Ordinance - 2335ORDINANCE NO.2335
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, FINDING THAT THIS ORDINANCE IS NOT
SUBJECT TO REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, REPEALING CHAPTER 4.5
(ALARM SYSTEMS) AND AMENDING THE WEST COVINA
MUNICIPAL CODE WITH THE ADDITION OF A CHAPTER 4
(POLICE ALARM SYSTEMS) PERTAINING TO ALARM
REGISTRATION, A REGULATORY SCHEME FOR ADMINISTERING
AND MANAGING THE CITY'S RESPONSE TO ALARMS, FEES,
FINES, APPEAL PROCESS, AND PROVIDING OTHER MATTERS
PROPERLY RELATING THERETO
WHEREAS, the vast majority of alarms to which the Police Department responds are False
Alarms, which are reported to the Police by alarm companies.; and
WHEREAS, most False Alarms are the result of improper maintenance or improper or
careless use of an Alarm System; and
WHEREAS, the public and Police Officers are subjected to needless danger when the
Officers are called to respond to False Alarms; and
WHEREAS, Officers responding to False Alarms are not available for other Police duties;
and
WHEREAS, in the interest of using limited Police resources most effectively and
efficiently, the number of False Alarms can and must be reduced.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: The City Council finds that all the facts, findings, and conclusions set
forth above in this Ordinance are true and correct.
SECTION NO.2: The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION NO. 3: Chapter 4.5 (Alarm Systems) of the West Covina Municipal Code is
hereby repealed in its entirety.
SECTION NO.4: The West Covina Municipal Code is hereby amended with the
addition of a new Chapter 4 (Police Department Alarm Systems) as follows:
Chapter 4.0 — Police Department Alarm Systems
Sec. 4.0-1 - Purpose.
The City of West Covina Council finds and declares that:
(a) The vast majority of alarms to which the Police Department responds are False
Alarms, which are reported to the Police by alarm companies.
(b) Most False Alarms are the result of improper maintenance or improper or careless
use of an Alarm System.
(c) The public and Police Officers are subjected to needless danger when the Officers
are called to respond to False Alarms.
(d) Officers responding to False Alarms are not available for other Police duties.
(e) In the interest of using limited Police resources most effectively and efficiently, the
number of False Alarms can and must be reduced.
(f) The purpose of this Chapter is to reduce the dangers and inefficiencies associated
with False Alarms and to encourage alarm companies and property owners to
maintain the operational reliability, properly use Alarm Systems, and to reduce or
eliminate False Alarm Dispatch Requests.
(g) This Chapter governs systems intended to summon a Police response, establishes
fees, fines, establishes a system of administration, sets conditions for the suspension
of a Police response and establishes a public education and training program.
Sec. 4.0-2 - Definitions.
For purposes of this Chapter, the following terms shall have the following meanings:
(a) Alarm Administrator means the Person or Persons designated by the Police
Department to administer the provisions of this Chapter.
(b) Alarm Agreement means the legal contract or agreement by and between the Alarm
Installation Company and/or Monitoring Company and the Alarm User.
(c) Alarm Agreement Holding Company means the Alarm Installation Company or
Monitoring Company that holds the Alarm Agreement with the Alarm User.
(d) Alarm Installation Company means a Person in the business of selling, providing,
maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm
System at an Alarm Site for compensation, and includes individuals or firms that
install and service Alarm Systems used in a private business or proprietary facility.
(e) Alarm Dispatch Request means a notification to the Police Department that an
alarm, either manual or automatic, has been activated at a particular Alarm Site.
(f) Alarm Registration means a registration and unique Number issued by the Alarm
Administrator to an Alarm User, which authorizes the operation of an Alarm
System.
(g) Alarm Response Manager (ARM) means a Person designated by an Alarm
Installation Company and Monitoring Company to handle alarm issues for the
company and act as the primary point of contact for the City's Alarm Administrator.
(h) Alarm Site means a location served by one or more Alarm Systems. In a multi -unit
building or complex, each unit shall be considered a separate Alarm Site if served
by a separate Alarm System. In a single unit building that houses two or more
separate businesses with separate Alarm Systems, each business will be considered
a separate Alarm Site.
(i) Alarm System means a device or series of devices, which emit or transmit an
audible or remote visual or electronic alarm signal, which is intended to summon
Police response. The term includes hardwired systems, surveillance cameras and
systems interconnected with a radio frequency method such as cellular or private
radio signals, and includes Local Alarm Systems, but does not include an alarm
installed in a motor vehicle or a system which will not emit a signal either audible
or visible from the outside of the building, residence or beyond, but is designed
solely to alert the occupants of a building or residence.
(j) Alarm User means any Person who has contracted for Monitoring, repair,
installation or maintenance service for an Alarm System from an Alarm Installation
Company or Monitoring Company, or who owns or operates an Alarm System
which is not monitored, maintained or repaired under agreement.
(k) Alarm UserAwareness Class means a class conducted for the purpose of educating
Alarm Users about the responsible use, operation, and maintenance of Alarm
Systems and the problems created by False Alarms.
