CHAPTER 6.40
ALARM SYSTEMS1
6.40.010 Purpose.
The purpose of this chapter is to set forth regulations and standards governing the use of burglary, robbery alarm systems, require permits therefor, establish an alarm identification sticker program, provide for the authority to establish fees, and provide for punishment of violations of provisions of this chapter. (Ord. 1813 NCS §1 (part), 1990.)
6.40.020 Application of chapter.
This chapter shall apply to alarm businesses and/or all non-residential alarm users within the city limits of Petaluma regardless of whether the alarm user owns the alarm or contracts with an alarm business for the alarm. (Ord. 1813 NCS §1 (part), 1990.)
6.40.030 Exemptions.
The provisions of this chapter are not applicable to audible alarms affixed to automobiles or to alarms maintained at residence. (Ord. 1813 NCS (part), 1990.)
6.40.040 Definitions.
For the purpose 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, moving or installing on any building, structure or facility, an alarm system within the city. Exemption: the provisions of this subsection 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 the physical location and installation of the alarm system in a specific location.
B. "Alarm business" means any business which is engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises.
C. "Alarm system" means:
1. Any device designed for the protection of any unauthorized entry on or into any building, place or premises, or for alerting others of the commission of an unlawful act, or both, or
2. Any device designed for fire detection by heat or products of combustion, and/or sprinkler flow alarm, which has been installed in accordance with the fire department rules and regulations for private fire alarms;
Either of which emits a sound or transmits a signal or message, or both.
D. "Alarm user" means any person, firm, corporation, or other entity for whose benefit the alarm system is being used.
E. "Audible alarm" means that type of alarm system which, when activated, emits an audible sound.
F. "False alarm" means an alarm signal necessitating response by the Petaluma police department where an emergency situation does not exist.
G. "Fire department" means the fire department of Petaluma, and "fire chief’ means the chief of such department or his authorized representative.
H. "Notice" means written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service.
I. "Owner," "lessee," or "subscriber" means any member of the public who subscribes to the service of any person, firm or corporation engaged in the business of selling and installing alarm systems within the city.
J. "Permittee" means any person, business, corporation or other entity who shall be granted a permit as provided in this chapter, and his agents and representatives.
K. "Police department" means the police department of Petaluma, and "chief of police" means the chief of such department or his authorized representative.
L. "Reporting telephones" means any intrusion detection device which, when activated, causes mechanically, electronically, or by any other automatic means, intrastate dialing of any telephone number and then transmits a prerecorded message.
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.
(Ord. 1813 NCS § 1 (part), 1990)
6.40.050 Alarm agent permits/ licenses.
A. State Permit. Alarm agents shall carry a valid alarm agent permit as issued by the Bureau of Consumer Affairs of the State of California on his or her person at all times while so engaged within the city.
B. City Business License. Any person engaged in the business of selling or leasing or installation of alarms in the city of Petaluma shall obtain a yearly business license from the city of Petaluma department of finance.
(Ord. 1813 NCS § 1 (part), 1990.)
6.40.060 Alarm installation permits.
It is unlawful for any person who owns an alarm business to install any type of alarm system in or on any building, place or premises without a valid installation permit issued by the chief of police in the case of burglary and robbery alarms, or the fire chief in the case of fire alarms, or other designate pursuant to the provisions of this chapter. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.070 Alarm systems terminating at city communications center.
A. Approval Required. 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 police/fire communications center by telephone line or by any other means must have the prior written approval of the chief of police or fire chief, whoever has jurisdiction. Any alarm business permittee or subscriber may apply to the chief of police or fire chief on application forms provided for such approval and such approval shall be evidenced by the issuance of a permit. Such application shall describe the alarm system and the testing procedures to be followed by the applicant along with such other information as the issuing authority may reasonably require to reach a decision on the application. The issuing authority shall grant such approval if he finds that the termination of the signal or message in the city’s communications center is compatible with the existing monitoring system and will not hinder any city police or fire activities. Each applicant who has been granted such approval shall maintain adequate equipment and an adequate work force to repair, maintain and otherwise service the particular alarm system involved in the approval. The city council may prescribe by resolution a fee for each application processed under this section.
B. Fee for Monitoring Service. Subscribers shall pay a monthly fee in the amount established pursuant to Section 6.40.250 for monitoring service provided by the city dispatch center.
