CHAPTER 4.08
ALARM SYSTEMS
SECTION:
4.08.030: Registration Required
4.08.040: Notification Of Change
4.08.050: Alarm Agents; Registration In Possession
4.08.070: Correction Of Information
4.08.080: Alarm System Standards; Inspection
4.08.090: Alarm System Regulations
4.08.110: Right To Discontinue Response
4.08.120: Suspension Or Revocation Of Permit
4.08.010 PURPOSE:
The city finds and determines that the regulation of false alarms is necessary to promote the health, welfare and safety of the people as well as the necessary reduction of waste of manpower and tax dollars in response to false alarms. The public is using alarm systems which either are not properly operated by their users or which mechanically malfunction resulting in an increase in false alarm reports thereby constituting a hazard to the safety of peace officers, firefighters and the public in general. (1972 Code § 5.44.010)
4.08.020 DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
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ALARM AGENT: |
Any person who is self-employed or employed either directly of indirectly by an alarm business whose duties include any of the following: leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises. |
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ALARM BUSINESS: |
Any person, firm or corporation engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring an alarm system in or on any building, place or premises. This chapter specifically excludes retail establishments which sell, as part of their products, components for alarm systems, but which do not offer service, maintenance, repair, alteration, replacement, moving or installation of systems in or on any business, place or premises. |
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ALARM SYSTEM: |
Any device known as a fire, burglary, robbery or intrusion alarm, direct dial telephone service silent or audible 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, or both, or to signal the ignition or existence of a fire; and which when activated emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police or firefighters are expected to respond. |
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ALARM USER: |
Any person using an alarm system at his/her place of residence or business, whether it be owned, leased or rented and made available for use by his/her agents, employees, representatives or family. |
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AUDIBLE ALARM: |
A device designed for the detection of the ignition or existence of a fire or of an unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act, or both, and which, when activated, generates an audible sound on the premises. |
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BUSINESS: |
Any premises not qualifying as a "residential use", as such is defined in this chapter, and which includes schools and churches. |
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DIRECT DIAL TELEPHONE SERVICE (AUTOMATIC DIALING DEVICE): |
Any device which is connected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmit, by prerecorded message or code signal, an emergency message indicating a need for emergency procedures. |
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FALSE ALARM: |
An alarm signal activated by causes other than the ignition or existence of a fire, excepting where the signal is activated by any act which would be punishable pursuant to California Penal Code section 148.4, or other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect, necessitating a response by the police or fire department when an emergency does not exist. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm user is not a "false alarm". |
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PERSON: |
Any individual, partnership, corporation or other entity. |
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RESIDENTIAL: |
Any premises used as dwelling units, which includes apartments and lodging houses. |
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SILENT ALARM: |
A device designed for the detection of the ignition or existence of a fire or of an unauthorized entry on or attempted entry into a premises or structure and for alerting others of the commission of an unlawful act, or both, and which, when activated, transmits a signal or activates a device at a predesignated place other than the location where the alarm has been installed. (1972 Code § 5.44.020) |
4.08.030 REGISTRATION REQUIRED:
A. Alarm Business:
1. It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the city without first having registered with the police department; provided however, that registration shall not be required for any business which only sells or leases alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises.
