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HomeMy WebLinkAboutNS-1585ORDINANCE NO. NS-1585 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE VI TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE REGULATION OF ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding Article VI to Chapter 10, Alarm Systems, Sections 10-270 through 10-285 to read as follows: SECTION 10-270. PURPOSE The City of Santa Ana hereby finds and determines that the regulation of alarm systems and the control of false alarms is necessary to promote the health, welfare and safety of the people in that some of the public are using alarm systems which either mechanically malfunction or are not operated properly by their users, causing an increase in false alarm reports thereby constituting a hazard to the safety of peace officers and the public in general. SECTION 10-ZT1. DEFINITIONS For the purpose of this Chapter, the following definitions shall apply: (a) ALARM SYSTEM is any device designed for the detection of an unauthorized entry on any pre- mises or for alerting others of the commis- sion of an unlawful act, or both; and when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police are expected to respond. (b) ALARM BUSINESS shall mean any person, firm, or corporation conducting or engaging in the business of selling, leasing, maintaining, servic- ing, repairing, altering, replacing, moving, removing, installing or monitoring an alarm system in or on any building, place or premises. (c) ALARM AGENT shall mean any person who is self- employed or employed either directly or indi- rectly by an alarm business whose duties include any of the following: Selling, maintaining, leasing, servicing, repairing, altering, replac- ing, moving or installing an alarm system in or on any building, place or premises. (d) AUDIBLE ALARM is a device designed for the detection of the unauthorized entry on or attempted entry into a premise or structure or for alerting others of the commission of an unlawful act or both, and which, when act- uated, generates an audible sound on the premises. (e) ALARM USER shall mean any person using an alarm system at his place of business or residence. ORDINANCE NO. NS- 1585 PAGE TWO (f) DIRECT DIAL TELEPHONE DEVICE (Automatic Dialing Device) is any device which is interconnected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmits by pre-recorded voice message or code signal an emergency message indicating a need for emergency response. (g) FALSE ALARM shall mean the activation of an alarm system necessitating response by the police department where an emergency situation for which the alarm system was designed or used does not exist. (h) PERSON shall mean any individual, partnership, corporation, or other entity. (i) RESIDENTIAL means premises used as dwelling units which includes apartments and lodging houses. (j) BUSINESS means any non-residential use. SECTION 10-272. ALARM BUSINESS REGISTRATION It shall be unlawful for any person, partner- ship, corporation or firm to own, manage, conduct or carry on an alarm business within the City of Santa Ana without first having registered with the Police Department; provided, however, such registration shall not be required for any business which only sells or leases said alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accomplished by furnishing such information as may be required by the Police Depart- ment, including but not limited to the full name of the business, the number of the license issued by the State Director of Consumer Affairs.for the alarm business, and the name and business address of the manager of operations for the area which includes the City of Santa Ana. SECTION 10-273. ALARM AGENT REGISTRATION REQUIRED It shall be unlawful for any person, including the owners of an alarm business, to act as an alarm agent within the City of Santa Ana without first having register- ed his or her name and filed with the Chief of Police a copy of the alarm agent registration card issued to him by the State Director of Consumer Affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code; provided, however, nothing herein shall require a person to so register in order to install, service, repair, alter, replace, or move an alarm system on the premises owned or occupied by that person; and further provided, nothing herein shall require a person to so register who is merely a salesperson for any business not required to obtain an alarm business permit under the provisions of Section 10-272 if such salesperson does not engage in any other activities related to alarm systems apart from selling. SECTION 10-274. NOTIFICATION OF CHANGE Any alarm business or alarm agent registered with the Police Department shall report within five (5) working days to the Chief of Police any change of address, ownership, name of business or location of business. ORDINANCE NO. NS- 1585 PAGE THREE SECTION 10-275. ALARM AGENTS: REGISTRATION IN POSSESSION Every person acting as an alarm agent within the City of Santa Ana shall carry on his or her person at all times while so engaged a valid State of California alarm agent's registration card and shall display such card to any police officer upon request. SECTION 10-276. ALARM USER'S PERMIT (a) No person shall install, or cause to be install- ed, use, maintain, or possess an alarm system on any business premises owned or in the posses- sion or control of such person within the City of Santa Ana without first having obtained an alarm user's permit from the Chief of Police in accordance with this section. The application for an alarm user's permit shall be filed with the Chief of Police. The Chief of Police shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The applica- tion shall include the address of the business premises where the system is to be located and the name, address, and telephone number of the applicant and the person who will render service or repairs during any hour of the day or night. (b) Residential alarm system users shall be exempt from obtaining any alarm user's permit. Except as so exempted, residential alarm users shall comply with and be subject to all other applicable provisions of this ordinance. SECTION 10-277. CORRECTION OF INFORMATION Whenever