Ordinance No. 828ORDINANCE NO. 828
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ADDING ARTICLE IV, SECTIONS 20 -12 TO
20 -24 TO THE CODE OF THE CITY OF CYPRESS
RELATING TO ALARM SYSTEMS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article IV of Chapter 20, "Police," consisting
of Sections 20 -12 through 20 -24 is hereby added to the Code
of the City of Cypress to read as follows:
ARTICLE IV. ALARM SYSTEMS
20 -12 Definitions
20 -13 Registration
20 -14 Standards for Equipment and Operation
20 -15 Approval of Alarm Systems
20 -16 False Alarms
20 -17 Testing
20 -19 Prohibited Audible Sound Alarms
20 -20 Prohibition of Certain Direct Dialing Devices
20 -21 Duties and Obligations Not Created
20 -22 Discontinuance of Response to Alarms
20 -23 Violations
20 -24 Appeals
SECTION 20 -12. DEFINITIONS All words and phrases used in
this chapter which are defined in the California Private
Investigator and Adjuster Act (Business and Professions Code
Section 7500, et seq.) shall have the same meaning as in
said Act, and certain additional words and phrases used in
this chapter are defined as follows:
(a) Alarm System means any mechanical or electrical device
or combination thereof which is designed for the
detection of an unauthorized entry on or into any
building, place, or premises, or for alerting others of
the commission of an unlawful act, or both, and which
when actuated emits a sound or transmits a signal or
message. Alarm systems include, but are not limited
to, direct -dial telephone devices, audible alarms, and
proprietor alarms. Devices which are not designed or
used to register alarms that are audible, visible, or
perceptible outside of the protected building
structure, or facility are not included within this
definition, nor are auxiliary devices installed by the
telephone company to protect telephone company systems
which might be damaged or destroyed by the use of an
alarm system. The provisions of this article are not
applicable to alarms affixed to automobiles, boats,
boat trailers, or recreational vehicles.
(b) Audible Alarm means a device designed for the detection
of unauthorized entry on premises which generates an
audible sound on the premises when it is activated.
(c) Communications Section means the Police Department
facility used to receive emergency and general
information from the public to be dispatched to the
respective police units or other emergency equipment.
j5) Day means calendar day.
(e) Direct -Dial Telephone Device (automatic dialing device)
means any device which is interconnected to a voice -
grade telephone line and is programmed to select a
predetermined telephone number and transmits by
prerecorded voice message or code signal an emergency
response request.
(f) False Alarm means an alarm signal, either silent or
audible, necessitating response by the Police
Department where an emergency situation for which the
alarm system was designed or used does not exist
except for activation of an alarm system due to
abnormal natural conditions, such as fires, floods,
earthquakes, high winds or similar disasters.
(g) Person means any individual, firm, corporation, or
other business or non business entity.
(h) Police Alarm Board means the alarm - receiving center
located in the Police Department communications section
which receives, by direct connection, alarm and trouble
signals from subscriber's alarm systems.
(i) Police Chief and Police Department means the Police
Chief or designee, and the Police Department,
respectively, of the City of Cypress.
(j) Proprietor Alarm means any alarm which is not serviced
by an alarm company operator and which the Police do
not normally respond to unless called by telephone
after an alarm has indicated evidence requiring law
enforcement response.
(k) Subscriber means any person who purchases, leases,
contracts for, or otherwise obtains or uses an alarm
system.
SECTION 20 -13. REGISTRATION
(a) No alarm company operator or alarm agent (as defined in
Business and Professions Code Section 7590 et seq.),
nor their employees, shall install, maintain, or repair
any alarm system within the City unless the alarm
company operator and /or alarm agent have obtained a
business license and filed a copy of their State
Identification Card with the City Clerk.
(b) The issuance of an alarm permit shall be in addition to
any permit requirements which may be set forth in the
National Electrical Code.
(c) The following information shall be included on the
alarm permit application of a subscriber to an alarm on
a form filed with the City Clerk:
(1) Name, address, and phone number of the alarm
company and /or alarm agent installing,
maintaining, or repairing their alarm system.
(2) A description as to the type of alarm (such as,
but not limited to silent, audible, direct dialer,
or central office).
