55611112194
Ord. No. 3273
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY, 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 an reggla meeting thereof held on the 5th day of December,
1994. and was again read to said City Council at a regular meeting thereof held
on the 19th of December, 1994, and was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council.
AYES: Councilmembers:
Silva, Bauer, Robitaille,Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
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