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HomeMy WebLinkAboutOrdinance No. 2172 ORDINANCE NO. 2172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 5 .52 , CONSISTING OF SECTIONS 5 .52 .010 THROUGH 5 .52 . 120 , TO THE AZUSA MUNICIPAL CODE RELATING TO ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS : SECTION 1 . Chapter 5 .52 , consisting of Sections 5 .52 .010 through 5 .52 . 120 , is hereby added to the Azusa Municipal Code to read as follows : CHAPTER 5 .52 . ALARM SYSTEMS 5 .52 .010 Definitions 5 .52 .020 Registration 5 .52 .030 Standards for Equipment and Operation 5 .52 .040 Approval of Alarm Systems 5 .52 .050 False Alarms 5 .52 .060 Testing 5 .52 .070 Repairs 5 .52 .080 Prohibited Audible Sound Alarms 5 .52 .090 Prohibition of Certain Direct Dialing Devices 5 .52 . 100 Duties and Obligations Not Created 5 .52 . 110 Discontinuance of Response to Alarms 5 .52 . 120 Violations 5 .52 .010 DEFINITIONS . All words and phrases used in this chapter which are defined in the California Private Investigator and Adjuster Act (Business and Professions Code Sections 7500 , et seq. ) shall have the same meaning as in said act, and certain additional words and phrases used in this chapter are defined as follows : A. ' Alarm System' means any mechanical or electrical device or combination thereof which is designed for the detection of an unauthorized entry on or into any building , place , or premises , or for alerting others of the commission of an unlawful act, or both, and which when actuated emits a sound or transmits a signal or message . Alarm systems include, but are not limited to, direct-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 auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or destroyed by the use of an alarm system. B. ' Audible Alarm' means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is activated. C. ' Communications Section' means the Police Department facility used to receive emergency and general information from the public to be dispatched to the respec- tive police units or other emergency equipment. D. ' Day' means calendar day. E. ' Direct-Dial Telephone Device (automatic dialing device) ' means any device which is interconnected to a voice-grade telephone line and is programmed to select a predetermined telephone number and transmits by prerecorded voice message or code signal an emergency message indicating a need for emergency response. F. ' False Alarm' means an alarm signal , either silent or audible, necessitating response by the Police Department where an emergency situation for which the alarm system was designed or used does not exist except for activation of an alarm system due to abnormal natural conditions , such as fires, floods , earthquakes , high winds , or similar disasters. G. ' Police Alarm Board 'means the alarm-receiving center located in the Police Department communications section which receives, by direct connection, alarm and trouble signals from subscribers ' alarm systems . H. ' Police Chief ' and ' Police Department ' mean the Police Chief and the Police Department , respectively, of the city of Azusa. I . ' Proprietor Alarm' means an alarm which is not serviced by an alarm company operator and which the police do not normally respond to unless called by telephone after an alarm has indicated evidence requiring law enforcement response . J. ' 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 . 5 .52 .020 . REGISTRATION A. No alarm company operator or alarm agent (as defined in Business and Professions Code Sections) , nor their employees , shall install , maintain, or repair any alarm system within the city unless the alarm company operator and /or alarm agent have , prior to obtaining a business license , registered their names and addresses and filed a copy of their state identification card with the City Clerk. B. The following information shall be included on the business license application of a subscriber to an alarm system, or , where the subscriber is not required to have a business license, on a separate form filed with the City Clerk : -2- 1 ) Name , address , and phone number of the alarm company and/or alarm agent installing, maintaining , or repairing their alarm system. 2 ) A description as to the type of alarm (such as, but not limited to silent , audible , direct dialer , or central office) . 3 ) Name , address, and telephone number of person to be called pursuant to an alarm activation. D. Each subscriber shall give written notice whenever any change occurs in any information required under this section within twenty-four (24) hours after the change is effective. 5 .52 .030 . STANDARDS FOR EQUIPMENT AND OPERATION A. All new alarm systems shall meet or exceed the minimum standards for alarm systems as the City Council shall establish by separate resolution. All existing alarm systems shall meet these standards within one year of the effective date of the resolution approving the standards , unless the City Council modifies the requirement upon a showing of good cause . B. All alarm systems terminating at the police alarm board shall include a device which will provide a minimum of thirty (30) seconds delay of the original trans- mission, and activate a signal immediately in such a manner as to be perceptible to a person legitimately entering, leaving , or occupying the premises . Alarm systems not currently equipped with such a delay device must comply with this regulation within ninety (90) days after the effective date of this ordinance . C. 