(3)
Name, address, and telephone number of person to
be called pursuant to an alarm activation.
- 2 -
(d) Each subscriber shall give written notice whenever any
change occurs in any information required under this
section within twenty -four (24) hours after the change
is effective.
(e) The following fees shall be paid by alarm users and
subscribers prior to issuance of an alarm permit:
(1) Business alarm users and subscribers: $25.00, fee
to be paid upon application, and annually
thereafter on or before the anniversary date of
the initial application.
(2) Residential alarm users and subscribers: No fee.
(3) Not withstanding these provisions, any person who
maintains an unregistered alarm system, business
or residential, after receiving a notice to
register, and fails to register the alarm system
within fifteen (15) days thereafter, shall be
subject to pay a fine as follows:
A) For the first violation, a fine
dollars ($30.00) shall be imposed.
C)
For the second violation, a fine
dollars ($50.00) shall be imposed.
of thirty
of fifty
For the third and subsequent violations, a
fine of one hundred dollars ($100.00) shall be
imposed.
SECTION 20 -14. STANDARDS FOR EQUIPMENT AND OPERATION
(a) All new alarm systems shall meet or exceed the minimum
standards for alarm systems as established by this
article. All existing alarm systems shall meet these
standards within one year of the effective date of this
Ordinance, unless the City Council modifies the
requirement upon a showing of good cause.
(b) All alarm systems terminating at the Police Alarm Board
shall include a device which will provide a minimum of
thirty (30) seconds delay of the original transmission,
and activate a signal immediately in such a manner as
to be perceptible to a person legitimately entering,
leaving, or occupying the premises. Alarm systems not
currently equipped with such a delay device must comply
with this regulation within ninety (90) days after the
effective date of this Ordinance.
This regulation shall not apply to alarm systems when
activation is accomplished by a manually operated
device or panic button.
(c) All alarm systems shall be supplied with an
uninterrupted power supply in such a manner that the
failure or interruption of the normal electric utility
service will not activate the alarm system. Said power
supply shall be capable of maintaining operation of the
alarm system for a minimum of six (6) hours.
(d) All audible alarm systems shall include a device which
will limit the duration of the audible sound to a
period of fifteen (15) minutes at a residential
location and thirty (30) minutes at a commercial
location. Those alarm systems installed prior to the
passing of this Ordinance and not equipped with an
automatic deactivator must comply with this requirement
within ninety (90) days after the effective date of
this Ordinance.
SECTION 20 -15. APPROVAL OF ALARM SYSTEMS
(a) No person shall install any alarm system without the
prior approval or conditional approval of the Chief of
Police. The Chief of Police may establish such forms
and procedures as are necessary to fulfill this
obligation.
(b) Any person, firm, or corporation denied approval by the
Chief of Police may appeal as provided in Section 20-
24.
SECTION 20 -16. FALSE ALARMS
Any person who maintains or has an alarm connected to the
Police Department Alarm Board and any person who maintains
any alarm systems regulated by this Article shall be subject
to pay a fine for false alarms as follows:
(a) For the first four false alarms in any calendar year,
no fine will be imposed.
(b) For the fifth false alarm in any calendar year a fine
of thirty dollars ($30.00) shall be imposed.
(c) For the sixth false alarm in any calendar year a fine
of fifty dollars ($50.00) shall be imposed.
(d) For the seventh and each subsequent false alarm in any
calendar year a fine of one hundred dollars ($1.00.00)
shall be imposed.
(e) The amount of the fines imposed for false alarms may be
amended as deemed appropriate by the City Council.
SECTION 20 -17. TESTING
A subscriber shall notify the Police Department prior to any
service, test, repair, maintenance, alteration, or
installation of an alarm system which might produce a false
alarm. An alarm activated subsequent to notification shall
not be counted as a false alarm for the purposes of Section
20 -16.
SECTION 20 -19. PROHIBITED AUDIBLE SOUND ALARMS
No alarm system shall emit a sound resembling an emergency
vehicle siren or civil defense warning. The Chief of Police
shall make the final determination regarding any question of
the compliance of an audible alarm within this section.
