Chapter 8.12 EMERGENCY ALARM SYSTEMS
This chapter, together with any amendments hereinafter enacted shall be known and may be cited as the “Glendale Alarm Ordinance.” (Prior code § 19-50)
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
“Alarm agent” means any person employed by an alarm business whose duties include installing, altering, maintaining, moving, repairing, replacing or servicing an alarm system.
“Alarm business” means any business engaged in the installation, maintenance, alteration or servicing of alarm systems or which responds to such alarm systems.
“Alarm screening system” means a method of providing information from the alarm site to a predesignated monitoring location by means of audio, video, personal contact, or other type of device approved by the police chief and/or fire chief, which information shall be used to make a reasonable determination of the need for a police response prior to notifying the police or fire divisions of an activated alarm system.
“Alarm system" means any device, whether mechanical, electrical or otherwise, which creates, produces, generates or relays any sound signal or message, whether audible or not, in order to detect the commission, or attempted commission, of any crime, fire or medical emergency. Such definition shall not include any alarm system: (1.) Which is not used or intended to evoke any response from the police and/or fire divisions and which is intended for use solely by persons employed by the permittee or owner of the premises where it is installed or used; (2.) Utilized by commercial telephone or telegraph utilities doing business and regulated by the public utilities commission; (3.) Installed in, or used in connection with, any motor vehicle.
“Applicant” means any person who or which submits an application for a permit pursuant to any provision or section of this chapter and/or on whose behalf such permit is submitted.
“Audible alarm” means any alarm system which is intended to, or can, be heard from outside of the building, structure or facility wherein such alarm system is installed.
“Authorized identification” means the official identification card approved and issued by the California Department of Consumer Affairs to any permittee under this chapter, or to any authorized employee or agent of such permittee.
“Automatic communication device” means any device, whether mechanical, electrical or other, capable of being programmed to send prerecorded sound, signal or message over a telephone line, radio or other communication system and used as part of, or in connection with, any alarm system.
“City” means the city of Glendale.
“Direct alarm” means any alarm system connected to the city police and/or fire division by a leased telephone line having no intermediate station and terminating at a terminal monitor module at such division.
“Emergency” means any condition which results in, or which could result in, the response of police, fire or paramedics in authorized emergency vehicles or any condition which jeopardizes or could jeopardize public safety and results in or could result in the evacuation of any area, building, vehicle, or of any other place which any individual may enter.
“False alarm” means the activation of any alarm system because of malfunction, mechanical or electrical defect, improper operation or procedure by any person and no fire, crime or other emergency occurred requiring an immediate or emergency response by the city police or fire division. “False alarm” does not include an alarm system activated as a result of any malfunction of equipment owned or operated by the telephone company or resulting from the authorized servicing, testing, maintenance, adjustments, alterations or installations of such alarm system, provided that the respective permittee or authorized agent thereof, notifies the police division emergency communications supervisor prior to commencement of any of the aforesaid activities. “False alarm” also means a report including any oral or written statement, made by any person to any agency of the city that an emergency exists, and who knows, or should know under the existing circumstances, that such report is false.
“Fire chief” means the chief of the city fire division or any person or persons designated by the fire chief and authorized to administer the provisions of this chapter.
“Fiscal year” means a twelve (12) month continuous period commencing the first day of July and ending the following thirtieth day of June.
“Indirect alarm” means any alarm system other than a direct alarm as defined in this section, including any audible alarm, direct dial answering relay service or commercial telephone line.
“Notice” means written notice of any act, event, decision, change, addition, deletion or modification as required or permitted pursuant to the provisions of this chapter, given, served upon or mailed to any applicant or permittee or to any authorized employee or agent thereof. (1.) Any notice personally served shall be effective at the time of such service. (2.) Any notice mailed shall be effective on the third day thereafter provided such notice was deposited in the United States mail, postage prepaid and addressed to the party to be notified as set forth on the party’s last application or, if there be no such application, the last known address for such party.
“Permittee” means any person who, or which, has been granted a permit pursuant to any provision of this chapter to install or maintain an alarm system in or on any building, structure, facility, trailer or upon any property or land which is owned, leased or rented by the applicant or any subscriber.
“Person” means and includes, but is not limited to, a natural person, corporation, partnership, firm, association or other business.
“Police chief” means the chief of the city police division or any person or persons designated by the police chief, and authorized to administer the provisions of this chapter.
“Primary trunk line” means any telephone line installed for the city police and/or fire division and to which is assigned a telephone number that is published in the directory of the public making and/or authorizing such installation and which is designed for general public use.
“Records” means all written documents, diagrams, schematics, applications or other written material submitted pursuant to, and in compliance with, any provision of this chapter.