(1) Alarm User List means a list provided by the Alarm User's Alarm Installation
Company or if no Alarm Agreement exists between the Alarm User and an Alarm
Installation Company, the Alarm User's Monitoring Company.
(m) Arming Station means a device that controls an Alarm System.
(n) Automatic Voice Dialer means any electronic, mechanical, or other device which,
when activated, is capable of being programmed to send a prerecorded voice
message to the Police Department or City requesting an officer dispatch to an Alarm
Site.
(o) Burglar Alarm means an Alarm System that is intended to identify the
unauthorized entry or attempted unauthorized entry into an alarm site.
(p) Business License means a Business License issued by the City of West Covina
Business License division to an Alarm Installation Company or Monitoring
Company to conduct business in the City.
(q) Cancellation means the termination of a Police response to an Alarm Site after an
Alarm Dispatch Request is made but before an officer's arrival at the Alarm Site.
(r) Conversion of Alarm User means the transaction or process by which one Alarm
Installation Company or Monitoring Company begins the servicing or monitoring
of a previously unmonitored Alarm System or an Alarm System that was previously
serviced or monitored by another alarm company.
(s) City means City of West Covina.
(t) Duress Alarm means a silent Alarm System signal generated by the entry of a
designated code into an Arming Station in order to signal that the Alarm User is
being forced to turn off the system and requires an officer response.
(u) Enhanced Call Confirmation means an attempt by the Monitoring Company, or
its representative, to contact the Alarm Site and/or Alarm User and/or the Alarm
User's designated representatives by telephone and/or other electronic means,
whether or not actual contact with a Person is made, to determine whether an alarm
signal is valid before requesting a Police Burglar Alarm Dispatch, in an attempt to
avoid an unnecessary Alarm Dispatch Request. For the purpose of this Chapter,
telephone confirmation shall require, as a minimum that a second call be made to a
different number, if the first attempt fails to reach an Alarm User who can properly
identify themselves to determine whether an alarm signal is valid before requesting
an officer dispatch. Names and numbers or those contacted or attempted to contact,
shall be provided when requested.
(v) False Alarm means an Alarm Dispatch Request to the Police Department, which
results in the responding officer finding no evidence of a criminal offense or
attempted criminal offense after completing an investigation of the Alarm Site.
(w) Holdup Alarm means a silent robbery alarm signal generated by the manual
activation of a device intended to signal a robbery in progress.
(x) Local Alarm System means an unmonitored Alarm System that annunciates an
alarm only at the Alarm Site or is a self -monitored Alarm Site.
(y) Monitoring means the process by which a Monitoring Company receives signals
from an Alarm System and relays an Alarm Dispatch Request to the Police
Department.
(z) Monitoring Company means a Person in the business of providing Monitoring
services.
(aa) One Plus Duress Alarm means the manual activation of a silent alarm signal by
entering a code that adds one number to the last digit of the normal arm/disarm code
(e.g., normal code =1234, one plus duress code = 1235).
(bb) Panic Alarm means an Alarm System signal generated by the manual activation of
a device intended to signal a life threatening or emergency situation requiring an
officer response.
(cc) Person means an individual, corporation, limited liability company, partnership,
association, organization or similar entity.
(dd) Police Department means the West Covina Police Department.
(ee) Protective or Reactive Alarm System means an Alarm System that produces a
temporary disability or sensory deprivation through use of chemical, electrical,
sonic or other means, including use of devices that obscure or disable a Person's
vision.
(ff) Registration Number means a unique individual number issued by the Police
Department and assigned to an Alarm User as part of Alarm Registration.
(gg) Responsible Party means a Person capable of appearing at the Alarm Site upon
request who has access to the Alarm Site, the code to the Alarm System and the
authority to approve repairs to the Alarm System.
(hh) Robbery Alarm means an alarm signal generated by the manual or automatic
activation of a device, or any system, device or mechanism on or near the premises
intended to signal that a robbery is in progress and that a Person is in need of
immediate Police assistance in order to avoid bodily harm, injury or death. The
term includes Holdup Alarms and Duress Alarms.
(ii) SM Control Panel Standard CP-01 means the ANSI — American National
Standard Institute -approved Security Industry Association — SIA CP-01 Control
Panel Standard, as may be updated from time to time, that details recommended
design features for security system control panels and their associated arming and
disarming devices to reduce the incidence of False Alarms. Control panels built
and tested to this standard by Underwriters Laboratory (UL), or other nationally
recognized testing organizations are marked: "Design evaluated in accordance with
SIA CP-01 Control Panel Standard Features for False Alarm Reduction."
0j) Takeover means the transaction by which an Alarm User takes over control of an
existing Alarm System that was previously controlled by another Alarm User.
(kk) Zones mean a division of devices into which an Alarm System is divided to indicate
the general location from which an Alarm System signal is transmitted.
Sec. 4.0-3 -Administration.
(a) The Police Chief is the principal city official for administration of this Chapter.
