ORD 333 ORDINANCE NO.333
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 9.04 (BURGLAR ALARMS) OF THE CITY OF RANCHO PALOS VERDES
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS
FOLLOWS:
Section 1: Chapter 9.04 of Title 9 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 9.04
BURGLAR ALARMS
Sections:
9.04.010 Definitions.
9.04.020 Direct dial telephone device.
9.04.030 Audible alarm requirement.
9.04.040 Prohibited alarm sounds.
9.04.050 False alarms.
9.04.060 Limitations on liability.
9.04.070 Exemptions.
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. Administrative analyst means the person to whom the city manager
assigns the duties to enforce this chapter.
B. Alarm owner means the person who uses or makes any alarm system
available for use by his or her agents, employees, representatives or family.
C. 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 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.
D. Appellant means a person who files an appeal pursuant to 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.
ORDINANCE NO. 333
PAGE 1
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 means an alarm signal which the alarm owner cannot
prove was activated by 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 shall not constitute a false alarm.
J. Fiscal year means the period from and including July 1 of any year to
and including June 30 of each following year.
K. Person means an individual, firm, corporation, association, partnership,
individual, organization, or company.
L. Proprietor alarm means an alarm which is not regularly serviced by an
alarm business.
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.
9.04.030 Audible alarm requirements.
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 minutes of its being activated.
9.04.040 Prohibited alarm sounds.
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.
9.04.050 False alarms.
A. Public Nuisance. It is declared to be a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any property in the city
to cause, or to permit, an alarm system on such property to be activated, other than
by commission or attempted commission of an unlawful act which the alarm system is
designed to detect, more than twice within any fiscal year. Any response from the
Sheriff s Department with respect to such a false alarm shall constitute summary
abatement of such a nuisance.
B. Fee. Every person owning an alarm system shall p a Y a fee in the
amount of$100.00 for each false alarm requiring a response from the Sheriff s
Department to the premises where the alarm is located that exceeds two (2) law
enforcement responses within any fiscal year. The fee shall be paid within twenty (20)
days following service by mail by the City of notice that the alarm system sustained a
false alarm, including a billing statement, unless within said period the alarm owner
files an appeal pursuant to paragraph C of this Section.
C. Appeal. If an alarm owner is aggrieved by any action of the
administrative analyst pursuant to the provisions of this Section, the alarm owner may
ORDINANCE NO. 333
PAGE 2
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 twenty (20) days after service of the notice provided for in
paragraph B of this Section. The city manager, or his or her duly authorized
representative, shall within fifteen days of the date on which the appeal is filed, hold a
hearing, consider all relevant evidence produced by the permittee, the administrative
analyst 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 analyst. The decision of the city manager or the city manager s duly
authorized representative shall be final. If the city manager determines that the alarm
owner must pay a fee, the fee shall be paid within twenty (20) days following service
by mail by the City of notice of the city manager s decision.
D. Special assessment. Should any alarm owner fail, refuse or neglect to
pay the required fee within sixty (60) days after it becomes due pursuant to paragraph
B or C of this Section, the City may, at its option, proceed to make the amount of
such delinquent fee a special assessment against the parcel on which the alarm
system was located. The City Clerk shall prepare, once a year, a report of delinquent
fees under this Section, and shall fix a date, time and place for a hearing on the
delinquent fees and any objections or protests thereto. At least ten (10) days prior to
the date of the hearing, the City Clerk shall mail, by certified mail, notice of the
hearing to the property owners listed on the report. Such notice shall contain a
description of the property, shall specify that the property may be sold after three
years by the tax collector for unpaid delinquent assessments, and shall specify the
date, time, and place when and where the City Council will hear and pass upon the
report, together with any objections or protests which may be raised by any person
liable to be assessed. At the hearing, the City Council shall consider the report of the
City Clerk, together with any objections or protests of landowners liable to be
assessed for delinquent fees. The City Council may order such revisions, corrections,
or modifications to the report as it may deem just, after which the report and the
proposed assessment, as submitted, or as revised, corrected, or modified, shall be
confirmed by resolution. The delinquent fees set forth in the report as confirmed shall
constitute special assessments against the respective parcels of land and are a lien
on the properties for the amount of the delinquent fees. A certified copy of the
confirmed report shall be filed with the county auditor for the amounts of the
respective assessments against the respective parcels of land as they appear on the
current assessment roll.
9.04.060 Limitations on liability.
The city is under no obligation or duty to any alarm owner or any other person
by reason of any provision of this chapter or the exercise of any privilege by any
alarm owner under this chapter 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.
9.04.070 Exemptions.
The provisions of this chapter 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.
ORDINANCE NO. 333
PAGE 3
Section 2: The rights given by any approval granted under the terms of Chapter
9.04 of the Rancho Palos Verdes Municipal Code prior to the effective date of this
Ordinance shall not be affected by the amendments to Chapter 9.04 by this ordinance
and shall continue in effect until they are modified, revoked, expire or any otherwise
terminated according to the terms of the approval or the terms of Chapter 9.04 as they
existed on the day before the effective date of this ordinance.
Section 3: The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 7th day of April, 1998.
MAY,/
ATTEST:
ITY C ERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify
that the whole number of the members of the City Council at said City is five; that the
foregoing Ordinance No. 333, passed first reading on March 17, 1998, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
April 7, 1998, and that the same was passed and adopted by the following roll call vote:
AYES: HOLLINGSWORTH, BYRD, LYON AND McTAGGART
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR F E RRARO
qi 1
01 CLERK
(
ORDINANCE NO. 333
PAGE 4
ORD. NO. 333
L RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and
says:
That at all times herein mentioned , she was and now is
the appointed City Clerk of the City of Rancho Palos Verdes;
That on April 9, 1998 she caused
to be
posted the following document entitled:
AMENDING CHAPTER 9. 04 (BURGLAR ALARMS) OF THE CITY OF RANCHO
PALOS VERDES MUNICIPAL CODE.
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U. S. Post Office
28649 S. Western Ave. Ladera Linda Community Center
Rancho Palos Verdes . 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd. Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd . ,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting .
_ v
F
1 CITY CLER
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274.5391 / (213) 377-0360