HomeMy WebLinkAboutOrdinance No. 13-O4C• I 1 ►K`►l•I3la-41911cluor
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING AND RESTATING ARTICLE III OF CHAPTER 18 OF THE
AZUSA MUNICIPAL CODE TO ESTABLISH A MODERN
REGULATORY SCHEME FOR ADMINISTERING AND MANAGING
THE CITY'S RESPONSE TO ALARMS, FEES, FINES, APPEAL
PROCESS, AND PROVIDING OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, the City of Azusa ("City"), pursuant to the police powers delegated to it by
the California Constitution, has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens; and
WHEREAS, the Azusa Police Department regularly responds to burglary and robbery
alarms throughout the City and in that process responds to a large number of false alarms; and
WHEREAS, the Azusa Police Department's statistics show that between January 1, 2011
and December 31, 2012, the Department responded to 1,962 false alarm calls; and
WHEREAS, the current scheme established to address the problem of false alarms has
not sufficiently reduced the number of false alarms and consequently this Ordinance is being
enacted to tighten the regulations; and
WHEREAS, California law does not preempt local cities from using their police power
to establish a regulatory scheme that governs false alarm activations and responses and require
persons who operate alarm systems to obtain a permit to operate the alarm system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Article III of Chapter 18 of the Azusa Municipal Code is amended and
restated in its entirety to read as follows:
"Sec. 18.244 — Purpose.
Sec. 18.245 —Definitions.
Sec. 18.246 — Administration; Funding; Increases in Fees and Fines; Annual Evaluation
Sec. 18.247 — Alarm Registrations Required; Terms; Fees and Fee Collection.
Sec. 18.248 — Registration Application; Contents.
Sec. 18.249 — Transfer of Registration Prohibited.
Sec. 18.250 — Duties of Alarm Users.
Sec. 18.251 — Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm.
Sec. 18.252 — Registration and Duties of Alarm Installation Companies and Monitoring
Companies.
Sec. 18.253 — Duties and Authoritv of the Alarm Administrator.
Sec. 18.254 — False Alarm Fines; Fees; Late Charges.
Sec. 18.255 — Notice to Alarm Users of False Alarms and Suspension of a Police
Response.
Sec. 18.256 — Alarm Registration Suspension. Fees, Fines, Violation to Make Alarm
Dispatch Request for Suspended Alarm Site and Verified Response.
Sec. 18.257 — Appeals of Determinations Regarding Alarm Registrations, Fees and Fines.
Sec. 18.258 — Reinstatement of Suspended Alarm Registrations.
Sec. 18.259 — Suspension of Police Response to Dispatch Requests from Certain Alarm
Installation Companies and Monitoring Companies.
Sec. 18.260 — Police Department Response.
Sec. 18.261 — Confidentiality of Alarm Information.
Sec. 18.262 — Scope of Police Duty; Immunities Preserved.
Sec. 18.244. Purpose.
The City Council finds and declares that:
A. The vast majority of alarms to which the Police Department responds are False
Alarms, which are reported to the Police by alarm companies.
B. Most False Alarms are the result of improper maintenance or improper or careless
use of an Alarm System.
C. The public and Police Officers are subjected to needless danger when the Officers
are called to respond to False Alarms.
D. Officers responding to False Alarms are not available to carry out other Police
duties.
E. In the interest of using limited Police resources most effectively and efficiently,
the number of False Alarms can and must be reduced.
F. The purpose of this Article is to reduce the dangers and inefficiencies associated
with False Alarms and to encourage alarm companies and property owners to maintain the
operational reliability, properly use Alarm Systems, and to reduce or eliminate False Alarm
Dispatch Requests.
G. This Article governs systems intended to summon a Police response, establishes
fees, fines, establishes a system of administration, sets conditions for the suspension of a Police
response and establishes a public education and training program.
See. 18.245. Definitions.
For purposes of this Article, the following terms shall have the following meanings:
A. "Alarm Administrator" means the Person or Persons designated by the Police
Department to administer the provisions of this Article.
B. "Alarm Agreement" means the legal contract or agreement by and between the
Alarm Installation Company and/or Monitoring Company and the Alarm User.
C. "Alarm Agreement Holding Company" means the Alarm Installation Company or
Monitoring Company that holds the Alarm Agreement with the Alarm User
D. "Alarm Installation Company" means a Person in the business of selling,
providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm
System at an Alarm Site for compensation, and includes individuals or firms that install and
service Alarm Systems used in a private business or proprietary facility.
E. "Alarm Dispatch Request" means a notification to the Police Department that an
alarm, either manual or automatic, has been activated at a particular Alarm Site.
F. "Alarm Registration" means a registration and unique Number issued by the
Alarm Administrator to an Alarm User, which authorizes the operation of an Alarm System.
G. "Alarm Response Manager (ARM)" means a Person designated by an Alarm
Installation Company and Monitoring Company to handle alarm issues for the company and act
as the primary point of contact for the City's Alarm Administrator.
H. "Alarm Site" means a location served by one or more Alarm Systems. In a multi-
unit building or complex, each unit shall be considered a separate Alarm Site if served by a
separate Alarm System. In a single unit building that houses two or more separate businesses
with separate Alarm Systems, each business will be considered a separate Alarm Site.
