HomeMy WebLinkAboutAlarm Ordinance No 3121 to Amend Title 5 of the Huntington B REQUEST FOR. C.' ¶I = OUNC IL ACTION
APPROVED BY CITY COUNCIL
i_xl - 19./ ate August 19, 1991
# d TY C 1
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator1
Prepared by: Ronald E . Lowenberg, Chief of Police ` " '
Ai
Subject: Alarm Ordinance Amendments
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: (7/4
STATEMENT OF ISSUE
The existing Alarm Ordinance was enacted in January, 1976 . Some
recommended amendments will update the ordinance and make it more
workable and applicable to today' s needs .
RECOMMENDATION
Approve the amendments as requested.
ANALYSIS
The Police Department responds to an average of nearly 23 false alarms
per day. Some of these are aggravated situations where the same alarms
continue to malfunction; however, the current provisions for suspending
police response and revoking permits are so difficult that it is never
done. Due to staffing, it has also been impossible to track permits
properly and to ensure renewal on an annual basis . Some existing
sections of the ordinance have been found to allow too little tolerance
or discretion where there are extenuating circumstances or the permittee
is not aware of a problem. The amendments requested will correct these
issues , clarify and simplify the wording in some sections , and place
more responsibility on the part of alarm installers for complying with
provisions of the ordinance.
FUNDING SOURCE
No new funding will be required.
ALTERNATIVE ACTION(S)
Leave the present ordinance unchanged.
ATTACHMENT( S)
Amendments completed by City Attorney' s office.
Explanation Sheet .
REL:aa w
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1 CITY OF HUNTINGTON BEACH
4 lip INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: Mayor, City Council, From: R. E . Lowenberg r\
City Administrator Chief of Police 1
Re: Alarm Ordinance Amendments Date: August 5, 1991
The intent of this memorandum is to offer additional
clarification about the requested ordinance amendments for
those of you who would like the additional information.
Amendments to 5 . 56 . 040 would no longer require annual
renewal of residential alarm permits . In contrast to
businesses, residential permitees have no change in
personnel , mailing address or emergency phone numbers .
Based on this and a shortage of personnel, the police
department has not been enforcing annual renewal of home
alarm permits .
An additional amendment to this section would place
additional responsibility on the installer to obtain a
initial permit since many residents are not aware that a
permit is required.
Amendments to 5 . 56 . 080 modifies the suspension and
revocation process, clarifying procedures for placing an
alarm system on non-response. Failure to rectify the
problem will cause revocation of the permit . In the past it
has been cumbersome and time consuming as well as expensive
to place a violator on non-response or revoke. The present
ordinance requires two 15 day periods, plus two certified
letters . The amendments allow revocation after a single
mailing or personal notification and allows for appeal and
for re-instatement if problems are eventually repaired and
provisions of the ordinance complied with.
Amendments to 5 . 56 . 100 modifies the appeal process to agree
with the revocation process and clarifies the procedure to
reinstate a system to full response.
Amendments to 5 . 56 . 110 protects the alarm user from being
charged with an undue amount of false alarms due to a
runaway alarm system that repeatedly malfunctions while the
user is absent . Modifications will conform to departmental
practice.
Amendments also change the category of a "panic" alarm and
prevents undue and excessive fines for accidental
activation. Amendments will place a cap on the number of
false alarms a system is allowed in a 12 month period and
clarifies the notification process .
LEGISLATIVE DRAFT
ORDINANCE NO.
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 AA/IMMgdZAY16 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 tgeigZt
requirement for permits t 1 i frdt, and the OttA]5XYt) establishment of
fees. and pt Zvir6/grfiSXty 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
into a building, structure or facility, or for alerting others of
the commission of an unlawful act within a building, structure or
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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 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 dZY`bef/dZMX 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) "NdrigMgtggyley/f1614625As`b Nonresponse status" shall mean that
category in which an alarm system is placed as a result of permit
suspension or revocation; therefore, nigtgb,J/tieng krig the police
department eff/fM/di 5J/fd 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.
(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.
fib)
(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
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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.
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 Arid 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
of this chapter if such hearing is conducted before the notice
required has been given.
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5 . 56 . 080 Permit Midiftg IgZMpi revocation. Upon evidence that any
provision of this chapter has been violated, and written notice (of
revocation) thereof has been served upon the permittee, either by
personal service or by egtafZiteI regular mail, the chief of police
may suspend an alarm permit for a period of fgpi/,'l1 ' 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 plefAitMgY`dOrley/titXtdpiMg nonresponse status .
The failure 25t/ttfp[MMX/161 of permittee to eettgef/zlpi /eMpieIXfi'Mpi/
Xpih6XdlAYXf6pl/Mf/Dig/gXe50XXX6AA/Mf/fMXt/tMAtYg `/OXfMXA/fM16/fgpildAy/
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tgtRIXf‘/toff/0250Ye gd/Mgirariffffgt 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.
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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 gX�
received by the police department which 00,1 itrir6r6 show a failure to
comply with the requirements of this chapter, t6z`/g/gez`A: Y/Xggilitd/
Mr6tlAIpidgtz the chief of police XX/AgtkidtZtOAI/166 may demand that the
owner or lessee Aff/fMr6/gXAtM/gygintM/XAXfXAarig/gileM/AXAtA:IW
lal gggs dg.f/tIgAzaWeft/ IdaeltWeSt/MXg/tget&f0AlfgfX016‘ 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, fMt/DW
fr6XXr6A4Zrig as follows:
(1) For false alarms in excess of three (3) received in a
twelve (12) month period by/fMAs/erXXr6As/dgtALYAciOMf, the owner or
lessee shall be assessed a fee for each such alarm.
