HomeMy WebLinkAboutORD 01-11 Amending Chapter 9.04 False AlarmsORDINANCE NO. 01-11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 9.04 OF
THE ORANGE MUNICIPAL CODE RELATING TO
FALSE ALARMS.
WHEREAS, the City Council recently adopted Resolution No. 10515, revising the
City's Master Schedule of Fees and Charges, to include False Alarm penalties and eliminate
Alarm Permit fees; and
WHEREAS, the adoption of Resolution No. 10515 necessitates that Orange
Municipal Code Chapter 9.04 be amended to delete the mandatory requirement for an alarm
permit, and eliminate false alarm penalties from the Code so it may be revised and updated in
the City's Master Schedule of Fees, without requiring an ordinance amendment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I
The following Sections of Chapter 9.04 of the Orange Municipal Code shall be
amended to read as set forth below:
9.04.020 — Definitions.
For the purpose of this chapter, certain words and phrases used herein are
defined as follows:
A. ALARM SYSTEM means an assembly of devices arranged to signal
the presence of a hazardous condition to which police customarily
respond, and include devices designed to signal the presence of a
hazard which emit an audible sound in or on the premises when
actuated.
1. NON - RESIDENTIAL ALARM SYSTEM means an alarm
system that is used to detect a hazardous condition in or about a
non - residential structure or area.
2. RESIDENTIAL ALARM SYSTEM means an alarm system
that is used to detect a hazardous condition in or about a
structure or area that is used primarily for non - business
purposes and intended for habitation, including individual
dwelling unit(s) within a single or multiple family structure.
B. AUDIBLE ALARM means that type of alarm system which, when
activated, emits an audible sound.
C. AUTOMATIC PROTECTION DEVICE means a device that reports a
hazardous condition to a remote location over the regular telephone
network by dialing a pre - programmed telephone number then
delivering a prerecorded voice message identifying the nature and
location of the alarm.
D. FALSE ALARM means an alarm signal to which police respond, or
are summoned to respond, but where a hazardous condition does not
exist.
E. HAZARDOUS CONDITION means an event(s) or occurrence(s)
which is indicative of a robbery, burglary or other condition which
poses a hazard or threat to persons or property and for which the alarm
system is intended to detect or alert.
F. PERSON means any individual, partnership, corporation, or other
entity.
G. POLICE DEPARTMENT means the Police Department of the City of
Orange, California, and CHIEF OF POLICE means the Chief of the
Orange Police Department or his authorized representative.
H. PRIMARY TRUNKLINE means a telephone line leading into the
communications center of the Police Department used for the purpose
of handling emergency calls on a person -to- person basis, and which
line is identified by a specific listing among the emergency numbers in
the telephone directory issued by the telephone company serving the
City.
I. SECONDARY TRUNKLINE means a telephone line leading into the
Police Department that is identified by a specific listing in the
telephone directory for handling administrative and other non -
emergency calls on a person -to- person basis.
J. DIALER TRUNKLINE means a telephone line leading into the Police
Department used only for alarms with an Automatic Protection
Device.
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9.04.030 — Conditions.
Each person utilizing any alarm shall comply with the following conditions:
A. Audible Alarms. Audible non - residential alarm systems shall be
equipped with an automatic shut off mechanism capable of terminating
the audible annunciator after activation with a maximum time of thirty
30) minutes.
Audible residential alarm systems shall be equipped with an automatic
shut off device capable of terminating the audible annunciator after
activation with a maximum time of fifteen (15) minutes.
The annunciator, when activated, shall not resemble the sound of any
type of sirens utilized by emergency vehicles.
B. Power Requirements. The alarm system shall not transmit a signal nor
activate an annunciator indicating the existence of a hazardous
condition when its power is interrupted or restored unless a hazardous
condition does in fact exist.
C. Emergency Information. Emergency cards shall be filed with the
Police Department. The Police Department shall be notified
immediately of any changes in persons responsible for operating the
alarm system.
D. Monitoring Services. Users of alarm systems terminating at an alarm
monitoring service shall provide a current list of at least three names
with addresses and telephone numbers of individuals who have access
to the business or residence protected by the alarm system.
E. Automatic Protection Devices. Automatic protection devices shall not
be keyed to primary or secondary trunklines but to the dialer trunkline
in compliance with the following conditions:
1. Residential alarm systems shall not be keyed in this manner.
2. Non - Residential alarm systems may be keyed in this manner
provided the following conditions are met:
a. The content of the recorded message must be
intelligible and contain the following sentence: "This is
a recorded alarm of a (burglary /robbery) occurring now
at (company name, address, telephone number)."
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b. No recorded message shall be delivered to the Police
Department more than two times as the result of a
single stimulus of the sensory mechanism.