I. "Alarm System" means a device or series of devices, which emit or transmit an
audible or remote visual or electronic alarm signal, which is intended to summon Police
response. The term includes hardwired systems and systems interconnected with a radio
frequency method such as cellular or private radio signals, and includes Local Alarm Systems,
but does not include an alarm installed in a motor vehicle, on an individual's person or a system
which will not emit a signal either audible or visible from the outside of the building, residence
or beyond, but is designed solely to alert the occupants of a building or residence.
J. "Alarm User" means any Person who has contracted for Monitoring, repair,
installation or maintenance service for an Alarm System from an Alarm Installation Company or
Monitoring Company, or who owns or operates an Alarm System which is not monitored,
maintained or repaired under agreement.
K. "Alarm User Awareness Class" means a class conducted for the purpose of
educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems
and the problems created by False Alarms.
L. "Alarm User List" means a list provided by the Alarm User's Alarm Installation
Company or if no Alarm Agreement exists between the Alarm User and an Alarm Installation
Company, the Alarm User's Monitoring Company.
M. "Arming Station" means a device that controls an Alarm System.
N. "Automatic Voice Dialer" means any electronic, mechanical, or other device
which, when activated, is capable of being programmed to send a prerecorded voice message to
the Police Department or City requesting an officer be dispatched to an Alarm Site.
O. "Burglar Alarm" means an alarm intended to identify the presence of an intruder
in either a business or residence.
P. "Business License" means a Business License issued by the City of Azusa
Business License division to an Alarm Installation Company or Monitoring Company to conduct
business in the City.
Q. "Cancellation" means the termination of a Police response to an Alarm Site after
an Alarm Dispatch Request is made but before an officer's arrival at the Alarm Site.
R. "Conversion of Alarm User" means the transaction or process by which one
Alarm Installation Company or Monitoring Company begins the servicing or monitoring of a
previously unmonitored Alarm System or an Alarm System that was previously serviced or
monitored by another alarm company.
S. "City" means City of Azusa.
T. "Duress Alarm" means a silent Alarm System signal generated by the entry of a
designated code into an Arming Station in order to signal that the Alarm User is being forced to
turn off the system and requires an officer response.
U. "Enhanced Call Verification" means an attempt by the Monitoring Company, or
its representative, to contact the Alarm Site and/or Alarm User and/or the Alarm User's
designated representatives by telephone and/or other electronic means, whether or not actual
contact with a Person is made, to determine whether an alarm signal is valid before requesting a
Police Burglar Alarm Dispatch, in an attempt to avoid an unnecessary Alarm Dispatch Request.
For the purpose of this Article, telephone verification shall require, as a minimum that a second
call be made to a different number, if the first attempt fails to reach an Alarm User who can
properly identify themselves to determine whether an alarm signal is valid before requesting an
officer dispatch. Names and numbers or those contacted or attempted to contact, shall be
provided when requested.
V. "False Alarm" means an Alarm Dispatch Request to the Police Department,
which results in the responding officer finding no evidence of a criminal offense or attempted
criminal offense after completing an investigation of the Alarm Site.
W. "Holdup Alarm" means a silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
X. "Local Alarm System" means an unmonitored Alarm System that annunciates an
alarm only at the Alarm Site.
Y. "Monitoring" means the process by which a Monitoring Company receives
signals from an Alarm System and relays an Alarm Dispatch Request to the Police Department.
Z. "Monitoring Company" means a Person in the business of providing Monitoring
services.
AA. "One Plus Duress Alarm" means the manual activation of a silent alarm signal by
entering a code that adds one number to the last digit of the normal arm/disarm code (e.g.,
normal code = 1234, one plus duress code = 1235).
1313. "Panic Alarm" means an Alarm System signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation requiring an officer
response.
CC. "Person" means an individual, corporation, limited liability company, partnership,
association, organization or similar entity.
DD. "Police Department" means the Azusa Police Department.
EE. "Protective or Reactive Alarm System" means an Alarm System that produces a
temporary disability or sensory deprivation through use of chemical, electrical, sonic or other
means, including use of devices that obscure or disable a Person's vision.
FF. "Registration Number" means a unique individual number assigned to an Alarm
User as part of Alarm Registration issued by the Police Department.
GG. "Responsible Party" means a Person capable of appearing at the Alarm Site upon
request who has access to the Alarm Site, the code to the Alarm System and the authority to
approve repairs to the Alarm System.
HH. "Robbery Alarm" means an alarm signal generated by the manual or automatic
activation of a device, or any system, device or mechanism on or near the premises intended to
signal that a robbery is in progress and that a Person is in need of immediate Police assistance in
order to avoid bodily harm, injury or death. The term has the same general meaning as "Holdup
Alarm or Duress Alarm."
II. "SIA Control Panel Standard CP -01" means the ANSI — American National
Standard Institute -approved Security Industry Association — SIA CP -01 Control Panel Standard,
as may be updated from time to time, that details recommended design features for security
system control panels and their associated arming and disarming devices to reduce the incidence
of False Alarms. Control panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations are marked as follows: "Design
evaluated in accordance with SIA CP -01 Control Panel Standard Features for False Alarm
Reduction."
