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5752ORDINANCE NO. 5752 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.95.010, 4.95.020, 4.95.060, 4.95.070, 4.95.080 AND 4.95.160, ADDING SECTION 4.95.145, AND REPEALING SECTION 4.95.130 OF CHAPTER 4.95 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE ALARMS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 4.95.010 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be and the same is hereby amended to read as follows: "4.95.010 DEFINITIONS "Purpose. The public has purchased burglary and robbery alarm systems 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 Anaheim Police Department, thus needlessly diverting limited police resources. The purpose of this chapter is to set forth regulations governing the use of burglary and robbery alarm systems, require permits therefor, establish fees, and provide penalty for violations of provisions of this chapter. "(a) "Alarm systems" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility, or for alerting others of the commission of an unlawful act within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when actuated. 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 disrupted by the use of an alarm system. "(b) "Applicant" means a person, firm, or corporation who or which files an application for a permit as provided in this chapter. "(c) "Audible alarm" means that type of alarm system which, when activated, emits an audible alarm. "(d) "City" means the City of Anaheim. "(e) "Day" means calendar day. "(f) "False alarm" means an alarm signal activated, whether wilfully, unintentionally, negligently, inadvertently, due to mechanical malfunction, due to electrical malfunction, or due to weather conditions, necessitating a response and arrival by the Anaheim Police Department where there is no unauthorized entry or any visible criminal act. "(g) "Finance Department" means the Finance Department of the City of Anaheim. "(h) "Notice" means written notice, given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service. "(i) "Permittee" means any person, firm, partnership, association or corporation who or which shall be granted a permit, as provided herein, and his or its agents and representatives. "(j) "Person" means natural person, firm, partnership, association or corporation. "(k) "Police Chief" means the Police Chief of the City of Anaheim. "(1) "Proprietorship alarm" means an alarm which is not serviced by an alarm business. "(m) "Subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system, or for the maintenance of an alarm system, from an alarm business. "(n) "Signal channel" means a telephone line or other method of transmitting signals other than by the use of a telephone, which signals channels shall be caused to be installed and used by the permittee for the purpose of delivering a signal to the monitor as herein defined. 2 "(o) "Outdoor Alarm" means any alarm system designed to cover an outdoor area not secured by a building, structure or large area indoor facility, including but not limited to warehouses. "(p) "Visual Verification" means that when the alarm is activated, an intrusion or attempted criminal act on the premises is personally observed by someone at the location, such as a security guard, or is observed via closed circuit television." SECTION 2, That Section 4.95.020 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.95.020 PERMIT REQUIRED "No person shall install or use an alarm system without first applying and receiving an alarm permit therefor in accordance with the provisions of this chapter." SECTION 3. That Section 4.95.060 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.95.060 SUSPENSION AND REVOCATION OF PERMITS "If at any time it shall come to the attention of the Chief of Police that the holder of a permit issued under this chapter has violated any provisions of this chapter, rules, or regulations made pursuant to this chapter including, but not limited to, false alarms which exceed the numbers permitted pursuant to Section 4.95.080 of this chapter or has failed or refused to pay the false alarm prevention fee as provided in said section, the Chief of Police may revoke the permit. "If an alarm permit is to be revoked, as provided hereunder, the Chief of Police shall give the permittee fifteen days notice of his intention to revoke said permit by personal service or by registered mail addressed to permittee at the address set forth on the permit application. Upon failure of the permittee to cause the system to be repaired or to be properly used and operated within said fifteen day period, to pay the false alarm prevention fee, or to file an appeal to the City Council pursuant to Section 4.95.070, the permit shall be revoked at the 3 expiration of said fifteen day period and the alarm system may not thereafter be used until a new permit is issued. Said notice shall also provide that permittee may appeal the revocation to the Anaheim Police Department Hearing Review Officer as provided in Section 4.95.070 of this Chapter." SECTION 4. That Section 4.95.070 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.95.070 APPEAL OF REVOCATION "In the event a permit is revoked, or notice of revocation is given as provided in Section 4.95.060 of this Chapter, the permittee may appeal by filing a statement addressed to the Hearing Officer of the Anaheim Police Department setting forth the facts and circumstances regarding the actions of the Department within the time limits specified in the next paragraph. The Hearing Officer shall cause the appeal to be placed on the next available date on the Hearing Officer's calendar and notify the appellant. The Hearing Officer shall consider the appeal and may affirm or overrule the action of the Department. The right to appeal to the Hearing Officer from an action of the Department shall terminate upon the expiration of fifteen (15) days following deposit of the notice of intent to revoke in the United States Post Office or personal service of said notice. "The permittee will be notified of the decision of the Hearing Officer by mail or personal service and may appeal said decision to the City Council. The appeal to the City Council shall be filed with the City Clerk and shall consist of a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the