HomeMy Public PortalAboutOrd. 1236', ~ -
ORDINANCE NO. 1236
follows:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, RELATED TO BURGLARY,
ROBBERY, AND FIRE ALARM SYSTEMS
The City Council of the City of Lynwood does ordain as
Section 1. Chapter 33 of the Code of the City of
Lynwood (the C-" ode"), consisting of Sections 33-1 through
33-16, inclusive, is hereby added to the Code to read in full
as follows:
"Section 33-1. ALARM SYSTEMS: FINDINGS. The City
Council finds:
(a) Many burglar and holdup alarms to which law
enforcement responds are false. Such false alarms result in an
enormous waste of manpower. Such a large percentage of false
alarm may lull law enforcement officers into a sense of false
security since, in responding to an alarm, officers may
incorrectly assume it is a false alarm and may be seriously
injured or killed by criminals at the location.
(b) Many alarm systems automatically dial an
emergency phone number. Such systems are prone to be activated
by electrical current failures or other events having no
connection with criminal activity. Consequently, these systems
tie up emergency telephones, thereby making them unavailable to
receive genuine emergency calls.
(c) The danger to citizens through emergency response
created by false alarms is unnecessary and hazardous.
(d) The waste of tax dollars through responses
created by false alarms must be eliminated.
(e) False burglar and holdup alarms have created
conditions that endanger the health, safety and welfare of the
general public.
Section 33-2. DEFINITIONS. as used in this Chapter,
the words hereinafter defined shall have the respective
meanings assigned to them unless the context otherwise requires.
(a) Alarm Agent means any person employed by a
private alarm business whose duties include the altering,
installing, maintaining, moving, repairing, replacing, selling,
servicing, responding to or causing others to respond to an
alarm system in or on any building, structure or facility.
(b) Private Alarm Business means any business carried
on by any person who engages in the sale, lease, maintenance,
service, repair, alteration, replacement or installation of any
alarm or alarm systems in or on any building, structure or
facility.
(c) Alarm Owner means the person who has a
contractural right to use or make available for use by his
agents, employees, representatives or family, any alarm system,
or possesses title to the same.
(d) Alarm System means any mechanical or electrical
device designed or used for the detection of fire and/or
intrusion into a building, structure, or facility, which upon
detection causes a local audible alarm or transmission of a
signal or message. Alarm systems include, but are not limited
to, direct dial tone devices, audible alarms, and proprietor
alarms. Devices that are not designed or used to evoke a
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police or fire response or to. activate alarms that are intended
to be audible, visible, or_ perceptible outside of the protected
building, structure,.pr facility intended to be served by such
devices are not included within this definition, nor are
auxiliary devices that may suffer damage or disruption by the
use of an alarm.
(e) Appellant means a person as hereinafter defined,
who files an appeal pursuant to this Chapter.
(f) Applicant means a person as hereinafter defined,
who files an application for permit as provided for in this
Chapter.
(g) Audible alarm means a device designed to detect a
fire or an intrusion into a building, structure or facility
and which generates an audible sound on the premises when
it is actuated.
(h) City means the City of Lynwood.
(i) D~ means a calendar day.
(j)- Direct dial device means-a device which is
connected to a telephone line and upon activation of an alarm
system automatically dials a predetermined telephone number and
transmits a message .or signal indicating a need for an
emergency response and/or service.
(k) False Alarm means the activation of an alarm
system through mechanical failure, accident, misoperation,
malfunction, misuse, or the negligence of either the owner or
lessee.of the alarm system or any of their employees or
agents. False alarms shall. not include alarms caused by
independent acts of god or causes beyond the control of the
owner or lessee of the alarm system or their employees or
agents. It shall be the_responsibility of the owner or lessee
of the system to show that the cause was beyond their control.
(1) Fire Department means the Lynwood Fire Department.
(m) Person means an association, company,
corporation, firm, individual, organization, or partnership.
