HomeMy WebLinkAbout89-10 Regulation of Private Alarm SystemsORDINANCE 9 9 -/b
AN ORDINANCE OF THE CITY OF COSTA MESA,
CALIFORNIA, ADDING..CHAPTER VIII, FOR THE
REGULATION OF PRIVATE ALARM SYSTEMS, TO
TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Costa Mesa,
California, does hereby find and declare as follows:
WHEREAS, the Costa Mesa Police and Fire Departments have
experienced a high rate of false alarms from burglary and robbery
alarm systems and a significant rate of false fire alarms, such.
alarms requiring immediate response from the public safety
departments., depleting their limited emergency resources; and
WHEREAS, many false - alarms result from system malfunction,
often due to faulty maintenance or operation, and an incentive is
needed to encourage the users of the alarms to see that they are
properly maintained and operated; and
WHEREAS, other Orange County cities have succeeded in
substantially -reducing their false alarm rates by adopting and
implementing ordinances that transfer some of the cost of
responding to false alarms to those who use and maintain alarm
systems; and
WHEREAS, adoption and implementation of this ordinance
.should encourage proper use and maintenance of alarm systems and
thereby reduce the rate of false alarms to a more reasonable
level; and
WHEREAS, the City Council of the City of Costa Mesa finds
and declares that this Ordinance is necessary for the general
health, safety and welfare of the citizens of Costa Mesa.
Accordingly, the City Council of the City of Costa Mesa
herewith adds the following Chapter VIII entitled "Regulation of
Private Alarm Systems" to Title 11 of the Costa Mesa Municipal
Code.
Section 2: Title 11 of the Costa Mesa Municipal Code is
hereby amended by adding the following: Chapter VIII REGULATION
OF PRIVATE ALARM SYSTEMS
ARTICLE I General Provisions and Definitions
Section 11-150 Definitions
T The words and terms used in this Chapter shall have the
meanings indicated unless the context clearly indicates
otherwise:
A. Alarm System means.any mechanical, electronic or
electrical device or. assembly which is designed or -used for the
detection of fire, intrusion into a building, structure, dwelling
or facility or for. alerting others of an event within a facility,
which event causes a local audible sound or transmission of 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 evoke a police
or fire response, nor used to register alarms that are intended
to be audible, visible or perceptible outside of the building,
structure, dwelling or facility are not included within this
definition, not are auxiliary devices installed by a telephone
company to protect its systems which might be damaged or
disrupted by the use of an alarm system.
B. Automatic Communication Device means any
electrical, electronic, or mechanical device capable of sending a
pre-programmed,.'pre-recorded message over a telephone line to the
police or fire department.
C. False Alarm means the activation of an alarm system
through mechanical failure, accidental tripping, misoperation,
malfunction, misuse, or the neglect of the owner or lessee of an
alarm system, or of his employees or agents. False alarm shall
not include alarms caused by earthquakes, violent winds or other
Acts of,God, or external causes beyond the control of the owner
or lessee of the alarm system.
D. Person means any individual, partnership,
corporation, company, firm, association or other entity.
E. City means the City of Costa Mesa.
F. Police Department means the Police Department of
the City of Costa Mesa.
G. Fire Department means the Fire Department of the
City of Costa Mesa.
H. Alarm Company means any business carried on by any
person who engages in the sale, lease, maintenance, service,
repair,. alteration, replacement or installation of any alarm
system in or on any building, structure, facility or dwelling.
K
. I. Alarm User means any person who owns, rents or
leases an alarm system which is installed in or on a building,
structure, dwelling or facility and which is capable of being
activated.
- J. Alarm Signal means any sound or message prompted by
the activation of an alarm system for the purpose of alerting
persons -f danger, an emergency, fire, or commission of an
unlawful act and summoning Police and/or Fire Department
personnel to the scene of said alarm system.
Section 11-151 Authority
The Police and Fire Departments of the City of Costa Mesa
shall have the authority to adopt rules, regulation and
procedures governing the implementation of this alarm ordinance.
Section 11-152 Enforcement
The Police and Fire Departments shall administer and enforce
the provisions of this Ordinance.
Section 11-153 Audible Alarm Shutoff
It shall be unlawful for any owner or occupant of real
property to have installed or to activate an audible alarm system
which does not shut off within a maximum time of fifteen (15)
minutes from the commencement of activation. This may be
accomplished by automatic cutoff or by manual operation.
Section 11-154 Prohibitions
(a) It shall be unlawful for. any person to activate an
alarm system for the purpose of summoning -Police or Fire
Department personnel except in the event of circumstances which
would reasonably lead a prudent person to believe that a state of
emergency, for which the alarm system was designed, actually
exists.
(b) It shall be unlawful to install or use an alarm system
which, upon activation, emits a sound similar to a siren used on
emergency vehicles or for.civil defense purposes.
