Chapter 3.56 - ALARM SYSTEMS*
Sections:
3.56.010 - Definitions.
As used in this chapter:
A. "Alarm site" means a single fixed premises or location served by an alarm system or systems. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site.
B. "Alarm user" means any person, who (which) has contracted for monitoring, repair, installation or maintenance service from an alarm installation company or monitoring company for an alarm system, or who (which) owns or operates an alarm system which is not monitored, maintained or repaired under contract.
C. "Alarm user awareness class" means a class, approved or run by the Manhattan Beach Police Department 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.
D. "Burglar alarm" means an alarm system activated by unauthorized intrusion, motion, glass breakage, or any other forced or unauthorized ingress or egress by means of electronic sensors at points of entry or other methodology which is connected to a monitor.
E. "Direct dial device (also known as an automatic voice dialer)" means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law enforcement, public safety or emergency services agency requesting dispatch.
F. "Fire alarm system" is a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of fire or system activation.
G. "Monitoring" means the process by which a monitoring company receives signals from an alarm system and relays an alarm dispatch request to the Fire or Police Department or Fire or Police Communications Center for the purpose of summoning law enforcement to the alarm site.
H. "Fire watch" means a person or persons approved by the Fire Chief or his or her designee assigned twenty-four (24) hours per day to a designated premises for the purpose of protecting the occupants from fire or similar emergencies. A fire watch may involve at least some special action beyond normal staffing, such as assigning an additional security guard(s) to walk the premises, who has been specially trained in fire prevention and in the use of fire extinguishers, in notifying the Fire Department, in sounding the fire alarm system located on the premises, and in understanding the particular fire safety situation.
I. "Monitoring company" means a person or business entity in the business of providing monitoring services.
J. "Panic alarm" means an audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.
K. "Person" means an individual, corporation, partnership, association, organization or similar entity.
L. "Robbery alarm" has the same meaning as "panic alarm" defined in this section.
M. "Qualified fire alarm technician" means any person who inspects, installs, repairs or performs maintenance on fire alarm systems. This person shall be:
a) factory trained and certified;
b) National Institute of Certification in Engineering Technologies (NICET) Fire Alarm Level II certified; or
c) licensed or certified by the State of California.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)
3.56.020 - Permit required.
In addition to any other permit which may be required by law any burglar, panic or robbery alarm system operating within or upon any premises located in the City of Manhattan Beach shall have a current alarm permit issued by the City. A separate alarm permit shall be required for each alarm site.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)
3.56.030 - Permit process.
Application for alarm permits shall be made to the Finance Department of the City. The fee for an alarm permit or an alarm permit renewal shall be established by resolution of the City Council and shall be paid by the alarm user. No refund of a permit or permit renewal fee will be made. The initial alarm application (on a form provided by the City) and permit fee must be submitted to the Finance Department prior to the alarm system installation or alarm system takeover. Upon receipt of a completed alarm permit application form and the alarm permit fee, the City shall register the applicant unless the applicant has: failed to pay a fine assessed under Section 3.56.100; or had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. Copies of all plans and schematics for the alarm system shall be submitted with the application. Any alarm system may be subject to field inspection by City Building Inspectors, Fire Inspectors or representatives of the Police Department. Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit or revocation of permit.
An alarm permit cannot be transferred to another person or alarm site. An alarm user shall inform the City of any change that alters any of the information listed on the alarm permit application within five (5) business days of such change.
All fines and fees owed by an applicant must be paid before an alarm permit may be issued or renewed.
An alarm permit shall expire on December 31 st of each year, and must be renewed annually by submitting an updated application and a permit renewal fee to the Finance Department. The City shall notify each alarm user of the need to renew thirty (30) days prior to the expiration of the permit. It is the responsibility of the alarm user to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a non-permitted alarm system and citations and penalties shall be assessed. A late fee, in an amount to be set by resolution of the City Council, may be assessed if the renewal is late.
(§ 2 (part), Ord. 2060, eff. September 17, 2004, as amended by § 2, Ord. 2134, eff. October 7, 2010)
3.56.040 - Registration of alarm installation companies and monitoring companies.
No person, individual, firm, company, association, organization, partnership, corporation or other entity shall engage in, conduct, or operate as an alarm installation company and/or monitoring company, or agent to an alarm installation company and/or monitoring company with regard to any burglar, panic or robbery alarm system within the City, without registering its name and filing a copy of its State of California identification card and a copy of its City business license with the City Finance Department.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)
3.56.050 - Duties of alarm installation company and monitoring company.
A. An alarm installation company, or agent to the alarm installation company, shall obtain an alarm permit prior to installation or reactivation of any burglar, panic or robbery alarm system.
B. The alarm installation company for any burglar, panic or robbery alarm system shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms.
