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ORD-37-83 AMENDING CH 9.04 OF THE OMC REGULATING FALSE ALARMSI 143 ORDINANCE NO. 37- 83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 9.04 OF THE ORANGE MUNICIPAL CODE REGULATING FALSE ALARMS.WHEREAS, the City Council of the City of Orange adopted Ordinance No. 6-76 to regulate alarm systems; and WHEREAS, the cost of monitoring and responding to false alarms need-lessly diverts limited police resources; and WHEREAS, by Resolution No. 5950, the City Council established fees for alarm user's permits; and WHEREAS, this ordinance sets forth the regulations and procedures relating to the alarm user' s permit.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I:Chapter 9.04, Sections 9.04.010 through 9.04. 090, of the Orange Municipal Code is hereby repealed. SECTION II:Chapter 9.04, Sections 9.04.010 through 9.04. 070, are hereby added to the Orange Municipal Code to read as follows:Chapter 9.04 REGULATING FALSE ALARMS Sections:9. 04.010 9. 04.020 9. 04.030 9. 04.040 9. 04.050 9. 04.060 9. 04. 070 Purpose. Defini tions.Conditions.Alarm User's Permit Required.Alarm Systems Terminating at City Police Department's Alarm Panel.Termination of Police Service.Appeals 144 9.04.010 Purpose. The purpose of this Chapter is to provide regulations for alarm systems purchased by the public which either mechanically malfunction or are not operated properly by their users causing an increase in false alarm reports which require an immediate response from the Orange Police Department, thus needlessly diverting limited police resources. 9.04.020 Definitions. For the purpose of this Chapter, cer- tain 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. "Commercial 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. "Alarm User's Permit" means a document containing pertinent information about the alarmed premises and its authorized user as required by the Chief of Police.c. "Audible alarm" means that type of alarm system which,when activated, emits an audible sound.D. "Automatic protection device" means a device that reports a hazardous condition to a remote location over the regular telephone network by dialing a preprogrammed telephone number then delivering a prerecorded voice message identifying the nature and location of the alarm.E. "False alarm" means an alarm signal to which police respond,or are summoned to respond, but where a hazardous condition does not exist.F. "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.G. "Person" means any individual, partnership, corporation,or other entity.H. "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.1. "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.J. "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.K. "Dialer trunkline" means a telephone line leading into the Police Department used only for alarms with an Automatic L_"____145 9. 04.030 Conditions. Each person utilizing any alarm shall comply with the following conditions:A. Audible Alarms. Audible commercial alarm systems shall be equipped with an automatic shut off mechanism capable of termin-ating the audible annunciator after activation within 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 annunci-ator after activation within 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 concurrently with tbe issue or renewal of the required Alarm User's Permit required in Section 9.04.040.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 indivi-duals 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 prlomary 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. Commercial alarm systems may be keyed in this manner provided the following conditions are met:a. The content of the recorded message must be intel-ligible and contain the following sentence: "This is a recorded alarm of a (burglary/robbery) occurring now at (company name,address, telephone number)."b. No recorded message shall be delivered to the Police Department more than two (2) 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 main-tained by the owner or lessee in good repair to assure reliability of operation.3- Ord. 37-83 146 F. Multiple Premises. Any person who occupies more than one building, suite, office or other tenancy in 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 measures can be taken by the system user or owner.9.04. 040 Alarm User's Permit Required. An Alarm User's Permit to operate an alarm system shall be obtained by the responsible user of each alarmed premise, having a different mailing address, in compliance with the following conditions:A. The Alarm User's Permit shall be obtained from the City of Orange prior to utilizing the alarm system. Systems that are in use prior to the effective date of this Chapter shall have ninety (90) days in which to obtain the Alarm User's Permit.B. An Alarm User's Permit Fee shall be paid for the Alarm User's Permit as required by City Council Resolution.C. Persons applying for an Alarm User's Permit for a resi-dential alarm system, who are sixty-five (65) years of age or over, shall be exempt from paying a fee but shall otherwise comply with all other provisions of this Chapter.D. Any person applying for an Alarm User's Permit who is a governmental entity or a public school district shall be exempt from paying a fee, but shall otherwise comply with all provisions of this Chapter.E. Alarm User's Permits shall be non-transferable to other persons or locations, thereby requiring a new permit upon any change of business owner, resident or location. F. Possession of an Alarm User's Permit shall not guarantee the availability of Police response nor preclude the discontinuance of Police response due to violations set forth in Section 9.04.060. G. An Alarm User's Permit shall not be renewed if Police response has been discontinued as provided herein. H. It shall be unlawful for any person to use or operate an alarm system without first obtaining an Alarm User's Permit. Violation of this section is a misdemeanor. 9.04.050 Alarm Systems Terminating at City Police Department's Alarm Panel. 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. E. An Alarm User's Permit must be obtained and the required fee for alarms terminating at the Police Panel paid prior to connection. Ord. 37-83 147 9.04.060 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. The following schedule lists the number of allowable false alarms within the specified time period: a. Two (2) false alarms within thirty (30) days; or b. One (1) additional false alarm within a total of sixty (60) days from the first false alarm; or c. One (1) additional false alarm within a total of ninety (90) days from the first false alarm; or d. Six (6) false alarms within any lBO-day period.2. Exceptions:a. A thirty (3U) day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system.b. 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 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 this section.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. Such hazardous conditions are to include only those which the person's alarm system was specifically designed to detect or to alert the Police Department.C. Non-payment of Alarm User's Permit fee and/or Police Alarm Panel fee.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.9.04.070 Appeals to Council. Any person whose alarm service is ordered discontinued may appeal such decision to the City Council within fifteen (15) days from the date such order is issued. If appealed, such order of discontinuance or termination shall not be operative until the City Council rules on said appeal. The City Council may affirm, modify or overrule the order of the Chief of Police.SECTION III:If any section or part of any section of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, the remainder hereof not thereby invalidated shall remain in full force and effect. The City Council of the City of Orange hereby declares that it is the intent of such City Council that it would have passed all the other portions of this Chapter independent of the elimination herefrom of any such portion as may be declared 148 SECTION IV: 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 five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in the Orange City News, a news- paper 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 with Government Code Section 36933. 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