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.
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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.
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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
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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
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City Clerk, Ci c 41os Verdes
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-5- ORD. NO. 174
ORDINANCE • : / „. .. File # , / .1--4�
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ORDINANCE DISTR IBUTION: RESOLUTION DISTRIBUTION:
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