(§ 2 (part), Ord. 2060, eff. September 17, 2004, as amended by § 2, Ord. 2134, eff. October 7, 2010)
3.56.060 - Duties of the alarm user.
A. Any person owning or occupying a premises equipped with a fire, burglar, panic or robbery alarm system shall insure that the system is properly maintained.
B. An alarm user of a burglar, panic or robbery alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible at the alarm site will sound for no longer than ten (10) minutes after being activated. Any audible alarm that continues to emit a sound for longer than ten (10) minutes or generates more than two (2) false alarms in any twenty-four- (24) hour period may be declared a nuisance by the Police Chief or Watch Commander. An alarm that has been declared a nuisance under this section may have police response suspended at the direction of the Police Chief or Watch Commander. Pursuant to this chapter, the alarm user shall be charged for all costs incurred by or reasonably borne by the City in suspending response to the nuisance alarm.
C. An alarm user shall not adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible at the alarm site will create a sound similar to an emergency vehicle siren or any civil defense warning system.
D. An alarm user of a burglar, panic or robbery alarm system shall equip the alarm system with an uninterruptible power supply in such a manner that the failure or interruption of normal electrical utility power shall not activate the alarm system. This power supply must be rechargeable and maintained so as to be capable of at least four (4) hours of continuous operation.
E. E. An alarm user shall not use direct dial devices, also known as automatic voice dialers.
F. An alarm user shall maintain on the premises at which the alarm is installed, a set of written operating instructions for each alarm system.
G. All alarm users of burglar, panic or robbery alarm systems shall agree with their alarm installation company and/or monitoring company to go through an "acclimation period" for the first seven (7) days after installation of an alarm system during which time the alarm installation company and/or monitoring company will have no obligation to and will not respond to any signal from the alarm and will not make an alarm dispatch request to the City, even if the alarm signal is the result of an actual alarm event.
H. Alarm users shall notify the City's Police and/or Fire Communications Center prior to any service, test, repair, maintenance, adjustment, alteration or installation of any alarm system which would normally result in a Police or Fire Department response. Any alarm received immediately following such notification shall not constitute a false alarm for the purposes of this chapter. If no notice of test is given any such test alarm shall be considered a false alarm for purposes of this chapter.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)
3.56.070 - False alarms.
For purposes of this chapter a "false alarm" shall mean the activation of any alarm which results in a response by the Fire Department or Police Department where the activation of the alarm is caused by the failure, malfunction, improper installation, improper or lack of maintenance, negligence or intentional misuse and there is no safety issue and/or no intrusion by unauthorized persons.
In the event the activation of a burglar alarm system is deemed by the Police Department to be a false alarm it shall be documented by the Police Department. Upon accumulation of more than one (1) false alarm within a calendar year, a false alarm activation report and bill shall be generated in the amount reflected in the City of Manhattan Beach Resolution of Fees. Each additional false alarm within that calendar year shall generate additional billing as reflected in the City of Manhattan Beach Resolution of Fees.
In the event any activation of a panic alarm system is deemed by the Police or Fire Department to be a false alarm it shall be documented by the Police Department. Upon a determination that the alarm was false, a false alarm activation report and bill shall be generated in the amount reflected in the City of Manhattan Beach Resolution of Fees. Each additional false panic alarm shall generate additional billing as reflected in the City of Manhattan Beach Resolution of Fees.
In the event the activation of a fire alarm system is deemed by the Fire Department to be a false alarm it shall be documented by the Fire Department. Upon accumulation of more than two (2) false alarms within a 180-day period, a false alarm activation report and bill shall be generated in the amount reflected in the City of Manhattan Beach Resolution of Fees. Each additional false fire alarm within that 180-day period shall generate additional billing as reflected in the City of Manhattan Beach Resolution of Fees.
Receipt of a sixth false burglar, panic or robbery alarm activation report or a third false fire alarm activation report within a one (1) year period shall require the alarm user to return a completed report of service/repair within fifteen (15) days of receipt of the false alarm activation report to verify, to the reasonable satisfaction of the appropriate department, that: (a) the alarm system has actually been examined by a qualified alarm technician for the type of alarm involved; and (b) a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the false alarm. Failure to return a report of service/repair within said fifteen (15) day period, which is reasonably satisfactory to the appropriate department, shall be a violation of this chapter.
(§ 2 (part), Ord. 2060, eff. September 17, 2004, as amended by § 2, Ord. 2134, eff. October 7, 2010)
3.56.080 - Fines.
A. Charges for false alarms shall be billed to the alarm user in amounts established by resolution of the City Council.
B. In addition to false alarm fines, any person operating a non-permitted burglar, panic or robbery alarm system will be subject to a fine for operating an unpermitted alarm in an amount established by resolution of the City Council. The City may waive this additional fine for a non-permitted system if the alarm user submits an application for alarm permit within ten (10) days of notification of such violation.