C. The length of time for transmitting the recorded
message shall not exceed twenty (20) seconds.
d. Such a device must be capable of transmitting an alarm
message to two or more recipients, so that upon
activation, any message will be sent not only on the
dialer trunkline, but also on the line of an authorized
person having a key to the premises who is available to
respond to an emergency.
e. The sensory mechanism used in connection with such
devices must be adjusted to suppress false indications
of hazardous conditions. These devices must not be
activated by impulses due to transient pressure changes
in water pipes, short flashes of light, wind, rain, fog,
power interruption, noises generated by the rattling of
windows or doors, vehicles or other forces unrelated to
an actual hazardous condition.
f. All components comprising such a device must be
maintained by the owner or lessee in good repair to
assure reliability of operation.
F. Multiple Premises. Any person who occupies more than one building,
suite, office or other tenancy from which an alarm system is installed
or used, and the alarm system is monitored or utilizes an Automatic
Protection Device, shall adjust or alter the alarm system to
automatically indicate to the person receiving the alarm, which
building, office, suite or tenancy from which the alarm originates.
G. Public Nuisance. The City Council hereby deems as a public nuisance
any alarm system which, by malfunction or misuse, violates the
provisions and conditions set forth in Sections 9.04.030A or 9.04.030E
and in doing so directs the Police Department to cause to be
disconnected or disabled the alarm system or component part(s)
causing the nuisance until corrective measure can be taken by the
system user or owner.
9.04.040 — Reserved.
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Panel.
9.04.050 — Alarm Systems Terminating at City Police Department's Alarm
A. Any alarm system to be considered for connection to the Police Alarm
Panel must be approved by the Chief of Police.
B. Residential alarm systems will not be accepted for connection to the
Police Alarm Panel.
C. Such alarm systems shall not be tested by the Police Department, at
the person's request, more than once per month, unless authorized by
the Chief of Police.
D. The Chief of Police may order such alarm systems to be disconnected
if they violate any section of this chapter.
9.04.060 — Warning Letters, Penalties, Termination of Police Service.
Violation of any of the following items may result in discontinuance of Police
response to any alarm signal received by the Police Department and may not be
reinstated until authorized by the Chief of Police.
A. False Alarms
1. Warning Letters. If an alarm system emits a false alarm, a
warning letter will be issued by the Police Department. The
second false alarm within three hundred sixty -five (365) day
period from the first false alarm will also cause a warning letter
to be issued by the Police Department which contains
information pertaining to this section controlling false alarms
and penalties.
2. Penalties. The third and any subsequent false alarm originating
from any premises within the three hundred sixty -five (365)
day period, as stipulated in Subsection (Al) of this section, will
result in a penalty being imposed upon the alarm user which
must be paid within thirty (30) days after billing. The penalty
shall be as prescribed in the City of Orange Master Schedule of
Fees and Charges, which may be amended from time to time
by resolution of the City Council.
3. Exceptions:
a. If the user shows that any false alarm was the result of
conditions beyond his control and not the result of
negligence of himself or any of his employees and that
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if the result of any defect in the alarm system he neither
knew of, nor in the exercise of due care should have
known of such a defect, such false alarm shall not be
deemed a "false alarm" as used in the Section.
b. New alarm users, and current users, upon proof of
upgrading or replacing in- service alarms, will be
permitted a thirty (30) days adjustment period to correct
mechanical problems before the provisions of Al and
A2 of this section take effect subject to the following:
1. The thirty (30) day adjustment period shall start the day the
alarm becomes operational and testing begins.
2. No more than three false alarms shall be permitted during the
above thirty (30) day period. The provisions of the Al and A2
of this section shall commence with the fourth (4th) false alarm
during this thirty (30) day period.
B. Intentional Activations
1. The intentional activation of an alarm system by any person,
when a hazardous condition does not exist, shall be cause for
immediate discontinuance of Police response. Hazardous
conditions justifying activation of an alarm are to include only
those which the person's alarm system was specifically
designed to detect or to alert the Police Department.
C. Failure to pay any false alarm Penalty under this chapter within thirty
30) days after billing.
D. Non - compliance with the Business and Professions Code of the State
of California as it pertains to alarm users contracting with unlicensed
alarm operators.
E. Non - compliance with the provisions of Sections 9.04.030A or
9.04.030E of this chapter.
SECTION II:
Should any section, subsection, clause or provision of this Ordinance, for any reason,
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance, it being hereby
expressly declared that this Ordinance and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
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SECTION III:
A summary of this ordinance shall be published and a certified copy of the full text of
this ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City
Council meeting at which this ordinance is adopted. A summary of this ordinance shall also
be published once within 15 days after the ordinances passage in a newspaper of general
circulation, published, and circulated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of such adopted ordinance along with
the names of those City Council members voting for and against the ordinance in accordance
of Government Code Section 36933. This ordinance shall take effect 30 days from and after
the date of its final passage.
ADOPTED this 81h day of March, 2011.
ATTEST:
Mary u y, City Cler of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 22 °a day of February, 2011, and thereafter at the regular meeting of said
City Council duly held on the 8 th day of March, 2011, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. , City Clerk, Cit Orange