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 City of Hermosa Beach Municipal Code -- Health and Safety
CITY OFHERMOSA BEACHMUNICIPAL CODE ON-LINE
HEALTH AND SAFETY
Chapter 8.08
ALARM SYSTEMS
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8.08. 010 Systems requiring public safety response. The purpose of this chapter is to establish standards and controls of the various types of intrusion, holdup and other emergency signals from alarm systems that require public safety response or investigation, and for the businesses and persons installing and servicing said systems, in order to protect the public health, safety and welfare, and prevent false alarms. (Prior code § 17-55)
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8.08. 020 Definitions. For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is otherwise apparent from the context that a different meaning is intended. "Alarm company operator" means that term as defined in Section 7590.2 of the Business and Professions Code for the state of California. "Alarm system" means any mechanical, electrical or electronic device that is designed or used for the detection of an unauthorized entry into a building, structure or facility, to signal the commission of an unlawful act, to signal that heat, smoke or fire has been detected, or to signal that fire extinguishment equipment has been activated. It specifically does not include automobile alarms or auxiliary devices installed by a telephone company or utility which is or may be utilized to report equipment damage or disruption of service. "Audible alarm" means a device designed to notify persons in the vicinity of the protected premises by emission of an audible sound to signal a need for emergency response. "Chief of police" means the director of public safety of the city. "Direct dial device" means any system connected to a telephone line which upon activation, automatically dials a predetermined telephone number and transmits a message or signal indicating the need for an emergency response. "False alarm" means an alarm signal activated by subscriber negligence or for any reason not of an emergency nature or when activated due to a malfunction of any segment of the alarm system and which necessitates a response by the fire or police department when, in fact, no emergency exists. "Permittee" means any person holding an alarm system permit issued in compliance with the regulations set forth in this chapter. "Silent alarm" means a device for the detection of unauthorized entry or illegal act upon the premises which does not generate an audible signal or sound on the premises when it is activated, but rather transmits a signal directly to the public safety communications center or to an alarm company central office. (Prior code § 17-55.1)
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8.08. 030 Alarm system requirements. In addition to the permit or permits required by Section 8.08.050, the following requirements and prohibitions apply to permitted alarm systems: A. Every person maintaining an alarm system shall provide the chief of police with a current listing of the names, addresses and telephone numbers of the persons to be notified to render service and repairs to the alarm system and additionally to secure the premises during any hour of the day or night that the alarm system is activated. The permittee, or designee, must be able to be present at the alarm location within forty-five (45) minutes of a request by the Hermosa Beach police department or communications center. The listing required by this section must be kept current by the person maintaining that alarm system. B. No person shall install or maintain any audible alarm system which emits an audible sound for longer than ten minutes after activation. Any audible alarm that continues to emit a sound for longer than ten minutes or generates more than three false alarms in any twenty-four (24) hour period may be declared a nuisance by the chief of police, or designee. An alarm that has been declared a nuisance under this section may be disconnected by the chief of police or designee. A designee may include, but is not limited to, police department personnel, fire department personnel or other city personnel. Pursuant to this section, the permittee shall be charged for all costs incurred by or reasonably borne by the city in disconnecting the nuisance. C. All alarm systems shall be equipped with an uninterruptible power supply in such a manner that the failure or interruption of normal electrical utility power shall not activate the alarm system. This power supply must be rechargeable and capable of at least four hours of operation. (Prior code § 17-55.2)
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8.08. 040 Registration of alarm company operators. No person, individual, firm, company, association, organization, partnership, corporation or other entity shall engage in, conduct, or operate as an alarm company operator, or agent to an alarm company operator, as that term is defined in Section 7590.2 of the Business and Professions Code of the state of California, without registering its name and filing a copy of its state of California identification card and a copy of its city business license with the chief of police. (Prior code § 17-55.3)