(b) The Police Chief shall designate an Alarm Administrator to carry out the duties and
functions described in this section.
(c) Monies generated by fees and fines assessed pursuant to this section shall be
dedicated for use by the Police Department for the administration of the provisions
of this Chapter and officers' response to alarms.
(d) The amount of the fees and fines set forth in this section shall be specified in the
City Fee Schedule. For purposes of this subsection, "fees" include any type or class
of fee and includes late charges.
(e) The Alarm Administrator shall conduct an annual evaluation and analysis of the
effectiveness of this Chapter and identify and implement system improvements as
warranted.
Sec. 4.0-4- Alarm Registrations Required.
(a) An Alarm User shall not operate, or cause to be operated, any Alarm System
without a valid Alarm Registration. A separate Alarm Registration is required for
each Alarm Site having a distinct address or business name. A registration fee
including a completed Alarm Registration application shall be received and
approved by the Alarm Administrator prior to any Alarm System activation. There
shall be reduced residential registration fees for senior citizens age 65 or older. The
city council shall establish such classes of persons by resolution.
(b) Owners of Local Alarm Systems are required to adhere to all sections of this
Chapter and are subject to all fees, fines, suspensions, penalties or other
requirements that are applicable.
(c) The fee for a new initial Alarm Registration and the Alarm Registration renewal
fee shall be collected by the Alarm Administrator.
(d) Existing Alarm Systems:
1. Any Alarm System that has been installed before the effective date of this
Chapter shall be registered and a registration fee collected by the Alarm
Administrator.
a. The Alarm Agreement Holding Company shall provide within forty
(40) days of the effective date of this Chapter, an Alarm User List
of existing Alarm Users in the City, in a format approved by the
Alarm Administrator, including name, address, billing address and
telephone number to the Alarm Administrator.
b. The Alarm Agreement Holding Company may apply to the Alarm
Administrator for an extension of the time limit in subsection (a)
based on extenuating circumstances.
2. The Alarm Agreement Holding Company may, through a mutual written
agreement, have another Alarm Company provide the Alarm User's list.
3. The Alarm User List in subsection (a) shall be provided to the Alarm
Administrator on an annual selected date in order to keep current the
existing Alarm Systems within the City limits.
(e) New Alarm Systems:
1. Any Alarm Installation Company that installs an Alarm System on premises
located within the City of West Covina shall notify the Alarm Administrator
within twenty (20) days that an Alarm System has been installed and send
the Alarm Administrator the required information.
2. In the case of self -installed alarm systems that are to be monitored by a
Monitoring Company, the Monitoring Company shall have the same duties
as imposed on an Alarm Installation Company under this section.
3. Failure of an Alarm Installation Company to notify the Alarm Administrator
of a new Alarm System installation within twenty (20) days of installation
shall result in a fine as established by resolution of the city council to be
imposed on the Alarm Installation Company. If the Alarm Installation
Company has a history of compliance and is otherwise in good standing,
the Police Chief or his/her representative shall have the authority to waive
(or not impose) this fine. In all cases, the Alarm Installation
Company/Alarm Monitoring Company shall be notified of the unregistered
site.
4. The initial Alarm Registration fee shall be collected by the Alarm
Administrator. Failure of the Alarm User to submit an application and
registration fee within the thirty (30) days after notice shall result in the
Alarm System being classified as non -registered and late charges being
assessed.
(f) Alarm Registration and Renewal Fees
1. An Alarm Registration shall expire one year from the date of issuance, and
must be renewed annually by the Alarm User. The Alarm Administrator
shall notify the Alarm User of the need to renew their registration thirty (30)
days prior to the expiration of the registration. It is the responsibility
of the Alarm User to submit the updated information and renewal fees prior
to the registration expiration date. Failure to renew shall be classified as
use of a non -registered Alarm System and subject the Alarm Site to a
suspension and late charge.
2. Registration fees shall be collected annually based on a one year registration
period. The amounts of the registration and renewal fees required are
established by resolution of the city council.
3. Late charge. Alarm Users who fail to make payment for an Alarm
Registration prior to the registration's expiration date will be assessed a late
charge as established by resolution of the city council.
4. Refunds. No refund of a registration fee or registration renewal fee will be
made.
5. Upon receipt of a completed Alarm Registration application form and the
Alarm Registration fee, the Alarm Administrator shall issue a Registration
Number or Alarm Registration renewal to the applicant unless:
a. The applicant has failed to pay any fee or fine assessed under this
chapter; or
b. An Alarm Registration for the Alarm Site has been suspended, and
the condition causing the suspension has not been corrected; or
C. The Alarm Installation Company and/or the Monitoring Company
listed on the registration application are not in possession of a
current valid State of California Department of Consumer Affairs
Alarm Company Operators License.
d. Any false statement of a material fact made by an applicant for the
purpose of obtaining an Alarm Registration shall be sufficient cause
for refusal to issue an Alarm Registration.
(g) Exemptions.
1. Government entities, including but not necessarily limited to the City,
County, State, Federal and School Districts, must obtain Alarm
Registrations for all Alarm Systems on property under their control within
the boundaries of West Covina, but are exempt from payment of Alarm
Registration and renewal fees.
