Chapter 5.52
PRIVATE INTRUSION ALARM SYSTEMS*
Sections:
5.52.010 Chapter purpose.
5.52.020 Definitions.
5.52.030 Chapter exemptions.
5.52.040 Alarm business permit— Required.
5.52.050 Alarm agent—Regulation generally.
5.52.060 Proprietor alarm—Registration required.
5.52.070 Automatic calling device— Prohibited.
5.52.080 State of California—Alarm business permit.
5.52.090 Alarm agent permit—Required when.
5.52.100 Proprietor alarm—Requirements.
5.52.110 Rules and regulations.
5.52.120 Systems terminating at police department—Requirements.
5.52.130 City business license.
5.52.140 State permits—File copies of.
5.52.150 State contractor’s license.
5.52.160 Finding of fact.
5.52.170 False alarms.
* Prior ordinance history: Prior code sections 7.40.010 through 7.40.160 as amended by Ords. 105 and 154.
5.52.010 Chapter purpose.
This chapter is adopted to promote public safety and general public welfare, and specifically to:
A. Provide uniform regulation for the installation, maintenance and repair of private intrusion alarm systems;
B. Minimize the instances of false alarms resulting from varying installation practices, malfunctioning and repair policies;
C. Provide centralized control and supervision of private intrusion alarm systems;
D. Establish policies for the training and education of personnel responsible for the maintenance and repair of private intrusion systems. (Ord. 173 § 1 (part), 1978)
5.52.020 Definitions.
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
A. “Alarm agent” means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, removing or installing, on any building, place or premises, any alarm system.
B. “Alarm business” means any business engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, removing or installing any alarm system, or causing to be sold, maintained, serviced, repaired, altered, replaced or removed in or on any building, place or premises.
C. “Alarm system” means any device designed for the detection of an unauthorized intrusion upon premises or the commission of an unlawful act or both and when activated emits a sound, transmits a sound, or transmits a signal or message.
D. “Audible alarm” means a device which, when activated, generates an audible sound on the premises.
E. “Automatic calling device” means any device or combination of devices that will, upon activation, either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone subscriber.
F. “Department” means the department of police.
G. “Direct alarm” means an alarm system which is connected to or designed to be connected to the alarm-receiving equipment maintained in the communications center.
H. “Chief” means the chief of police or his authorized representative.
I. “False alarm” means an alarm signal necessitating a response by the department of police when an emergency does not exist.
J. “Permittee” means the person to whom an alarm business permit is issued by the State Department of Consumer Affairs.
K. “Person” means any individual, partnership, corporation or other entity.
L. “Proprietor alarm” means an alarm which is not serviced by an alarm business.
M. “Silent alarm” means that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light at a predesignated place other than the location where the alarm has been installed.
N. “Subscriber” means any person contracting with an alarm business for any of its services. (Ord. 231 § 1, 1981)
5.52.030 Chapter exemptions.
The provisions of this chapter shall not be applicable to audible alarms affixed to automobiles. (Ord. 173 § 1 (part), 1978)
5.52.040 Alarm business permit—Required.
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 provisions of the Department of Consumer Affairs. (Ord. 173 § 1 (part), 1978)
5.52.050 Alarm agent—Regulation generally.
No person shall install or maintain an intrusion alarm system within the city without complying with the provisions of this chapter. (Ord. 173 § 1 (part), 1978)
5.52.060 Proprietor alarm—Registration required.
No person shall install a proprietor alarm or use or possess a proprietor alarm without first registering such alarm in accordance with the provisions of this chapter. (Ord. 173 § 1 (part), 1978)
5.52.070 Automatic calling device— Prohibited.
No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line of the city and then reproduces any prerecorded message to report any burglary, fire or other emergency. (Ord. 173 § 1 (part), 1978)
5.52.080 State of California—Alarm business permit.
Each permittee to whom a permit is issued by the state of California shall comply with the following conditions:
A. Each permittee shall provide the chief with the address of each building, place, or premises within this city for which the permittee sells or installs an alarm system, together with the name, address and telephone number of three responsible people who can deactivate the alarm and secure each building, place, or premises.
B. Permittees contracting with a subscriber for a supervised silent alarm shall, upon the alarm being activated, immediately notify the department by the emergency telephone number. Such alarms need not be reported by the permittee by such a telephone if the alarm has been activated within five minutes of opening time or within five minutes of closing time; provided, that the permittee has a letter on file from the subscriber stating what the opening and closing times shall be; and provided, that the alarm was not designed for robbery as defined in Section 211 of the California Penal Code.
