Chapter 5.90 BURGLARY, ROBBERY AND FIRE ALARMS
5.90.010 Definitions. As used in this chapter, the words defined below are used as defined unless it is apparent from the context that a different meaning is intended.
“Alarm system” means any mechanical, electrical or electronic device that is designed or used for the detection of an unauthorized entry into a building, structure or facility or to signal the commission of an unlawful act, or that is designed or used for the detection of a fire condition and actuates a fire alarm signal device, or that produces a fire alarm signal in the event of system activation. It specifically does not include automobile alarms or auxiliary devices installed by a telephone company or utility which is or may be utilized to report equipment damage or disruption of service.
“Audible alarm” means a device designed for or to alert the detection of unauthorized entry on premises or the detection of a fire condition which generates an audible sound on the premises when it is activated.
“Direct dial device” means any system connected to a telephone line which upon activation, automatically dials a predetermined telephone number and transmits a message or signal indicating the need for an emergency response.
“False alarm” means an alarm signal activated through subscriber negligence or for reasons not of an emergency nature or when activated due to malfunction of any segment of the alarm system and which necessitates response by the Hawthorne police or fire department where an emergency situation does not exist.
“Silent alarm” means a device for the detection of unauthorized entry or illegal act upon the premises which does not generate an audible signal or sound on the premises when it is activated, but rather transmits a signal directly to the police department, police communication center or to an alarm company central office. (Ord. 1527 § 2, 1992.)
5.90.020 Alarm system permit—Required.
No person shall have installed on any premises under his control an alarm system without first applying for and receiving an alarm system permit. (Ord. 1527 § 2, 1992.)
5.90.030 Applications required.
Applications for all permits required hereunder shall be filed with the director of licensing and code enforcement and shall be accompanied by the requisite fee in accordance with the city’s fee resolution. (Ord. 1903 § 1, 2007; Ord. 1527 § 2, 1992.)
The fee for the renewal of an alarm system permit shall be established by the city council and contained in the city’s fee resolution. Permits shall be effective from July 1st through June 30th of each calendar year. (Ord. 1527 § 2, 1992.)
5.90.050 Correction of information.
Whenever a change occurs relating to the written information required on the alarm system permit application, the applicant or permittee shall give written notice to the appropriate department, either police or fire, within five days. (Ord. 1527 § 2, 1992.)
5.90.060 Notification of tests.
A robbery or burglary alarm permittee shall notify the police department watch commander on duty or the police dispatcher at the police communications center prior to any service, test, repair, maintenance, adjustment, alteration or installation of any alarm system which would normally result in a police response. A fire alarm permittee shall notify the fire department prior to any service, test, repair, adjustment, alteration or installation of any alarm system which would normally result in a fire response. Any alarm received after such notification shall not constitute a false alarm. (Ord. 1527 § 2, 1992.)
5.90.070 Suspension or revocation.
An alarm system permit for a burglary or robbery alarm system may be suspended or revoked by the chief of police for any of the following reasons except for systems required by law:
A. For failure to observe any of the regulations or other provisions of this chapter;
B. For false representations knowingly made upon any application or notice of change required by the provisions of this chapter;
C. Any alarm system designated a nuisance by the chief. The chief may designate an alarm system at a specific location as a nuisance if such alarm system actuates excessive false alarms. It is found and determined that more than three false burglary alarms or two or more false robbery alarms within any three consecutive calendar month period is excessive and thereby constitutes a nuisance. The chief shall not consider any false alarm in his computation of nuisance alarms if such false alarm occurred within thirty days of the date when the alarm system was originally installed and became operational or was generated by a violent act of God or nature and was not the result of the negligence of the alarm user, or his agents or employees, or a defect in the alarm system;
D. After the revocation of a permit, an applicant may refile for a permit if the applicant can show a material change in the circumstances that resulted in the revocation and a certification by an alarm company operator, or a person employed by the alarm company operator, that the system is in proper operating condition. (Ord. 1527 § 2, 1992.)
5.90.080 Notice of suspension or revocation.
A written notice of suspension or revocation, stating the reason for such suspension or revocation, shall be personally served upon or mailed to the permittee by certified mail addressed to the permittee at the permittee’s address shown on the application or on the latest notice of change on file with the city. In the event the notice is mailed, service shall be deemed complete upon deposit in the United States mail. The effective date of the revocation of an alarm system permit shall be fifteen days after the service of notice of revocation. During such fifteen-day period, the permittee may show cause, in writing, to the chief of police why the permit should not be suspended or revoked. Whenever the revocation of an alarm system permit becomes effective, the permit shall be surrendered forthwith to the chief of police and the alarm system shall forthwith be removed or deactivated. (Ord. 1527 § 2, 1992.)