JJ. "Takeover" means the transaction or process by which an Alarm User takes over
control of an existing Alarm System that was previously controlled by another Alarm User.
KK. "Verified Response" means a police response that is based on information
received from a person physically present at a location (e.g., an Alarm Site) or from real-time
audio or video surveillance positively verifying that there is evidence of either a crime or an
attempted crime at the location.
LL. "Zones" mean a division of devices into which an Alarm System is divided to
indicate the general location from which an Alarm System signal is transmitted.
Sec. 18.246 Administration; Funding; Increases in Fees and Fines; Annual
Evaluation.
A. Responsibility for administration of this Article is vested with the Police
Department.
B. The Police Department shall designate an Alarm Administrator to carry out the
duties and functions described in this section.
C. Monies generated by fees and fines assessed pursuant to this section shall be
dedicated for use by the Police Department for the administration of the provisions of this Article
and officers' response to alarms.
D. The amount of the fees and fines set forth in this section shall be specified in the
City Fee Schedule, which may only be revised by a duly -adopted resolution of the City Council.
For purposes of this subsection, "fees" include any type or class of fee and includes late charges.
E. The Alarm Administrator shall conduct an annual evaluation and analysis of the
effectiveness of this Article and identify and implement system improvements as warranted.
Sec. 18.247 Alarm Registrations Required; Terms; Fees and Fee Collection
A. An Alarm User shall not operate, or cause to be operated, any Alarm System
without a valid Alarm Registration. A separate Alarm Registration is required for each Alarm
Site having a distinct address or business name. A registration fee including a completed Alarm
Registration application shall be received and approved by the Alarm Administrator prior to any
Alarm System activation. There shall be reduced residential registration fees for senior citizens,
low-income and disabled persons. The city council shall establish such classes of persons by
resolution.
B. Owners of Local Alarm Systems are required to adhere to all sections of this
Article and are subject to all fees, fines, suspensions, penalties or other requirements that are
applicable.
C. The fee for a new initial Alarm Registration and the Alarm Registration renewal
fee shall be collected by the Alarm Administrator.
D. Existing Alarm Systems:
1. Any Alarm System that has been installed before the effective date of this
Ordinance shall be registered and a registration fee collected by the Alarm Administrator.
a. The Alarm Agreement Holding Company shall provide within
forty (40) days of the effective date of this Ordinance, an Alarm User List of existing Alarm
Users in the City, in a format approved by the Alarm Administrator, including name, address,
billing address and telephone number to the Alarm Administrator.
b. The Alarm Agreement Holding Company may apply to the Alarm
Administrator for an extension of the time limit in subsection (a) based on extenuating
circumstances.
2. The Alarm Agreement Holding Company may, through a mutual written
agreement, have another Alarm Company provide the Alarm User's list.
E. New Alarm Systems:
1. Any Alarm Installation Company that installs an Alarm System on
premises located within the City of Azusa shall notify the Alarm Administrator within ten (10)
days that an Alarm System has been installed and send the Alarm Administrator the required
information.
2. In the case of self -installed alarm systems that are to be monitored by a
Monitoring Company, the Monitoring Company shall act as the Alarm Installation Company
regarding the duties to notify the Alarm Administrator.
3. Failure of an Alarm Installation Company to notify the Alarm
Administrator of a new Alarm System installation within ten (10) days of installation shall result
in a fine as established by resolution of the city council to be imposed on the Alarm Installation
Company.
4. The initial Alarm Registration fee shall be collected by the Alarm
Administrator. Failure of the Alarm User to submit an application and registration fee within the
thirty (30) days after notice shall result in the Alarm System being classified as non -registered
and late charges being assessed.
F. Alarm Registration and Renewal Fees
1. An Alarm Registration shall expire one year from the date of issuance, and
must be renewed annually by the Alarm User. The Alarm Administrator shall notify the Alarm
User of the need to renew their registration thirty (30) days prior to the expiration of the
registration. It is the responsibility of the Alarm User to submit the updated information and
renewal fees prior to the registration expiration date. Failure to renew shall be classified as use
of a non -registered Alarm System and subject the Alarm Site to a suspension and late charge.
2. Registration fees shall be collected annually based on a one year
registration period. The amount of the registration and renewal fees required are established by
resolution of the city council.
G. Late charge. Alarm Users who fail to make payment for an Alarm Registration
prior to the registration's expiration date will be assessed a late charge as established by
resolution of the city council.
H. Refunds. No refund of a registration fee or registration renewal fee will be made.
L Upon receipt of a completed Alarm Registration application form and the Alarm
Registration fee, the Alarm Administrator shall issue a Registration Number or Alarm
Registration renewal to the applicant unless:
1. The applicant has failed to pay any fee or fine assessed under this Article;
or
2. An Alarm Registration for the Alarm Site has been suspended, and the
condition causing the suspension has not been corrected; or
3. The Alarm Installation Company and/or the Monitoring Company listed
on the registration application are not in possession of a current valid State of California
Department of Consumer Affairs Alarm Company Operators License.
4. Any false statement of a material fact made by an applicant for the
purpose of obtaining an Alarm Registration shall be sufficient cause for refusal to issue an Alarm
Registration.