C. Each permittee using a telephone answering service for the purpose of monitoring silent alarms for their subscribers shall submit the name, address and telephone number of such service within ten calendar days of the day such service commences.
D. Each permittee that installs or services an alarm system shall clearly instruct the subscriber in the proper use and operation of the alarm system, especially in those factors which can cause false alarms.
E. Each permittee servicing an alarm system shall respond to service each alarm within twenty-four hours after the permittee has been notified by the subscriber or the city that an alarm system has malfunctioned.
F. Each permittee shall display to the chief, when requested, such permittee’s record of inspection or repair of any subscriber’s installed alarm system.
G. Each permittee shall notify the department whenever a subscriber’s alarm system is under service or repair, where in the process of such service or repair the system may be activated causing a response.
H. Each alarm system sold, leased, maintained, serviced or installed by a permittee that operates on commercial current must be equipped with a separate supply such as battery storage, for at least four hours.
I. Each alarm system shall be subject to inspection by the chief.
J. Alarm equipment sold, leased, maintained, or serviced by a permittee shall be approved by Underwriter’s Laboratories, Inc. (UL) or by the chief.
K. An alarm system may be abolished where such device, in the opinion of the chief, actuates excessive false alarms and thereby constitutes a public nuisance. (Ord. 231 § 2, 1981)
5.52.090 Alarm agent permit—Required when.
Every person engaged in the business of making, selling, repairing, servicing, altering, replacing, removing or installing an alarm system shall carry upon his person, at all time, 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. 173 § 1 (part), 1978)
5.52.100 Proprietor alarm—Requirements.
A. Every person owning or maintaining an audible alarm, whether for the detection of fire or smoke or for intrusion, shall register with the department. Such registration shall include the type of alarm, its location and characteristics, the address of the building serviced, and the name, address and telephone number of three responsible people who can deactivate the alarm and secure the premises.
B. The owner of any proprietor alarm shall be responsible for deactivating any alarm within one hour after notification that such alarm has been activated and is ringing. The ringing of an alarm for a period in excess of one hour after such notification or efforts of notification have been made is a public nuisance.
C. Every person owning or maintaining an exterior proprietor alarm shall post a notice containing the name and telephone number of the person to be notified to render repairs or service during any hour of the day or night the alarm rings. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building. (Ord. 173 § 1 (part), 1978)
5.52.110 Rules and regulations.
In order to assist in carrying out the provisions and purpose of this chapter, the chief may, from time to time, implement such provisions by adopting rules and regulations concerning safety and security of alarm systems, the installation of alarm equipment, and the keeping of records concerning alarm system. Such rules and regulations shall be adopted and amended by the chief pursuant to public hearing and written notice to the holders of permits issued by the state of California. The rules and regulations adopted by the chief, and amendments thereto, shall become effective upon the approval thereof by the city council. (Ord. 231 § 3, 1981)
5.52.120 Systems terminating at police department—Requirements.
The installation of any alarm system in a manner which, when the system is activated, would cause a signal or message to be sent directly to the department communications center by telephone line or by any other means must have the prior written approval of the chief. Such application shall describe the alarm system and testing procedures to be followed by the applicant along with such other information as the chief may reasonably require to reach a decision on the application. The chief shall grant such approval if he finds that the termination of the signal in the department communications center will not hinder city activities. Each applicant who has been granted such approval shall maintain adequate equipment and adequate work force to repair, maintain and otherwise service the particular alarm system involved in the approval. (Ord. 231 § 4, 1981)
5.52.130 City business license.
All persons conducting an alarm business within the city shall apply to the finance department and obtain the necessary business license. (Ord. 173 § 1 (part), 1978)
5.52.140 State permits—File copies of.
In accordance with state law, alarm companies shall provide the police department with file copies of the state identification cards of their agents that will work within the city, upon the request by the chief. (Ord. 231 § 5, 1981)
5.52.150 State contractor’s license.
Each alarm company operating within the city shall provide the department of police with file copies of a valid contractor’s license, classification C-61. (Ord. 231 § 6, 1981)
5.52.160 Finding of fact.
A. The State Department of Consumer Affairs has taken over the licensing and regulation of alarm companies. Effective March 4, 1978, regulations implementing AB 3445, requiring the licensing of alarm companies and the registration of alarm agents by the Bureau and Investigative Services, becomes effective.
B. State law mandates that local jurisdictions may no longer license or charge a fee for the licensing of alarm companies. In view of this law, the Ordinance No. 105 as set forth in this chapter must be amended to conform to state law.
C. The law does allow local jurisdictions to impose other requirements upon alarm companies not regulated by state law. These requirements have been incorporated into the amended ordinance. (Ord. 173 § 1 (part), 1978)
5.52.170 False alarms.
Each person, franchisee, owner, lessee, or premises maintaining a subscriber alarm system or audible alarm system, or silent alarm system, or any alarm contractor doing business in the city, shall comply with the provisions of this section:
A. No premises protected by a subscriber alarm system or audible alarm system or silent alarm system shall be permitted more than one false alarm during any one fiscal year, except those false alarms that occur during the first two weeks after original installation of the system shall not be included in the calculation. In the event that any such premises has more than one false alarm, the city police department may, in its discretion, consider the alarm a public nuisance and disconnect the offending alarm system from the communications center or choose not to respond to an activated alarm or, alternatively, direct the city finance department to bill (1) the franchisee, or (2) the owner or lessee of premises maintaining a subscriber alarm system, an audible alarm system, or a silent alarm system, or (3) an alarm system contractor for each additional false alarm. The fee shall be set by city council resolution.
B. If the person fails to pay within thirty days of its billing date any charges authorized by subsection A of this section, a penalty assessment shall be added as prescribed by city council resolution.
C. The chief of police may require the franchisee or owner or lessee of premises maintaining a subscriber alarm system, audible alarm system, or silent alarm system, or an alarm contractor, to submit a report describing action taken to discover and eliminate the cause or causes of false alarms. Failure to submit such a report within fifteen days after mailing of said request shall be cause for immediate suspension of police response.
D. 1. If the police chief has issued a notice of suspension or revocation of police responses, or the city finance director has issued a notification of charges due as authorized by subsection A of this section to any person(s) using a subscriber alarm system, audible alarm system, or silent alarm system, said person(s) may within ten days of issuance of said notification submit a written request for a hearing before the police chief.
2. If within the time prescribed in the subsection (D)(1) of this section the police chief has received a written request for hearing, the police chief shall set a hearing and shall serve written notice of this time and place on the person(s) at least ten days prior to the date of the hearing. If no hearing request is received within the said ten-day period since the issuance of either a notification of suspension or revocation or a notification of charges due as authorized in subsection A of this section, it shall be construed that the right to a hearing has been waived and the action is final.
3. At the hearing, the person requesting such hearing shall have the right to confront and examine witnesses and present evidence to their own behalf. After the hearing, the police chief shall take one of the following actions:
a. Sustain the order of suspension or revocation, or charges billed as authorized in subsection A of this section;
b. Issue a temporary order of suspension for a period of time until specific mechanical corrections of any alarm system have been concluded and proof of corrections has been received by the police chief. In accordance with the order, person(s) with control of the premises where said alarm is installed may be required to submit to an inspection by the police chief or his designated agent to verify that corrective action has been taken;
c. Decline to revoke, suspend, or levy fees upon finding from the evidence that there are insufficient grounds for such revocation, suspension, or fees.
4. The decision of the chief of police shall be in writing and mailed to the person(s) requesting said hearing.
E. 1. If the police chief has issued a notice of a decision of hearing as described in subsection (D)(4) of this section sustaining the order of suspension or revocation, or the notification of charges due as authorized in subsection A of this section, said person(s) may, within ten days of issuance of said notification of a decision of hearing, submit a written request for an appeal hearing before the city/district manager.
2. If within the time prescribed in subsection (E)(1) of this section the city/district manager has received a written request for appeal hearing, the city/district manager shall set a hearing and shall serve written notice of the time and place on the person(s) at least ten days prior to the date of the hearing. If no appeal hearing request is received within the ten-day period since the issuance of the notification of a decision of hearing by the chief of police pursuant to subsection (D)(4) of this section, it shall be construed that the right to an appeal hearing has been waived and the action is final.
3. At the appeal hearing, the person(s) requesting such hearing shall have the right to present evidence on their own behalf, and at the discretion of the city/district manager, have witnesses subpoenaed for examination. After the appeal hearing, the city/district manager shall decide whether to sustain the original decision by the chief of police or reverse the original decision rendered by the chief of police. It shall be the responsibility of the city/district manager to notify the person(s) requesting the appeal hearing of his decision within ten days. The decision of the city/district manager shall be final and conclusive. (Ord. 564 § 1, 2011: Ord. 265 § 1, 1983)