4035s�'OLLOWS :
ORDINANCE NO. 4035
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 4.95 TO TITLE 4 OF THE ANAHEIM
:MUNICIPAL CODE RELATING TO FALSE ALARMS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTIOiV 1.
That new Chapter 4.95 be, and the same is hereby, added
to Title 4 of the Anaheim Municipal Code to read as follows:
"CHAPTER 4.95
SECTION 4.95.010 DEFINITIONS
Purpose. The public has pur-
chased burglary and robbery alarm systems which either
mechanically malfunction or are not operated properly
by their users, causing an increase in false alarm re-
ports 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 re-ulations overning the use of burg-
lary and robbery alarm systems, require permits there-
for, establish fees, and provide penalty for violations
of provisions of this Ordinance.
(a) 'Alarm System' means any mechani-
cal 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 buildings, struc-
ture or facility, or both, and which emits a sound or
transmits a signal or message U:Then 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 in-
cluded 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 alarr: system.
(b) 'Applicant' means a person, firm, or
corporation who or which files an application for a permit
as provided in this Ordinance.
(c) 'Audible Alarm' means that type of
alarm system which, when activated, emits an audible
alarm.
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(U) 'City' means the City of Anaheim.
(e) 'Day' means calendar day.
(f) 'False Alarm' means an alarm signal
necessitating response by the Anaheim Police Department
where an emergency situation does not exist.
(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 per-
son to be notified at his last known address. Service of
such notice shall be effective upon the completion of per-
sonal 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) 'Proprietor Alarm' means an alarm
which is not serviced by an alarm business.
(m) 'Subscriber' means any person who pur-
chases, leases, contracts for or otherwise obtains an alarm
system or for the servicing or maintenance of an alarm sys-
tem 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 signal 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.
(o) 'Standards, Regulations, Requirements,
and Duties' The Police Chief may prescribe minimum stand-
ards and regulations for the construction and maintenance
of all alarm systems installed within the City. These
standards and regulations shall become effective upon adop-
tion thereof by resolution of the City Council of the City
of Anaheim. All devices shall meet or exceed such stand-
ards and regulations before permits may be issued pursuant
to this Ordinance. The Police Chief may require inspection
and approval of all alarm systems installed within the City.
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SECTION 4.95.020 PERMIT REQUIRED
(a) Alarm System. No person shall in-
stall or use an alarm system without first applying and
receiving an alarm permit therefor in accordance with
the provisions of this Chapter.
(b) Audible Alarm Requirements. Every
person, corporation, or business maintaining an audible
alarm shall post a notice containing the name(s) and
telephone number(s) of the oerson(s) to be notified to
render repairs or service and secure the premises during
any hour of the day or night that the alarm system is
actuated. Such notice shall be posted near the alarm in
such a position as to be legible from the ground level
adjacent to the building where the alarm system is lo-
cated.
SECTION 11-95-030 EXE',TPTIONS
The provisions of this Chapter are
not applicable to audible alarms affixed to motor vehi-
cles or to a public utility whose only duty is to furnish
telephone service pursuant to tariffs and file with the
California Public Utilities Commission.
SECTION 41-95-040 PERMIT PROCEDURES
Application Forms. Applications for
all permits required hereunder shall be filed with the
License Collector. The lAcense Collector shall prescribe
the form of the application and request such information
as is necessary to evaluate and act upon the permit appli-
cation. The application for alarm systems shall require
the name, address and telephone number of the person who
will render service or repairs during any hour of the day
or night.
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SECTION 4-95-051 U NOTICE OF CHANCE
Whenever any change occurs relating
to the written information required by Section 4.95.040
(governing Application Forms) of this Chapter, the appli-
cant or permittee shall give written notice thereof to
the License Collector within twenty (20) days after such
change or at any hearing conducted under this Chapter if
such nearing is conducted before the said notice has been
given.