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8.08. 050 Permits required. A. It is unlawful for any person, individual, firm, company, association, organization, partnership, corporation or other entity to use, install or cause to be installed an alarm system on any premises within the city without having obtained an alarm system permit issued pursuant to this chapter. However, if the alarm system is installed by a licensed alarm company operator, the permit may be applied for within five business days of when the alarm system is installed and operational. B. A separate alarm system permit shall be required for each premises on which an alarm system is used or installed. Each alarm system must have a permit, and multiple permits are required if multiple alarm systems are installed on one premises. C. An alarm company operator, or agent to the alarm company operator, should inform its client that an alarm system permit is required by the city and is the responsibility of the client. D. The alarm company operator or agent shall notify the chief of police, or designee, each time an alarm system is installed by said alarm company operator or agent. This notification shall be on a form prescribed by the chief of police. Such notice shall be delivered to the chief of police within five business days of when the alarm system is installed and operational. E. Alarm system permits are nontransferable. Any change in ownership of an alarm system, premises upon which an alarm system is operated, or business that operates an alarm system, shall require a new alarm system permit for the operation of the alarm system, issued pursuant to this chapter. The application for an alarm system permit upon the transfer of property pursuant to this subsection shall be considered as an application for a new alarm system. F. Pursuant to regulations promulgated by the chief of police necessary to protect against the dangers to be eliminated by this section, the chief of police may allow the installation and operation of an alarm system without a permit for the purposes of testing such alarm system and determining its suitability for use within the city. (Prior code § 17-55.4)
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8.08. 060 Permits--Application--Fees. A. Application for alarm system permits shall be made to the police department of the city. The police department shall prescribe the form of the application and request such information as it deems necessary to evaluate and act upon the application. All applications shall be submitted by the applicant under penalty of perjury. The chief of police, or designee, shall determine and set the conditions necessary for the installation and operation of alarm systems within the city. B. An application for alarm system permit shall not be complete unless accompanied by a nonrefundable fee as prescribed in 2.64.040 in order to recover costs reasonably borne in processing said application. (Prior code § 17-55.5)
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8.08. 070 Right of inspection. At the request of the chief of police, a city employee or agent may inspect any alarm system on the premises where it is intended to function prior to issuance of any permit for its installation and operation. The purpose of the inspection or inspections shall be to ensure that the alarm system will function as designed and complies with the provisions of this chapter. (Prior code § 17-55.6)
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8.08. 080 Permits--Correction of information. A. Whenever a change occurs relating to the written information required on the permit application, the applicant or permittee shall give written notice of such change to the police department within five calendar days. B. Any changes in the information required by Section 8.08.030(A), persons to be contacted, or persons responsible for the repair and servicing of the alarm system shall be given by the permittee, in writing, to the chief of police as soon as possible and in no event later than five calendar days from such change. (Prior code § 17-55.7)
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8.08. 090 Telephone device prohibited. No person shall use any alarm system which is equipped with direct dial device which, when activated, automatically dials any telephone within the fire department, police department or the public safety communications center. (Prior code § 17-55.8)
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8.08. 100 Notification of tests. Permittees shall notify the dispatcher at the public safety communications center prior to any service, test, repair, maintenance, adjustment, alteration or installation of any alarm system which would normally result in a police response. Any alarm received immediately following such notification shall not constitute a false alarm for the purposes of this chapter. (Prior code § 17-55.9)
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8.08. 110 Permits--Revocation. An alarm system permit may be revoked by the chief of police for any of the following reasons: A. Failure to observe any of the regulations, conditions of the permit, or other provisions of this chapter; B. False representations knowingly made upon any application or notice of change required by the provisions of this chapter; C. Where the permittee fails to pay the service charges billed; D. Any alarm system designated a nuisance by the chief of police. The chief of police may declare an alarm system at a specific location a nuisance if such alarm system actuates excessive false alarms. It is found and determined that more than four false alarms within any three consecutive calendar month period is excessive and thereby constitutes a public nuisance. The chief of police shall not consider any false alarm as a nuisance alarm if such false alarm occurs within thirty (30) days of the date the alarm system is installed and operational, or any false alarm generated by a violent act of God or nature and which was not the result of the negligence of the permittee, or permittee's agents, or a defect in the alarm system. (Prior code § 17-55.10)
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8.08. 120 Permits--Revocation--Notices and effective date. A. A written notice of revocation, stating the reason for such revocation, shall be personally served upon or mailed to the permittee by certified mail addressed to the permittee at the permittee's address shown on the application or on the latest notice of change on file with the city. In the event the notice is mailed, service shall be deemed complete upon deposit in the United States mail. The effective date of the revocation of an alarm system permit shall be fifteen (15) days after the service of notice of revocation. During such fifteen (15) day period, the permittee may show cause, in writing, to the chief of police why the permit should not be revoked. B. Whenever the revocation of an alarm system permit becomes effective, the permit shall be surrendered forthwith to the chief of police, and the alarm system shall forthwith be removed or deactivated. (Prior code § 17-55.11)
