Chapter 8.20
ALARM SYSTEMS
Sections:
8.20.020 Registration of alarm companies.
8.20.030 State license required.
8.20.040 Notice of change of address or ownership.
8.20.050 Alarm user’s permit required.
8.20.060 Required notices by alarm user.
8.20.070 Establishing civil penalties for excessive false alarms.
8.20.080 Alarm system regulations.
8.20.010 Definitions.
For the purposes of this chapter, the following definitions will apply:
“Alarm agent” shall mean any person who is self-employed or employed either directly or indirectly by an alarm company whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in, on, over or under any structure, place or premises.
“Alarm system” means any device, mechanical or electrical, designed for the detection of an unauthorized entry or detection of fires in a building, structure or facility. When actuated, it emits a sound or transmits a signal to indicate that an emergency situation exists, and to which emergency personnel are expected to respond. “Alarm system” shall not include audible alarms affixed to automobiles or alarms otherwise not reasonably expected to receive a response by emergency personnel.
“Alarm user” shall mean any person using an alarm system.
“Audible alarm” means a device designed for the detection of the unauthorized or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act, fire, or both, and which, when activated, generates an audible sound on the premises, to which emergency personnel would reasonably be expected to respond.
“City manager” shall mean the city manager of the city of Calimesa or his designated representative.
“Emergency personnel” shall mean the police chief and his deputies, fire or other emergency personnel, acting under contract to the city and/or as the city’s fire, police and law enforcement service.
“False alarm” shall mean the activation of an alarm system which results in response by peace officers, or other emergency personnel, when an emergency situation does not exist; provided, alarms which are determined to be caused by natural disasters will not be considered false alarms.
“Fiscal year” shall mean the period from and including July 1st of any year and to and including June 30th of the next succeeding year.
“Natural disaster” shall mean any act of nature such as wind, earthquake, flood, or fire, as determined pursuant to CMC 8.20.100.
“Person” shall mean any individual, partnership, corporation, or other entity. [Ord. 96-4 § 2; Ord. 93-3 § 1; Code 1990 § 6.13.01.]
8.20.020 Registration of alarm companies.
It shall be unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing, or monitoring an alarm system in, on, over or under any structure, place or premises within the city of Calimesa without first having registered with the city manager. Registration shall be accomplished by furnishing such information as may be required by the city manager, including, but not limited to, the full name of the alarm company, the number of the license issued by the California Department of Consumer Affairs for the alarm company, and the name, business address and telephone numbers, for any hour during the day or night, of the operations manager for the area which includes the city of Calimesa. [Ord. 93-3 § 1; Code 1990 § 6.13.02.]
8.20.030 State license required.
It shall be unlawful for any person, including the owners of an alarm company, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of an alarm system in, on, over, or under any structure, place or premises within the city of Calimesa without first having registered his name and filed with the city manager a copy of the alarm company operator’s license issued to him or her by the California Department of Consumer Affairs pursuant to California Business and Professions Code Section 7592. [Ord. 93-3 § 1; Code 1990 § 6.13.03.]
8.20.040 Notice of change of address or ownership.
Any alarm company registered with the city manager shall, within five days, report to the city manager any change of address or ownership of the company, or the name, business address and telephone numbers of the operations manager for the area which includes the city of Calimesa. [Ord. 93-3 § 1; Code 1990 § 6.13.04.]
8.20.050 Alarm user’s permit required.
A. No person shall use, maintain, possess, install, or cause to be installed an alarm system in, on, over or under any structure, place or premises owned by, in the possession of, or controlled by such persons within the city of Calimesa without first having obtained an alarm user’s permit in accordance with this section. The application for an alarm user’s permit shall be submitted on a form prescribed by the city manager and shall include the name, address and telephone number of the applicant, the address of the structure, place or premises where the system is to be located, the type and purpose of the alarm system, the name, address and telephone number of the person who will render service or repair the alarm system during any hour of the day or night, and in the case of a new installation, such additional information as may be required by the department of building and safety for the issuance of a building permit for the installation and inspection of the alarm system.
B. All alarm systems within the city of Calimesa shall utilize approved Underwriters’ Laboratories rated protection equipment. All electrical installations shall be in accordance with the applicable requirements of the city’s electrical code and all necessary permits shall be obtained therefor.
C. All applications for permits required by this section shall be accompanied by fees in an amount determined by resolution of the city council. [Ord. 93-3 § 1; Code 1990 § 6.13.05.]