2. All registration -fee -exempted alarm sites are required to obtain and
maintain a valid Alarm Registration for a Police response and are subjected
to all other fees, fines and suspension enforcements.
Sec. 4.0-5 - Registration Application.
An application for an Alarm Registration must be in a format provided by the Police
Department. The information required on such forms shall be determined by the Alarm
Administrator. Registration applicants acknowledge that the Police response may
be influenced by factors including, but not limited to, the availability of officers, priority
of calls, traffic conditions, weather conditions, emergency conditions, prior alarm history,
administrative actions and staffing levels.
Sec. 4.0-6 — Registration Transfer of Registration Prohibited.
(a) An Alarm Registration cannot be transferred to another Person or Alarm Site. An
Alarm User shall inform the Alarm Administrator and their Alarm Company of any
change to the information listed on the Alarm Registration application within ten
(10) business days after such change.
(b) Exceptions may be made in the discretion of the Alarm Administrator when the
transfer proposed is among members of the family of the original registration holder
or successors in interest to the property for which the Alarm Registration has been
issued.
Sec. 4.0-7 - Duties of Alarm Users.
(a) An Alarm User shall:
(b) Maintain the Alarm Site and the Alarm System in a manner that will minimize or
eliminate False Alarms;
(c) Make every reasonable effort to arrive at the Alarm System's location within 30
minutes after being requested by the Monitoring Company or Police Department in
orderto:
1. Deactivate an Alarm System;
2. Provide access to the Alarm Site; and/or
3. Provide alternative security for the Alarm Site.
(d) Provide the Monitoring Company with the updated names and telephone numbers
of at least two individuals who are able and have agreed to:
1. Receive notification of an Alarm System activation at any time;
2. Respond to the Alarm Site at any time; and
3. Provide access to the Alarm Site and deactivate the Alarm System, if
necessary.
(e) Not activate an Alarm System for any reason other than an occurrence of an event
that the Alarm System was intended to report.
(f) Notify the Monitoring Company of any suspension of police response (as provided
for under this Chapter) and request that the Monitoring Company not make a
Burglar Alarm Dispatch Request during the suspension period.
(g) An Alarm User shall not operate any Automatic Voice Dialer.
(h) An Alarm User shall maintain a set of written operating instructions for each Alarm
System at each Alarm Site.
Sec. 4.0-8 - Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm.
(a) No Alarm System shall emit a sound resembling an emergency vehicle siren or civil
defense warning. The Police Chief shall make the final determination regarding
compliance with this section.
(b) No person shall install, modify or repair an Alarm System within the City that has
a siren, bell or other signal that is audible from any property adjacent to the Alarm
Site that sounds for longer than fifteen (15) consecutive minutes after the alarm is
activated, or that repeats the fifteen (15) minute audible cycle more than two
consecutive times during a single armed period.
(c) In the event that an audible alarm is activated and fails to reset itself or continues
to activate for more than (60) sixty minutes and the responsible person listed on the
Alarm Registration or other responsible person does not respond and silence the
alarm, and the continued activation of the alarm is creating a disturbance, the Police
Department may cause the alarm to be silenced in a manner determined appropriate
for the circumstances. The Alarm User shall be responsible for the actual costs
involved to abate or disconnect the malfunctioning alarm system. The City, its
employees or agents shall not be responsible or liable for damage resulting from
such abatement or disconnection.
Sec. 4.0-9 - Registration and Duties of Alarm Installation Companies and Monitoring Companies.
(a) Registration.
1. No alarm company operator or alarm agent, as defined by the Business and
Professions Code, shall install, maintain, or repair any Alarm System within
the City unless the Alarm Company operator or alarm agent has, prior to
performing such work, obtained a City Business License.
2. Each Alarm Installation Company and Alarm Monitoring Company shall
designate one individual as the Alarm Response Manager (ARM) for the
company. The individual designated as the ARM must be knowledgeable
of the provisions of this Chapter, as well as have the knowledge and
authority to deal with False Alarm issues and respond to requests from the
Alarm Administrator. The name, address, phone number, and email address
of the ARM shall be provided to the Alarm Administrator. Failure to
comply within thirty (30) days after being notified in writing from the
Alarm Administrator may result in the suspension of Police Department
response to Alarm Dispatch Requests from the non -complying Alarm
Installation Company or Monitoring Company.
3. Each Alarm Installation Company shall provide the name, address and
phone number of any Monitoring Company it is using to monitor its Alarm
Sites within the City, and Monitoring Companies shall do the same for
Alarm Installation Companies that use their monitoring services within the
City.
(b) Alarm Installation Companies shall:
1. Upon the installation or activation of an Alarm System, the Alarm
Installation Company shall distribute to the Alarm User information
summarizing:
a. The applicable law relating to False Alarms, including the
Registration Fee and the potential for fines and suspension of an
Alarm Registration;
b. How to prevent False Alarms; and
C. How to operate the Alarm System.
2. After the effective date of this Chapter, Alarm Installation Companies shall
not program Alarm Systems so that they are capable of sending One Plus
Duress Alarms. Monitoring Companies may continue to report One Plus
Duress Alarms received from Alarm Systems programmed with One Plus
Duress Alarms installed prior to the effective date of this Chapter.