J. Exceptions.
1. Government entities, including but not necessarily limited to the City,
County, State, Federal and School Districts, must obtain Alarm Registrations for all Alarm
Systems on property under their control within the boundaries of Azusa, but are exempt from
payment of Alarm Registration and renewal fees.
2. All registration -fee -exempted alarm sites are required to obtain and
maintain a valid Alarm Registration for a Police response and are subjected to all other fees,
fines and suspension enforcements.
Sec. 18-248. Registration Application; Contents.
An application for an Alarm Registration must be in a format provided by the Police
Department. The information required on such forms shall be determined by the Alarm
Administrator. Registration applicants acknowledge that the Police response may be influenced
by factors including, but not limited to, the availability of officers, priority of calls, traffic
conditions, weather conditions, emergency conditions, prior alarm history, administrative actions
and staffing levels.
Sec. 18-249. Transfer of Registration Prohibited.
A. An Alarm Registration cannot be transferred to another Person or Alarm Site. An
Alarm User shall inform the Alarm Administrator and their Alarm Company of any change to
the information listed on the Alarm Registration application within ten (10) business days after
such change.
B. Exceptions may be made in the discretion of the Alarm Administrator when the
transfer proposed is among members of the family of the original registration holder or
successors in interest to the property for which the Alarm Registration has been issued.
See. 18-250. Duties of Alarm Users.
A. An Alarm User shall:
1. Maintain the Alarm Site and the Alarm System in a manner that will
minimize or eliminate False Alarms;
2. Make every reasonable effort to arrive at the Alarm System's location
within 30 minutes after being requested by the Monitoring Company or Police Department in
order to:
a. Deactivate an Alarm System;
b. Provide access to the Alarm Site; and/or
C. Provide alternative security for the Alarm Site.
3. Provide his, her, or its Monitoring Company with the updated names and
telephone numbers of at least two individuals who are able and have agreed to:
a. Receive notification of an Alarm System activation at any time;
b. Respond to the Alarm Site at any time; and
C. Provide access to the Alarm Site and deactivate the Alarm System,
if necessary.
4. Not activate an Alarm System for any reason other than an occurrence of
an event that the Alarm System was intended to report.
5. Notify his, her, or its Monitoring Company of any suspension of police
response (as provided for under this Article) and request that the Monitoring Company not make
a Burglar Alarm Dispatch Request.
B. No Person shall operate or cause to be operated any Automatic Voice Dialer
which, when activated, uses a telephone device or attachment to automatically dial a telephone
line leading into the Police Department or the City and then transmit any pre-recorded message
or signal. A fine in an amount established by resolution of the city council shall be imposed for
each violation of this prohibition.
C. An Alarm User shall keep a set of written operating instructions for each Alarm
System at each Alarm Site.
Sec. 18-251. Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm.
A. No Alarm System shall emit a sound resembling an emergency vehicle siren or
civil defense warning. The chief of police shall make the final determination regarding any
question of an audible alarm within this section.
B. After the effective date of this ordinance no one shall install, modify or repair an
Alarm System in the City of Azusa that has a siren, bell or other signal that is audible from any
property adjacent to the Alarm Site that sounds for longer than ten (10) consecutive minutes after
the alarm is activated, or that repeats the ten (10) minute audible cycle more than three
consecutive times during a single armed period. A fine in an amount established by resolution of
the city council shall be imposed for each violation of this prohibition.
C. In the event that an audible alarm is activated and fails to reset itself or continues
to activate for more than (60) sixty minutes and the responsible person listed on the Alarm
Registration or other responsible person cannot or will not respond and silence the alarm, and the
continued activation of the alarm is creating a disturbance, the Police Department may cause the
alarm to be silenced in a manner determined appropriate for the circumstances. The Alarm User
shall be held responsible for the actual costs involved to abate the malfunctioning alarm up to a
maximum of three hundred dollars ($300). The City, its employees or agents shall not be
responsible or liable for damage resulting from such disconnection.
Sec. 18-252. Registration and Duties of Alarm Installation Companies and
Monitoring Companies.
A. Registration.
1. No alarm company operator or alarm agent, as defined by the Business
and Professions Code, shall install, maintain, or repair any Alarm System within the City unless
the Alarm Company operator or alarm agent has, prior to performing such work, obtained a
Business License and registered his or her name and address and filed a copy of his or her state
identification card with the City's finance department.
2. Each Alarm Installation Company and Alarm Monitoring Company must
designate one individual as the Alarm Response Manager (ARM) for the company. The
individual designated as the ARM must be knowledgeable of the provisions of this Article, as
well as have the knowledge and authority to deal with False Alarm issues and respond to
requests from the Alarm Administrator. The name, contact number, and email address of the
ARM shall be provided to the Alarm Administrator. Failure to comply within thirty (30) days
after being notified in writing from the Alarm Administrator may result in the suspension of
Police Department response to Alarm Dispatch Requests from the non -complying Alarm
Installation Company or Monitoring Company.
3. Each Alarm Installation Company shall provide the name, address and
phone number of any Monitoring Company it is using to monitor its Alarm Sites within the City,
and Monitoring Companies shall do the same for Alarm Installation Companies that use their
monitoring services within the City.