“Silent alarm” means any alarm system, or portion thereof, which is designed to alert any person not present on the premises where such alarm system is installed.
Special Assignment. The police department shall be deemed as being on “special assignment” when: (1.) A police or fire response occurs as a result of a fifth and/or subsequent false alarm from an alarm system at the same address or location within the same fiscal year; (2.)A police or fire response occurs as a result of a false alarm to a location for which no permit has been issued or if issued, the permit has expired, or has been suspended or revoked.
“Subscriber” means any person entitled or eligible by the provisions of this chapter to install and maintain an alarm system.
“Terminal monitor module” means a device installed at the city police and/or fire division communications center to which direct alarms are connected by means of a leased telephone line.
“Visual alarm” means any device which is intended to emit a lighted signal, beacon or message to visually alert any person, or persons, of a fire, crime, emergency, or other threat to personal or public safety within or about any building, structure or facility. (Prior code §§ 19-51, 19-51.1—19-51.10, 19-51.10.5, 19-51.11—19-51.25)
8.12.030 Alarm system standards.
All alarm systems and equipment required by, or installed pursuant to this chapter shall meet standards acceptable to the police chief and/or the fire chief in accordance with the standards and practices set forth within this section or hereafter promulgated. In determining the acceptability of installations or procedures, equipment or materials, the police chief or fire chief may base acceptance on compliance with National Fire Protection Association or other appropriate standards. In the absence of such standards, the police chief and/or fire chief may require evidence of proper installation, procedure or use. The police chief or fire chief may also refer to the listings or labelings practices of nationally recognized testing laboratories, inspections agency or other organizations concerned with product evaluations which are in a position to determine compliance with appropriate standards for the current production of listed items, and the satisfactory performance of such equipment or materials in actual usage. (Prior code § 19-69)
A. All audible alarm systems, excluding fire alarms that emit sound to indicate the functioning of an automatic fire sprinkler system, shall include a device that will limit the generation of the audible sound of the system to not longer than fifteen minutes after activation when the alarm system is protecting a residential structure, and not longer than thirty minutes when the alarm system is protecting a commercial or industrial structure.
B. All audible alarm systems referred to in subsection A of this section shall include an automatic resetting device which shall cause the system to be rearmed upon automatic reset.
C. Any audible alarm system which does not automatically reset and/or rearm itself as provided in this section, and which generates an audible sound in excess of the time limitations prescribed in this chapter, is declared to be a public nuisance and may be summarily abated by the police or fire chief. Such summary abatement shall not be a bar to any other remedy provided in this chapter, or at law, including but not limited to revocation and/or suspension of any permit issued for such alarm or alarm system and/or criminal prosecution. (Prior code § 19-70)
The police chief and/or fire chief shall have the right to inspect any alarm system, whether direct or indirect, including any telephone device or connection, on the premises where it is intended to function prior to issuance of any permit for its operation and may cause an inspection of such system or systems to be made at any time after issuance of a permit to determine whether they are being used in conformity with the terms of the permit and provisions of this chapter.
(Prior code § 19-71)
A. There shall be a service charge, which may be set forth by resolution, assessed against the following persons and under the following circumstances: (1.) Against the permittee when a police or fire response occurs as a result of a third false alarm from an alarm system at the same address or location within the same fiscal year; (2.) Against the permittee when a police or fire response occurs as a result of a fourth false alarm from an alarm system at the same address or location within the same fiscal year; (3.) Against the permittee when a police or fire response occurs as a result of a fifth and/or subsequent false alarm from an alarm system at the same address or location within the same fiscal year; (4.) Against any person owning, maintaining or using an alarm system when such system is the source or cause of any false alarm resulting in a police or fire response and no permit has been issued for such alarm system or, if issued, has expired or been suspended or revoked.
B. There may be a service charge assessed against any person who intentionally, or in violation of the law, reports or causes to be reported, a false alarm to any agency of the city. The service charge will be based on the costs incurred by the city agency as a result of the emergency response. The service charge shall constitute a debt of that person and is collectible by the city in the same manner as in the case of any obligation under contract, expressed or implied. (Prior code § 19-72)
8.12.070 Special assignment assessment.
A. The costs incurred by personnel utilized while on special assignment shall be assessed against the permittee, according to a fee schedule which may be set forth by resolution. This special assignment assessment shall include personnel and equipment costs expended during a police response while on special assignment, as defined in Section 8.12.020
B. The special assignment assessment shall be charged in addition to appropriate service charges as defined in Section 8.12.060 (Prior code § 19-72.1)
A. It is unlawful for any person to install or use any alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. Any such alarm is declared to be a public nuisance and may be summarily abated by the police chief or fire chief of the city.
B. It is unlawful for any person to use, or permit or cause to be used, any telephone device or telephone attachment that automatically selects a primary trunk line and then reproduces any pre recorded message to report any crime, fire or medical emergency.