(n) Proprietor Alarm means an alarm system that is
not regularly serviced by a Private Alarm Business.
(o) Sheriff's Department means The County of Los
Angeles Sherif-f's Department or other law enforcement agency
under contract with the city to provide law enforcement
services.
Section-33-3. PERMIT FOR ALARM SYSTEM REQUIRED. No
person shall install or use an .alarm system without first
obtaining an alarm permit_issued by the City in accordance with
the provisions of this Chapter. Fees for this permit. shall be
established by City Council resolution.
Section 33-4. APPLICATION FOR PERMIT. Application
for. an alarm permit shall be filed with the City Clerk on forms
provided by the City. The application shall be signed and
verified by the owner or.lessee of the alarm system. for which
the permit is requested, and the application shall contain such
information as may be required by the City in order to ensure
that the permit is issued in accordance with the provisions. of
this Chapter.
Section 33-5. SUSPENSION AND REVOCATION OF PERMITS.
An alarm permit may be suspended and/or revoked as follows:
If, after investigation, the City determines that the permittee
has violated any provision of this Chapter, has violated any
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rules and regulations promulgated by the City pursuant to
authority granted by this Chapter, or has failed to pay a false
alarm fine as provided in Section 33-10, the City shall send to
the permittee, by United States mail, a notice of intent to
revoke the permit, which shall specify the violation or
violations determined by the City to exist and that the permittee
has the right to appeal the determination of the City to revoke
the permit to the City Manager pursuant to Section 33-6, and that
failure of the permittee to remedy the violation or violations
specified in the notice of revocation within said fifteen (15)
day period, or within such additional time as may be allowed by
the City upon a showing of good cause therefore, will result in
revocation of the alarm permit and the inability to use the
alarm system until a new permit is issued.
Section 33-6. NOTICE OF APPEAL. If any permittee is
aggrieved by any action of the City pursuant to the provisions
of Section 33-5, the applicant may appeal to the City Manager
by filing with the City Manager a Notice of Appeal, setting
forth the facts and circumstances regarding the appeal. This
Notice of Appeal shall be filed not later than fifteen (15)
days after service of a Notice of Revocation as provided for in
Section 33-5 of this Chapter. The City Manager shall, within
fifteen(15) days after the date on which the appeal is filed,
hold a hearing, consider all relevant. evidence, make findings
and determine the merits of the appeal. The City Manager may
affirm, overrule, or modify the action. The decision of the
City Manager, or his duly authorized representative, shall be
final.
Section 33-7. AUDIBLE ALARM REQUIREMENT. For each
and every audible alarm system, the owner thereof shall, in a
location clearly visible from the exterior of the premises,
post the names and telephone numbers of persons to be notified
to render repairs or service during any hour of the day or
night during which the audible alarm system is operated. Every
audible alarm shall be equipped to terminate its audible alarm
within ten (10) minutes after initial activation.
Section 33-8. PROHIBITIONS. No person shall install
or use an alarm system that upon activation emits a sound
similar to a siren in use for emergency vehicles or Civil
Defense purposes or dials directly to any sheriff, police or
fire station.
Section 33-9. INFRACTIONS. Violations of this
Chapter shall constitute an infraction punishable by the
following respective fines:
(a) Installing or using an alarm system without a
permit - $250.00. (Section 33-3).
(b) Failure to take corrective action - First
Offense - $50.00; second offense - $100.00; third and
subsequent offenses - $200.00. (Section 33-12).
(c) Operating an audible alarm system without a ten
(10) minute automatic reset - $100.00. (Section 33-7).
(d) Installing or using a direct dial alarm system -
$250.00. (Section 33-8).
(e) For installing or using an alarm system which,
upon activation, emits a sound similar to a siren used for
emergency vehicles or Civil Defense purposes - $250.00.
(Section 33-8).