4. Disconnected Alarm Users. An Alarm Installation Company or Alarm
Monitoring Company that holds the Alarm Agreement shall notify the Alarm Administrator by
the 15th day of each month of all their alarm customers within the City of Azusa that have
discontinued their alarm service with the company in the previous month. Failure to comply shall
result in a fine per violation in an amount established by resolution by the city council. The fine
may be waived by the Alarm Administrator when the Alarm Installation Company or Monitoring
Company provides documentation that it has a valid contract with the respective Alarm User.
B. Alarm Installation Companies shall:
1. Upon the installation or activation of an Alarm System, the Alarm
Installation Company shall distribute to the Alarm User information summarizing:
a. The applicable law relating to False Alarms, including the
Registration Fee and the potential for fines and suspension of an
Alarm Registration;
b. How to prevent False Alarms; and
C. How to operate the Alarm System.
2. After the effective date of this Ordinance, Alarm Installation Companies
shall not program Alarm Systems so that they are capable of sending One Plus Duress Alarms.
Monitoring Companies may continue to report One Plus Duress Alarms received from Alarm
Systems programmed with One Plus Duress Alarms installed prior to the effective date of this
Ordinance.
3. After the effective date of this Ordinance, Alarm Installation Companies
shall not install, modify or repair "single action" devices for the activation of Hold-up, Robbery
or Panic Alarms. New devices shall require two actions or an activation time delay to provide
more positive assurance that the user intends to activate the device.
4. Ninety days after the effective date of this Ordinance, an Alarm
Installation Company shall, on new installations, use only alarm control panel(s) which meet
ANSYSIA CP -01- Control Panel Standard - Features for False Alarm Reduction.
5. An Alarm Installation Company shall not use an Automatic Voice Dialer
for any Alarm System which, when activated, uses a telephone device or attachment to
automatically dial a telephone line leading into the Police Department or the City and then
transmit any pre-recorded message or signal.
6. Ensure that Alarm Users of Alarm Systems equipped with a Duress,
Robbery, Holdup or Panic Alarm has been provided adequate training as to the proper use of the
Alarm System's operation and function.
7. All Alarm Systems shall be supplied with an uninterrupted power supply
in such a manner that the failure or interruption of the normal electric utility service will not
activate the Alarm System.
8. All audible Alarm Systems shall include a device which will limit the
duration of the audible alarm to a period of not more than ten (10) minutes per activation.
C. A Monitoring Company shall:
1. Report alarm signals by using telephone numbers designated by the Alarm
Administrator or other approved communication processes.
2. Employ Enhanced Call Verification procedures on all Burglar Alarm
Dispatch Requests. The Azusa Police Department may refuse to accept an Alarm Dispatch
Request from a Monitoring Company that has failed to comply with the procedures required by
Enhanced Call Verification. This subsection becomes effective Ninety (90) days after the
effective date of this Ordinance.
3. Communicate Alarm Dispatch Requests to the Police Department in a
manner and form determined by the Alarm Administrator.
4. Communicate Cancellations to the Police Department in a manner and
form determined by the Alarm Administrator.
5. Communicate any available Zone Information (north, south, front, back,
door, window etc.) about the location of an alarm signal(s) as part of an Alarm Dispatch Request.
6. Communicate the type of alarm activation (silent or audible, interior or
perimeter), if available, on any Alarm Dispatch Request.
7. Notify Communications (Dispatch) of any Alarm Site that it knows, or
reasonably should know has guard dog(s), pets or is fitted with a Protective -Reactive Alarm
System. During any alarm at such a site, a Responsible Party must be contacted and confirm that
he or she will respond to the Alarm Site to disarm the device or take control of the guard dog(s).
8. After an Alarm Dispatch Request, promptly advise the Police Department
if the Monitoring Company knows that the Alarm User or a Responsible Party is on the way to
the Alarm Site;
9. Each Monitoring Company must maintain, for a period of at least one year
after the date of an Alarm Dispatch Request, all records relating to the Alarm Dispatch Request.
Records must include the name, address and telephone number of the Alarm User, each Alarm
System zone activated, the time of Alarm Dispatch Request and evidence of all attempts to
verify. The Alarm Administrator may request copies of such records for any individual Alarm
User. If the request is made within 60 days after an Alarm Dispatch Request, the Monitoring
Company shall furnish requested records within three (3) business days after receiving the
request. If the records are requested between sixty (60) days and (one) 1 year after an Alarm
Dispatch Request, the Monitoring Company shall furnish the requested records within thirty (30)
days after receiving the request.
10. Each Monitoring Company shall, upon request, immediately provide the
Police Department with the names and phone numbers of the Alarm User's emergency contacts
at the time of each Alarm Dispatch Request.
D. Conversion of Alarm Users. An Alarm Installation Company or Monitoring
Company that converts the servicing of any Alarm System account from another company shall
notify the Alarm Administrator of such conversion and shall make a reasonable effort to provide
to the Alarm Administrator, within 60 days from the date of conversion, an Alarm User List of
the converted accounts, in a format acceptable to the Alarm Administrator, that includes the
following:
1. Registration Number
2. Customer name
3. Customer billing address
4. Customer telephone number
5. Alarm Site address
6. Alarm Installation Company License number
7. Monitoring Company License number
E. The customer lists described in subsection (D) above are proprietary and
confidential information and will not be released to anyone absent a court order.