SECTION 20 -20. PROHIBITION OF CERTAIN DIRECT DIALING DEVICE°.,
No person shall install, use, or maintain any alarm system
which directly dials any telephone number in any office of
the City of Cypress. All systems which directly dial
telephone numbers in any office of the City of Cypress, and
which are in existence prior to the effective date of this
Ordinance shall, within ninety (90) days of the effective
date of this Ordinance, be eliminated or the system shall be
reprogrammed by the owner or operator of said system to dial
another number.
SECTION 20 -21. DUTIES AND OBLIGATIONS NOT CREATED
Nothing in this Article shall be construed to impose upon
the City or any officer or employee of the City, any duty or
any obligation of any kind to a subscriber or any other
person.
SECTION 20 -22. DISCONTINUANCE OF RESPONSE TO ALARMS
(a) The Chief of Police may discontinue response by police
officers to an alarm at a location when any of the
following conditions exist:
(1) When there are more than six (6) fines imposed
against a specific location for false alarms,
within a period of twelve months.
(2) When a fine for a false or unregistered alarm has
been levied against an alarm location, and the
party responsible for payment of the fine fails to
pay said fine within fifteen (15) days following
notification by City of the imposition of said
fine.
(b) At least fifteen (15) days prior to discontinuance of
response by police officers, the Chief of Police shall
notify the subscriber by mail of the action. The
subscriber may, within ten (10) days after mailing of
such . notice, request a meeting with the Chief of Police
to present material to rebut the basis of the
discontinuance. The subscriber may appeal the decision
of the Chief of Police pursuant to Section 20 -24 of
this ordinance.
(c) Reinstatement will occur when the subscriber and /or the
alarm operator and /or alarm agent have remedied the
problem causing the false alarms or when a past -due
prevention assessment has been paid.
(d) This Article is not intended to prevent a police
officer from responding to a person who calls and
advises of a crime in progress or who is in need of
police assistance.
SECTION 20 -23. VIOLATIONS
(a) Any person violating the provisions of this Article,
excluding Sections 20 -13 (e) 3 and 20 -16 hereof, shall
be guilty of an infraction, punishable by a fine of one
hundred dollars ($100.00).
(b) Any alarm installed or maintained in violation of this
Article is declared to be a public nuisance and may be
abated as provided by law.
SECTION 20 -24. APPEALS
(a) Whenever an appeal of the decision of the Chief of
Police is provided in this Article, the appeal shall be
to the City Manager, in written form, and filed with
the City Clerk within ten (10) days of the date of the
notice of the Police Chief's decision.
(b) If the decision of the Chief of Police is upheld by the
City Manager, the person seeking the approval may
appeal that decision to the City Council within ten
(10) days from the date of the notice of the City
Manager's decision by filing a written appeal with the
City Clerk. The decision of the City Council shall be
final and conclusive in this matter."
SECTION 2. Within ten (10) days of the effective date
of this Ordinance, all persons who have an alarm system, as
defined in Section 20 -12 (a) installed on their premises
shall submit to the City Clerk the information required by
Section 20 -13 (b).
SECTION 3. For a period of sixty (60) days from the
effective date of this Ordinance, any violations which occur
shall not be prosecuted, but the violator shall be issued a
warning and a copy of the provisions of this ordinance.
SECTION 4. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or
the application thereof, is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The
City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions or the
application thereof, be declared invalid or
unconstitutional.
SECTION 5. The City Clerk is hereby authorized and directed
to certify as to the passage of this Ordinance and to give
notice thereof by causing copies of this Ordinance to be
posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of said
City held on the llth day of September
1989 and finally adopted and order posted at a regular meeting
held on the 25th day of September , 1989.
rJ '0R OF THE CITY OF CYPRESS
GZ-frf-01.,
ATTEST:
CITY CLERK OF THE CI Y OF CYPRESS
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
I, DARRELL ESSEX, City Clerk of the City of Cypress,
California DO HEREBY CERTIFY that the foregoing Ordinance was
duly adopted at a regular meeting of the City Council of the City
of Cypress, held on the 25th day of September
1989, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS:None
ABSTAINED: 0 COUNCIL MEMBERS:None
ABSENT: 0 COUNCIL MEMBERS: None
CITY `LERK O*' THE CITY OF CYPRESS