HomeMy WebLinkAboutORD 04 (1993)ORDINANCE 04 (1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR REPEALING, IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13
OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND
ESTABLISHING REQUIREMENTS AND STANDARDS RELATING TO
PUBLIC SAFETY ALARM SYSTEMS.
A. Recitals.
(i) The City Council finds and declares that the
majority of all burglary and robbery alarms that occur are false
and constitute a public nuisance;
(ii) The City Council further finds and determines that
false alarms create conditions which are dangerous to law
enforcement officers and other safety personnel;
(iii) Law enforcement agencies spend countless hours
responding to false alarms resulting in an enormous strain on the
resources of these agencies and detracting law enforcement officers
from responding to real criminal activity;
(iv) Alarm systems which automatically and directly dial
any emergency phone number are very prone to be activated by
electrical failures or other events having no connection with
criminal activity. This can tie up emergency phone lines making
them unavailable to receive genuine emergency calls;
(v) The City Council has heretofore adopted Chapter
13.05 of Title 13 of the Los Angeles County Code. However, said
Chapter, which regulates burglary and robbery alarms, provides no
incentive to alarm owners to deal directly with the problem of
false alarms and formulate their own ideas, solutions, and
mitigation measures to prevent false alarms from occurring time and
time again. Therefore, the City Council finds it necessary to
repeal this chapter, in its entirety, provided that said repeal
shall not apply to or excuse any violation thereof occurring prior
to the effective date of this Ordinance; and
(vi) The City Council finds and determines that the
adoption of this ordinance setting forth requirements and standards
relating to public safety alarm systems within the City is in the
publics best interest in that it eliminates unnecessary waste of
tax dollars through emergency response to false alarms, protects
law enforcement officers and other safety personnel from needless -
risks to their safety, and releases emergency phone lines for
genuine emergency calls.
(vii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW THEREFORE, the City Council of the City of Diamond Bar
does ordain as follows:
Section 1. In all respects as set forth in the Recitals,
Part A, of this Ordinance.
Section 2. Chapter 13.05 of Title 13 of the Los Angeles
County Code, as heretofore adopted by reference, is hereby
repealed, provided however that said repeal shall not apply to nor
excuse any violation of said Chapter occurring prior to the
effective date of this Ordinance.
Section 3. The following provisions are hereby adopted as
the Public Safety Alarm Systems Ordinance of the City of Diamond
Bar to read, in words and figures, as follows:
"PUBLIC SAFETY ALARM SYSTEMS
Sections:
3.1.0 Definitions.
3.2.0 Direct dial telephone devices.
3.3.0 Alarm systems --Registration required.
3.4.0 Audible alarms --General requirements.
3.5.0 Audible alarms --Prohibited sounds.
3.6.0 False alarm.
3.7.0 Repair.
3.8.0 Notification of test.
3.9.0 Maintaining a public nuisance alarm.
3.10.0 Exemptions.
3.11.0 Penalties for Violation.
3.12.0 Civil Remedies Available.
3.13.0 Enforcement.
Section 3.1.0 Definitions. For purposes of this Ordinance,
the following words and phrases shall be construed to have the
meanings herein defined unless it is apparent from the context that
a different meaning is intended.
A. "Alarm owner" means the person or entity that owns,
operates, leases, rents, uses or makes available for use by his
agents, employees, representatives or family, any alarm system.
B. "Alarm system" means any mechanical or electrical device,
whether known as a burglary, robbery or intrusion alarm, medical
assistance alarm, direct dial telephone device, audible or silent
alarm or by any other name, an alarm that is used for the detection
of a fire, intrusion into a building, structure or facility, or to
signal the commission of an unlawful act, or the existence of any
other emergency situation. It shall include those devices which
emit a signal within the protected premises only, are supervised by
the proprietor of the premises where located, and are otherwise
known as "proprietary alarm systems." Auxiliary devices installed
by a telephone company to protect telephone company systems which
might be damaged or disrupted by the use of an alarm system are not
included in this definition.
C. "Audible alarm" means an alarm system which, when
activated, emits an audible sound in the vicinity of the protected
premises.
D. "Direct dial device" means a device which is connected to
a telephone line and upon activation of an alarm system,
automatically dials a predetermined telephone number and transmits
a message or signal.
E. "False alarm" means an alarm signal activated by causes
other than the existence of an emergency situation or commission or
attempted commission of an unlawful act, which the alarm system is
designed to detect, and results in a response by the Sheriff to the
alarm location. An alarm signal activated by violent conditions of
nature or other extraordinary circumstances not subject to the
control of the alarm owner shall not constitute a false alarm.
F. "Sheriff:' means the Sheriff of the County of Los Angeles
or his/her designee.
Section 3.2.0 Direct dial telephone devices. No person shall
use any alarm system which is equipped with a direct dial device,
and which when activated, automatically dials any telephone number
in any office of the sheriff.
Section 3.3.0 Alarm systems --Registration required.
A. Any alarm owner installing, maintaining, replacing, or
using any type of security or emergency alarm system in the City
shall provide to the Sheriff, in the form provided by the City or
Sheriff, information on the alarm location, type of alarm system
(e.g., on or off -premises signal), name of business (if
applicable), names, addresses, and telephone numbers of all persons
to be notified to render repairs or service during any hour of the
day or night. Such form shall be promptly updated should any
change in the information provided therein occur.
B. The information furnished to the Sheriff pursuant to this
Ordinance shall be confidential, 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 Ordinance.