2. Registration shall be accomplished within ninety (90) days from the effective date of this chapter by furnishing such information as may be required by the police department, including, but not limited to, the full name of the business, and the name and business address of the manager of operations for the area which includes the city, and the number of the license issued by the state director of consumer affairs for the alarm business, pursuant to California Business and Professions Code. (1972 Code § 5.44.030; amd. 2003 Code)
B. Alarm Agent: It is unlawful for any person, including the owners of an alarm business, to act as an alarm agent within the city without first having registered his/her name and filed with the chief of police a copy of the alarm agent registration card issued to him/her by the state director of consumer affairs, pursuant to the provisions of California Business and Professions Code; provided however, that nothing in this chapter shall require a person to so register in order to install, service, repair, alter, replace or move an alarm system on the premises owned or occupied by the person; and further provided, that nothing in this chapter shall require a person to so register who is merely a salesperson for any business not required to register under the provisions of subsection A of this section if such salesperson does not engage in any other activities related to alarm systems apart from selling. (1972 Code § 5.44.040; amd. 2003 Code)
4.08.040 NOTIFICATION OF CHANGE:
Any alarm business or alarm agent registered with the police department shall report within five (5) working days to the chief of police any change of address, ownership, name of business or location of business. (1972 Code § 5.44.050)
4.08.050 ALARM AGENTS; REGISTRATION IN POSSESSION:
Every person acting as an alarm agent within the city, other than those owned or occupied by that person, shall carry on his or her person, at all times so engaged, a valid state of California alarm agent’s registration card, and shall display such card upon request to any peace officer. (1972 Code § 5.44.060)
4.08.060 ALARM USER’S PERMIT:
A. Permit Required; Application:
1. No person shall install or cause to be installed, use, maintain or possess an alarm system at any residence or on any business premises owned or in the possession or control of such person within the city without having obtained an alarm user’s permit from the chief of police in accordance with this section. The application for an alarm user’s permit shall be filed with the chief of police.
2. The chief of police shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application shall include the address of the premises where the system is or shall be located and the name, address and telephone number of the applicant, and the person who will render service or repairs during any hour of the day or night.
3. For those alarm systems already in existence on the effective date of this chapter, ninety (90) days shall be provided for compliance with the permit application requirements.
B. Permit Denial: The permit may be denied by the chief of police if the alarm system does not comply with this chapter or the standards adopted under section 4.08.080 of this chapter. (1972 Code § 5.44.070)
4.08.070 CORRECTION OF INFORMATION:
Whenever any changes occur relating to the written information as may be required in section 4.08.060 of this chapter, the permit holder or his designee shall give written notice of such change to the chief of police within five (5) working days. (1972 Code § 5.44.080)
4.08.080 ALARM SYSTEM STANDARDS; INSPECTION:
A. Compliance With Standards: All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may, after the effective date of this chapter, be established by resolution of the city council.
B. Right Of Inspection: The city reserves the right to inspect all alarm systems subject to all applicable laws including California Code of Civil Procedure section 1822.50 et seq. (1972 Code § 5.44.090)
4.08.090 ALARM SYSTEM REGULATIONS:
A. Automatic Deactivation; Audible Alarms: Audible residential alarms shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator after activation within a maximum of fifteen (15) minutes. Audible commercial alarm systems shall be equipped with an automatic shutoff mechanism capable of terminating the audible annunciator within a maximum of thirty (30) minutes. Those persons having audible alarms installed prior to the effective date of this section shall have ninety (90) days from the effective date of this chapter to comply with the annunciator shutoff requirements of this section.
B. Disconnection Of Audible Alarms: If service is unavailable, audible alarms which have emitted an alarm signal in excess of the times set forth in subsection A of this section are a nuisance. The police department may cause such alarm to be disconnected by a registered alarm agent, with the cost therefor to be a charge payable by the alarm user. This charge will be separate and apart from all other charges.
C. Maintenance Notification: The alarm user shall notify the police department prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. Testing shall be held to a minimum required to ensure proper operation of systems.
D. Power Supply: Any alarm system which is subject to activation upon failure or interruption of normal electricity shall be equipped with an uninterruptible standby power supply. The power supply must be capable of at least four (4) hours of operation.
E. Repairs: When any false alarm is caused by a malfunction of an alarm system, the system shall be repaired to eliminate the malfunction. The alarm system annunciator or alarm panel termination shall be disconnected while repairs are made. Upon request by the chief of police, the alarm user shall provide a written report describing actions taken or to be taken to eliminate the cause of the false alarm(s). This report shall be submitted within ten (10) days of the date of request by the chief of police.
F. Panel Alarm Connections To County Communications: On or after the effective date of this chapter, no person shall install any alarm system which directly signals activation on the alarm panels in the communications center. This excludes banking and loan institutions or other specific high vulnerability installations as may be determined by the chief of police. Any existing alarm system of this type shall have ninety (90) days from the effective date of this chapter to comply by reprogramming to another source.
