Chapter 5.12
ALARM SYSTEMS
Sections:
5.12.010 Definitions.
5.12.020 Applicability to existing alarms.
5.12.030 Exemptions to chapter applicability.
5.12.040 Permit – Required.
5.12.050 Permit – Application and issuance.
5.12.060 Permit – Fee.
5.12.070 Licensing.
5.12.080 Permit – Suspension or revocation – Grounds.
5.12.090 Permit – Suspension or revocation – Hearing.
5.12.100 Appeal procedure.
5.12.110 Rules and regulations – Police Chief authority.
5.12.120 Alarm system standards.
5.12.130 Connection fee.
5.12.140 Alarm agent requirements.
5.12.150 Unlawful acts designated.
5.12.160 Direct connections.
5.12.170 Alarm board maintenance.
5.12.180 False alarm – Public nuisance.
5.12.190 Enforcement of provisions.
5.12.010 Definitions.
1.a. “Alarm agent” means any person who is employed by an alarm business operator, either directly or indirectly, who does not respond to activated alarms but whose duties include any of the following: maintaining, leasing, servicing, repairing, altering, installing, replacing or moving on or in any building, structure or facility, any alarm system.
b. Exemption. The provisions of this section do not include a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.
2. “Alarm business” means the business of any person consisting of: selling and installing, maintaining, servicing, altering, replacing or moving any alarm system or component parts thereof in or on any building, structure or facility responding to alarm systems.
3. “Alarm business operator” means any person who operates any business engaged in the sale and installation, maintenance, alteration or servicing the alarm systems, or which responds to such alarm systems. Alarm business operator does not include a business which merely sells from a fixed location or manufactures alarm systems, unless such business services, installs, monitors or responds to alarm systems at protected premises.
4. “Alarm system” means any assembly of equipment and devices designed to signal the presence of a potential hazard which terminates at the police department communications center, relayed by an alarm answering service or any other audible or silent alarm device to which the police are expected to respond. In this chapter, the term “alarm system” includes the terms “automatic robbery alarm systems,” “burglar alarm systems,” “robbery alarm systems,” “manual robbery alarm systems” and “intrusion alarms” as those terms are defined in this chapter. Fire alarm systems and alarm systems which monitor temperature, humidity or anything other than an unauthorized intrusion into a premises or an attempted burglary or robbery at a premises are specifically excluded from the provisions of this chapter.
5. “Alarm user” means any person on whose premises an alarm system is maintained within the City, except for alarm systems on motor vehicles or proprietary systems. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietary system), the person using such a system is an alarm user. Also excluded from this definition and from the coverage of this chapter are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located, of an attempted burglary, unauthorized intrusion or robbery attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this chapter.
6. “Annunciator” means the instrumentation on an alarm console at the receiving terminal of a signal line which through both visual and audible signals shows when an alarm device at a particular location has been activated or indicates line trouble.
7. “ANSI” means the American National Standards Institute.
8. “Answering service” means a telephone answering service which receives emergency signals from alarm systems on a continuous basis through trained employees, and thereafter immediately relays the messages from such signals by live voice to the communication center of the police department.
9. “Audible alarm” means any device or system designed to signal the presence of a potential hazard which when activated is capable of being heard within the premises or the immediate area thereof.
10. “Automatic dialing system” means an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.
11. “Automatic robbery alarm system” means an alarm system in which the signal transmission is initiated by the action of the robber.
12. “Central station” means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits and where guards are maintained continuously to investigate signals.
13. “Central station equipment” means the signal receiving, recording or retransmitting equipment installed in the central station.
14. “Central station system” means a system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, maintained and supervised from a central station having trained operators and guard in attendance at all times.
15. “Commercial alarm” means an alarm installed on premises which are primarily used for one or more of the following:
a. Business providing sales, service or both;
b. Public agency or nonprofit entity or organization providing service to the general public or a significant segment thereof. The term “commercial alarm” does not include any alarm installed on premises primarily used for residential purposes.
16. “Communications center” means the city police department communications center maintained to receive and dispatch telephone and radio messages requiring action of police, fire and other departments of the City.