Section 11-155 Alarm System Instruction
Each alarm user shall obtain, and provide to his employees
accurate and complete instruction from the alarm company in the
proper use'and operation of said system. Specific.emphasis shall
be.placed on the avoidance of -false alarms.
Section 11-156 Notice
Every audible alarm system shall have a sign or notice
posted on or near the audible device with the name and telephone
number of at least two (2) responsible parties or the company
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responsible for the maintenance of the system. The notice shall
be posted in such a position as to be -readable from.the ground
level outside and adjacent to the building. All silent alarm
systems shall have a like notice posted on the premises which
provides the same information as that required of audible alarm
systems.
Section 117157 Alarm Company Responsibilities
Alarm companies doing business in the City of Costa Mesa
shall maintain an accurate, updated telephone number(s) for
business owners.
Section 11-158 Alarm User Responsibilities
Upon notification by the Police or Fire Department, one of
the persons named as a responsible person in Section 11-156 shall
.arrive promptly (within 45 minutes) to the scene of the alarm and
render necessary service.
Section 11-159 Automatic Communication Device
No automatic communication device shall be programmed to call any
police or fire communication telephone line, unless specifically
directed by the City of Costa Mesa Communications Department
Director.
Section 11-160 False Alarm Service Charge
A service charge shall be paid to the City of -Costa Mesa by
alarm users for each false alarm upon the second and for each
subsequent police or fire response to the location of the alarm
system during a twelve-month period in accordance with the
following fee schedule:
Business
0 - 1 No Charge
2 & up $100.00
Residential
0 - 1 No Charge
2 - 3 $25.00
4 - 5 $35.00
6 & up $50.00
New alarm systems shall be exempt.during the first thirty (30)
days of operation.
Section 11-161 Repair
After any false alarm caused by a malfunction of the alarm
system, the system shall be repaired so as to eliminate such
malfunction prior to reactivation of the alarm.
Section 11-162 Discontinuance of Response
The City Manager or his authorized representative may
discontinue response by the Police and Fire Departments to any
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location of an alarm system ten days from the _date that written
.notice to the alarm user has been mailed or delivered in person .
Such discontinuance may be implemented when the alarm user (1)
has been assessed six (6) false alarm service charges within a
twelve-month (12) period or (2) the alarm user has failed to pay
any such false alarm service charge within thirty'(30) days.
Upon discontinuance, police or fire personnel.shall respond to
that location only when a .4.ndividual-requesting assistance has
verified that there is a fire, crime in progress or other extreme
emergency necessitating response. Reinstatement of alarm
response may occur when the alarm user has eliminated or
corrected the problem and all false alarm service charges have
been paid.
Section 11-163 Hearings and Appeals
If an alarm user disputes false alarm service charges or a
no response notice, the user may, within ten (10) days from the
date of mailing, as shown on the notice, submit a written request
for hearing with the department issuing the charges or notice.
The hearing shall be before a member of that department who was
not involved in the issuance of the notice or charges. The user
may appeal the decision by the Police or Fire Department to the
City Manager by filing a written Notice of Appeal with the City
Manager's office within seven (7) days of the date the hearing
officer's decision is mailed or personally delivered to the user.
Ifan alarm user disputes the decision of the City Manager
regarding the service charge or a response discontinuance notice,
the alarm user may appeal to the City Council by filing a written
Notice of Appeal with the City Clerk within seven (7).days of the
date the City Manager's decision is mailed or personally
delivered to the user.
While in the process of appeal, alarm response
discontinuance.shall not be in effect.
Section 11-164 Severability
If any section, subsection, sentence, clause, phrase or
portion of this article 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 chapter. The City Council of the City
of Costa Mesa declares that it would have adopted this chapter
and each section, subsection, sentence, clause, phrase, or
portion.'thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions
may be declared invalid or unconstitutional.
Section 3:
This ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before
the expiration of fifteen (15) days after its passage, shall be
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published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office.of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED'AND ADOPTED this
Jad-
ATTEST:
day of' Ail 1989
J 1-41
Mayor of the Ci W of Costa Mesa
City Clerk of the City ofC�sta Mesa
STATE OF_CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
City Attorney
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 89-10 was introduced and
considered section by section at regular meeting of said City
Council held on the 2OtA day of d -IL , 1989, and
thereafter passed and adopted as'a whole at a egular meeting of
said City Council_ held,on the ,.A2 day of 1989,
by the following roll call vote:
AYES: COUNCIL MEMBERS: j�/
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNES&'WHEREOF, I
the Seal of- ,the -City -6,f-
1989. '.
have hereunto sey hand an of f i ped
Costa Mesa this day of
Crity Clerk and ex -officio Cleo of
the City Council of the City6�
Costa Mesa
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