5.90.090 Appeal procedure—Appeal.
The action of the chief of police in suspending or revoking an alarm system permit may be appealed to the city council. Written notice of such appeal shall be filed with the city clerk within fifteen days following the service of the notice of suspension or revocation. The city council shall hear and determine such appeal at its regular meeting held not less than seven days following the filing of the notice of appeal. Written notice of the time and place of the hearing shall be served on the permittee in the same manner as provided in this chapter for the service of a notice of suspension or revocation. A majority vote of the whole city council shall be required to reverse any suspension or revocation of an alarm system permit. Should the city council find that the suspension or revocation of the permit was appropriate, the permittee may be billed for all costs reasonably borne by the city in revoking the alarm system permit. (Ord. 1527 § 2, 1992.)
5.90.100 Charges for responding to false alarms.
A. Charges for false alarms shall be established by the city council and contained in the city’s fee resolution.
B. Exceptions: No charge shall be assessed for false alarms occasioned by disaster, power failure or other causes clearly not within the control of the permittee. No charge shall be made for a false alarm occasioned by an alarm company or subscriber testing, provided that the police or fire department has been notified before and after completion of said test. No charge will be assessed for false alarms that occur within thirty days from the date when the alarm system was originally installed and became operational. The permitted may still be charged for the costs of disconnecting a burglary or robbery alarm deemed a nuisance.
C. The provisions of this section do not apply to any federal, state, county or city agencies or to the Hawthorne police or fire department which may be engaged in the nonprofit installation and maintenance of tactical alarm systems utilized in crime or fire suppression. (Ord. 1527 § 2, 1992.)
5.90.110 Fees and charges constitute a valid and subsisting debt.
A. All fees and charges levied by the city under this chapter shall be due and payable upon presentation or as required by the city billing code.
B. All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the permittee to whom such services are rendered. If an amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment, a civil action may be filed with the court for the amount due and payable, together with any penalties, any related charges and fees accrued due to nonpayment, and all fees and charges required to file and pursue such civil action.
C. Fees and charges shall be levied for recovering city costs for notification and collection of delinquent accounts and shall be established by resolution of the city council. Such fees and charges are part of the fees and charges established for the services rendered and shall be collected as such. (Ord. 1527 § 2, 1992.)
A. No person shall install or maintain any audible burglary or robbery alarm system which emits an audible sound of longer than fifteen minutes.
B. Any audible alarm that continues to emit a sound for longer than fifteen minutes or generates more than three false alarms in any twenty-four-hour period shall be deemed a nuisance. An alarm that has been deemed a nuisance under this section may be disconnected by the chief of police or chief of fire services or their designee. Fire alarm systems, however, must be reconnected by the permittee and the fire alarm system must be operational within twenty-four hours. A designee may include, but is not limited to, police department personnel, fire department personnel, alarm company personnel or other city personnel. The permittee shall be charged for all costs incurred by or reasonably borne by the city in providing such a service.
C. All alarms shall be equipped 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 capable of at least four hours of operation. (Ord. 1527 § 2, 1992.)
Information furnished and secured in regards to alarm system permit applications will be kept confidential and will not be subject to public inspection. Applications will be kept so that the contents will not be known except to those persons charged with the administration of this chapter. (Ord. 1527 § 2, 1992.)
After any false alarm caused by a malfunction of the alarm system equipment, an alarm system permittee shall cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm. No person shall reactivate such alarm until such repairs have been made. A written statement from the alarm company operator, certify-ing that the alarm is in proper operating condition must be delivered to the appropriate chief, either Police or fire services, before reactivating the alarm. (Ord. 1527 § 2, 1992.)
The provisions of this chapter relating to permits and fees for installation are applicable only to those installations made after the effective date of this chapter.
A. The provisions of this chapter relate to audible alarms shall be in full effect as to all new and existing alarm systems on the date that the chapter takes effect.
B. It shall be the obligation of the permittee to maintain the alarm system in good repair. (Ord. 1527 § 2, 1992.)
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction therefor, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment for a period not to exceed six months, or both such fine and imprisonment. (Ord. 1527 § 2, 1992.)