Chief of Police and the decision of the Hearing Officer. The right to appeal to the City Council shall terminate upon the expiration of fifteen days following deposit of the Hearing Officer's decision in the United States Post Office or personal service of said notice. The City Clerk shall cause the appeal to be placed on the next available City Council agenda and notify the appellant. The City Council shall consider the appeal and may affirm, overrule, or modify the decision of the Chief of Police. Its decision shall be final. "All fees paid by permittee as provided by this chapter shall be forfeited in the event of revocation. Enforcement of a revocation notice pursuant to Section 4.95.060 shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. During the pendency of any appeal of revocation, the direct alarm system shall not be disconnected." SECTION 5. That Section 4.95.080 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.95.080 FALSE ALARM - PREVENTION PAYMENT 11.010 Prevention Payment "(a) When emergency alarms, messages, signals or notices are received by the Police Department that evidence a failure to comply with the requirements of this chapter or a permit issued hereunder, the Chief of Police is authorized to demand that the owner or lessee of the alarm system initiating such alarms, messages, signals, or notices, or his representative, disconnect the alarm system until it is made to comply with said requirements. "(b) The owner or lessee of any alarm system shall be assessed a fee for each false alarm in excess of three for any twelve month period. The fee shall be sixty dollars ($60.00) each for the fourth and fifth said false alarms; one hundred dollars ($100.00) each for the sixth and seventh said false alarms; two hundred dollars ($200.00) each for the eighth and ninth said false alarms; and three hundred dollars ($300.00) each for the tenth and succeeding said false alarms. The fee will be paid to the Finance Director for deposit into the General Fund. "(c) An alarm permit may be suspended or revoked as provided in Section 4.95.060, in addition to the payment of the prevention payment as provided in this section, or in the event of failure to pay the false alarm fees. "(d) Exceptions: "(1) A thirty -day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system. "(2) If the user shows that any false alarm was (i) the result of conditions beyond his control and not the result of negligence of himself or any of his employees, and (ii) that he neither knew of the defect in the alarm system nor in the L exercise of due care should have known of such defect, such false alarm shall not be deemed a "false alarm" as used in this chapter. ".020 Prevention Program "(a) The Police Department may provide an educational program for the prevention of false alarms. The Police Department shall allow an alarm permittee to attend any false alarm prevention program for the purposes of this section. Each person who attends the False Alarm Prevention Program shall pay a fee of ten dollars ($10.00). The Police Department shall collect the fee established by this section before or at the time of the person(s) attendance in the program. "(b) If the alarm permittee successfully completes the False Alarm Prevention Program, the Police Department shall issue the person a certificate. The certificate may be used in lieu of, or in addition to, one payment of (1) sixty dollars ($60.00) pursuant to Section 4.95.080, provided that the certificate is submitted within one (1) year of its issuance. "(c) An alarm permittee who attends the False Alarm Prevention Program provided pursuant to this section is not eligible to attend another program within twelve (12) months from the time in which the person last attended the program." SECTION 6. That Section 4.95.100 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.95.100 TESTING ALARM 11.010 Permittee shall notify the Anaheim Police Department Dispatcher prior to any service, test, repair maintenance, adjustment, alterations, or installations of systems which would normally result in a police response, which might activate a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. ".020 Notwithstanding Section 4.95.100.010, no person shall activate an alarm for the purpose of ascertaining the time it takes from when the alarm is activated until the arrival of a police officer (response time). Any person activating an alarm to ascertain response time is guilty of a misdemeanor punishable as set forth in Anaheim Municipal Code Section 1.01.370." 6 SECTION 7. That Section 4.95.110 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is here by, amended to read as follows: "4.95.110 PROHIBITIONS "It shall be unlawful to install or use an alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes." SECTION 8. That Section 4.95.130 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 9. That Section 4.95.145 be, and the same is hereby, added to Chapter 4.95 of Title 4 of the Anaheim Municipal Code to read as follows: "4.95.145 OUTDOOR ALARMS: VISUAL VERIFICATION REQUIRED "Before any police officer may be dispatched in response to an activated outdoor alarm, there shall be a visual verification, as defined in Section 4.95.010(p), and that verification shall have been communicated to the Anaheim Police Department." SECTION 10. That Section 4.95.160 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.95.160 VIOLATION OF CHAPTER; PENALTIES "Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be deemed guilty of an infraction." SECTION 11. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this 7 Ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 13. SAVINGS CLAUSE Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of Ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the Penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as Ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this9th day of January , 2001. ATTEST: C TY CLEJFK OF THE CITY OF ANAHEIM 38102.1 D MAYOR OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5752 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of December, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 9th day of January, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL) _.._ __.r CI CLERK F THE CITY OF ANAHEIM