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ORD 174 ORDINANCE NO. 174 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO BURGLARY, ROBBERY, AND FIRE ALARM SYSTEMS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. (a) The majority of burglary and holdup alarms to which law enforcement responds are false. Such false alarms result in an enormous waste of police services. Such a large percentage of false alarms may lull law enforcement officers into a sense of false security. (b) Alarm systems which automatically and directly dial any emergency phone number are prone to be activated by current failures or other events having no connection with criminal activity. This ties up emergency phones and makes them unavailable to receive genuine emergency calls. (C) The danger to citizens through emergency response created by false alarms is unnecessary and hazardous. (d) The unnecessary waste of tax dollars through response created by false alarms must be reduced. (e) False burglar and holdup alarms have created conditions causing danger and annoyance to the general public. Section 2. Chapter 9 .04 of Title 9 of the Rancho Palos Verdes Municipal Code is amended to read in full as follows: CHAPTER 9.04 BURGLAR ALARMS Section 9.04.010. Definitions. As used in this Chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. (a) Alarm Owner means the person who uses or makes available any alarm system for use by his or her agents, employees, representatives or family. (b) Alarm System means any mechanical or electrical device which is designed or used for the detection of fire, intrusion into a building, structure or facility, and for alerting persons of such an event within a building, structure, or facility by means of a local audible alarm or transmission of a signal or message. Alarm systems include, but are not limited to, direct dial tone devices, audible alarms , and SLD27-22A proprietor alarms. Devices which are not designed or used to evoke a police or fire response or that are not intended to be audible, visible, or perceptible outside of the protected building, structure, or facility are not included within this definition. Also excluded are auxiliary devices which might be damaged or disrupted by the use of an alarm system. (c) Appellant means a person who files an appeal pursuant to this Chapter. (d) Applicant means a person who files an application for a permit as provided for in this Chapter. (e) Audible Alarm means a device designed for the detection of a fire or of an intrusion which generates an audible sound on the premises when it is activated. (f) City means the City of Rancho Palos Verdes. (g) Day means a calendar day. (h) 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 indicating a need for emergency response. ( i) False Alarm shall mean an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect. 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. It shall be the responsibility of the owner or lessee of the system to show that the cause was beyond their control. ( j ) Person means an individual, firm, corporation, association, partnership, individual, organization, or company. (k) Proprietor Alarm means an alarm which is not regularly serviced by an alarm business. Section 9.04.020. Direct Dial Telephone Device. No person shall install or use any alarm system which is equipped with a direct dial device which automatically dials any telephone number in any office of the Sheriff or Fire Department. Section 9.04.030. Audible Alarm Requirement. For every audible alarm, the alarm owner thereof shall, in a location clearly visible from outside the premises, post 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 automatically terminate within fifteen (15) minutes of its being activated. -2- ORD. NO. 174 SLD27-23A f } Section 9.04.040. Prohibitions. No person shall install or use an alarm system which, upon activation, emits a sound similar to sirens in use for emergency vehicles or Civil Defense purposes. Section 9.04.050. Corrective Action. After any false alarm responded to by the Sheriff, a written report shall be submitted by the permittee describing actions taken to eliminate the cause of the false alarm if requested by