Chapter 5.27 — ALARM SYSTEMS

State Law reference— Alarm Company Act, Business and Professions Code § 7590 et seq.; local authority of cities to require that alarm system companies obtain business permits, require alarm agents and operators register with the city their name and state issued identification card, regulate false alarm activations and responses, and require owners of alarm systems to obtain a permit to operate the system, Business and Professions Code § 7592.8.

For the purposes of this chapter, the following definitions, as may be amended time to time by state statute, shall apply, except where the context clearly indicates a different meaning:

Alarm system means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location.

False alarm means an activated alarm or alarm signal from any alarm system which is responded to within the city by the police department, but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer.

(Code 1969, § 5.27.010; Ord. No. 696, § 1(part), 1994; Ord. No. 736, § 1, 1997; Ord. No. 955-2017, 12-18- 2017)

A service charge which is established by resolution of the city council in order to defray costs incurred in providing law enforcement services in response to a false alarm shall be paid to the city of each person who possesses premises that contain an active alarm system service, for each police response made to those premises generated by a false alarm as follows:

(1)

First response within a calendar year, verbal warning only.

(2)

Second response within a calendar year, written warning.

(3)

Third response within a calendar year, $50.00 charge.

(4)

Fourth response within a calendar year, $75.00 charge.

(5)

Fifth response within a calendar year, $100.00 charge.

(6)

Sixth response and any subsequent responses may result in the continual fine of $100.00.

(Code 1969, § 5.27.020; Ord. No. 696, § 1(part), 1994; Ord. No. 736, § 2, 1997; Ord. No. 769, § 1, 2001; Ord. No. 955-2017, 12-18-2017)

(a)

Any person, business or firm who possesses an alarm system shall pay an initial alarm permit fee and an annual renewal fee to the city as per the city's adopted fee schedule.

(b)

Residential alarm users who are disabled, and being the principal occupant of the premises wherein no business is conducted, will be exempt from payment of an alarm permit fee, but will be required to obtain a permit within 60 days after the need for such permit arises.

(Code 1969, § 5.27.030; Ord. No. 696, § 1(part), 1994; Ord. No. 736, § 3, 1997; Ord. No. 955-2017, 12-18- 2017)

Editor's note— Ord. No. 955-2017, adopted December 18, 2017, changed the title of § 5.27.030 from 'alarm licensing fee' to 'alarm permit fee,' as herein set out.

Where practical difficulties make it impossible or extremely difficult to comply with this chapter, the city manager or his authorized representative may issue a waiver of any service charge to be billed, subject to such terms and conditions as he may deem necessary to protect the public health and safety so that the spirit of this chapter shall be observed, the public health and safety protected and substantial justice done.

(Code 1969, § 5.27.040; Ord. No. 696, § 1(part), 1994; Ord. No. 736, § 4, 1997; Ord. No. 955-2017, 12-18- 2017)

(a)

The alarm permit fee and the alarm response service charge shall be a civil debt owing the city from the owner, occupant or person in possession, charge or control of the location of the alarm unit.

(b)

If an invoice for the service charge is unpaid 60 days after mailing, a penalty of ten percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges and penalties are paid in full.

(c)

If court action is taken to enforce nonpayment of charges, the user or property owner shall pay all reasonable attorney's fees incurred by the city.

(Code 1969, § 5.27.050; Ord. No. 696, § 1(part), 1994; Ord. No. 699, § 1(part), 1994; Ord. No. 736, § 5, 1997; Ord. No. 955-2017, 12-18-2017)

Editor's note— Ord. No. 955-2017, adopted December 18, 2017, changed the title of § 5.27.050 from 'alarm license fee and response service charge a debt' to 'alarm permit fee and response service charge a debt,' as herein set out.

Any charges authorized pursuant to this chapter which remain unpaid after the delinquent date set forth in section 5.27.050 may be collected thereafter by the city as provided in this section:

(1)

City council shall cause a report of delinquent charges to be prepared periodically. The city council shall fix a time, date and place for hearing and report and any objections or protests thereto.

(2)

The city council shall cause notice of hearing to be mailed to the property owners listed on the report not less than 15 days prior to the date of the hearing.

(3)

At the hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(4)

The delinquent charges set forth in the report, as confirmed, shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent charges plus administrative costs. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment.

(Code 1969, § 5.27.060; Ord. No. 696, § 1(part), 1994; Ord. No. 736, § 6, 1997; Ord. No. 955-2017, 12-18- 2017)

Any person, business, or firm who installs or otherwise provides an alarm system within the city must possess a current city business license and shall notify all of its subscribers of the provisions of this chapter which impose a service charge for false police alarms.

Property owners who self-install alarm system(s) within their own residence(s) and/or business(es) are exempt from obtaining a city business license for the purpose of such installation; however they are required to obtain an alarm permit and are subject to service charge for false police alarms.

(Code 1969, § 5.27.070; Ord. No. 696, § 1(part), 1994; Ord. No. 699, § 1(part), 1994; Ord. No. 736, § 7, 1997; Ord. No. 955-2017, 12-18-2017)

It is the responsibility, in the event any person, business, or firm who possesses an alarm system and decides to terminate or move location of said system, to notify the city police department of that change. Any other respondent change that may explicate any information for an immediate response must also be reported. Ownership is nontransferable and coverage non-assignable, therefore, new users of said system must inform city police department of the latest information to facilitate the best possible response time by means of a new application for alarm permit.

(Code 1969, § 5.27.080; Ord. No. 699, § 2, 1994; Ord. No. 736, § 8, 1997; Ord. No. 955-2017, 12-18-2017)