17. “Direct connect” means an alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by a local governmental agency, such as a City or police communications center.
18. “Direct line” means a telephone line leading directly from a central station to the communications center of the City that is for use only to report emergency signals on a person-to-person basis.
19. “Emergency” means the occurrence of a criminal event which requires the immediate response of local law enforcement, fire or medical agencies.
20. “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance or the negligence of the owner, lessee or of his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other violent, uncontrollable acts of nature.
21. “Robbery alarm system” means an alarm system signaling a robbery or attempted robbery.
22. “Interconnect” means to connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilizes a standard telephone for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm.
23. “Intrusion alarm system” means an alarm system signaling an entry or attempted entry into the area protected by the system.
24. “Local alarm system” refers to a signaling system which when activated causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.
25. “Manual hold-up alarm system” means an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.
26. “Modified central station” means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Such modified central station is not listed by Underwriters’ Laboratories.
27. “Police Chief” means the Chief of Police of the police department or his designated representative.
28. “Police” or “police department” means the Livermore police department.
29. “Primary trunk line” means a telephone line leading directly into the communications center of the City for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company and covering the service area within the police department’s jurisdiction.
30. “Proprietary system” means an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, and under the supervision of the proprietor of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to a police communications center, a central station, modified central station or answering service, it thereby becomes an “alarm system” as defined in this section.
31. “Remote signaling system” means an alarm signaling system which, when activated by an alarm device, transmits a signal from an alarm signaling device to a central location, other than the communications center, where appropriate action is taken to investigate and respond to the signal.
32. “Signal line” means the transmission line through which the signal passes from one of the elements of the signal transmission to another.
33. “Special trunk line” means a telephone line leading into the communications center of the City which has the primary purpose of handling emergency signals or messages originating either directly or through a central location from automatic dialing devices.
34. “Subscriber” means a person who buys and/or leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.
35. “Telephone company” means the utility that furnishes telephone service to the City. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.020 Applicability to existing alarms.
A. The provisions of this chapter shall be applicable to persons now having any alarm system as described in this chapter.
B. Alarm systems must be brought within standards set forth in this chapter within 90 days of the effective date of the ordinance codified in this chapter. (Ord. 1218 § 2, 1986)
5.12.030 Exemptions to chapter applicability.
The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles, or proprietor alarms designed to alert the occupants of a building only, of a potential hazard, and to which the police are not expected to respond. A proprietor alarm system which emits a sound or light discernible from the exterior of the building shall not be exempt. (Ord. 1218 § 2, 1986)
5.12.040 Permit – Required.
A. A permit shall be required for each alarm system installed, connected, operated or maintained, or caused to be installed, connected, operated or maintained within the City limits of the City.
B. A separate permit shall be required for:
1. Each separate building protected by an alarm system;
2. Each separate business entity within a mall or other shared building.
C. Each permit shall represent a separate system, and false alarm records shall be kept for each separate alarm.
D. Each permit issued for a separate building or business entity shall be subject to the permit fee.
E. The permit shall be kept on the premises the alarm system is designed to protect, and presented to police officer or other city official upon request. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.050 Permit – Application and issuance.
A. The issuing authority shall be the Chief of Police.
B. Application Forms. Applications for all permits required under this chapter shall be filed with the Chief of Police accompanied by the requisite fee. 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.
C. Investigation of Applications; Alarm Business and Alarm Agent. The Chief of Police shall conduct an investigation of the applicant to determine his character, reputation and moral integrity; provided, further, the Chief of Police, at his discretion, may dispense with the investigation upon being furnished with an authenticated copy of a current permit issued by another governmental agency. The permit shall be denied if the character, reputation or moral integrity of the applicant is determined to be inimical to the safety or general welfare of the community, or if the applicant falsifies any information in the permit application.
D. Alarm Systems, Proprietor Alarms, Audible Alarms. Permits shall be issued to the person owning, using or possessing the alarm system, proprietor alarm or audible alarm. Alarm businesses shall procure and process applications for their commercial subscribers. The subscribers shall forward the completed application to the alarm business servicing the system, and the permit fee shall be collected from the subscriber by the alarm business and transmitted, together with the application, forthwith to the Chief of Police. Where the proprietor alarm or audible alarm is in operation and not serviced by a business, the application for the permit and payment of the permit fee shall be made directly to the Chief of Police.