3. After the effective date of this Chapter, Alarm Installation Companies shall
not install, modify or repair "single action" devices for the activation of
Hold-up, Robbery or Panic Alarms. New devices shall require two actions
or an activation time delay to provide more positive assurance that the user
intends to activate the device.
4. Ninety days after the effective date of this Chapter, an Alarm Installation
Company shall, on new installations, use only alarm control panel(s) that
meet the ANSUSIA CP-01- Control Panel Standard - Features for False
Alarm Reduction.
5. An Alarm Installation Company shall not use an Automatic Voice Dialer
for any Alarm System.
6. Ensure that Alarm Users of Alarm Systems equipped with a Duress,
Robbery, Holdup or Panic Alarm has been provided adequate training as to
the proper use of the Alarm System's operation and function.
7. All Alarm Systems shall be installed and supplied with an uninterrupted
power supply in such a manner that the failure or interruption of the normal
electric utility service for a period of up to four (4) hours will not activate
the Alarm System.
8. All audible Alarm Systems shall include a device which will limit the
duration of the audible alarm to a period of not more than fifteen (15)
minutes per activation.
(c) A Monitoring Company shall:
1. Report alarm signals by using telephone numbers or other approved
communication processes designated by the Alarm Administrator.
2. Ninety (90) days after the effective date of this Chapter, employ Enhanced
Call Confirmation procedures on all burglar alarm dispatch requests. The
police department may refuse to accept an alarm dispatch request from a
monitoring company that has failed to comply with the procedures required
by Enhanced Call Confirmation.
3. Communicate Alarm Dispatch Requests and Cancellations to the Police
Department in a manner and form determined by the Alarm Administrator.
4. Communicate any available Zone Information (north, south, front, back,
door, window etc.) about the location of an alarm signal(s) as part of Alarm
Dispatch Request.
5. Communicate the type of alarm activation (silent or audible, interior or
perimeter), if available, on any Alarm Dispatch Request.
6. Notify Communications of any Alarm Site that it knows, or reasonably
should know has guard dog(s), pets or is fitted with a Protective -Reactive
Alarm System. During any alarm at such a site, a Responsible Party must
be contacted and confirm that he or she will respond to the Alarm Site to
disarm the device or take control of the guard dog(s).
7. After an Alarm Dispatch Request, promptly advise the Police Department
if the Monitoring Company knows that the Alarm User or a Responsible
Party is on the way to the Alarm Site;
8. After the effective date of this Chapter, maintain for a period of at least one
year after the date of an Alarm Dispatch Request, all records relating to the
Alarm Dispatch Request. Records must include the name, address and
telephone number of the Alarm User, each Alarm System zone activated,
the time of Alarm Dispatch Request and evidence of compliance with
Enhanced Call Confirmation procedures, as applicable. The Alarm
Administrator may request copies of such records for any individual Alarm
User. If the request is made within sixty (60) days after an Alarm Dispatch
Request, the Monitoring Company shall furnish requested records within
three (3) business days after receiving the request. If the records are
requested between sixty (60) days and (one) 1 year after an Alarm Dispatch
Request, the Monitoring Company shall furnish the requested records
within thirty (30) days after receiving the request.
9. Upon request, immediately provide the Police Department with the names
and phone numbers of the Alarm User's emergency contacts at the time of
each Alarm Dispatch Request.
(d) Conversion of Alarm Users. An Alarm Installation Company or Monitoring
Company that converts the servicing of any Alarm System account from another
company shall notify the Alarm Administrator of such conversion and shall make
a reasonable effort to provide to the Alarm Administrator, within 60 days from the
date of conversion, an alarm User List of the converted accounts, in a format
acceptable to the Alarm Administrator.
Sec. 4.0-10 - Duties and authority of the Alarm Administrator.
(a) The Alarm Administrator shall designate the manner, form, telephone numbers and
process for the communication of Alarm Dispatch Requests and cancellations and
establish and implement a procedure to acquire and record information on Alarm
Dispatch Requests.
(b) The Alarm Administrator shall establish and implement a procedure to notify the
Alarm User of a False Alarm. The notice shall include the following:
1. The date and time of an officer's response to the False Alarm; and
2. Any False Alarm fine incurred.
(c) The Alarm Administrator may require that a conference be held with an Alarm User
and the Alarm Installation Company or Monitoring Company responsible for
repairing or monitoring of the Alarm System to review the circumstances of each
False Alarm. The conference may be held in Person or through a conference
telephone call, at the Alarm Administrator's discretion. Failure to participate may
result in suspension of the Alarm Registration, as indicated by the facts of the case.
