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ORDINANCE NO.
1149
(City Council Series)
A..T>;j' ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
REGULATING ALARM SYSTEHS AND
CHARGING SERVICE FEES FOR FALSE
ALARMS.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter lOA is added to Article III of
the Santa Monica Municipal Code to read as follows:
Section 3960. Definitions.
For the purpose of this chapter, certain words and phrases
used here~n are defined as follows:
(a) "Alarm agent" shall mean any person who is employed
by an alarm business, either d1rectly or indlrectly, whose
duties include any of the following: sell1ng, maintaining,
leasing, servicing, repairing, altering, replacing, moving,
or installing on any bU11ding, place, or prem1ses any alarm
system.
(b) "Alarm business" shall mean any person engaged in
selling, leasing, maintaining, servicing, repairing, altering,
replac1ng, monitoring, moving, or installing any alarm system
or causing to be sold, maintalned, serviced, repaired, altered,
replaced, monltored, moved, or installed an alarm system ln
or on any build~ng, place, or premises.
. "Alarm
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system" shall mean any device designed for
the detection of an unauthor1zed entry on premises or for
alerting others of the commission of an unlawful act, which,
when actuated, emits a visible or audible signal beyond the
business premises or residential unit or d107elling protected by
such device, or trans~its a siqnal or messaqe to another
location.
(d) "Audible alarm" shall mean a device desiqned for
the detection of an unauthorized entry on oremises and Wh1Ch,
when actuated, generates an audible sound beyond the bus1ness
prem~ses or residential unit or dwelling orotected by such
nevice, and which device 1S not monitored by an alarm business.
(e) "False alarm" shall Mean an activated alarm or
alarm signal from any alarm system which is resoonded to by
the Police Department ~ut for which no emergency situation
exists or where there is no evidence to indicate that there
was an emergency situation as deterrnj ned b~T the respondinq
officer.
"False alarm" shall not include those alarms
actuated by extraordinary meteoroloqical, atmospher1c, or other
conditions or means as determined by the Police Chief.
(f) "Fiscal year" shall mean the per1.od from and includ1nQ
July 1 of any year to an0 includ1ng June 30 of the following
year.
(q) nperson" shall mean anv individual, or entity, as
def~ned ~n Section 1314 of this Code.
(h) nproprietor alarm" shall mean an alarm which is not
monitored or serviced bv an alarm business.
(i) "Subscriber" shall mean a oerson contracting with
an alarm business for the leasinq, servicing, or maintaininq
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of an-alarm system.
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(J) "Visihle" shall mean capable of beinq seen or
perce~ved by the naked eye.
Sect10n 3961. Requirements and Exemptions,
(a) False alarm reports re~ir~d.
A report shall be filed w1th the Police Chief for each
alarm transmitted to the Police Department, which report shall
contain the name, address, and telephone number of the
subscriher, in addition to whether or not the alarm was a
"false alarm" as defined in Section 3960(e) of this Code.
(b) Audi~le alarm re~uir~ents.
(1) Every person owning or maintaininq an
audible alarm shall Dost a notice containinq the name and
telephone number of the persons to be notified to render
repairs or services during any hour of the day or night the
burglar alar~ is activated. Such notice shall be posted
near the alarm in such a position so as to be leqlble from
the ground-level adjacent to the buildinq. In addition to
the post~ng requirements referred to in this subsection,
the occupant of the premises unon which an aud~ble alarm
is 1nstalled shall notify the Police Department of the name
and telephone number at which he ~ay be reached at any time
of the day or night.
(2) The owner of any audible alarm or subscr1ber
to an alarm service shall be responsible for deactivatina any
alarm within one hour after not~fication or after reasonable
efforts have been made to not1fy the owner or alarm business
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an alarm system.
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(j) "Visihle" shall mean capable of being seen or
perceived by the naked eye.
Section 3961. Requirements and Exemptions.
(a) F~lse alarm re~orts required.
A re~ort shall be filed with the Police Chief for each
alarm transmitted to the Police Department, which report shall
contain the name, address, and telephone number of the
subscriber, ln addition to whether or not the alarm was a
'~false alarm" as defined in Section 3960 (e) OT this Code.
(b) Audible alar~ reauirements.
(l) Every person owning or maintaininq an
audible alarm shall nost a notice containing the name and
telephone number of the persons to be notified to render
repairs or services during any hour of the day or night the
burglar alarm is activated. Such notice shall be posted
near the alarm in such a position so as to he legible fyom
the ground-level adjacent to the building. In addition to
the post~ng requirements referred to in this subsection,
the occupant of the premises uPon which an audible alarm
is installed shall notify the Police Department of the name
and telephone number at which he ~ay be reached at any time
of the day or night.