C. Removal of Unauthorized Equipment. As a condition of approval and authorization of alarm systems connected directly to the Petaluma police department, in addition to any other remedy provided by law, the chief of police or a designated representative may, with knowledge of the use of any device or attachment not operated or maintained in accordance with the provisions of this chapter, order the removal of such device or attachment. Failure to remove such device, attachment or termination upon being ordered to remove the same shall constitute a misdemeanor. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.080 Prohibition.
No person shall use or cause to be used any telephone service device or telephone attachment that automatically selects any public telephone trunk line of the city and then reproduces any prerecorded message to report any emergency, except as duly authorized by the city in accordance with the terms of this chapter. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.090 Similar to sirens — Unlawful.
It is unlawful to install on the exterior of a building an intrusion detection device or burglar alarm system or fire alarm which upon activation emits a sound exceeding .80 decibels which is similar to sirens in use on emergency vehicles or for civil defense purposes. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.100 Installation at communications center.
No person shall install any alarm equipment of any kind at the city’s police dispatch and communications center unless and until he has received the permission of the chief of police, in writing. In no event shall more than one such person be authorized to perform alarm maintenance services in the dispatch center during any fiscal year. Such authorized person shall be selected and his compensation for such services shall be established by negotiation or by bid pursuant to the City Charter. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.110 Fees for installation.
Each vendor who desires to hook up to or to have installed any alarm module at the city’s communication center shall submit an application therefor on an approved form. The application form shall be accompanied by the following fees:
A. An alarm module placement fee in the amount established pursuant to Section 6.40.250;
B. The estimated installation fee based on the actual cost expected to be incurred by the city (applicant will be charged for the final actual cost, when determined).
(Ord. 1813 NCS § 1 (part), 1990.)
6.40.120 Alarm user permits.
A. Permits Required. No alarm user shall use an alarm system within the city of
Petaluma without first applying for and receiving an alarm user permit issued to that user, in accordance with the provisions of this chapter unless:
1. The alarm system was in use by the alarm user prior to the effective date of this chapter, and
2. The police department has failed to provide notice to the alarm user of the requirement of obtaining an alarm user permit.
B. Permit Applications. Each application for an alarm user permit under this chapter shall be filed with the chief of police on a form prescribed by the chief of police and shall set forth the name and address of the applicant, the address where the alarm system is located. In the event that the applicant has more than one alarm system at a given address, there shall be only one permit required for that address. In the event the alarm user has alarm systems at different addresses, a permit will be required for each alarm system address.
C. Permit Fee. A permit fee as established in Section 6.40.250 shall be paid annually to the city by the permittee for each alarm user permit.
D. Fee Exemptions. The United States Government, the state of California, counties, municipal corporations, departments thereof and other governmental entities are exempt from fees required in this section. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.130 False alarms — Public nuisance.
An alarm system shall constitute a public nuisance if it actuates more than:
A. Three false alarms in any thirty-day period; or
B. Five false alarms in any ninety-day period; or
C. Six false alarms in any one hundred eighty-day period.
Subsections A, B and C shall apply only to an alarm system which has been in use for more than thirty days. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.140 Police response to false alarm — Effect of.
A. All police responses to false alarms will be tabulated during any twelve-month period:
1. The police will respond to the first six alarms with no consequences under this chapter,
2. A police response to the seventh through twelfth false alarm in any twelve-month period will result in a fifty dollar charge to the alarm user for each response.
3. Police response to the thirteenth alarm in any twelve-month period will result in suspension of the alarm user permit.
(Ord. 1813 NCS § 1 (part), 1990.)
6.40.150 Suspension or revocation.
Any permit granted pursuant to this chapter may be revoked or suspended by the chief of police for any reason for which the granting of such permit might be lawfully denied, for the violation of any provision of this chapter, and of the rules and regulations and implementation thereof. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.160 Permit suspension procedure.
A. The determination of the police chief with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 6.40.190 through 6.40.220.
B. The police chief, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reason for such suspension. Said order shall be effective immediately if personally served or forty-eight hours after the same has been deposited in the United States mail. Notwithstanding the effectiveness of an order of suspension, permittee may continue the use of any alarm system requiring a permit under this chapter until the appeal process as defined in Sections 6.40.190 through 6.40.220 has been exhausted, unless the police chief determines that the continued operation of such alarm system interferes with the safe and efficient operation of the police department. The continued use of the alarm system during the appeal process will be subject to the same conditions as stated in Section 6.40.120, including charges for false alarm responses.