E. Nontransferable. No permit issued pursuant to the provisions of this chapter shall be transferable. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.060 Permit – Fee.
A. The permit fee shall be paid in the amount designated by City Council resolution.
B. The permit shall be renewable and fee payable annually within 30 days of the expiration date of the permit.
C. Fee Exemptions. The United States Government, the state of California, counties, municipal corporations, departments thereof and other governmental entities are exempt from the fee requirement. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.070 Licensing.
A. Alarm Business. A business license issued pursuant to Chapter 3.08 LMC shall be required of all permits engaging in an alarm business within the City limits. In addition, each alarm business is required to be licensed by the state, and to comply with the provisions set forth in Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code. Each alarm business shall file with the Chief of Police a copy of its state license.
B. Alarm Agent. Each alarm agent is required to be licensed by the state, and to comply with the provisions set forth in Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code. In addition, each alarm agent shall file with the Chief of Police a current copy of his or her state license. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.080 Permit – Suspension or revocation – Grounds.
A. The Chief of Police may suspend or revoke a permit on the following grounds:
1. The violation of any of the provisions of this chapter or failure to comply with the same.
2. When the alarm system actuates excessive false alarms and thereby constitutes a public nuisance.
3. Where the applicant or permittee knowingly makes any false, misleading or fraudulent statement of a material fact in the application for a permit of in any report or record to be filed with the City.
4. Failure to pay the fines for excessive false alarms within 14 days after receipt of the letter advising of such false alarms.
5. Failure to renew the permit and pay the renewal fee within 30 days after its expiration.
B. The suspension shall become a revocation 15 days after the order of suspension becomes effective, unless the permittee files an appeal of the order of suspension with the Chief of Police and requests a hearing.
C. If a permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the Chief of Police.
D. A revoked permit shall not be reinstated for a period of one year from the time of its revocation. At that time the alarm user must reapply for an alarm system permit and pay the permit fee.
E. Upon showing that the alarm system has been replaced or completely renovated and the problem eliminated, and with the approval of the Chief of Police, the alarm user may apply for, pay the required fee and be issued a permit prior to the elapse of one year’s time. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.090 Permit – Suspension or revocation – Hearing.
A. When an appeal of a suspension and a request for a hearing are filed with the Chief of Police, the order of suspension shall be stayed pending a determination by the Chief of Police as to the validity of the suspension.
B. The Chief of Police shall mail a notice to the permittee setting forth the time, place and nature of the hearing seven business days prior to the hearing.
C. The permittee may have the suspension decision set aside by giving written notice of the cause of the false alarm problem and steps taken to correct it, within 15 days of the notice of suspension, and upon approval of the Chief of Police.
D. If the Chief of Police upholds the order of suspension, such suspension shall immediately become a revocation. If the order is reversed, the suspension shall be dissolved immediately. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.100 Appeal procedure.
Any permitee may appeal the decision of the Chief of Police in accordance with the provisions of Chapter 1.22 LMC. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(F), 2017; Ord. 1218 § 2, 1986)
5.12.110 Rules and regulations – Police Chief authority.
The Chief of Police is authorized to establish rules and regulations for the governance of alarm systems in the City, and in administering such rules and regulations the Chief of Police may take such actions as may be required to insure operation of all alarm systems. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.120 Alarm system standards.
A. Equipment, Devices or Components. All alarm systems, equipment and devices installed within the City shall have the Underwriters’ Laboratories (UL) approval. Such approval is not required if:
1. The alarm system is under UL testing and may be installed for a period of not to exceed six months, unless UL approval received prior; or
2. The alarm system receives the approval of the Chief of Police and has been shown to be substantially equivalent to, or to exceed UL testing standards.
a. The burden shall be upon the applicant to show equivalency.
b. The Chief of Police may require documentation and certification from a qualified authority to make exception determination.