(2) The owner of any audible alarm or subscriber
to an alarm service shall be responsible for deactivat1nq any
alarm w1thin one hour after notification or after reasonable
efforts have been made to notify the owner or alarm business
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that such alarm has been activated and is ringing. The ringing
of any alarm for a per~od in excess of one hour after such
notificatlon or efforts of notification have been made is
hereby declared to be a public nuisance and subject to
misdemeanor prosecution or summary abatement.
(3) Every audible alarm installed after April 24,
1980, shall have a timing device which automatically shuts
off the alarm within fifteen (15) minutes after it is
activated.
(4) In addition to the provisions of (1) and (2)
above, every audible alarm without such tim1ng device and
lnstalled priorto Aprll 24,1980, shall be required to have such
a device installed if an activated aud~ble alarm is not
deactivated within one hour after notification to or after
reasonable efforts to notify the owner or alarm business
thereof. Violations of the provis10ns of subsections (l)
through (4), inclusive, of this Section shall be punishable
as misdemeanors pursuant to the provis1ons of Sectlon 1200
of th~s Code.
(c) Alarm agents: Permits in possession.
Every person engaged in the business of making, repairing,
servicing, altering, replaclng, removing, or instal11ng a
burglar alarm system shall carryon his person at all times
while so engaged a valid alarm agent permit as issued by the
State of California and shall display said per.mit to any
police officer upon request.
(d) Exemption.
The provisions of this Chapter shall not apply to
audible alarms affixed to motor ve~icles.
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Section 3963. Prohibition.
(a) Pre-recorded messages.
No person shall use or cause to be used any telephone
deVlce or telephone attachment that automatically selects any
pUblic telephone trunk line of the City other than that line
designated by the Police Chief to report a burglary or
emergency by prerecorded message.
Section 3964. Fees.
A service charge of Fifteen Dollars ($15.00) shall be
pald to the City by each subscr1ber of an alarm system or
property owner or lessor who has caused such an alarm to be
installed for a second response made to the location of a
false alarm by the Police Department during the same fiscal
year. A service charge of Thirty Dollars ($30.00) shall be
similarly paid to the City upon the th~rd response made to
the locatlon of a false alarm by the Police Department during
the same fiscal year, and a service charge of Forty-Flve
Dollars ($45.00) shall be similarly paid to the City upon the
fourth and each subsequent response made to the locatlon of
a false alarm by the Police Department during the same fiscal
year.
The subscriber of an alarm system or property owner or
lessor who has caused an alarm to be installed shall be declared
to be ma1ntaining a public nuisance in the event that more
than four (4) false alarms are recorded at the same location
during a single fiscal year, and shall be prosecuted pursuant
to the provisions of Section l200 of this Code.
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The Ch~ef of Police shall cause to be ~ssued a
monthly bill for the unpaid service charges accrued during the
billing period and any prior periods. Such bill shall be due
and payable within fifteen (15) days after the b1l1ing date.
All remedies shall be cumulative, and the use of one or
more remedies by the C~ty shall not bar the use of any other
remedy for the purpose of enforc1Qg the provis~ons of this
chapter. The amount of any service charge shall be deemed
a debt to the C1ty. An action may be commenced in the name
of the City in any court of competent ju~isdict~on for the
amount of any delinquent debt th1rty (30) days after it
becomes due and payable. Payment of any service charge
shall not prohlblt crlminal prosecutlon for the violatlon of
any of the prov1sions of this chapter.
SECTION 2. Any provis~on of the Santa Monica Municipal
Code or appendices thereto inconsistent therewith, to the
extent of such inconsistencies and no further, are hereby
repealed o~ modified to that extent necessary to affect the
provisions of this ordinance.
SECT IO!J 3. If any sectlon, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be
invalid or unconst1tutional by a decision of any court of
any competent Jurisdiction, such decision shall not affect
the val1d1ty of the remaining portions of the ordinance.
The City Council hereby declares that it would have passed
this ordinance and each and every section, subsection,
sentence, clause or phrase not dec~ared invalid or un-
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constitut~onal w1thout regard to whether any portion of
the ordinance would be subsequently declared invalid or
uncons~~tut~onal.
SECTION 4. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once in the official
newspaper with1n fifteen (IS) days after its adoption. The
o~dinance shall become effective after thirty (30) days
from its adoption.
APP AS TO FORM: ./
<!~Liff/
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L-RrCHARD L. KNJCKERI:.OCKER
City Attorney
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ADOPTED AND APPROVED THIS
25th
DAY
OF
I'>Iarch
J 1980 I
fi~
r(IOR ~ ,
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ
No, 114q I WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 11th DAY OF .'-larch
, 1980; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 25th DAY OF
BY THE FOllOWING COUNCIL VOTE:
March
I 1980
AYES:
COUNe I L(\1EMBERS :
Yannatta Goldway~ Jennlngs, Reed~
Rhoden, Scott, van den Steenhoven,
Bambrick
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCIlMEMBERS:
~one
ATTEST: