CHAPTER 9
BURGLAR ALARMS
Sections:
§ 4901 Direct Dial Telephone Device.
§ 4902 Audible Alarm Requirements.
§ 4906 Application for Permit.
§ 4907 Notification of False Alarm.
§ 4910 Service Charge – Appeal.
§ 4911 Suspension or Revocation.
§ 4914 Violation and Enforcement.
4900 Definitions.
As used in this Chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:
(a) “Alarm Owner” shall mean the person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system.
(b) “Alarm System” shall mean any device, whether known as a burglary, robbery or intrusion alarm, direct dial telephone device, audible or silent alarm or by any other name, which is used for the detection of an unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located, and are otherwise known as “proprietary alarm systems.” Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition.
(c) “Audible Alarm” shall mean a device designed to notify persons in the immediate vicinity of the protected premises by emission of an audible sound of an unauthorized entry on the premises or of the commission of an unlawful act.
(d) “Direct Dial Device” shall mean 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 emergency response.
(e) “False Alarm” shall mean an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. (Ord. 82-587, § 1)
4901 Direct Dial Telephone Device.
The use of an alarm system which is equipped with a direct dial device, which when activated automatically dials any telephone number in any office of the Sheriff, is hereby prohibited. (Ord. 82-587, § 1)
4902 Audible Alarm Requirements.
The alarm owner of every audible alarm within the City shall post in a conspicuous place near the front entrance of the building protected by the alarm 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 is operated. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within thirty (30) minutes of its being activated. (Ord. 82-587, § 1)
4903 False Alarm.
The knowing commission of a false alarm is hereby prohibited. This Section does not prohibit a test of an alarm system, permission for which must be obtained in advance from the Sheriff. (Ord. 82-587, § 1)
4904 Repair.
After any false alarm, the alarm owner shall, upon request by the Sheriff, submit a written report to the Sheriff describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within ten (10) days of the date of request by the Sheriff. (Ord. 82-587, § 1)
4905 Permit Required.
No person shall install or have installed or maintain on any premises under his control an alarm system without first applying for and obtaining an alarm system permit for the subject premises in accordance with the provisions of this Chapter. (Ord. 93-1018, § 1)
4906 Application for Permit.
Any person who is required to obtain an alarm system permit pursuant to CMC 4905 shall file an application in writing therefor in the office of the Finance Director on a form to be provided by the Finance Director. Such application shall be accompanied by a fee in an amount established by resolution of the City Council. (Ord. 93-1018, § 1)
4907 Notification of False Alarm.
After each false alarm, the Sheriff shall notify the permittee of a false alarm, in writing, of the date and time that the Sheriff’s Department responded to the false alarm. (Ord. 93-1018, § 1)
4908 Public Nuisance Alarm.
An alarm system which generates more than three (3) false alarms in any twelve (12) month period is hereby declared a public nuisance. (Ord. 82-587, § 2; Ord. 93-1018, § 2)
4909 Service Charge.
A service charge in an amount prescribed by resolution of the City Council shall be billed to and paid by the permittee of a particular alarm system for the fourth and each and every subsequent false alarm in any twelve (12) month period. No service charge shall be charged to a permittee of an alarm system for the first three (3) false burglary alarms in a twelve (12) month period. The fourth and each and every subsequent false alarm in any twelve (12) month period allowed by a permittee shall constitute an infraction. (Ord. 93-1018, § 2)
4910 Service Charge – Appeal.
Within ten (10) days of the date of imposition of a service charge pursuant to CMC 4909, a permittee may appeal such imposition to the City Administrator. Such appeal shall be in writing and shall specify the grounds for the appeal. Upon receipt of a request for an appeal, the City Administrator shall schedule a hearing at which time the permittee shall have an opportunity to present evidence and be heard. The hearing shall be conducted as provided in CMC 4912. (Ord. 93-1018, § 2)
4911 Suspension or Revocation.
When grounds as hereafter provided exist, an alarm permit may be suspended or revoked after a hearing is provided as set forth in CMC 4912. No suspension shall be for a period longer than three hundred sixty-five (365) calendar days. No person shall use an alarm system during the suspension or revocation of an alarm system permit. The following shall constitute grounds for suspension or revocation of an alarm system permit:
(a) Violation of any of the provisions of this Chapter;
(b) Failure to pay the City the service charge imposed pursuant to CMC 4909 when due; or
(c) Making a false statement on the permit application. (Ord. 93-1018, § 2)
4912 Hearing.
When the City Administrator determines that grounds exist for suspension or revocation of an alarm system, or when an appeal of imposition of the service charge is filed pursuant to CMC 4910, the City Administrator shall set a hearing during which the permittee shall have an opportunity to present evidence and be heard. Notice of the hearing shall be given in writing to the permittee no less than ten (10) days before such hearing and shall state the time and place of the hearing and, if applicable, the grounds for the suspension or revocation. The hearing shall be conducted by the City Administrator or his or her authorized representative as the hearing officer.
Within ten (10) days after the date of the hearing, the hearing officer shall give written notice of the decision to the permittee. The decision of the hearing officer may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten (10) days after the date of the notice of the decision by the hearing officer. The decision of the hearing officer shall be final unless appealed to the City Council in the manner provided herein. When an appeal is filed, any order of suspension shall be stayed pending the determination of the appeal. The decision of the City Council shall be final. (Ord. 93-1018, § 2)
4913 Exemptions.
The provisions of this Chapter do not apply 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. (Ord. 82-587, § 1; Ord. 93-1018, § 2)
4914 Violation and Enforcement.
A violation of this Chapter shall constitute an infraction and shall be punishable as provided in CMC 1200(b). The conviction or punishment of any person for violation of the provisions of this Chapter or for failing to secure a permit as required by this Chapter shall not relieve such person from paying the permit fee or service charge due and unpaid at the time of such conviction, nor shall the payment of any permit fee or service charge prevent criminal prosecution for the violation of any of the provisions of this Chapter. All remedies shall be cumulative, and the use of any other remedy for the purpose of enforcing the provisions of this Chapter. The amount of any permit fee or service charge shall be deemed a debt to the City, and an action may be commenced in the name of the City in any court of competent jurisdiction for the amount thereof. (Ord. 82-587, § 1; Ord. 93-1018, § 2)