Section 3.4.0 Audible alarms --General requirements. The
alarm owner of each audible alarm shall post in a conspicuous
location outside the premise where the alarm is located the names
and telephone numbers of persons to be notified to render repairs
or service during any hour of the day or night during which the
audible alarm is operated. An audible alarm shall terminate its
sound, or shall automatically reset, within thirty (30) minutes of
activation.
Section 3.5.0 Audible alarms --Prohibited sounds. No alarm
system shall be installed or used which emits a sound which is
similar to that of an emergency vehicle siren or a civil defense
warning system.
Section 3.6.0 False alarm. A person shall not knowingly
turn in a report of a false alarm. This section does not prohibit
a -test of an alarm system as permitted in advance by the Sheriff.
Section 3.7.0 Repair. After any false alarm, the alarm
owner shall, upon request by the Sheriff, submit a written report
to the Sheriff, describing actions taken or to be taken to
eliminate the cause of the false alarm. This report shall be
submitted within ten (10) days of the date of request by the
Sheriff.
Section 3.8.0 Notification of test. An alarm owner shall
notify the Sheriff prior to any service, test, repair, maintenance,
alteration, or installation of an alarm system which might produce
a false alarm.
Section 3.9.0 Maintaining a public nuisance alarm.
A. Any alarm system which generates three (3) or more false
alarm in any twelve (12) month period shall be deemed to be a
public nuisance alarm. A service charge in an amount prescribed by
resolution of the City Council shall be charged to an alarm owner
of a public nuisance alarm system for each subsequent false alarm.
B. After each false alarm, the City shall notify the alarm
owner in writing of the date and time that the Sheriff responded to
said false alarm. The alarm owner shall also be notified in
writing in each instance of the number of false alarms of record
attributed to that alarm system within the previous twelve (12)
month period. The alarm owner shall further be informed in writing
of the provisions of this section and of any service charge or
other penalties to be imposed.
C. Within ten (10) days from the date of said notice, the
alarm owner may present written evidence to the Sheriff that the
alarm response in question was not in fact a false alarm as defined
herein, or that there was a justifiable reason for the activation
of the alarm. If no such response is made by the alarm owner
within said ten (10) day period, the Sheriff's determination that
the alarm was false shall be final. Within ten (10) days of
receipt of written evidence from an alarm owner, the Sheriff shall
render a decision which decision shall be final.
Section 3.10.0 Exemptions. The provisions of this ordinance
are not applicable to audible alarms affixed to motor vehicles or
to a public telephone utility whose only duty is to furnish
telephone service pursuant to tariffs on file with the California
Public Utilities Commission. No false alarms shall be counted
against an alarm owner that were the result of an act of God,
natural disaster, or interruptions of electrical service not due to
the alarm owner.
Section 3.11.0 Penalties for violation.
A. Any person violating Sections 2.01 3.0, 5.0, or 6.0 of
Section 3.11.0 Penalties for violation.
A. Any person violating Sections 3.2.0, 3.3.0, 3.4.0, 3.5.0,
3.6.0 or 3.8.0 of this Ordinance shall be deemed to have committed
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00), or by
imprisonment not exceeding six ( 6 ) months, or by both such fine and
imprisonment.
B. Each person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions
of this Ordinance is committed, continued or permitted by such
person, firm, partnership, or corporation, and shall be deemed
punishable therefor as provided in this Ordinance.
Section 3.12.0 Civil Remedies Available. Violation of any
of the provisions of this Ordinance shall constitute a nuisance and
may be abated in the name of the City in any court of competent
jurisdiction through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner provided
by law for the abatement of such nuisances.
Section 3.13.0 Enforcement.
A. The amount of any service charge shall be deemed a debt
to the City. All service charges shall be deemed delinquent fifteen
(15) days after they are due and payable.
B. Pursuant to California Government Code Section 38773, the
City may recover any and all costs incurred in abating a violation
or violations of this Ordinance, including the imposition of a lien
against the property on which the nuisance is maintained.
C. Prior to the recordation of a lien against property for
the recovery of abatement and other related administrative costs,
the City, in accordance with Section 38773.1 or 38773.5 of the
California Government Code, shall provide written notification, by
registered or certified mail, to the property owner that a lien
will be assessed against their property and such costs will
constitute a lien upon the land until paid.
Section 4. Severability. The City Council declares that,
should any provision, section, paragraph, sentence, or word of this
Ordinance be rendered or declared invalid by any final court action
in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions, section,
paragraphs, sentences, and words of this Ordinance shall remain in
full force and effect.
Section 5,. Remedies Cumulative. The remedies provided in
this Ordinance ara in addition to other remedies and penalties
available under provisions of applicable ordinance of the City and
the laws of the State of California.
Section 6. No mandatory duties created hereby. In
adopting this Ordinance, it is the City Council's intent to further
and promote the goals set forth in Recitals, Part A, of this
Ordinance, but without creating, expressly or by implication, any
mandatory or non -delegable duties on the part of the City of
Diamond Bar or any of its officers, officials, or employees.
Section 7. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be posted in three (3)
public places within the city of Diamond Bar within fifteen (15)
days after its passage in the manner prescribed by Resolution No.
89-6.
ADOPTED AND APPROVED this 17th day of August , 1993.
11',�A161 -
# (,X / Mayor
I, LYNDA BURGESS, the City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was introduced
at a regular meeting of the Council of the City of Diamond Bar held
on the 3rd day of August, 1993, and was finally passed at a regular
meeting of the Council of the City of Diamond Bar held on the 17th,
day of August, 1993, by the following Roll Call vote:
AYES: COUNCILMEMBERS: Maor Pro Tem pen,
MacBride, Forbing, Werxer, Mayor Mi ler
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ATTEST:
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L da Burgess,, zty�Clerk_
City of Diamond -Bar