Ordinance - 1438r
•
ORDINANCE NO.,1438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADDING A NEW CHAPTER
6 TO ARTICLE III OF THE WEST COVINA MUNICIPAL
CODE RELATING TO ALARM SYSTEMS.
The City Council of the City of West Covina does
hereby ordain as follows:
SECTION 1. Article III of the West Covina Municipal
Code is hereby amended by the addition thereto of a new
Chapter 6 to read as follows:
CHAPTER VII - ALARM SYSTEMS
3600. DEFINITIONS. For the purposes of this
Chapter, certain terms, phrases, and words shall be construed
as follows:
(a) "Alarm Agent" is any person who owns
or operates or is employed by an Alarm business
whose duties include the installation, altering,
maintaining, moving, repairing, selling, servicing,
responding to or causing others to respond to an
alarm system in or on any building, structure, or
facility.
(b) "Alarm System" is any mechanical or
electrical device that is designed or used for the
detection of intrusion into a building, structure,
or facility, or for alerting others of an event
within a facility, or both, which causes a local
audible alarm or the transmission of a signal or
message. Alarm systems include, but are not limi-
ted to, direct alarms, direct dial telephone
devices, audible alarms, proprietor alarms, and
supervised alarm systems. Devices that are not
designed or used to evoke a police response, or
used to register alarms that are intended to be
audible, visible or perceptible outside of the
protected building, structure, or facility are not
included within this definition, nor are auxiliary
devices installed by a telephone company to protect
its systems which might be,damaged or disrupted by
the use of an alarm system.
(c) "Direct Alarm" is any alarm system
installed within the City and connected directly to
either the City's centralized Communications Center
or an Alarm Company Central Monitoring Station by
either a leased telephone line, digital dialing
device, radio frequency, or other such direct means
other than a commercial telephone exchange trunk
line.
(d) "Direct Dial Alarm" is any alarm
system which is connected to a telephone device or
attachment, and when activated automatically
selects a telephone trunk line and then transmits
a pre-recorded message to report a burglary,
robbery, or other emergency.
(e) "Audible Alarm" is a device designed
for the detection of an intrusion on the premises,
which generates an audible sound at the premises when
actuated.
(f) "False -Alarm" is the activation of an
alarm system through mechanical failure, accidental
tripping, misoperation, malfunction, misuse, or the
neglect of the owner or lessee of an alarm system,
or of his employees or agents: Upon failure of the
West Covina Police Department to find any evidence
of intrusion or other need or cause for activating
an alarm system, a presumption of false alarm will
arise. False alarm shall not include activations
determined to be caused by earthquakes, violent
winds, or external causes beyond the reasonable
control of the owner or lessee of the alarm system.
(g) "Proprietor Alarm" means an alarm
that is not regularly serviced by an alarm agent.
(h) "Supervised Alarm" means an alarm
system monitored at a continuously manned Alarm
Company or proprietor central station which moni-
tors connected alarm systems for scheduled opening
and closing times and does not cause or request a
Police response to intrusion alarm activations
during the alarmed location's normal operating
hours.
(i) "Terminal Monitor Module" means a
device installed at the West Covina Communications
Center to which direct alarms are connected by
• means of a leased telephone line or digital dialing
device.
3601. TERMINAL ALARM MODULE.
.The City Manager may, with the approval of the City
Council, enter into appropriate agreements with an alarm agent
to provide a terminal monitor module. No other direct alarm
receiving mechanism or system shall be installed in the Com-
munications Center of the City unless specifically authorized'
by the City Manager.
3602.. CONNECTION TO MODULE.
Every direct alarm shall be allowed a direct con-
nection to the terminal monitor module upon payment of fees,
submission of required emergency data, adherence to all
provisions of this ordinance, and such other requirements as
may be duly established.
3603. GENERAL ALARM REQUIREMENTS.
(a) Delay device. All alarm systems,' other than
those set forth in subparagraphs (a) through (d) below, that
transmit a signal directly to the City's centralized Communi-
cations Center or an alarm company central station, through
either a terminal monitor module or a telephone dialer with a
pre-recorded message shall include a device which will provide
a minimum of twenty second delay of the original transmission
and activate a signal immediately in such a manner as to be
perceptible to a person lawfully entering, leaving, or occupy-
ing the premises. Such a device is intended to provide an
opportunity for the person having lawful control of the alarm
system to terminate its operation after activation, but prior
to the transmission of a false alarm. All alarm systems
1WZ
shall be required to include a delay device as described
herein within six months after the adoption of this Chapter.
The following alarm systems shall not be required to include
a delay device:
(1) Those interior alarm systems which
are activated as a "silent" alarm'to announce an
actual robbery in progress (commonly known as a 211
silent).
(2) Those alarm systems installations
which have been certified .by Underwriters Labora-
tories (UL) and the instant transmission of the
activation of which is.required to maintain its UL
certification. Proof of such certification shall
be provided to the City upon request.
(3) That portion of any alarm system
connected to windows, including display windows,
skylights, or other perimeter appurtenances other
than a normal means of entry and or exit.
(4) Supervised alarm systems.
(b) Response to location. Whenever an alarm sys-
tem has been activated, the owner or other person in respons-
ible control.of the facility wherein such system is located,
shall be present at such locations within one (1) hour after
being requested to do so by the West Covina Police Department.
Such person shall then inspect, or cause to be inspected, the
alarm system to ensure its proper operation. The City of
West Covina, -its elected and appointed officers and each and
every employee shall be held harmless for any malfunction of
such alarm system or for failure to respond to the alarm
• system.for whatever reason.
3604.. AUDIBLE ALARM REQUIREMENTS.