See. 18-253. Duties and authority of the Alarm Administrator.
A. The Alarm Administrator shall:
1. Designate the manner and form of Alarm Dispatch Requests and the
telephone numbers and/or communication process that are to be used for such requests; and
2. Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
B. The Alarm Administrator shall establish a procedure to acquire and record
information on Alarm Dispatch Requests.
C. The Alarm Administrator shall establish and implement a procedure to notify the
Alarm User of a False Alarm. The notice shall include the following:
1. The date and time of an officer's response to the False Alarm; and
2. Any False Alarm fine incurred.
D. The Alarm Administrator may require that a conference be held with an Alarm
User and the Alarm Installation Company or Monitoring Company responsible for repairing or
monitoring of the Alarm System to review the circumstances of each False Alarm. The
conference may be held in Person or through a conference telephone call, at the Alarm
Administrator's discretion. Failure to participate may result in suspension of the Alarm
Registration, as indicated by the facts of the case.
E. The Alarm Administrator may establish an Alarm User Awareness Class. The
Alarm Administrator may request the assistance of associations, alarm companies and law
enforcement agencies in developing and implementing the class. The class shall inform Alarm
Users of the Alarm Ordinance; problems created by False Alarms and teach Alarm Users how to
avoid creating False Alarms.
F. If a false Robbery, Holdup or Panic Alarm has occurred and the alarm was
triggered using a single action, non -recessed device, the Alarm Administrator may consider a
waiver or partial waiver of the False Alarm fine, if action is taken by the Alarm User to remove
or replace the single action, non -recessed device.
G. The Alarm Administrator shall make a copy of this Ordinance and/or an
ordinance summary sheet available to each Alarm User.
H. The Alarm Administrator may use electronic means to communicate with Alarm
Users, Alarm Installation Companies and Monitoring Companies when applicable or when
requested by the recipient and at the Alarm Administrators discretion.
See. 18-254. False Alarm Fines; Fees; Late Charges.
A. The Alarm Administrator may assess the Alarm User a fine for a False Alarm
occurring at that Alarm User's Alarm Site. The amount of said fines for the listed categories
shall be established by city council and may be subsequently amended by resolution of the city
council.
1. Burglar False Alarm Fines:
2. Robbery False Alarm Fines:
3. Residential Panic False Alarm Fines:
B. If a False Alarm fine is not paid within thirty (30) days after the invoice is mailed,
a late charge as established by resolution of the city council shall be imposed.
C. Fines for False Alarms from Non -registered Alarm Systems. For person(s)
operating a Non -registered Alarm System incurring a False Alarm, fines shall be imposed as
established by resolution of the city council.
D. Any Monitoring Company after five (5) business days of receiving notice from
the Alarm Administrator that an Alarm User's registration status is that of Non -registered shall
not make a Burglar Alarm Dispatch Request from that Alarm User.
E. If Cancellation of a Police response occurs prior to the officer's arrival at the
Alarm Site, the response is not considered a False Alarm and no False Alarm fine will be
assessed.
F. The Alarm Installation Company shall be assessed a fine in an amount established
by resolution of the city council if the officer responding to a False Alarm determines that an on-
site employee of the Alarm Installation Company directly caused the False Alarm. Such False
Alarms are not included in the total number of False Alarms for the Alarm User, nor is the Alarm
User to be held liable for any False Alarm fine resulting from such alarm activation.
G. A fine in an amount established by resolution of the city council shall be imposed
against any Monitoring Company that fails to verify Alarm System signals as required in
subsection 18-252(C)(2) of this Article.
H. A fine in an amount established by resolution of the city council shall be imposed
against an Alarm Installation Company if the Alarm Administrator determines that an employee
of the Alarm Installation Company knowingly made a false statement concerning the inspection
of an Alarm Site or the performance of an Alarm System.
I. Notice of the right of appeal under this ordinance will be included with notice of
any fine.
J. All registration fees, renewal registration fees or fines assessed under this section
are due within thirty (30) days of written notice unless otherwise noted. A late charge in an
amount established by resolution of the city council shall be imposed for each individual fee or
fine due that is not paid within thirty (30) days.
K. The Alarm Administrator may waive the False Alarm fine for the first chargeable
False Alarm during the Alarm User's one year registration period, pending the successful
completion of the Online Alarm User Awareness Class available through the Alarm
Administrator. In order to have the fine waived, the Alarm User shall have successfully
completed the class within thirty (30) days of the fine notice. Alarm Users without online access
may request the online school and test be mailed to them. Reasonable additional time to
complete the Alarm User Awareness Class shall be allowed for mail delivery.
Sec. 18-255. Notice to Alarm Users of False Alarms and Suspension of a Police
Response.
A. The Alarm Administrator shall notify the Alarm User in writing after each False
Alarm. The notice shall include the amount of the fine for the False Alarm, the fact that Police
response to further alarms will be suspended after the fourth False Alarm during the Alarm
User's one-year Alarm Registration period, (excluding Duress, Robbery, Holdup and Panic
Alarms), and that the Alarm User has the right to appeal.
B. The Alarm Administrator shall notify the Alarm User in writing thirty (30) days
beforehand that a Police Department response to further alarms is to be suspended. The right of
appeal under this Ordinance shall be included with the notice. The notice of suspension shall also
include the amount of any fees and/or fines due and a description of the reinstatement process.