the Sheriff. This report shall be submitted within ten (10) days of the date requested by the Sheriff. Section 9.04.060. Requirement for Alarm Permit. In the event that an alarm owner sustains three false alarms within a twelve month period, the alarm owner shall not operate or use the alarm system after receiving notice from the Administrative Service Officer to cease operation of the alarm system. The alarm system shall not again be operated or used until the alarm owner obtains a permit from the City. The permittee has the right to appeal the deter- mination of the Administrative Services Officer that the alarm owner has sustained three false alarms in a twelve month period pursuant to Section 9.04.100. Section 9.04.070. Application for Permit. Application for an alarm permit shall be filed with the Administrative Services Officer on forms provided by the City, and the applicant shall, at the time of application, pay fee of $50.00, or such other amount as is established by resolution of the City Council. The application shall be signed and verified by the owner or lessee of the alarm system for which the permit is requested, and the application shall contain such information as may be required by the City Manager. Section 9.04.080. Investigation. Upon receiving an application for an alarm permit, the Administrative Services Officer, or other person designated by the City Manager, shall cause an investigation to be made of the system to determine if the system complies with the require- ments of this Chapter and if the alarm owner has taken appropriate measures to insure that the causes of the false alarms have been eliminated. If the Administrative Services Officer so finds, the permit shall be issued. The permit may be issued with conditions to reduce the risk of false alarms. Section 9.04.090. Suspension and Revocation of Permits. An alarm permit may be suspended by the Administrative Services Officer if, after investigation, the Administrative Services Officer determines that the permittee has violated any provision of this Chapter, has violated any rules or regulations promulgated by the City pursuant to authority granted by this Chapter, has failed to comply with any condition of an alarm permit, or has sustained ORD. NO. 174 SLD27-24A three false alarms within a twelve month period, regardless of whether any of said false alarms occurred prior to the date of issuance of the permit. The Administrative Services Officer shall send to the permittee, by registered or certified mail, return receipt requested, notice of the suspension of the permit specifying the violation or viola- tions determined to exist and. indicating that the permittee has the right to appeal the determination to suspend the permit to the City Manager. The notice shall also state that the failure of the permittee to appeal the suspension within 15 days of the mailing of the notice shall result in automatic revocation of the permit upon the expiration of said 15 day period. Section 9.04.100. Notice of Appeal. If an alarm owner is aggrieved by any action of the Administrative Services Officer pursuant to the provisions of Sections 9.04.060, 9.04. 080, 9.04.090, the permit holder may appeal to the City Manager by filing with the City Manager a Notice of Appeal setting forth the facts and circumstances regarding the appeal. A Notice of Appeal shall be filed not later than fifteen (15) days after service of the notice provided for in Sections 9.040.060 and 9.04. 090 of this Chapter. The City Manager, or his duly authorized representa- tive, shall within fifteen (15) days of the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the permittee, the Administrative Services Officer and any other interested party, make findings, and determine the merits of the appeal. The City Manager may affirm, overrule, or modify the decision of the Administrative Services Officer, and the decision of the City Manager or his duly authorized representative shall be final. Section 9.04.110. Infractions. Violations of this Chapter shall be deemed an infraction and shall be punishable by (1 ) a fine not exceeding fifty dollars ($50) for a first violation; (2) a fine not exceeding one hundred dollars ($100) for a second violation within one year; (3) a fine not exceeding two hundred fifty dollars ($250) for each additional violation within one year. Section 9.04.120. It shall be unlawful for a person to maintain, use, or possess an alarm system which causes three false alarms within a twelve-month period. Each subsequent false alarm during the twelve-month period shall be considered a separate violation of this section. Section 9.04.130. Limitations on Liability. The City of Rancho Palos Verdes is under no obligation or duty to any permittee or any other person by reason of any provision of this Chapter or the exercise of any privilege by any permittee hereunder, including but not limited to any defects in a police or fire alarm system, any delay in transmission of an alarm message to any emergency unit or damage caused by delay in responding to any alarm by any City officer, employee, or agent. -4- ORD. NO. 174 SLD27-25A Section 9.04.140. Exemptions. The provisions of this Article 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. Section 2. Severability. If any provision or clause of this Chapter or application thereof to any person or circumstance is held invalid, such invalidity II/ shall not effect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. PASSED, APPROVED, AND ADOPTED this 16th day of August , 1983. i ( , MAYOR / ATTEST: i i i / - t Ab 41.4 VIAL 27 A di f Ci f Cl -r , v 1v v STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF RANCHO PALOS VERDES ) I , MARY JO LOFTHUS, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is four ; that the foregoing ordinance, being Ordinance No. 174 I passed first reading on August 2 , 1983 was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on the 16th day of August . 1983 , and that the same was passed and adopted by the following roll call vote: AYES: COUNCILMEMBERS: BACHARACH, DYDA, HEIN, & RYAN 11/ NOES: ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: ABSTAIN: NONE ft „, 4 tr i , City Clerk, Ci c 41os Verdes t, -5- ORD. NO. 174 ORDINANCE • : / „. .. File # , / .1--4� SUBJECT: ' A - / ,,, ,,,, , dr_,,,,, j”, ‘, ___26.2 :19T.,_,„_ . i i - ' - — - 1 - -At - 0 /, . _.: _ ._,__;:el.„...." a-IA---1---- /..i.tes._-_'..e.t...-_ _ /f7.-- ,e - -7-&-ee---x_ • ce,---26e- , , INTRODUCED: eN , ADOPTED. gii.6 -3.._... PSAP/Milliniff ORDINANCE DISTR IBUTION: RESOLUTION DISTRIBUTION: City Attorney PUBLIC WORKS DEPARTMENT Richards, Watson, Dreyfuss & Gershon PLANNING DEPARTMENT 333 So. Rope Street 38th Floor PARKS & RECREATION DEPARTMENT Los Angeles, CA 90071 • COMMUNITY SERVICES DEPARTMENT CODE AMENDMENT FILE r CITY MANAGER,, ,,, i , 410-POST 04 . 60/.0/, TATION COMMANDER 26123 NARBQNNE AVENUE I Book Publishing Co. 90717 rn Avenue LOMIT2518 Weste A, CA Seattle, WA 98121 COUNTY ASSESSOR 500 HALL OF ADMINISTRATION ACCOUNTING DEPARTMENT LOS ANGELES, CA 90012 ANG , ADMINISTRATIVE ASSISTS COUNTY ENG WEER- Marvin Lowe R 24320 SO. NARBONNE AVENUE COMMUNITY RELATIONS OFFICER LOMITA, CA 90717 PACIFIC TELEPHONE L. A. COUNTY ROAD DEPARTMENT 19310 GATEWAY DRIVE Attn: Ray Bunco ROOM 208 1a5 4 0 ALCAZAR STREET TORRANCE CA 90502 LOS ANGELES, CA 90033 SPCA .- ..--- 5026 WEST JEFFERSON BOULEVARD LOS ANGELES, CA 90016 SOUTHERN CALIFORNIA WATER SERVICE P. O. Box 2490 GAS COMPANY SO. CALIFORNIA 22741 SAWTHORNE BOULEVARD Palos Verdes Peninsula, CA 90274 � TORRAN , CA 90501 SO. CALIFORNIA EDISON COMPANY P. 0. BOX 2944 • TORRANCE, CA :90509 REGISTRAR-RECORDER LEAGUE OF CALIFORNIA CITIES 5557 FERGUSON DRIVE 702 HILTON CENTER LOS ANGELES S 9 0 02 2 LOS ANGELES, CA 90017 ATTENTION: MARGARET MILLER ELECTION ADMINISTRATION SCHOOL *--/A_LegiA,,v607,u2._ )),Le. •+ I dc ` HOMEOWNERS ASSOCIATION t--1 ---466?idetttaeej n2. ` ! -- d, ,, APPLICANT l . a A3.3, C- ° REGI STP)R RECORDER oNt_h,a_i_ii g el 227 NORTH BROADWAY LOS ANGELES, CA 90012 '9) / . -5&. )61161- ' -Z REGISTRAR OF VOTERS C� �-' FERGUSON DRIVE )2._ f � 5557 FE CITY OF COMMERCE CA 90022 T. M. CABLEVISION 31244 P. V. DRIVE WEST SUITE 207 RANCHO PALOS VERDES, CA 9027 "w'.wiaarw*wrb■ewPmrgao■Nwsms*www•NMIN...W.O..e.rr..Pg...',IMPPP.~..W1~.'..W.rlAfIP.P...Ps.P.PP........P..".r..............".:"1".". -.1.1:4""""""":". ......"...'"..."21.."4"1".".."'""1"Pr -----.. .4. ;t