C. It is unlawful for any person to fail or refuse to permit an inspection provided for in this chapter when requested to do so by any member or representative from the city police or fire division.
D. It is unlawful for any person to provide, install or maintain at any location or site within the city any alarm system without first having obtained a license in connection therewith as required by the Department of Consumer Affairs or other state or federal agency.
E. Notwithstanding any other provision of law, the police or fire chief may designate one or more telephone numbers for receiving approved pre recorded emergency messages. (Prior code § 19-73)
8.12.090 Permit not assignable.
A. It is unlawful to assign or transfer, or to attempt to assign or transfer, any permit issued pursuant to the provisions of this chapter.
B. Any such assignment or transfer shall be null and void and of no legal effect for any purpose whatsoever.
(Prior code § 19-74)
8.12.100 Rules and regulations.
A. The police chief and/or fire chief are authorized and empowered to adopt, modify, amend or delete from time to time such rules and regulations as are necessary to fulfill and further the purposes and intent of this chapter. Such rules and regulations shall become effective upon approval by the city council by ordinance, resolution or motion, and thereafter shall have the full force and effect of law.
B. Such rules and regulations shall be in writing and shall be given to the permittee at the time of first issuance of a permit. Any subsequent changes or modifications in such rules and regulations shall be given upon renewal of said permit or upon request of the permittee, whichever shall occur first.
C. A copy of all current rules and regulations promulgated under this section shall be kept on file in the police division and made available for public inspection upon request. (Prior code § 19-75)
A. Any records required by, or submitted pursuant to, this chapter shall be deemed to be confidential in nature, and neither the records nor the contents thereof shall be provided for, or disclosed to, any person except the applicant/permittee, his/her duly authorized representative, or as provided in subsection B of this section.
B. Nothing in subsection A of this section, or otherwise in this chapter, shall be construed to prevent disclosure of such records or their contents to duly authorized city officials, employees or other persons reasonably necessary to implement or administer the provisions of this chapter, or to prevent compliance with any applicable municipal, county, state or federal records disclosure law.
C. All records submitted pursuant to this chapter shall be maintained by the police chief and shall be kept in the police division unless returned to the applicant or permittee. Such records may be destroyed in any manner provided by law. (Prior code § 19-76)
The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying any permit fee, service charge, or special assignment assessment due and unpaid at the time of such conviction, nor shall the payment of any permit fee, service charge, or special assignment assessment prevent criminal prosecution for the violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee, service charge or special assignment assessment shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent thirty (30) days after expiration of the permit. (Prior code § 19-77)
All permits issued by the police chief and/or fire chief for alarm systems which are current and valid on the date the ordinance codified in this chapter takes effect shall continue to be valid until the expiration date shown on such permit, after which such permittee shall comply with the provisions of this chapter. (Prior code § 19-78)
8.12.135 Resolution establishing fees and charges.
A. By resolution, the city council shall establish or modify: (1.)The amount or the rate of the fees and charges under this chapter; and (2.)The payment due date and delinquent payment date of the fees and charges under this chapter.
B. To reflect cost-of-living changes and to ensure that changing economic conditions do not impair the real value of the fees and charges under this chapter, on July 1st of each year, the chief of police shall: (1.) Review each fee and each charge; and (2.) Adjust the fee, or the charge, or both: a. Upward or downward by the same percentage increase or decrease occurring during the previous twelve (12) months, in the Consumer Price Index for All Urban Consumers (“CPI-U”) for the Los Angeles-Orange County-Riverside Metropolitan Area (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available, and b. To the nearest one dollar ($1.00).
C. In addition to adjusting the fees and charges for the cost-of-living changes annually under subsection B of this section, the chief of police, at any time, shall recommend, with the city manager’s approval, that the city council revise the fees and charges when a change in either the administration of the emergency alarm permits or the cost of police response makes the revision appropriate.
D. The chief of police may prepare, adopt, amend, and enforce rules, regulations, or procedures for calculating, collecting, paying, and administering the fees and charges under this chapter.
E. A copy of the resolution establishing the current fees and charges under this chapter will remain on file, and will be available for inspection, in the police department. (Ord. 5583 § 1, 2007)
8.12.136 Unpaid fee or charge—Civil debt.
When a person fails, neglects, or refuses to pay or remit the fees and charges authorized by this chapter, or when a person otherwise pays that fee but later cancels or stops payment on it, and in either situation that fee’s payment, collection, or remittance is lawfully due or owing, the entire amount of the unpaid, uncollected, or non-remitted emergency alarm fee constitutes a debt to the city by that person from whom the city may recover in a civil action. (Ord. 5583 § 2, 2007)