C. A burglar, panic or robbery alarm user may attend alarm user awareness class to obtain a refund for one (1) paid false alarm activation fine in a calendar year. The alarm user shall be responsible for paying a fee for the alarm user awareness class in the amount established by resolution of the City Council.
D. If it is determined that an alarm company employee knowingly made a false statement concerning the inspection or the performance of an alarm system that company's Manhattan Beach business license may be suspended for up to ninety (90) days following notice and an opportunity for a hearing as provided for in Section 3.56.110 below.
E. This section does not apply to any Federal, State, County or City agency, school district, special district or police agency, including the Manhattan Beach Police Department which is engaged in the non-profit installation and maintenance of tactical alarm systems used in crime suppression.
(§ 2 (part), Ord. 2060, eff. September 17, 2004, as amended by § 2, Ord. 2134, eff. October 7, 2010, as amended by § 2, Ord. 2134, eff. October 7, 2010)
3.56.090 - Suspension of response to alarm system.
The Chief of Police or his or her designee may order the suspension of automatic response to any burglar, panic or robbery alarm system and the Fire Chief or his or her designee may order the suspension of response of any fire alarm system under the following circumstances:
A. The alarm user has more than six (6) false burglar, panic or robbery alarms or three (3) false fire alarms in any calendar year;
B. The alarm user has failed to pay a fine assessed under the authority of this chapter within ten (10) days of receiving notice of the assessment fine;
C. The alarm user has failed to provide proof of repair of a faulty alarm system within ten (10) days after receiving notice to repair from the City.
In any case where response to a fire alarm has been suspended the Fire Chief may order that a fire watch be maintained in lieu of the alarm system. Any fire watch so ordered shall meet the standards established by the Fire Chief.
The alarm user of a system to which response has been suspended pursuant to the provisions of this section shall be entitled to notice and a hearing under Section 3.56.110 of this chapter.
Nothing in this section precludes the use of any other legal remedy available to the City.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)
3.56.100 - Reinstatement of response to alarm system.
A. Any alarm system which has been disconnected under the authority of this section may be reconnected by complying with the following:
- In the case of burglar, panic or robbery alarms the user submits a new application and pays the reinstatement fee established by resolution of the City Council;
- Pays, or otherwise resolves, all outstanding fees, citations and fines; and
- Submits a certification from an alarm installation company, stating that the alarm system has been inspected and adjusted or repaired (if necessary) by the alarm installation company.
B. In addition, with regard to burglar, panic or robbery alarms systems, the Police Department may require one (1) or more of the following as a condition to reinstatement:
- Proof that an employee of the alarm installation company or monitoring company caused the false alarm;
- A certificate showing that the alarm user has successfully completed an alarm user awareness class operated or approved by the appropriate department;
- Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01;
- A written statement from an independent inspector designated by the appropriate department that the alarm system has been inspected and is in good working order;
- Confirmation that the alarm system requires two independent zones to trigger before transmitting an alarm signal to the monitoring company;
- Confirmation that the alarm system requires two independent detectors to trigger before transmitting an alarm signal to the monitoring company;
- Certification that the monitoring company will not make an alarm dispatch request unless the need for a response is confirmed by a person at the alarm site.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)
3.56.110 - Appeals.
Any person subject to a fine or other administrative penalty pursuant to this chapter shall have the right to request an administrative hearing before an impartial Hearing Officer within thirty (30) calendar days of notice of the imposition of fines and/or response costs under this chapter. To request such a hearing, the person requesting the hearing shall notify the Manhattan Beach City Clerk's Office in writing by the close of business of the thirtieth (30th) calendar day from the date of issuance of the notice.
The Manhattan Beach City Manager shall assign a neutral Hearing Officer to conduct such administrative hearings as may be required. The City may contract for the services of neutral Hearing Officers as appropriate and the Hearing Officers may be compensated for their services. Notwithstanding any other provision of this Municipal Code the decision of the hearing officer in any such appeal under this chapter shall be final.
The costs of the administrative hearing shall be assessed to the responsible person in addition to any other fines and penalties in the event that the citation or imposition of costs is upheld.
(§ 2 (part), Ord. 2060, eff. September 17, 2004, as amended by § 2, Ord. 2134, eff. October 7, 2010)
3.56.120 - Violation.
Violation of any provision of this chapter shall be a misdemeanor notwithstanding the availability of any fine or other administrative remedy under this chapter or any other remedy available under the law. Imposition of any such administrative remedy shall not preclude filing criminal charges based upon the same factual transaction.
(§ 2 (part), Ord. 2060, eff. September 17, 2004)