CHAPTER 17. BURGLAR ALARMS
4-17-1000 STATEMENT OF PURPOSE:
98% of all burglar alarms are false. This results in a waste of manpower and tax dollars. It creates danger to the general public and unnecessary hazard to law enforcement officers. This ordinance is intended to reduce these problems.
4-17-1005 DEFINITIONS:
Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) "Alarm system" means any assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond, which is installed in the unincorporated area of Tulare County. This definition does not include an audible alarm installed in a motor vehicle, or a proprietor alarm, or a fire alarm.
(a) "Proprietor alarm" means an alarm, which is designed, to signal persons within the premises in which the alarm is located, or an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises. If, however, such an alarm includes any device whereby a signal shall be transmitted to persons outside the premises, such a system shall fall within the definition of alarm system.
(b) "Alarm company operator" means any business, doing business in the unincorporated area of Tulare County, operated for any consideration whatsoever, engaged in the installation, maintenance, alteration or servicing of alarm systems or which responds to alarm systems. It shall 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 the protected premises.
(d) "Alarm agent" means a person employed by an alarm company operator whose duties include altering, installing, maintaining, moving, repairing, replacing or servicing an alarm system, or an alarm company operator owner who performs such functions.
(e) "Direct dial telephone device" means any alarm system, which directly dials a telephone number and transmits a pre recorded message or coded signal.
(f) "Prohibited direct dial telephone device" means any direct dial telephone device, which directly dials any telephone number in any office of any Tulare County Department or Agency.
(g) "Person" means a natural person or any firm, partnership association, corporation or cooperative association.
(h) "Alarm users" means any person on whose premises an alarm system is maintained within the unincorporated area of the county, and any person who uses an alarm system in the unincorporated area of Tulare County, regardless of whether they own the premises on which it is installed.
(i) "Department" means the Tulare County Sheriff’s Department.
(j) "False alarm" shall mean the activation of an alarm system resulting in an investigation by the Department, where no emergency situation exists. A false alarm includes, but is not limited to, the activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of alarm user. An alarm signal activated by violent conditions of nature, or by fire, is not included within this definition.
(k) "Defective device" means:
(1) Any alarm system which signals a false alarm; or
(2) Any alarm system, which is not registered with the Department pursuant to section 4-17-1015, or both.
4-17-1010 REGISTRATION OF ALARM COMPANY OPERATORS:
Every owner of an alarm company operator shall, within sixty days from the effective date of this Ordinance, register its name and a file copy of its state license with the Department. Each owner of an alarm company operator who begins to do business in Tulare County after the effective date of the Ordinance shall register, pursuant to this section, within sixty days from the date they begin to do such business.
4-17-1015 REGISTRATION OF ALARM SYSTEMS:
All alarm users shall, within sixty days from the effective date of this ordinance, register their alarm systems with the Tulare County Sheriff’s Department. All alarm users purchasing alarms after the effective date of this Ordinance shall register their alarms within sixty days of the date of purchase. Said registration shall be on a form to be developed by the Sheriff’s office, which shall contain the following:
(1) The name, residence, mailing and business address and telephone numbers of the alarm users and of his representative, if any.
(2) The address of the building or property on which the alarm system has been installed.
(3) The type of alarm system used.
(4) The name, address and telephone number of the alarm installers.
(5) The names, addresses and telephone numbers of at least two persons, other than the alarm user or a person living on the premises, authorized to deactivate the alarm system.
(6) The location of the alarm system in the property or building in which it is installed, and the location of the alarm system deactivator.
(7) The information in items 5 and 6, above, need not be given provided the alarm user represents that their alarm system has an automatic shutdown feature of not more than thirty minutes duration. False representation to this effect shall void the registration of the alarm system, and the alarm system shall be deemed unregistered.
The reverse side of the registration form shall contain a summary of this ordinance, to be prepared by the County. Each alarm user, upon registering, shall receive a duplicate copy of the registration form.
4-17-1020 CONFIDENTIALITY:
All information obtained by the Department under section 4-17-1015 shall be confidential.
4-17-1025 USE OF DEFECTIVE DEVICE:
No person shall in any way activate, use, sell, rent or lease a defective device.
4-17-1030 SAME: DEACTIVATION:
If a defective device is activated, the alarm user or his authorized agent, as in section 4-17-1010(5), shall deactivate the alarm. This section shall not apply to a registered alarm system represented to have an automatic shutdown feature, as in section 4-17-1015(7).
4-17-1035 USE OF PROHIBITED DIRECT DIAL TELEPHONE DEVICE:
No person shall in any way activate, use, sell, rent, lease, repair or maintain, service, replace, move or install any prohibited direct dial telephone device within the unincorporated area of Tulare County. This section does not prohibit the alteration of such prohibited direct dial telephone device if, as the result of such alteration, it no longer directly dials any number in any Tulare County Department or Agency.