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. D. All audible alarm systems shall include a device which will limit the duration of the audible sound to a period of fifteen (15 ) minutes at a residential location and thirty (30) minutes at a commercial location. Those alarm systems installed prior to the passing of this ordinance and not equipped with an automatic deactivator must comply with this requirement within ninety (90) days after the effective date of this ordinance . 5 .52 .040 . APPROVAL OF ALARM SYSTEMS No person shall install any alarm system without the prior approval or conditional approval of the Chief of Police. The Chief of Police may establish forms and proce- dures as are necessary to fulfill this obligation. 5 .52 .050 . FALSE ALARMS . A. Any person who maintains or has an alarm connected to the Police Department alarm board and any person who maintains any alarm system regulated by this chapter shall be subject to pay an assessment fee for false alarms as follows : -3- 1 ) For the period commencing at the date of installation and for six months thereafter will have no charge for the first three false alarms . For the fourth false alarm and for each subsequent false alarm during the aforesaid six-month period , there shall be a prevention assessment of twenty- five dollars ($25 ) for each false alarm. 2 ) Subsequent to the six-month period for new installations and in all cases of alarm systems existing prior to the effective date of this ordinance , an assessment of twenty-five dollars ($25 ) shall be paid for each false alarm exceeding the maximum allowable number of false alarms as follows : a. More than one false alarm within any 30-day period ; or b. More than two false alarms within any 90-day period ; or c . More than three false alarms within any 180-day period ; or d. More than four false alarms within any 365-day period. 5 .52 .060. TESTING. A subscriber shall notify the Police Department prior to any service, test , repair , maintenance , alteration, or installation of an alarm system which might produce a false alarm. An alarm activated subsequent to notification shall not be counted as a false alarm for the purposes of Section 5 .52 .050 . 5 .52 .070 . REPAIRS . When any false alarm caused by a malfunction occurs , the subscriber shall cause the alarm system to be repaired, to eliminate the malfunction, before the alarm is again put into service. The repair must be certified in writing by a registered alarm agent . 5 .52 .080 . PROHIBITED AUDIBLE SOUND ALARMS . 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 the compliance of an audible alarm with this section. 5 .52 .090. PROHIBITION OF CERTAIN DIRECT DIALING DEVICES . No persons shall install , use , or maintain any alarm system which directly dials any telephone number in any office of the City of Azusa. All systems which directly -4- dial telephone numbers in any office of the City of Azusa, and which are in existence prior to the effective date of this ordinance shall , within ninety (90) days of the effec- tive date of this ordinance, be eliminated or the system shall be reprogrammed to dial another number . 5 .52 . 100 . DUTIES AND OBLIGATIONS NOT CREATED. Nothing in this chapter shall be construed to impose upon the city or any officer or employee of the city, any duty or any obligation of any kind to a subscriber or any other person . 5 .52 . 110. DISCONTINUANCE OF RESPONSE TO ALARMS . A. The Chief of Police may discontinue response by police officers to an alarm at a location when any of the following conditions exist. 1 ) When there are more than six (6 ) assess- ments against a specific location for false alarms. 2 ) When an assessment for a false alarm has been levied against an alarm location and the party responsible for payment of the assessment fails to pay said assessment within fifteen (15 ) days following notification of the levy of said assessment. B. At least fifteen (15 ) days prior to discon- tinuance of response by police officers , the Chief of Police shall notify the subscriber by mail of the action. The subscriber may, within ten (10 ) days after mailing of such notice, request a meeting with the Chief of Police to present material to rebut the basis of the discontinuance. The subscriber may appeal the decision of the Chief of Police to the City Council within five (5 ) days of the effective date of said decision by the Chief of Police. C. Reinstatement will occur when the subscriber and/or the alarm operator and/or alarm agent have remedied the problem causing the false alarms or when a past due prevention assessment has been paid . D. Nothing in this chapter is intended to prevent a police officer from responding to a person who calls and advises of a crime in progress or who needs police assistance. 5 .52 . 120. VIOLATIONS A. Any person violating the provisions of this chapter shall be guilty of an infraction. B. Any alarm installed or maintained in violation of this chapter is declared to be a public nuisance and abated as provided by law. SECTION 2 . Within ten (10) days of the effective date of this ordinance, all persons who have an alarm system (as defined in Section 5 .52 .010 A) installed on their premises shall submit to the City Clerk the information required by Section 5 .52 .020 B. -5- SECTION 3 . The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 2nd day of May 1983 . .?"4144414.6 AYO ATTEST: C Y CL R STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS . CITY OF AZUSA ) I , ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing ordinance No. 2172 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18tn day of April , 1983 . That thereafter , said ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of May , 1983 , by the following vote to wit : AYES : COUNCILMEMBERS : DECKER, HART, CRUZ, LATTA MOSES NOES : COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE peit40 ITY LER Publish Azusa Herald May 11, 1983.