B. Back-up Power Supply. All alarm systems shall have back-up power supply which:
1. Automatically assumes operation of the alarm system should interruption to power occur to the system;
2. Transfer from primary to back-up power supply must occur without activating the alarm; and
3. Supply adequate power to the alarm system for a minimum of four hours.
C. Audible Alarm Systems.
1. Audible alarm systems may not emit a sound or siren similar to those utilized on emergency vehicles, or for air raid/disaster warnings. Variable pitch sound shall be deemed similar to the sound of sirens, and prohibited. Such systems must be equipped with automatic shut-off or reset timing devices, which allows the alarm to sound no longer than 15 minutes after activation. Notice shall be posted on or near the alarm, in a position legible from ground level adjacent to the building, containing the name and phone number of a person to be notified to render repairs or service at any time, day or night, the alarm sounds.
2. The systems must be able to discern between open and closed circuit. If open circuit is detected, the system shall not reset, eliminating reactivation of the system every 15 minutes.
D. Instruction as to Operation of Alarm System. It shall be the responsibility of the alarm business or alarm agent installing or repairing, operating or maintaining an alarm system to instruct the subscriber and/or occupant, or permittee in possession of the property the alarm system is designed to protect, in the proper use and operation of the alarm system. This shall include all necessary instruction in turning on/off the alarm, and in avoiding false alarms. It is the responsibility of the permittee to instruct all employees or other persons with access to or control over the premises for which the alarm system is designed to protect, in the proper use and operation of the alarm system, including all necessary instruction in turning on/off the alarm, and in avoiding false alarms.
E. Service Notification. Each alarm business, alarm agent or permittee shall notify the police department whenever a subscriber’s or permittee’s alarm system is under service or repair, and the system may be activated causing police response. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.130 Connection fee.
A. A person permitted to have an alarm system terminate at the police department alarm board shall pay the actual cost of connection and any fee incurred if subsequently disconnected. The permittee shall give 15 days prior written notice to the Chief of Police when the permittee intends to discontinue service or disconnect the alarm system.
B. In addition, a monthly rental/maintenance fee shall be charged. The monthly fee is to be set by Council resolution. The fee is to be paid quarterly, at the beginning of each quarter. The fee is nonrefundable and not proratable. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.140 Alarm agent requirements.
Every person engaged in the business of making, selling, repairing, servicing, altering, replacing, removing or installing a burglar alarm system shall carry on his person, at all times while so engaged, a valid alarm-agent permit issued pursuant to the provisions of this chapter, and shall display such permit to any police officer upon request. (Ord. 1218 § 2, 1986)
5.12.150 Unlawful acts designated.
A. Alarm Business. No person shall engage in, conduct or carry on an alarm business without first applying for and receiving a permit therefor in accordance with the requirements of this chapter, and comply with the provisions set forth in Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code of the state.
B. Alarm Agent. No person shall engage in, represent himself to be or operate as an alarm agent without first applying for and receiving a permit therefor in accordance with the provisions of this chapter, and comply with the provisions set forth in Chapter 11.6 (commencing with Section 7595) of the Business and Professions Code of the state.
C. Alarm Systems. No person shall own, operate, install, connect, maintain or cause to be, an alarm system without obtaining an alarm permit in accordance with the provisions of this chapter. No person shall operate, install, connect, maintain, or cause to be, an alarm system on suspended permit or revoked.
D. Audible Alarm System. No audible alarm may sound for a period of 15 minutes each time the alarm is activated. No audible alarm shall emit a sound similar to that of a siren.
E. Automatic Calling Devices.
1. No person shall use, operate, cause, arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation, mechanically, electronically or by other automatic means, call and deliver a prerecorded message to any phone number used to receive emergency or administrative messages by the police department communications center.
2. Such devices may be used to deliver messages to an alarm company or answering service, which in turn will call the police department and relay the message by live voice. (Ord. 1218 § 2, 1986)
5.12.160 Direct connections.
A. Only commercial intrusion or robbery alarm systems are allowed to terminate at the police department communications center alarm board. An alarm user or alarm agent must apply for a permit for such a direct connection. Permits are subject to the approval of the Chief of Police.