any change occurs relating to the written information as may be required in Section 10-276, Alarm User's Permit, the permit holder or his designate shall give written notice of such change to the Chief of Police within five (5) working days. SECTION 10-278. ALARM SYSTEM STANDARDS Ail alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution of the City Council of the City of Santa Ana. The city reserves the right to inspect all alarm systems subject to all applicable laws including Code of Civil Procedure Section 1822.50, et seq. SECTION 10-279. ALARM SYSTEM REGULATIONS (a) Automatic Deactivation - Audible Alarms Audible residential alarms shall be equipped with an automatic shut off mechanism capable of teminating the audible annunciator after activation within a maximum of fifteen (15) minutes. Audible commercial alarm systems shall be equipped with an automatic shut off mechanism capable of terminating the audible annunciator after activation within the maximum of thirty (30) minutes. Those audible alarms installed prior to the effective date of this section not capable of turning off the ORDINANCE NO. NS-1585 PAGE FOUR annunciator shall have until~hne (1) year from and after this section becomes e~ective to comply. (b) Maintenance Notification The alarm user shall contact the Police Depart- ment's communication supervisor prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. (c) Power Supply Alarm systems shall be supplied with an unin- terruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four (4) hours of operation. (d) Repairs When any false alarm caused by a malfunction of an alarm system has occurred, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm system annunciator shall be disconnected while repairs are made. (e) Direct Dial Telephone Devices On or after the effective date of this article, no person shall install any alarm system which directly dials any telephone number of the Santa Ana Police Department except as may hereafter be designated by the Chief of Police. Any exist- ing alarm system of this type will have (90) days 'from the effective date of this article to comply by reprogramming to another source. SECTION 10-280. FALSE ALARM PENALTY ASSESSMENT When any emergency alarms, messages, signals, or notices are received by the Police Department showing that an alarm user has failed to meet any of the requirements of this article, the Chief of Police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements. Any person having an alarm system which results in a police response in which the alarm proves to be a false alarm, shall pay a penalty assessment fee to the City of Santa Ana as follows: (a) False alarms received by the Police Department from alarm systems which are in existence at the time of the adoption of this article and which are in excess of the maximum allowable number, as set forth below, shall result in a twenty-five dollar ($25.00) penalty assessment: More than one (1) in any thirty (30) day period; or more than two (2) within any ninety (90) day period; or more than three (3) within any one hundred eighty (180) ORDINANCE NO. NS- 1585 PAGE FIVE day period; or more than four in any one (1) year period. (b) Commencing with the date of a new alarm installa- tion and for six months thereafter, there shall be no charge for the first through third false alarms. For the fourth and subsequent alarms in such six (6) month period, there shall be a penalty assessment of twenty-five dollars ($25.00) per false alarm. At the expiration of the six (6) month period, the penalty assess- ment shall be governed by the provisions con- tained in subsection (a), above. SECTION 10-281. RIGHT TO DISCONTINUE RESPONSE The Chief of Police reserves the right to dis- continue response by police officers to any location of a silent or audible alarm when (1) the alarm user has been given written notice and assessed six (6) penalty assess- ments within a one (1) year period, or (2) the alarm user has failed to pay any such penalty assessment. Reinstate- ment may occur when the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the Chief of Police. SECTION 10-282. SUSPENSION/REVOCATION OF PERMITS If at any time it shall come to the attention of the Chief of Police that the holder of an alarm user's permit under this Chapter has violated any provisions of this article, or rules, or regulations made pursuant to this article, including but not limited to, false alarms which exceed the numbers permitted pursuant to section 10-280 of this article or has failed or refused to pay the false alarm penalty assessment fee as provided in said section, the Chief of Police may suspend or revoke the permit. If an alarm user's permit is to be suspended or revoked, as provided hereunder, the Chief of Police shall notify the holder of the permit in writing of his inten- tion to revoke such permit seventy-two (72) hours before the effective hour of the suspension or revocation. SECTION 10-283. APPEALS Any alarm user aggrieved by the decision of the Chief of Police to assess any penalty or to suspend or revoke said permit may appeal to the City Council as pro- vided in Chapter 3 of the Santa Ana Municipal Code. SECTION 10-284. CONFIDENTIALITY Information furnished and secured pursuant to this article shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this article. SECTION 10-285. CRIMINAL PENALTIES Any person who violates any provision of this article, excluding the provisions of section 10-280, Penalty Assessments, shall be guilty of an infraction, and upon conviction thereof shall be punished in accordance with the California Penal Code regarding infractions. ORDINANCE NO. NS- 1585 PAGE S I X Such persons shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this article is committed, continued, or permitted by such persons. SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portions thereof, irre- spective of the fact that any one or more sections, subsections sentences clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collecion of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ]~t day of 1981 by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None ABSENT: COUNCILMEN: Bricken ATTEST: / APPROVED AS TO FORM: EDWARD J. ~OOPE~_~ CITY ATTORNEY