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8.08. 130 Appeals. The action of the chief of police in revoking an alarm system permit may be appealed to the city council. Written notice of such appeal shall be filed with the city clerk within fifteen (15) days following the service of the notice of revocation. (Prior code § 17-55.12)
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8.08. 140 Appeals--Hearing--Determinations. The city council shall hear and determine such appeal at its next regular meeting held not less than seven days following the filing of the notice of appeal. Written notice of the time and place of the hearing shall be served on the permittee in the same manner as provided in this section for the service of a notice of revocation. A majority vote of the whole council shall be required to reverse any revocation of an alarm system permit ordered by the chief of police. Should the council find that the revocation of the permit was appropriate, the permittee may be billed for all costs reasonably borne by the city in revoking the alarm system permit. (Prior code § 17-55.13)
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8.08. 150 Charges for responding to false alarms--Billings--Exceptions. A. A service charge in an amount fixed by resolution of the city council shall be paid to the city by each subscriber or permittee of an alarm system, for each response made by the police or fire department to the location of a false alarm after the first three responses are made during the same calendar year. B. The director of finance shall cause to be issued a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen days after billing date. C. Exceptions. No charge shall be assessed for false alarms occasioned by disaster, power failure or other causes clearly not within the control of the permittee. No charges shall be made for a false alarm occasioned by an alarm company or permittee test of the alarm system, provided that the police department has been notified before and after completion of said test. No charge will be assessed for false alarms that occur within thirty (30) days from the date when the alarm system was originally installed and became operational. However, the permittee may be charged the costs of disconnecting an alarm system declared a nuisance under Section 8.08.030(C), regardless of the date of installation and operation. D. The provisions of this section do not apply to any federal, state, county, or city agency, special district, or to the Hermosa Beach police department which may be engaged in the nonprofit installation and maintenance of tactical alarm systems utilized in crime suppression. (Prior code § 17-55.14)
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8.08. 160 Fees and charges constitute a valid and subsisting debt. A. All fees and charges levied by the city pursuant to this chapter shall be due and payable upon presentation of a written invoice. B. All fees and charges for such services pursuant to this chapter shall constitute a valid and subsisting debt in favor of the city and against the permittee for whom such services are rendered. If an amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment, a civil action may be filed with the appropriate court for the amount due and payable, together with any penalties, any related charges and fees accrued due to nonpayment, and all fees and charges required to file and pursue such civil action. C. Fees and charges shall be levied for recovering city costs for notification and collection of delinquent accounts and in amounts established by resolution of the city council and shall be collected as provided herein. (Prior code § 17-55.15)
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8.08. 170 Malfunction repair. After any false alarm caused by a malfunction of the alarm system equipment, an alarm system permittee shall cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm. No permittee shall reactivate such alarm or cause the alarm to be reactivated, until such repairs have been made and the alarm is in proper operating condition. (Prior code § 17-55.16)
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8.08. 180 Applicability--Effective date--Maintenance of system. A. The provisions of the preceding sections relating to permits and fees for installation and operation of alarm systems are applicable only to those installations made after the effective date of Ordinance No. 89-984. B. The provisions of the preceding sections relating to false alarms shall be in full effect as to all new and existing alarm systems on the date that the ordinance codified in this chapter takes effect. C. It shall be the obligation of the permittee to maintain any alarm system in good repair. (Prior code § 17-55.17)
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8.08. 190 Violations of alarm system regulations. Violations of the provisions of this chapter are subject to the administrative penalty provisions of chapter 1.10.(Ord. 07-1281, Sept. 2007)
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8.08. 200 Automobile alarm systems. The installation of automobile alarm systems is not subject to the provisions of Sections 8.08.010 through 8.08.190 pertaining to permit application and fees. In order to protect the public health, safety and welfare, a police officer may deactivate, or cause to be deactivated, any audible automobile alarm which has sounded for more than five continuous minutes, when the person in control of the vehicle has not responded to the alarm. A police officer may reasonably enter any such vehicle pursuant to this chapter to silence the alarm, or may cause the vehicle to be impounded pursuant to Section 22651.5 of the California Vehicle Code if the alarm cannot be silenced within forty-five (45) minutes of the police officer's arrival. (Prior code § 17-56)
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