(f) For maintaining, using, or possessing an alarm
system which has caused any signal, message, or alarm to be
transmitted to the Lynwood Fire Department or Sheriff's
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Department by communication from an alarm agent or an alarm
business or by a person responding to an audible alarm system
and which alarm system is determined to have been a false
system by the Fire Department or the Sheriff's Department: (1)
For the third false alarm within any twelve-month period, a
fine of $50.00; (2) For the fourth false alarm within any
twelve-month period, a fine of $150.00; (3) For the fifth and
each subsequent false alarm within any twelve-month period, a
fine of $250.00.
Section 33-10. OTHER FEES. Fees prescribed in this
Chapter shall be in addition to any other lawful fees imposed
by the City for doing or conducting business within the City.
Section 33-11. CORRECTIVE ACTION. After the Sheriff's
Department responds to any false alarm, a written report shall
be submitted to the Sheriff's Department by the permittee
describing actions taken to eliminate the cause of the false
alarm. The permittee shall submit this report within ten (10)
days of the date requested by the Sheriff. Failure by the
permittee to provide the Sheriff's Department with this report
shall be grounds for revocation of the permit. The permittee
has the right to appeal in accordance with Section 33-6 for any
revocation based upon failure to file such a report.
In the event that a permittee sustains three false
alarms within any twelve-month period, the City, in addition to
imposing the fines provided for herein, shall commence revocation
proceedings as provided for by Section 33-5, and may revoke the
permit within the time period provided for in that Section should
the permittee fail to demonstrate, to the satisfaction of the City,
that the alarm system is in good working order and will not cause
a subsequent false alarm.
Section 33-12. LIMITATIONS ON LIABILITY. The City is
under no obligation or duty to any permittee or any other person
by reason of any provision of this Chapter of the exercise of
any privilege by any permittee hereunder, including but not limited
to, any defects in a sheriff, police or fire alarm system, any
delay in transmission of an alarm message to any emergency unit
or damage caused by delay in responding to any alarm system by any
City officer, employee, or agent.
Section 33-13. EXEMPTIONS. The provisions of this Chapter
are not applicable to audible alarms affixed to motor vehicles or to
a public telephone utility whose only duty is to furnish telephone
service pursuant to tariffs on file with the California Public
Utilities Commission.
Section 33-14. APPLICATION OF CHAPTER. Any person
who, as of the effective date of this Chapter, possesses, has
installed and continues to use an alarm system that requires a
permit under this Chapter, shall apply for a permit as provided
for in Section 33-4 within six (6) months after the effective date
of this Chapter.
Section 2. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or. portion of this Ordinance
or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance
or its application to other persons or places. The City Council
hereby declares that it would have adopted this ordinance and each
section, subsection, .subdivision, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases,
or portions, or the application thereof to any person or place,
be declared invalid or unconstitutional.
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Section 3. The City Clerk is hereby ordered and
directed to certify to the passage of this ordinance and to
cause-the same to he published once in the Lynwood Press, a
newspaper of general circulation, printed, published, and
circulated in the City of Lynwood.
First read at a regular meeting of the City Council of
said City held on the 4th day of September , 1984, and
finally ordered published at a regular meeting of said Council
held on the 2nd day of October , 1884.
AYES: COUNCILMEN BYORK, HENNING, ROWE, THOMPSON, MORRIS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
ANDREA L. HOOPER, City C erk
City of Lynwood
APPROVED AS TO FORM:
ity Attorney
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E. L. MORRIS, AY R
City of Lynwood
APPROVED AS TO CONTENT:
~NALD W. LATHROPE, IRE CHIEF
DIRECTOR OF PUBLIC SAFETY
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Y O
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and
ex-officio clerk of the Council of said City, do hereby certify that the
above is a true and correct copy of Ordinance No. 1236 adopted by
the City Council of the City of Lynwood, and that the same was passed on
the date and by the vote therein stated.
Dated this 5th day of October lggq.
(SEAL)
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City Clerk, City of Lynwood '