(d) The Alarm Administrator may establish an Alarm User Awareness Class. The
Alarm Administrator may request the assistance of associations, alarm companies
and law enforcement agencies in developing and implementing the class. The class
shall inform Alarm Users of the Alarm Ordinance; problems created by False
Alarms and teach Alarm Users how to avoid creating False Alarms.
(e) If a false Robbery, Holdup or Panic Alarm has occurred and the alarm was triggered
using a single action, non -recessed device, the Alarm Administrator may consider
a waiver or partial waiver of the False Alarm fine, if immediate action is taken by
the Alarm User to remove or replace the single action, non -recessed device in
accordance with the requirements of this Chapter.
(f) The Alarm Administrator shall make a copy of this Ordinance and/or an ordinance
summary sheet available to each Alarm User.
(g) The Alarm Administrator may use electronic means to communicate with Alarm
Users, Alarm Installation Companies and Monitoring Companies when applicable
or when requested by the recipient and at the Alarm Administrators discretion.
Sec. 4.0-11 - False Alarm Fines.
(a) The Alarm Administrator may assess the Alarm User a fine for a False Alarm
occurring at that Alarm User's Alarm Site. The amount of said fines for the listed
categories shall be established by city council and may be subsequently amended
by resolution of the city council.
1. Burglar False Alarm Fines:
2. Robbery False Alarm Fines:
3. Panic False Alarm Fines:
(b) If a False Alarm fine is not paid within thirty (30) days after the invoice is mailed,
a late charge as established by resolution of the city council shall be imposed.
(c) Fines for False Alarms from Non -registered Alarm Systems. For person(s)
operating a Non -registered Alarm System incurring a False Alarm, fines shall be
imposed as established by resolution of the city council.
(d) No Monitoring Company after five (5) business days of receiving notice from the
Alarm Administrator that an Alarm User's registration status is that of Non-
registered shall make a Burglar Alarm Dispatch Request from that Alarm User.
(e) If Cancellation of a Police response occurs prior to the officer's arrival at the Alarm
Site, the response is not considered a False Alarm and no False Alarm fine will be
assessed.
(f) The Alarm Installation Company shall be assessed a fine in an amount established
by resolution of the city council if the officer responding to a False Alarm
determines that an on -site employee of the Alarm Installation Company directly
caused the False Alarm. Such False Alarms are not included in the total number of
False Alarms for the Alarm User, nor is the Alarm User to be held liable for any
False Alarm fine resulting from such alarm activation.
(g) A fine in an amount established by resolution of the city council shall be imposed
against any Monitoring Company that fails to verify Alarm System signals as
required in subsection (c)(2) of Section 4.0-9 of this Chapter.
(h) A fine in an amount established by resolution of the city council shall be imposed
against an Alarm Installation Company if the Alarm Administrator determines that
an employee of the Alarm Installation Company knowingly made a false statement
concerning the inspection of an Alarm Site or the performance of an Alarm System.
(i) Notice of the right of appeal under this ordinance will be included with notice of
any fine.
(j) All registration fees, renewal registration fees or fines assessed under this section
are due within thirty (30) days of written notice unless otherwise noted. A late
charge in an amount established by resolution of the city council shall be imposed
for each individual fee or fine due that is not paid within thirty (30) days.
(k) The Alarm Administrator may waive the False Alarm fine for the first chargeable
False Alarm during each one (1) year registration period, upon the Alarm User's
successful completion of the online Alarm User Awareness Class available through
the Alarm Administrator. In order to have the fine waived, the Alarm User shall be
in possession of a valid registration, and have successfully completed the class
within thirty (30) days of the fine notice. Alarm Users without online access may
request the online class material and test be mailed to them. Reasonable additional
time to complete the Alarm User Awareness Class shall be allowed for mail
delivery.
Sec. 4.0-12 - Notice of False Alarms and Suspension.
(a) The Alarm Administrator shall notify the Alarm User in writing after each False
Alarm. The notice shall include the amount of the fine for the False Alarm, the fact
that Police response to further alarms will be suspended after the fourth False Alarm
during the Alarm User's one-year Alarm Registration period, (excluding Duress,
Robbery, Holdup and Panic Alarms), and that the Alarm User has the right to
appeal.
(b) The Alarm Administrator shall notify the Alarm User in thirty (30) days advanced
written notice that a Police Department response to further alarms is to be
suspended. The right of appeal under this Ordinance shall be included with the
notice. The notice of suspension shall also include the amount of any fees and/or
fines due and a description of the reinstatement process.
Sec. 4.0-13 - Alarm Registration Suspension, Fees, Fines, Violation to Make Alarm Dispatch
Request for Suspended Alarm Site.
(a) The Alarm Administrator shall notify the Police Department of each Alarm User
whose Alarm Registration qualifies for suspension under this section. The Alarm
Administrator may suspend an Alarm Registration if it is determined that:
1. There is a false statement of a material fact in the registration application;
2. The Alarm User has had four or more false Burglar Alarms at a single alarm
site within the one-year registration period, except that the Alarm
Administrator may waive a suspension upon receipt of documented work
orders showing reasonable attempts to repair the Alarm System prior to the
notice of suspension.
