Chapter 5.50
BURGLARY AND ROBBERY ALARM SYSTEMS
5.50.030 Application for permit.
5.50.060 Expiration of permit.
5.50.070 Transferability of permit.
5.50.080 Revocation of permit.
5.50.110 Reapplication after revocation.
5.50.120 Regulations, requirements and duties.
5.50.140 Applicability of existing alarm systems.
5.50.150 Violation of chapter.
5.50.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
(1) "Alarm system" means any mechanical or electrical device designed to detect, or enable a person to notify others of, an unauthorized intrusion onto certain premises or the existence of an emergency on such premises, and which emits a sound or transmits a signal or message when activated. The following devices shall not constitute alarm systems within the meaning of this subsection:
(A) Devices which do not register alarms that are audible, visible or perceptible outside the protected premises;
(B) Devices which are not installed, operated or used for the purpose of reporting an emergency to the police department;
(C) Alarm devices affixed to motor vehicles; and
(D) Alarm devices installed on a temporary basis by the police department.
(2) "Answering service" means a telephone answering service providing among its services the receiving on a continuous basis through trained employees of emergency signals from alarm systems, and the subsequent immediate relaying of the message by live voice to the communication center of the police department.
(3) "Automatic dialing device" 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.
(4) "Central station" means an office to which alarm systems are connected, where operators supervise the circuits, and where guards and/or servicemen are maintained continuously to investigate signals.
(5) "Direct line" means a telephone line leading directly from a central station to the communication center of the police department, where the line is used only to report emergency signals on a person-to-person basis.
(6) "Emergency" means the commission or attempted commission of a robbery or burglary, or an act of vandalism or other crime against the property on which an alarm system is maintained or against persons locally occupying such property.
(7) "False alarm" means the activation of an alarm system which results in a response by the police department where there is no physical evidence that the alarm was activated as the result of an emergency. Alarms which fall into the following three categories shall not be false alarms:
(a) Alarms which the permittee can demonstrate were approximately caused by extraordinary meteorological or atmospheric conditions or events;
(b) Any alarm which occurs within thirty days after the issuance of an alarm permit;
(c) Alarms which the permittee can demonstrate were actually caused by the act of some person other than:
(i) The Permittee. For the purpose of this subsection, the term "permittee" shall include officers, agents, employees, independent contractors, and any other person subject to the direct or indirect control of the permittee or who is permitted or invited onto the premises by a permittee;
(ii) The person who installed, connected, operated, maintained or serviced the alarm system;
(iii) The manufacturer of the alarm system, including the manufacturer’s officers, agents, employees, independent contractors and any other persons subject to the direct or indirect control of the manufacturer.
(8) "Interconnect" means to connect an alarm system to a 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 system.
(9) "Modified central station" means an office to which alarm systems are connected, where operators supervise the circuits but where guards are not maintained to investigate alarm signals.
(10) "Permittee" means the person to whom an alarm system permit is issued.
(11) "Person" includes natural persons, without regard to number or gender, and any partnership, corporation, and any other type of legal entity.
(12) "Primary trunkline" means a telephone line leading directly into the communication center of the police department 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, covering the service area within the police department’s jurisdiction.
(13) "Siren" means any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in Section 21055 of the California Vehicle Code.
(14) "Special trunkline" means a telephone line leading into the communication center of the police department and having the primary purpose of handling emergency signals or messages originating through a central station, modified central station or answering service. (Ord. 1006 § 1 (part), 1984).
5.50.020 Permit required.
No person shall install, connect, operate or maintain, or cause to be installed, connected, operated or maintained, an alarm system upon any property of which such person is in possession without first obtaining an alarm system permit therefor in accordance with the provisions of this chapter. Any such person who installs, connects, operates or maintains, or who causes to be installed, connected, operated or maintained an alarm system without first obtaining a permit as required by this section or who, after having a permit revoked, fails to disconnect an audible alarm system or, in the case of a silent alarm:
(i) Continues to relay emergency signals to the Police Department; or
(ii) Continues to relay emergency signals to a private alarm company which thereafter causes a call to be directed to the police department shall be in violation of this chapter. (Ord. 1006 § 1 (part), 1984).
5.50.030 Application for permit.
(1) All applications for alarm system permits shall be filed with the chief of police on such forms as he may prescribe. Such applications shall contain the name, address and telephone number of the person who will respond to any alarm, or render service or repairs to the alarm system during any hour of the day or night and such additional information as the chief of police shall reasonably deem necessary for the evaluation and proper processing of the permit application.
(2) Any person who operates or maintains more than one alarm system upon any particular property may, at his option, apply for a single permit for the particular property or for separate permits for each alarm system operated or maintained, provided, however, that if such a person chooses to secure a separate permit for each alarm system, a separate application shall be submitted for each such system and a separate permit fee shall accompany each such application.
(3) The chief of police shall investigate each application for an alarm permit. Such investigation may include, but shall not be limited to, an on-site investigation of the alarm system.