(Ord. 1813 NCS § 1 (part), 1990.)
6.40.170 Permit revocation.
A. The suspension shall become a revocation fifteen days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Sections 6.40.190 through 6.40.220.
B. Where an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the city council who shall act upon the same in the manner set forth in Sections 6.40.190 through 6.40.220. Such suspension shall become a revocation if the decision of the city council upholds the suspension. The suspension shall be dissolved immediately if the decision of the city council reverses the suspension.
(Ord. 1813 NCS § 1 (part), 1990.)
6.40.180 Surrender of permit.
If any permit is revoked pursuant to this chapter, permittee shall surrender said permit to the finance department. (Ord. 1813 NCS § 1 (part) 1990.)
6.40.190 Appeals.
A. Informal Appeal. An appellant may informally seek relief from an order of suspension of an alarm system permit by presenting evidence to the police chief, or a designated hearing officer, that the deficiencies in the alarm system, or its operation, have been rectified. The evidence must be presented within fifteen days of the effective date of suspension. Within five days of the date upon which the evidence was presented, the police chief shall notify the permittee of his decision. In the event informal relief is not granted, appellant has an additional fifteen days from the date of notification of decision by the police chief to file a formal appeal. An appellant may also informally seek relief from any other action taken under this chapter, as provided herein.
B. Formal Appeal. Any person aggrieved by any decision of the police chief, or the designated hearing officer, including but not limited to the decision to approve or deny an application for a permit, to renew such permit, suspend a permit, or to require reimbursement for excessive false alarms, shall have the right of appeal to the city council. An appeal must be perfected within fifteen days after notice of the decision of the police chief by filing with the city clerk a letter of appeal, which will be forwarded to the city council, stating therein the basis for such appeal. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.200 Appeal — Waiver of hearing.
Failure to seek informal relief within said fifteen days and/or to file a letter of appeal within said fifteen days, shall constitute a waiver of appellant’s rights to a hearing. Upon good cause shown, the chief of police in his discretion may nevertheless grant such a hearing. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.210 Appeal — Notice of hearing.
The city clerk shall fix the time and place of the hearing before the city council at a date no more than thirty days after receipt of the letter of appeal. The city clerk shall give the appealing party and any other persons requesting the same at least five days’ notice of the time and place of such hearing. The notice shall be substantially in the following form, but may not include other information:
"YOU ARE HEREBY NOTIFIED that a hearing will be held at ____________________, at the hour of ________________________, at which time you may show cause why the appeal you have filed should be sustained." (Ord. 1813 NCS § 1 (part), 1990.)
6.40.220 Appeal — Hearing and decision.
At the time and place set for the hearing upon the decision of the police chief, the city council should give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the police chief should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was not substantial evidence to support the decision of the police chief. (Ord. 1813 NCS § 1 (part), 1990.)
6.40.230 Administration and regulations.
The provisions of this chapter shall be administered and enforced by the chief of police and fire chief. They are authorized to make inspections of the alarm systems and of the premises whereon said systems are located. They shall have the power to make and enforce such rules and regulations as may in their discretion be necessary to implement the provisions of this chapter. (Ord. 1813 NCS §1 (part), 1990.)
6.40.240 Implementing regulations — Adoption and approval.
In order to assist in carrying out the provisions and purpose of this chapter, the chief of police or fire chief may, from time to time, implement such provisions by adopting and enforcing regulations concerning the safety and security of alarm systems, the installation of alarm equipment, and the keeping of records concerning alarm systems. Such regulations shall be adopted and amended after written notice and opportunity to respond has been given to the holders of permits issued under this chapter. (Ord. 1813 NCS §1 (part), 1990.)
6.40.250 Fees established by city council.
The city council may establish fees from time to time by resolution in order to carry out the purpose of this chapter. (Ord. 1813 NCS §1 (part), 1990.)
6.40.260 Violations — Penalties.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 1813 NCS §1 (part), 1990.)
Editor’s Note: Previous ordinances codified herein include portions of Ordinance Nos. 1207 and 1405.