3. The Alarm User has failed to make timely payment of any fee, fine or charge
assessed under this section.
4. There is a violation of this Chapter by the Alarm User and the condition
causing the violation was not corrected within thirty (30) days after written
notice from the Alarm Administrator.
(b) It is a violation of this section for a Person to operate a Burglar Alarm System
during the period in which the Alarm Registration is suspended.
(c) It is a violation of this Chapter for a Monitoring Company to make an Alarm
Dispatch Request to a Burglar Alarm Site after the Monitoring Company's Alarm
Response Manager (ARM) has been notified by the Alarm Administrator that the
registration for that Alarm Site has been suspended. A grace period of five (5)
business days after the ARM's notification shall be granted the Monitoring
Company to comply.
(d) False Alarm Fines under Suspension status. In addition to the fines set forth in
subsection (a) of Section 4.0-11 herein, a supplemental fine is hereby imposed upon
any Person operating a suspended Burglar Alarm System. The amount of said fines
shall be established by resolution of the city council.
(e) It shall be the responsibility of the Alarm User to notify their respective Alarm
Monitoring Company of their suspension status. An Alarm User shall be held
financially accountable for all false alarm fines incurred.
(f) The police department may refuse a law enforcement response to an alarm dispatch
request at an alarm site for which the alarm registration has been suspended or
classified as non -registered pursuant to this Chapter.
See. 4.0-14 - Appeals of Determinations Regarding Alarm Registrations, Fees and Fines
(a) If the Alarm Administrator assesses a fee or fine, suspends an Alarm Registration
or denies the issuance, renewal or reinstatement of an Alarm Registration, the
Alarm Administrator shall send written notice of the action and a statement of the
right to appeal to the affected applicant, Alarm User, Alarm Installation Company
or Alarm Monitoring Company.
(b) The applicant, Alarm User, Alarm Installation Company or Alarm Monitoring
Company may appeal any action described in subsection (A) to the Police Chief (or
designee) by setting forth in writing the reasons for the appeal and delivering the
appeal to the Police Chief (or designee) within twenty (20) days after receipt of
notice of the action. Failure to deliver the appeal within that time period is a waiver
of the right to appeal.
(c) The procedure for an appeal to the Police Chief (or designee) is as follows:
1. The applicant, Alarm User, Alarm Installation Company or Monitoring
Company may file a written request for appeal by paying an appeal fee and
setting forth the reasons for the appeal. The appeal must be entitled "Appeal
from Alarm Administrator's Action." The appeal fee shall be in an amount
established by resolution of the city council and will be returned to the
appealing party if the appeal is successful.
2. The Police Chief (or designee) shall conduct a hearing on the appeal within
thirty (30) days after the Police Department's receipt of the request for
appeal and appeal fee and shall consider the evidence submitted by the
appealing party and the Alarm Administrator. The Police Chief (or
designee) must base the decision on the preponderance of evidence
presented at the hearing and must render a decision within fifteen (15) days
after the date of the hearing. The decision shall affirm or reverse the
decision or action taken by the Alarm Administrator.
3. Filing of an appeal stays any action by the Alarm Administrator to suspend
an Alarm Registration or require the payment of a fee or fine until the appeal
process has been exhausted. This provision applies only to the action of the
Alarm Administrator that is the subject of the appeal. This provision does
not operate as a bar to enforcement action on violations of this section that
occur thereafter.
(d) The Alarm Administrator or the Police Chief, or their respective designees, may
adjust the count of False Alarms or assessed fees based on:
1. Evidence that a False Alarm was caused by action of a communications
services provider (i.e. telephone, cellular, cable company);
2. Evidence that a False Alarm was caused by a power outage of more than
four (4) hours or severe weather such as a tornado or earthquake;
3. Evidence that an Alarm Dispatch Request was not a False Alarm; or
4. The occurrence of multiple alarms within a 24 hour period, which may be
considered as one False Alarm if the Alarm User has taken corrective action,
unless the False Alarms are directly caused by the Alarm User.
(e) The Alarm Administrator may waive all or part of a False Alarm fine due to
extenuating circumstances or to encourage corrective action with supervisor
approval.
Sec. 4.0-15 - Reinstatement of Suspended Alarm Registrations.
(a) A Person whose Alarm Registration has been suspended may obtain reinstatement
of the registration by the Alarm Administrator if the Person:
1. Pays a reinstatement fee as established by resolution of the city council;
2. Pays, or otherwise resolves, all outstanding fees, fines, and other charges;
3. Submits a written notice (work order) from an Alarm Installation Company
stating that the Alarm System has been inspected and repaired (if
necessary) by the Alarm Installation Company;
4. The Alarm User successfully completes an Alarm User Awareness Class
and test.
(b) The Police Department shall reinstate its response to an Alarm Site as soon as is
practicable after receiving notice of reinstatement from the Alarm Administrator.
The Alarm User and Monitoring Company shall take notice that the Alarm Site has
been officially reinstated only after receiving notice from the Alarm Administrator
of that fact. It shall be the responsibility of the Alarm User to verify that his, her,
or its registration status and future police response has been properly restored.