B. The Chief of Police shall base his determination of approval upon the following considerations:
1. Need for police department monitoring of one particular alarm versus the need for police department monitoring of other alarms;
2. Demands of other police department operations; and
3. Availability of space, equipment and personnel.
C. The Chief of Police shall base determination of denial or disconnection upon the following considerations:
1. Lack of compelling need for the police department to monitor one particular alarm over other alarms;
2. Improper training of alarm personnel at the alarm location resulting in excess false alarms;
3. Failure to pay the prescribed fees;
4. Intentional activation of alarm systems for reasons or offenses other than probable burglaries or robberies;
5. Failure of responsible persons to respond at any time to location of an errant alarm for maintenance repairs, or when requested by officers to secure premises or open premises for search for possible suspects or evidence of a crime, and
6. Failure to comply with any other provisions of this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.170 Alarm board maintenance.
A. The City shall have the authority to contract with one licensed alarm business to install and maintain an annunciator panel, meeting standards set by the Chief of Police in the communications center at the police department.
B. This section applies only to the annunciator panel or connections to the annunciator panel. A permittee, allowed to terminate his/her alarm system in the communications center of the police department, may contract with any licensed alarm business of his/her choice for the sale, installation, maintenance, and/or servicing of the alarm system installed on its premises.
C. The permittee, or alarm business contracted to service the permittee’s alarm system, shall be responsible for obtaining the leased telephone line between the permittee’s system and the alarm board in the communications center, and interface equipment if required.
D. Contracted alarm businesses shall repair and maintain the monitoring system in good and operable condition. The contractor shall respond immediately to requests for repairs at any time, day or night. The contractor shall maintain a readily available supply of parts and equipment necessary for repairs and maintenance.
E. Services provided by the contractor pursuant to this chapter shall be under the supervision of the Chief of Police, and performed to his reasonable satisfaction.
F. The contractor shall have the exclusive right to manage the alarm board system, including the exclusive right to provide alarm system users connections, subject to satisfactory performance of agreement.
G. Indemnification. The contractor shall indemnify the City from suits, actions, etc., arising out of performance, or failure to perform, of the contractor pursuant to this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.180 False alarm – Public nuisance.
A. False alarms originating from alarm systems for which a permit is required, or has been issued pursuant to the provisions of this chapter, shall be deemed excessive and a public nuisance whenever:
1. Three or more false alarms are activated within any 30-consecutive-day period; or
2. Six or more false alarms are activated within any 90-consecutive-day period.
B. Fines shall be assesses as follows:
1. A $25.00 fine shall be assessed for each false alarm in excess of that number allowed for any 30-consecutive-day period.
2. A $50.00 fine shall be assessed for each false alarm in excess of that number allowed for any 90-consecutive-day period.
C. Administrative Action.
1. After the second false alarm within any 30-consecutive-day period, a warning letter shall be mailed to the alarm user advising them of the fine and/or possible suspension of their alarm permit for further false alarm activations.
2. After the fourth false alarm within any 30-consecutive-day period, a letter of intent to suspend the alarm user’s permit shall be mailed, advising them that if a fifth false alarm is activated within the 30-day period, their permit shall be suspended.
3. After the fifth alarm within any 30-consecutive-day period, a letter of suspension shall be mailed to the alarm user advising him/her that his/her alarm system has been put on a no-police-response status, that further activation of the alarm system is a violation of this chapter and is subject to prosecution, and of the procedure for appealing the suspension.
4. After any 30- to 90-consecutive-day period in which an alarm user has excessive false alarms, a letter shall be mailed to the alarm user advising them of the number of excessive false alarms, and the amount of the fine due the City. The fine shall be paid within 14 days after receipt of the letter or the alarm user’s permit shall be suspended, and their alarm system placed on a no-police-response status. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)
5.12.190 Enforcement of provisions.
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 the person from paying the permit fee due and unpaid at the time of the conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit 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 permit fee. All permit fees shall be deemed delinquent 30 days after they are due and payable. (Ord. 2065 § 1(A), 2018; Ord. 1218 § 2, 1986)