8.20.060 Required notices by alarm user.
A. Every person maintaining an alarm system within the city of Calimesa shall post and file with the city manager a notice containing the names and telephone numbers of the persons to be notified in case of emergency or alarm activation, or to render service to the system during any hour of the day or night. The persons named shall include the occupant of the structure, place or premises, and the alarm company responsible for the maintenance of the system. The posted notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced. The notice shall be posted in such a position as to be clearly legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain current both the posted notice and the notice filed with the city manager.
B. If service is unavailable, audible alarms which have emitted signals in excess of 30 minutes are hereby declared to be a nuisance and the city manager shall cause such alarm to be disconnected by a registered alarm company with the cost therefor to be a charge against and payable by the alarm user. [Ord. 93-3 § 1; Code 1990 § 6.13.06.]
8.20.070 Establishing civil penalties for excessive false alarms.
A. The city manager may designate an alarm system at a specific location as a nuisance if such alarm system activates excessive alarms. It is hereby determined that the third false alarm and all subsequent false alarms within any fiscal year is excessive and constitutes a public nuisance.
B. Any person in violation of this section shall be liable for a civil penalty to be established by resolution of the city council. The city may recover the penalty so established either through an administrative hearing or a civil lawsuit.
C. The penalty established hereinabove shall be a charge against the alarm user, and shall constitute a debt of the alarm user.
D. The civil penalties established pursuant to this section shall not be exclusive, and shall not restrict the city’s ability to pursue other civil and/or criminal remedies for the same offense, or to bring an action to abate the offending alarm system as a public nuisance, in any manner allowed by law. [Ord. 96-4 § 2; Ord. 93-3 § 1; Code 1990 § 6.13.07.]
8.20.080 Alarm system regulations.
A. Repairs. After any false alarm caused by malfunction of the alarm system, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction before reactivating the alarm.
B. Notification. An alarm user shall cause the police department (the Riverside County sheriff’s department) to be notified prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm. Any false alarm resulting from failure to notify in advance as provided herein shall be considered a false alarm.
C. Prohibited Sound. No alarm system shall be installed or used which emits a sound similar to that of any emergency vehicle siren or a civil defense warning system, or which exceeds reasonable noise levels.
D. Contact Numbers Display. A responsible person’s number (an emergency telephone number at which the person responsible for the premises, alarm system activation, or otherwise) shall be displayed in a conspicuous location on the outside of each structure with an alarm system, or shall be on file with the police department (the Riverside County sheriff’s department) at all times.
E. Determination of “Natural Disaster.” The determination of whether a false alarm was caused by a natural disaster for purposes of this chapter shall be made by the city manager, based on objective evidence obtained from the police department, news or other scientific or meteorological sources. [Ord. 96-4 § 2; Ord. 93-3 § 1; Code 1990 § 6.13.08.]
8.20.090 Civil penalties.
A false alarm civil penalty shall be paid to the city after three false alarms have been received from any alarm system, with a 24-hour interval between false alarm responses.
A. No civil penalty shall be charged for false alarms occurring within 30 days following initial activation of any alarm system, provided said system otherwise complies with the requirements of this chapter. In order to avoid the penalties provided for herein, proof must be presented as to the date of initial activation of the system.
B. The first through second false alarms in any fiscal year shall not require payment of a civil penalty.
C. The third false alarm in any fiscal year will require the alarm user to pay a civil penalty as determined by resolution of the Calimesa city council.
D. All civil penalties established pursuant to this section shall be paid within 15 days from the date of the invoice rendered for said civil penalty.
E. In the event the alarm user sustains seven or more false alarms within any fiscal year, the city manager may declare the alarm system a public nuisance and may require deactivation of said alarm system until repairs are made. [Ord. 96-4 § 2; Code 1990 § 6.13.09.]
8.20.100 Appeals.
A. Appeals of determinations made pursuant to the terms of this chapter, including the levying of civil penalties and determinations that an alarm system constitutes a public nuisance, as well as the city manager’s determination of a natural disaster, may be made to the city in writing within 10 days of mailing of written notice by the city, and must be accompanied by payment in full of any penalty.
B. At its next regularly scheduled available meeting, the city council will make a determination of whether to return the civil penalty posted or uphold the penalty and determination of the city manager. [Ord. 96-4 § 2; Code 1990 § 6.13.10.]