4-17-1040 VIOLATION: NOTICE OF CORRECTION:
Upon determination by the Department that 6 or more violations of section 4-17-1025 have occurred within any ninety day period, the alarm user shall be served with a notice of correction for each violation thereafter. Upon determination that a violation of sections 4-17-1015 or 4-17-1035 has occurred, the alarm user shall be served with a notice of correction for each violation. Service may be made either by personal delivery, or by first class certified mail, return receipt requested and postage prepaid. If service is made by mail, it shall be made to the mailing address provided by the alarm user in section 4-17-1015, unless the alarm system is unregistered in which case it shall be mailed to the street address of the property on which the alarm system is located. Upon receipt of a notice of correction, the alarm user shall, within 30 days of receipt, provide the Department with proof that the defect has been corrected.
4-17-1045 NOTICE OF CORRECTION: VIOLATION OF SECTION 4-17-1015:
If the violation consists of violation of section 4-17-1015, the alarm user or agent shall provide the Department proof of registration pursuant to these sections. If the first notice of correction for violation of section 4-17-1015 has been served, and the alarm system is not registered within the 30 day period after receipt of the notice, each day after the 30 day period in which the alarm system is not registered is a new violation of section 4-17-1015.
4-17-1050 NOTICE OF CORRECTION: VIOLATION OF SECTIONS 4-17-1025 OR 4-17-1035:
If the violation consists of violation of sections 4-17-1025 or 4-17-1035, the alarm user shall provide the Department with a certification of good working order, or repair, by an alarm agent registered with Tulare County. Such certification shall be made upon the Notice of Correction, and shall contain the name, signature and California license number of the alarm agent.
4-17-1055 NOTICE OF CORRECTION: CONTENTS:
The notice of correction shall be a form developed by the Sheriff’s office and shall contain the following:
(a) The type of violation and the date on which it occurred.
(b) What action may be taken to remedy the situation.
(c) A statement in bold face type as follows: "Violation of § is a misdemeanor. If proof of correction has not been received on or before the thirtieth day after receipt of this notice, you will be cited for violation of § or a warrant will be issued for your arrest. The punishment for a misdemeanor is a fine of not more than Five Hundred Dollars ($500) and/or 6 months in jail."
(d) A space in which the correction may be noted.
(e) Notification that the completed notice of correction is to be returned to the Department.
4-17-1060 VIOLATION: PENALTY:
Violation of sections 4-17-1015, 4-17-1025 or 4-17-1035 shall be a misdemeanor, punishable under section 125 of this Ordinance Code. If the notice of correction is returned to the Department within 30 days from date of service upon the alarm user, as in sections 4-17-1045 or 4-17-1050, no further action shall be taken.
4-17-1065 SAME:
Violation of section 4-17-1010 shall be an infraction, punishable under section 125 of this Ordinance Code.
4-17-1070 VIOLATION: NUISANCE:
When any alarm user is served with notices of correction, or is convicted of or has a pending citation for violations of sections 4-17-1015 or 4-17-1025, in any combination, and these equal or exceed three in any forty five day period, six in any ninety day period, eight in any one hundred and eighty day period or twelve in any twelve month period the alarm system used or owned by that person is hereby declared to be a public nuisance. When any alarm user is served with more than one notice of correction for violation of section 4-17-1035, the alarm system used or owned by that person is hereby declared to be a public nuisance. The County’s remedies include, but are not limited to: an action in abatement pursuant to the provisions of section 731 of the Code of Civil Procedure of the State of California; and/or an action for damages; and/or assessment of the cost of abatement pursuant to section 25845 of the Government Code of the State of California. This remedy is in addition to any other remedy provided by law, including the penalties provided by section 4-17-1060.
4-17-1075 SELLERS: REGISTRATION FORM:
Any alarm company operator or alarm agent, shall, at the time of sale of an alarm system, provide the person purchasing the system with a copy of the registration form in section 4-17-1015; said forms shall be provided to alarm company operators by the County upon request.
4-17-1080 SUMMARY OF ORDINANCE: MONITORS:
Any alarm company who monitors an alarm system shall mail, one time, a copy of the registration form in section 4-17-1015 to all alarm users who retain their services. This shall be done for all alarm users serviced by the alarm company operator, at the effective date of the ordinance, within 90 days from the effective date of this ordinance; and to all new alarm users who retain the services of an alarm company operator to monitor their alarm system within 90 days after service begins.
4-17-1085 NOTICE NOT AN EXCUSE FOR VIOLATION:
Nothing in sections 4-17-1015, 4-17-1075 or 4-17-1080 shall be construed to mean that the summary mentioned in those sections is to be relied upon by any alarm user. Failure of the summary to completely advise any alarm user of the provisions of the Ordinance, or failure of any person to deliver the summary or failure of any person to receive the summary, is not any excuse for violation of any section of this Ordinance.