(4) After the investigation, the chief of police shall issue an alarm system permit license unless he determines that the proposed alarm system or the issuance of such a permit would violate one or more of the provisions of this chapter.
(5) Any person whose application for an alarm permit is denied by the chief of police may appeal such denial to the city council, in accordance with the procedure set forth in Section 5.50.100. (Ord. 1050 § 1, 1987: Ord. 1006 § 1 (part), 1984).
5.50.040 Fees.
(1) Every application for an alarm system permit shall be accompanied by a nonrefundable permit fee in an amount established by resolution of the council; provided, however, that the council may provide for a waiver of any such fee with respect to any application filed within ninety days after the effective date of this chapter. Such fees are established to cover part of the cost of processing the applications and permits and shall be in addition to any other permit fee imposed by this code.
(2) Every applicant shall be given a receipt for the aforesaid permit fee at the time such fee is paid. The receipt shall serve as a temporary alarm system permit for a period not to exceed forty-five days from the date of which the permit fee was paid, and shall be of no force or effect after the forty-five-day period expires, or after the alarm system permit is issued by the chief of police, whichever event occurs sooner. (Ord. 1006 § 1 (part), 1984).
5.50.050 Issuance of permit.
Alarm system permits shall be issued to the person who is legally in possession of the property which the alarm system is designed to protect. (Ord. 1006 § 1 (part), 1984).
5.50.060 Expiration of permit.
Each alarm system permit shall be valid for a period of one year from the date of issuance and the expiration date shall be shown on each permit. Upon expiration of a permit, a new permit shall be obtained under the provisions of this chapter. (Ord. 1400 § 1, 2017: Ord. 1159 § 2, 1993: Ord. 1050 § 2, 1987: Ord. 1006 § 1 (part), 1984).
5.50.070 Transferability of permit.
Any alarm system permit issued in accordance with the provisions of this chapter shall be valid only for the permittee named on the permit, and only for the particular alarm system or systems specified on the permit. Transfer of ownership or possession of the premises upon which an alarm system has been installed shall cause a permit to terminate unless a transfer or assignment of the permit is approved as provided in this chapter. No alarm system permit shall in any manner be transferred or assigned without the written consent of the chief of police. Any request to transfer an alarm system permit shall be made upon such form as the chief of police may prescribe and shall be accompanied by a fee in an amount established by resolution of the city council. Transfer of an alarm system permit shall in no way affect the date of expiration of the permit. False alarms previously charged to the transferor shall not be charged to the transferee, provided, however, that the chief of police may deny any request to transfer an alarm system permit where, after reasonable investigation, it appears that the transfer is requested for the purpose of allowing the transferor to evade responsibility for prior false alarms. (Ord. 1006 § 1 (part), 1984).
5.50.080 Revocation of permit.
(1) Grounds. The following shall constitute the exclusive grounds for revocation of an alarm permit:
(a) The violation of any of the provisions of this chapter;
(b) Where an alarm system actuates more than ten false alarms within a fiscal year;
(c) Failure to pay a service charge within sixty days of the original billing date.
(2) Revocation and Notice Thereof. If the chief of police or his representative determines that grounds for revocation exist, the permit shall be revoked and the permittee shall be advised of such revocation either by personal delivery of notice thereof to the person to be notified or by depositing the same in the United States mail in a sealed envelope, addressed to such person to be notified at the address shown on the permit application. The notice of revocation shall also notify the permittee of the right to appeal under the provisions of Section 5.50.100. (Ord. 1050 § 3, 1987: Ord. 1006 § 1 (part), 1984).
5.50.090 Service charges.
(1) A service charge shall be imposed upon the permittee or other person in possession or control of the premises upon which an alarm system has been installed for each false alarm to which the police department responds in excess of one false alarm within any fiscal year if the permittee has a valid alarm permit. However, the chief of police may provide for a waiver of any such fee for one false alarm within any fiscal year if the permittee or other person in possession or control of the premises has, or obtains, an active alarm permit and completes an alarm training course approved by the chief of police within fifteen days after a statement has been furnished to the responsible party.
(2) A service charge shall be charged for every alarm system that is hooked directly to the police department dispatch center. This fee would be the responsibility of the alarm company that makes such hook up or, in the case of an alarm belonging to a person other than the alarm company, such fee would be the responsibility of such person.
(3) All service charges imposed under this chapter shall be due and payable within fifteen days after a statement has been furnished to the responsible party.
(4) A late fee shall be charged for failure to pay the service charge within fifteen days of the original billing date.
(5) Failure to pay the service charge within sixty days of the original billing date will result in revocation of an alarm permit or revocation of the right to connect an alarm system directly to the police department dispatch center. (Ord. 1407 § 2, 2018; Ord. 1400 § 2, 2017; Ord. 1159 § 3, 1993: Ord. 1050 § 4, 1987: Ord. 1006 § 1 (part), 1984).