(a) All audible alarm systems shall include a
device that will limit the generation of the audible sound of
the system to not longer than 15 minutes after activation
where the alarm system is protecting a residential structure
and not longer than 30 minutes where the alarm system is
protecting a commercial structure.
(b) No person shall.install or maintain any audible
alarm system which creates a sound similar to that of an emer-
gency vehicle siren or a civil defense warning system.
(c) Every person maintaining an audible alarm sys-
tem shall post a notice containing the names and telephone
numbers of the persons to be notified to render repairs or
service and secure the premises during any hour of the day or
night that the alarm is activated. Such notice shall be
posted near the alarm in such a position as to be legible
from the ground level adjacent to the building, structure, or
facility where the alarm system is located.
3605. DIRECT DIALER RESTRICTIONS.
No person shall use, permit, or cause to be used any
.telephone device or telephone attachment that automatically
selects a public primary trunk line of the City or Police or
.Fire Departments, and then transmits a pre=recorded message.
Such devices may only be programmed for the specific tele-
phone line reserved for:that purpose and shall conform to the
following format:
-3-
A.. (type of alarm) has activated
at I(name and address of business or
residence) Please contact (name
and telephone number of person or alarm
agency who will respond to location)
Repeat message 3 times.
EXAMPLE: "A 459 audible alarm has activated at the
John Jones residence, 1234 East Main Street,
Apartment B. Please contact Sam Jones at
332-2344 A 459 audible alarm ... etc."
(repeated twice more).
3606. FALSE .ALARM PREVENTION.
Whenever the City's consolidated Communications
Center receives 6 false .alarms from .the same alarm location
during any one calendar year, an informal hearing shall be
held. Said informal hearing shall be conducted bya Board
consisting of the Chief of Police as Chairman, the Commun-
ications Director, and a representative from the City Manager's
office. The 'owner and/or lessee of said alarm system shall be
provided written notice of the date, time, and place of such
informal hearing. After evaluating all information presented
at said hearing, the Board may declare the alarm system a
nuisance and thereby determine that further Police response
to said alarm system should be denied until the owner or
lesseecan provide proof, at a subsequent hearing, that corr-
ective actions have been taken to remedy the situation, or
make such recommendations for corrective actions as the Board
deems. appropriate. The alarm owner or lessee shall be pro-
vided -written notice of the Board's determination within
fifteen (15) days after the hearing. Such notice shall in-
clude a statement of the reasons upon which the Board's deter-
mination was based and.the effective date of the provisions
contained therein.
3607. REINSTATEMENT OF POLICE RESPONSE.
In those cases where Police response has been
discontinued by the actions as set forth in Section 3606
of this Chapter, the alarm owner or lessee may request a
subsequent hearing to show proof that corrective actions
have been taken. Such requests shall be submitted in writing
to the Chief of Police. Upon receipt -of such letter, the
Chief of Police shall set the matter for an informal hearing
for the Board as soon as practicable and provide the alarm
owner and/or lessee written notice of the time, date, and
place of said hearing. The Board shall give the alarm owner
and/or lessee an opportunity to show proof that such correct-
ive actions have been taken. Based on the information
presented., the Board .may either determine that Police response
to the alarm system should continue to be denied, be rein-
stated, or recommend additional corrective actions. The
Board shall verbally advise the alarm owner and/or lessee of
its determination and the reasons therefore at the conclusion
of the hearing and provide written notice within five (5)
days thereafter.
3608. APPEAL.
The owner and/or lessee of an alarm,system who has
received'a notice of determination by the Board that Police
response has not been reinstated.as provided by Section 3607
of this Chapter, may appeal said determination to the City
Manager. Said appeal shall be made to the City Manager within
fifteen (15) days after receipt of said notice of determination
-4-
4 from the Board. Said appeal shall be in writing, briefly
stating therein the basis for'such appeal. Upon receipt of
such letter of appeal, the City Manager shall set the matter
for an informal hearing for him as soon as practicable and
shall give the appealing party,advance written notice of the
time and place of such hearing. The City Manager shall give
the appealing party and any other interested party a reason-
•
able opportunity to be heard. In all such cases the burden
of proof to show that the action of the Board was arbitrary,
or in excess of its authority, shall be upon the appealing
party. The determination of the City Manager shall be final
and conclusive.
3609. VIOLATIONS.
Any person violating any of the provisions of this
Chapter shall be deemed guilty of a misdemeanor (infraction)
and upon conviction thereof, shall be fined in an amount not
to exceed five hundred dollars ($500) or be.imprisoned in
the City jail for a period not to exceed six (6) months or
by both such fine and imprisonment. Each day such violation
is -committed or permitted tocontinue shall constitute a
separate offense and shall be punishable as such.
SECTION 2. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be published
in the manner prescribed by law.
PASSED AND APPROVED this 14th day of May ,
1979.
WXX Ak - WLAAARt- 0 0 f
1 • �
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I YVONNE CALDIES, City Clerk.of the City of West
Covina, do hereby certify that the foregoing Ordinance No.
1438 was _:.., adopted and passed at a regular
meeting of the City Council on the 2:14.th day of :�. Ma.y'. , 1979
by the following vote:
AYES: Councilmembers: Miller, Tice, Shearer, Browne, Chappell
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED AS TO FORM:
Cam`
City Attorney
i
rrCITY CLERK
-5-
C E R T I F I C A T I O N
State of California )
County of Los Angeles.) ss.
City of West Covina )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of California., do hereby certify
that a true and accurate copy of Ordinance No. 1438
was published, pursuant to law, in the West Covina.
Tribune, a. newspaper of general circulation published
and circulated in the City of West Covina..
•
Dated 9/10/79.
Janet erry, Depu y ty Clerk
City of West Covina., California.
or,