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The permittee shall only be charged with one (1) false
alarm in any seventy-two (72) 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) For false alarms in excess of six (6) received in a
twelve (12) month period by/fMg/grdXXeig/dgeMffyigMf, the owner or
lessee shall be assessed an increased fee for each such alarm.
(3) Any false alarm indicating robbery is occurring (a
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.
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YgelA itd/AXAEM/MYMftdMt/Arid If the user shows that xxy the false
alarms 0Aff were the result of conditions beyond his control and not
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the result of negligence on his part or that of his employees4/
111 USX`r6adiArWfAtnigtz /8MA8/8Me/Affgt/eAA 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. )
8.l8B11ZZ
5.56.110 Permit nontransferable. No alarm permit issued under
the provisions of this chapter shall be assignable or transferable.
8.18B,1ZZg
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 8Z8geeA ten (10) minutes after activation when the alarm
system is protecting a residential structure, and gZzt1# 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.
EZZEZZf
5.56.130 Repair. After Ally a false alarm caused by a
malfunction of the alarm system, AA the alarm system permittee shall
stilAge repair the alarm system tr6/15A/tgeAttArl in order to eliminate
such malfunction before reactivating the alarm. No person shall
reactivate such alarm until such repairs have been made.
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s '
8,18S.1XZ1
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.
8.18S1 X SO
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 .
8.18S,1X71
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
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.
8.18S,1XBg
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.
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HI B1 z4 R!
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.
8%8B,lZOO
5.56. 190 Enforcement provision. The police department is
directed to administer and enforce the provisions of this chapter.
8.18BLZXO
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
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,
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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 .
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 day of
, 1991.
Mayor
ATTEST: APPROVED AS TO FORM:
(
Atl
City ClerkCity Attorneyj) '���A1
WED AND APPROVED: INITIA ED AND APPRO D:
City Admini trator Chief of olice
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1 . qs),( i
. 1
•
• PUBLIC AIOTICE-
PROPOSED ORDINANCE . 3{ I
,AMENDING TITLE 5
OF THE HUNTINGTON BEACH MUNICIPAL CODE
TO ESTABLISH CHANGES TO THE BURGLAR ALARM
ORDINANCE CHAPTER 5.56 AND
PROPOSED RESOLUTION NO.G3t4 A RESOLUTION OF
THE CITY OF HUNTINGTON BEACH Snc r ea5 n p 7$ F .4' t
lgef teD lotto.: Re-SPonSe.-ro F e- 0/R41„
Notice is hereby given that a public hearing will be held by the City Council of the
City of Huntington Beach in the Council Chambers of the Civic Center Huntington Beac 2
at the hour of 7:00 P.M., or as soon thereafter as possible on Monday December
for the purpose of amending Chapter 5.56 of Title 5 titled Burglar Alarms. The purpose of
these amendments is to have more control over the proper installation of burglar alarms and
their proper functioning.
The city council will also consider proposed�re solution ho. ='IM'. which
ir.c,t'er2S 5 increases the fees for repeated police response to false alarms.
The public is invited to attend and provide the City Council written, or oral
comments,.and ask questions concerning these amendments.
Contact Person: James Carr Police Department, 2000 Main Street, Huntington
Beach, Ca 92647 Phone(714) 960-8805.City of Huntington Beach, by Cone.
.4.
"DAk2
Authorized to Publish Advertisement of all kinds including public notices by
Nape of the Supenor court of Orange County,California,Number A-6214,
September 29, 1961,andA-24831 June 11, 1963
STATE OF CALIFORNIA •
ri
County 9 of Orange 1?4,v000,119I am a Citizen of the United States and a
resident of the County aforesaid; I am over 7 -
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH—COSTA MESA PILOT, a PUBLIC NOTICE
PUBLIC NOTICE
newspaper of general circulation, printed PROPOSED
_ _ ORDINANCE 3121
and published in the City of Costa Mesa, A AMENDING TITLE
3 OF THE
County of Orange, State of California, and HUNTINGTON BEACH
MUNICIPAL CODE
TO ESTABLISH
that attached Notice is a true and complete CHANGES TO THE
LAR
copy as was printed and published on the B1OR NANCE ALARM
CHAPTER 5.56
following dates: AND PROPOSED
RESOLUTION NO.
6314
November 14, 21 , 1991 RESOLUTION OF
THE CITY OF
HUNTINGTON BEACH
INCREASING THE
FEES FOR
REPEATED POLICE
RESPONSE TO
FALSE ALARMS
Notice is hereby given
that a public hearing will
be held by the City Council
of the City of Huntington
Beach in the Council
Chambers of the Civic Cen-
ter Huntington Beach at the
hour of 7:00 P.M., or as
soon thereafter as possible
on Monday, December 2,
1991 for the purpose of
amending Chapter 5.56 of
Title 5 titled Burglar
Alarms. The purpose of
these amendments is to
have more control over the
proposed installation of
burglar alarms and their
proper functioning.
The city council will also
consider proposed Resolu-
tion No. 6314 which in-
creases the fees for re-
peated police response to
false alarms.
I declare, under penalty of perjury, that the The public is invited to at-
tend and provide the City
foregoing is true and correct. Council written, or oral
comments, and ask ques-
tions concerning these
amendments.
Contact Person: James
Executed on November 21 , 1 Carr Police Department,
1199 2000 Main Street, Hunting-
at Costa Mesa, ton Beach, CA 92647
C �fo �a Phone (714) 960-8805. City
of Huntington Beach, By
• Connie Brockway, City
Clerk
Dated:November 12, 1991 i
• Published Huntington
Signature Beach Independent No.
vember 14,21, 1991
112.887 1
PROOF OF PUBLICATION