5.50.100 Appeal.
Any permit holder aggrieved by the decision of the chief of police in revoking an alarm system permit or imposing any service charge may appeal such decision to the city council. Notice of appeal shall be filed in writing to the city clerk’s office not later than ten days after notice of revocation or notice of the imposition of a service charge is personally served on the permittee or is mailed to the permittee as provided in this chapter. During the pendency of the appeal to the council, the permit shall remain in effect. (Ord. 1006 § 1 (part), 1984).
5.50.110 Reapplication after revocation.
Any person whose alarm system is revoked may reapply for a new alarm system permit, but only in accordance with the procedures set forth in this section.
(1) Reapplication. All reapplications be submitted directly to the chief of police, or to that person whom the chief of police designates as the alarm officer, on such forms as may be prescribed.
(2) Fees. Every reapplication for an alarm system shall be accompanied by a nonrefundable permit fee in an amount established by resolution of the city council. The fee is established to cover part of the cost of processing the reapplications and permits and shall be in addition to any other permit fee imposed by this code. In addition, any unpaid service charge imposed under the provisions of Section 5.50.090 must accompany the reapplication.
(3) Investigation. The chief of police shall investigate each reapplication to determine whether the grounds for the prior revocation have been eliminated, and are not likely to occur again in the future. Such investigation may include, but shall not be limited to, an on-site investigation of the alarm system, an examination of the alarm system and any specifications, diagrams or descriptions pertaining thereto and a prescribed test period of reasonable duration.
(4) Issuance of Permit. If, after investigation and in his sole discretion, the chief of police determines that the grounds for the prior revocation have been eliminated, or that such grounds are not likely to occur again in the future, an alarm system permit shall be issued to the person who is in possession of the property which the alarm system is designed to protect. The chief of police may attach such conditions to an alarm system permit as he deems reasonably necessary to insure that the permittee will comply with the provisions of this chapter.
(5) Appeals. Any person whose reapplication for an alarm system permit is denied by the chief of police may appeal such denial to the city council, in accordance with the procedure set forth in Section 5.50.100 of this chapter. (Ord. 1006 § 1 (part), 1984).
5.50.120 Regulations, requirements and duties.
(1) Alarm System Requirements. No alarm system shall be installed or connected on or after the date this chapter becomes effective which emits the sound of a siren. Any alarm system which emits the sound of a siren and which is installed and in operation prior to the date this chapter becomes effective, shall have that part of the alarm system which emits the sound of a siren disconnected within one year from the date this chapter becomes effective.
(2) Audible Alarm System Requirements. Any alarm system which is installed or connected on or after the date this chapter becomes effective and which, when activated, generates an audible sound on the premises, shall have as part of the system an automatic shutoff that will deactivate the audible portion of the system within thirty minutes after it is first activated. Any alarm system which is installed and in operation prior to the date this chapter becomes effective and which, when activated, generates an audible sound on the premises, shall have such an automatic shutoff device installed and in operation within two years after the date this chapter becomes effective.
(3) Display of Alarm System Permit. Every alarm system permit shall be kept on the premises where the alarm system is located.
(4) Automatic Dialing Device Regulation.
(a) No automatic dialing devices shall be interconnected to a primary trunkline of the police department after the effective date of this chapter.
(b) Within ninety days after the effective date of this chapter, all automatic dialing devices interconnected to a primary trunkline shall be disconnected therefrom. The owner or lessee of such device shall be responsible for having the device disconnected within the ninety-day time period.
(c) Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:
(i) A central station; or
(ii) A modified central station; or
(iii) An answering service.
(d) The relaying of messages to the police department by a modified central station or an answering service shall be over a special trunkline unless the special trunkline is unavailable. The relaying of messages by a central station may be over a direct line.
(e) No automatic dialing device may be interconnected to the telephone company operator. (Ord. 1006 § 1 (part), 1984).
5.50.130 Confidentiality.
The information furnished and secured pursuant to this chapter shall be confidential in character, 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 the chapter. The public interest served by not making the information public clearly outweighs the public interest served by disclosure of the information. (Ord. 1006 § 1 (part), 1984).
5.50.140 Applicability of existing alarm systems.
The provisions of this chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the date on which this chapter becomes effective, provided, however, that the permits required for such alarm systems under Section 5.50.020 shall be obtained within one hundred eighty days from and after the date on which this chapter becomes effective. (Ord. 1006 § 1 (part), 1984).
5.50.150 Violation of chapter.
(1) Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, punishable on the first offense by a fine of one hundred dollars, on a second offense by a fine of one hundred fifty dollars and on each subsequent offense by a fine of two hundred fifty dollars.
(2) Enforcement. 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 such person from paying the permit fee or any service fee due and unpaid at the time of such conviction, nor shall payment of any permit fee or service 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 or 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 permit fee or service fee. All permit fees and service fees shall be deemed delinquent sixty days after they are due and payable. (Ord. 1159 § 4, 1993: Ord. 1006 § 1 (part), 1984).