Sec. 18-256. Alarm Registration Suspension, Fees, Fines, Violation to Make Alarm
Dispatch Request for Suspended Alarm Site and Verified Response.
A. The Alarm Administrator shall notify the Police Department of each Alarm User
whose Alarm Registration qualifies for suspension under this section. The Alarm Administrator
may suspend an Alarm Registration if it is determined that:
I . There is a false statement of a material fact in the registration application;
or
2. The Alarm User has had four or more false Burglar Alarms within the
one-year registration period, except that the Alarm Administrator may waive a suspension of a
registration upon receipt of documented work orders showing reasonable attempts to repair the
Alarm System prior to the notice of suspension.
3. The Alarm User fails or refuses to pay an Alarm Registration or Alarm
Registration Renewal fee, False Alarm fine, late charge, or any other fee, fine, or charge assessed
under this section.
B. It is a violation of this section for a Person to operate a Burglar Alarm System
during the period in which the Alarm Registration is suspended. It is a violation of this Article
for a Monitoring Company to make an Alarm Dispatch Request to a Burglar Alarm Site after the
Monitoring Company's Alarm Response Manager (ARM) has been notified by electronic mail
by the Alarm Administrator that the registration for that Alarm Site has been suspended. A
grace period of five (5) business days after the ARM's notification shall be granted the
Monitoring Company to comply.
C. False Alarm Fines under Suspension status. In addition to the fines set forth in
subsection 18-254(A) of this Article, a supplemental fine is hereby imposed upon any Person
operating a suspended Burglar Alarm System. The amount of said fines shall be established by
resolution of the city council.
D. It shall be the responsibility of the Alarm User to notify their respective Alarm
Monitoring Company of their suspension status. An Alarm User shall be held financially
accountable for all false alarm fines incurred.
E. Unless there is a separate indication that there is a crime in progress, the Police
Department may or may not dispatch an officer to an Alarm Site for which an Alarm
Registration is suspended.
F. Upon an additional suspension for excessive false alarms within twelve (12)
months after an Alarm User has reinstated their Alarm System, the status of the registration shall
be that of Verified Response. Verified Response status for Burglar Alarm requests shall be
enforced for twelve (12) months from the official date of notice of suspension. Such affected
Alarm User may apply for reinstatement after the expiration of the twelve (12) months.
See. 18-257. Appeals of Determinations Regarding Alarm Registrations, Fees and
Fines.
A. If the Alarm Administrator assesses a fee or fine, suspends an Alarm Registration
or denies the issuance, renewal or reinstatement of an Alarm Registration, the Alarm
Administrator shall send written notice of the action and a statement of the right to appeal to the
affected applicant, Alarm User, Alarm Installation Company or Alarm Monitoring Company.
B. The applicant, Alarm User, Alarm Installation Company or Alarm Monitoring
Company may appeal any action described in subsection (A) above to the Police Chief (or his or
her designee) by setting forth in writing the reasons for the appeal and delivering the appeal to
the Police Chief (or designee) within twenty (20) business days after receipt of notice of the
action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C. The procedure for an appeal to the Police Chief (or designee) is as follows:
1. The applicant, Alarm User, Alarm Installation Company or Monitoring
Company may file a written request for appeal by paying an appeal fee and setting forth the
reasons for the appeal. The appeal must be entitled "Appeal from Alarm Administrator's Action."
The appeal fee shall be in an amount established by resolution of the city council and will be
returned to the appealing party if the appeal is successful.
2. The Police Chief (or designee) shall conduct a hearing on the appeal
within thirty (30) days after the Police Department's receipt of the request for appeal and appeal
fee and shall consider the evidence submitted by the appealing party and the Alarm
Administrator. The Police Chief (or designee) must base the decision on the preponderance of
evidence presented at the hearing and must render a decision within fifteen (15) days after the
date of the hearing. The decision shall affirm or reverse the decision or action taken by the Alarm
Administrator.
3. Filing of an appeal stays any action by the Alarm Administrator to
suspend an Alarm Registration or require the payment of a fee or fine until the appeal process
has been exhausted. This provision applies only to the action of the Alarm Administrator that is
the subject of the appeal. This provision does not operate as a bar to enforcement action on
violations of this section that occur thereafter.
D. The Alarm Administrator or the Police Chief, or their respective designees, may
adjust the count of False Alarms or assessed fees based on:
1. Evidence that a False Alarm was caused by action of a communications
services provider (i.e. telephone, cellular, cable company);
2. Evidence that a False Alarm was caused by a power outage of more than
four (4) hours or severe weather such as a tornado or earthquake;
3. Evidence that an Alarm Dispatch Request was not a False Alarm; or
4. The occurrence of multiple alarms within a 24 hour period, which may be
considered as one False Alarm if the Alarm User has taken corrective action, unless the False
Alarms are directly caused by the Alarm User.
E. The Alarm Administrator may waive all or part of a False Alarm fine due to
extenuating circumstances or to encourage corrective action with supervisor approval.
Sec. 18-258 Reinstatement of Suspended Alarm Registrations.