G. Panic Alarms: On or after the effective date of this chapter, no person shall install any alarm system which corresponds to the classification of a panic alarm; that is, a system designed to notify others of an emergency situation, but which does not, however, identify what type of emergency situation exists. Any existing alarms of this type shall have ninety (90) days from the effective date of this chapter to reprogram to another type of system.
H. Misuse Of Systems: Alarms are primarily designed to alert regarding fires, intrusions or robbery. Any use of an alarm to summon the police where a telephone call would best serve the purpose will constitute a misuse of the alarm system and a violation of this chapter; for example, using the alarm to summon police to a brawl or another type of disturbance.
I. Disconnection Of System: When any emergency alarms, messages, signals or notices are received by the police department showing that an alarm user has failed to meet any of the requirements of this section, the chief of police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with these requirements. (1972 Code § 5.44.100)
4.08.100 SERVICE FEE:
A. Fees Established: Any person having an alarm system which results in response by the police or fire department in which the alarm proves to be false, shall pay a service fee to the city as follows:
1. For the first false alarm in any calendar month there shall be no service fee. For the second and any subsequent false alarm within that period there shall be a service fee of fifty dollars ($50.00).
2. Commencing with the date of a new alarm installation, and for six (6) months thereafter, there shall be no service fee for the first through third false alarms. For the fourth and subsequent false alarms within that six (6) month period, there shall be a service fee of fifty dollars ($50.00) per false alarm. At the expiration of the six (6) month period, the service fee shall be governed by the provisions contained in subsection A1 of this section. (Ord. 2005-36, 6-20-2005)
B. Debt To City: The amount of any service fee shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent service fee. All service fees shall be deemed delinquent thirty (30) days after they are due and payable. (1972 Code § 5.44.110)
4.08.110 RIGHT TO DISCONTINUE RESPONSE:
A. Police Authority: The chief of police reserves the right to discontinue response by police officers to any location of a silent or audible alarm where: 1) no permit has been obtained; or 2) the alarm user’s permit has been denied, suspended or revoked.
B. Remedial Action: The nonresponse policy shall remain in effect until the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the chief of police, who shall determine reinstatement of the alarm user’s permit. (1972 Code § 5.44.120)
4.08.120 SUSPENSION OR REVOCATION OF PERMIT:
A. Police Chief Authority:
1. If at any time it comes to the attention of the chief of police that the holder of an alarm user’s permit under this chapter has violated any provisions of this chapter, the chief of police may suspend or revoke the permit.
2. If an alarm user’s permit is to be suspended or revoked as provided under this section, the chief of police shall notify the holder of the permit seventy two (72) hours before the effective hour of the suspension or revocation.
B. Other Grounds For Suspension Or Revocation: Suspension or revocation of an alarm user’s permit may also occur if:
1. The alarm user has been given written notice and assessed three (3) service fees within a one year period; or
2. The alarm user has failed to pay any such fee; or
3. Any person responsible for maintaining or servicing an alarm system refuses to respond to the scene and/or reset any alarm within the city. (1972 Code § 5.44.130)
4.08.130 APPEALS:
A. Right To Appeal; Hearing:
1. Any person whose permit has been denied, revoked or suspended pursuant to this chapter shall have the right, within ten (10) days after receiving notice of revocation or suspension from the chief of police, to file a written appeal, by mail, with the chief of police.
2. A hearing on the appeal shall be held within fifteen (15) days of receipt of the written appeal. At this hearing the appellant or his designated representative shall present written or oral argument, or both, in support of his appeal.
B. Application For New Permit; Restrictions:
1. An alarm system user whose permit has been revoked is not precluded under this section from applying for a new permit. The chief of police, however, is not required to issue a new permit unless he is satisfied that the alarm user’s system has been properly serviced and its deficiencies corrected.
2. The chief of police may impose reasonable restrictions and conditions upon issuing a new permit to an alarm user with respect to the particular system for which the permit was revoked. (1972 Code § 5.44.140)
4.08.140 CONFIDENTIALITY:
Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter. (1972 Code § 5.44.150)
4.08.150 PENALTY:
A. Penalty Imposed: Any person who violates any provision of this chapter, excluding the provisions of section 4.08.100 of this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the California Penal Code regarding misdemeanors.
B. Separate Offense For Each Day: Such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person. (1972 Code § 5.44.160)