Sec. 4.0-16 - Suspension of Police Response to Dispatch Requests from Certain Alarm Installation
Companies and Monitoring Companies.
(a) The Police Chief or Command Staff designee may suspend Police response to an
Alarm Dispatch Request from an Alarm Installation Company or Monitoring
Company if it is determined that:
1. There is a violation of this chapter by the Alarm Installation Company or
Monitoring Company and the condition causing the violation has not been
corrected and/or;
2. The Alarm Installation Company or Monitoring Company has failed to pay
any fee, fine, or other charge assessed under this section, more than sixty
(60) days after the fee, fine, or other charge is due.
(b) The Police Department may not respond to any Alarm Dispatch Request where the
Alarm Installation Company or Monitoring Company who installed or monitors
that alarm has failed to comply with California licensing requirements or failed to
maintain a valid copy of the State of California Department of Consumer Affairs
Alarm Company Operators License.
(c) A suspension of Police response made pursuant to this subsection is subject to the
appeal process provided for within this Chapter. In addition, the Alarm
Administrator has the ability to accept a workable solution from the affected party
prior to an appeal. The affected party has sixty (60) days after the written notice of
suspension before Police response is suspended to its alarm customers.
(d) The Alarm Administrator shall notify all known Alarm Users subscribing to an
Alarm Installation Company or an Alarm Monitoring Company that the Police
Department has suspended response to the company's Alarm Dispatch Requests.
(e) The City shall assess the Alarm Installation Company or Monitoring Company a
reinstatement fee in an amount established by resolution of the city council. In
addition, if the Alarm Administrator has incurred costs in notifying Alarm Users
by mail of the suspension of their Alarm Installation Company or Monitoring
Company, reimbursement to the City of those costs shall be a condition of
reinstatement.
Sec. 4.0-17 - Police Department Response.
(a) Subject to the suspension provisions in section 4.0-13 above and the discretion
discussed in section 4.0-19, the Police Department at its discretion will respond to
all "in progress" Robbery, Panic or Burglar Alarms as promptly as possible, taking
into account pending calls for service and any policy establishing priority of
dispatched calls following notification of the receipt of the alarm from the
Monitoring Company. Police supervisors may, in their discretion, cancel a Police
response to any or all alarms based on weather or other factors affecting Police
service needs.
(b) The Police Chief or his or her designee may re -prioritize assignment of Burglar
Alarms and response time at any time during a 24 hour period as may be necessary
due to the service needs of the community.
Sec. 4.0-18 - Confidentiality of Alarm Information.
All information contained in documents gathered through Alarm Registrations, the
submission of customer lists, the alarm appeal process and records relating to Alarm
Dispatch Requests must be held in confidence by all employees of the Alarm
Administrator, City of West Covina and any third -party alarm administrator. Such
information is proprietary and is hereby declared confidential and not a public record.
Absent special circumstances, such information must not be released to the public or any
Person other than a law enforcement agency, third party administrator or the applicable
Alarm User, Alarm Installation Company or Alarm Monitoring Company except pursuant
to court order. Per California Government Code 6254(f)
Sec. 4.0-19 - Scope of Police duty; Immunities Preserved.
The issuance of Alarm Registrations does not create a contract between the Police
Department and/or the City of West Covina and any Alarm User, Alarm Installation
Company or Monitoring Company, nor does it create a duty or obligation, either expressed
or implied, on the Police Department to respond to any alarm. Any and all liability and
consequential damage resulting from the failure of the Police Department to respond to an
Alarm Dispatch Request is hereby disclaimed and full governmental immunity as provided
by law is retained. By applying for an Alarm Registration, the Alarm User acknowledges
that the Police Department response is influenced by the availability of officers, priority of
calls, traffic conditions, weather conditions, emergency conditions, staffing levels, prior
response history and administrative actions."
SECTION NO. 5: This ordinance shall take effect thirty (30) days after its adoption.
SECTION NO. 6: If any section, subsection, sentence, clause, phrase or word of this
ordinance 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
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion or the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION NO. 7: The City Clerk shall certify to the adoption of this ordinance. Not
later than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary
of the ordinance, along with the names of the City Council members voting for and against the
ordinance, shall be published in a newspaper of general circulation in the City of West Covina.
PASSED, APPROVED, AND ADOPTED
Mayor
APPROVED AS TO FORM: ATTEST:
Kimberly HalVbarlow ickolas S. tes
City Attorney City Clerk
I, NICKOLAS S. LEWIS, City Clerk of the City of West Covina, California, do hereby certify that the
foregoing Ordinance No. 2335 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 20th day of February, 2018. That thereafter said Ordinance was
duly adopted and duly adopted and passed at a regular meeting of the City Council on the 6th day of
March, 2018 by the following vote of the City Council:
AYES:
Johnson, Toma, Warshaw
NOES:
Wu, Spence
ABSENT:
None
ABSTAIN:
None
ickolayS! Le
City Clerk