A. On the suspension of an Alarm Registration, a Person whose Alarm Registration
has been suspended may obtain reinstatement of the registration by the Alarm Administrator if
the Person:
Pays a reinstatement fee as established by resolution of the city council;
Pays, or otherwise resolves, all outstanding fees, fines, and other charges;
3. Submits a written notice from an Alarm Installation Company stating that
the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation
Company;
4. The Alarm User successfully completes an Alarm User Awareness Class
and test.
B. The Police Department shall reinstate its response to an Alarm Site as soon as is
practicable after receiving notice of reinstatement from the Alarm Administrator. The Alarm
User and Monitoring Company shall take notice that the Alarm Site has been officially reinstated
only after receiving notice from the Alarm Administrator of that fact. It shall be the
responsibility of the Alarm User to verify that his, her, or its registration status and future police
response has been properly restored.
See. 18-259. Suspension of Police Response to Dispatch Requests from Certain
Alarm Installation Companies and Monitoring Companies.
A. The Police Chief or Command Staff designee may suspend Police response to an
Alarm Dispatch Request from an Alarm Installation Company or Monitoring Company if it is
determined that:
1. There is a violation of this Article by the Alarm Installation Company or
Monitoring Company and the condition causing the violation has not been corrected and/or;
2. The Alarm Installation Company or Monitoring Company has failed to
pay any fee, fine, or other charge assessed under this section, more than sixty (60) days after the
fee, fine, or other charge is due.
B. The Police Department may not respond to any Alarm Dispatch Request where
the Alarm Installation Company or Monitoring Company who installed or monitors that alarm
has failed to comply with California licensing requirements or failed to maintain a valid copy of
the State of California Department of Consumer Affairs Alarm Company Operators License.
C. A suspension of Police response made pursuant to this subsection is subject to the
appeal process provided for within this Article. In addition, the Alarm Administrator has the
ability to accept a workable solution from the affected party prior to an appeal. The affected
party has sixty (60) days after the written notice of suspension before Police response is
suspended to its alarm customers.
D. The Alarm Administrator shall notify all known Alarm Users subscribing to an
Alarm Installation Company or an Alarm Monitoring Company that the Police Department has
suspended response to the company's Alarm Dispatch Requests.
E. The City shall assess the Alarm Installation Company or Monitoring Company a
reinstatement fee in an amount established by resolution of the city council. In addition, if the
Alarm Administrator has incurred costs in notifying Alarm Users by mail of the suspension of
their Alarm Installation Company or Monitoring Company, reimbursement to the City of those
costs shall be a condition of reinstatement.
Sec. 18-260. Police Department Response
A. Subject to the suspension provisions in Section 18-256 above and the discretion
discussed in this Section, the Police Department at its discretion will respond to all "in progress"
Robbery, Panic or Burglar Alarms as promptly as possible, taking into account pending calls for
service and any policy establishing priority of dispatched calls following notification of the
receipt of the alarm from the Monitoring Company. Police supervisors may, in their discretion,
cancel a Police response to any or all alarms based on weather or other factors affecting Police
service needs.
B. The Police Chief or his or her designee may re -prioritize assignment of Burglar
Alarms and response time at any time during a 24 hour period as may be necessary due to the
service needs of the community.
Sec. 18-261. Confidentiality of Alarm Information.
All information contained in documents gathered through Alarm Registrations, the
submission of customer lists, the alarm appeal process and records relating to Alarm Dispatch
Requests must be held in confidence by all employees of the Alarm Administrator, City of Azusa
and any third -party alarm administrator. Such information is proprietary and is hereby declared
confidential and not a public record. Absent special circumstances, such information must not be
released to the public or any Person other than a law enforcement agency, third party
administrator or the applicable Alarm User, Alarm Installation Company or Alarm Monitoring
Company except pursuant to court order. Per California Government Code 6254(f)
Sec. 18-262 Scope of Police duty; Immunities Preserved.
The issuance of Alarm Registrations does not create a contract between the Police
Department and/or the City of Azusa and any Alarm User, Alarm Installation Company or
Monitoring Company, nor does it create a duty or obligation, either expressed or implied, on the
Police Department to respond to any alarm. Any and all liability and consequential damage
resulting from the failure of the Police Department to respond to an Alarm Dispatch Request is
hereby disclaimed and full governmental immunity as provided by law is retained. By applying
for an Alarm Registration, the Alarm User acknowledges that the Police Department response is
influenced by the availability of officers, priority of calls, traffic conditions, weather conditions,
emergency conditions, staffing levels, prior response history and administrative actions."
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly, or indirectly.
SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30)
days after its adoption.
SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any reason
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable. The City
Council of the City of Azusa hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. PUBLICATION. The City Clerk shall certify the adoption of this
Ordinance and shall cause the same to be posted as required by law.
PASSED, APPROVED, and ADOPTED this 2"d day of December, 2013.
oseph Romero Rocha, Mayor
ATTEST:
< J;4 -6,a
nce Comejo, Jr.,—Ci' ler
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I HEREBY CERTIFY that the foregoing Ordinance No. 13-04, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 18d' of
November, 2013 and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the Azusa City Council on the 2nd day of December, 2013 by the following vote to
wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
'"' _ -WORM
Approved as to Form:
Q^ A
Marco A. Martinez
Best B st & Krieger P
City A torney