SECTIOTQT 4.9D-.060 SUSPENSIO \1 AND REVOCATIOiv OF PERMITS
If at anv time it shall come to the
attention of the Chief of Police that the holder of a per-
mit 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 (15) 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 (15) 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 revo�ied at the expiration of said fifteen (15) day per-
iod and the alarm system may not thereafter be used until
a new Dermit is issued. Said notice shall also provide
that permittee may appeal the revocation to the City
Council as provided in Section 4.95.070 of this Chapter.
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SECTION X1.95.070 APPEAL TO CITY COUNCIL
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 to the
City Council by filinJ with the City Clerk a statement ad-
dressed to the City Council setting forth the facts and
circumstances regarding the action of the Chief of Police
within the time limits specified in the next paragraph.
The City Clerk shall cause the appeal to be placed on the
next available City Council agenda and notify the appel-
lant. 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.
The right to appeal to the City
Council from an action of the Chief of Police shall ter-
minate upon the expiration of fifteen (15) days following
the deposit of the notice of intent to revoke in the
United States Post Office or uersonal service of said
notice.
All fees paid by permittee as pro-
vided b17 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 ti:rnely filed.
During the pendancy of any appeal of revocation the
direct alarm system shall not be disconnected.
SECTION 4.95.080 FALSE ALAI M - 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 Chanter or a permit, issued hereunder, the Chief of
Police is authorized to demand that the owner or lessee of
the alarrz 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 of Twenty -Five Dollars
($25.00) for each false alarm in excess of three (3) for
any twelve (12) month period, paid to the Finance Director
for deposit in 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.
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(d) Exceptions
(1) A thirty (30) 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 con-
trol 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
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.
SECTION 4.95.090 REPAIR
After any false alarm caused by a
malfunction of the alarm system, an alarm system permittee
shall cause the alarm system to be repaired so as to
eliminate such malfunction before reactivating the alarm.
A person shall not reactivate such alarm until such re-
pairs have been made.
SECTION L11_.95.100 BESTING ALARM
Permittees shall notify the Anaheim
Police Department Emergency Equipment Dispatcher prior to
any service, test, repair, maintenance, adjustment, alter-
ations, 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.
SECTION 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 4.95.120 LIMITATION ON LIABILITY
The City of Anaheim is under no
obligation or duty to any permittee or any other person
by reason of any provision of this Chapter, or the exer-
cise of any privilege by any permittee hereunder includ-
ing, but not limited to, any defects in a police or fire
alarm system, any delay in transmission of an alarm mes-
sage to any emergency unit or damage caused by delay in
responding to any alarm by any City officer, employee or
agent.
SECTIOiv 4.95.130 APPLICATION OF CHAPTER
Any person who, on the effective
date of this Ordinance, possesses, has installed, or uses
an alarm system which requires a permit under this Chapter
shall apply for a permit, as provided in this Chapter,
within ninety (90) days after the effective date of this
Ordinance.
SECTION 4.95.140 RIGHT OF ENTRY
The enforcing authority shall have
the right, and is hereby authorized and empowered, to
enter or go on or about any building or premises during
regular business hours and days for the purpose of in-
specting the alarm system.
SECTION 4.95.150 ENFORCEMENT PROVISION
The enforcing authority is directed
to administer and enforce the provisions of this article/
chapter. lithe enforcing authority shall be the Police
Department.
SECTION 4.95.160 VIOLATION OF ORDINANCE
Penalties. Any person violating any
of the orovisons of this Ordinance shall be deemed guilty
of an infraction."
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SECTION 2 .
SEVERABILITY.
'!'he City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this chap-
ter 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 chapter independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 3.
The City Clerk shall certify to the passage of this or-
dinance and shall cause the same to be printed once within fifteen
(15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, printed, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
` hE FOHE ING ORBINANC
Laity Council of the City of Anah
ATTEST:
C Y CLERK OF THFNCTTY OF ANAHEIM
RZOF : fm
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 4035 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 14th day of August, 1979,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 21st day of August, 1979, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4035 on the 21st day of August, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this .21st day of August, 1979.
CITY C ERK OF THE CIT OF ANAHEIM
(SEAL)
I. LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 4035 and was published once in
the Anaheim Bulletin on the 31st day of August, 1979.
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CITY CLER