Berkeley Municipal Code Ch. 9.70 Burglar and Holdup Alarm Businesses

The purpose of this chapter is to provide the minimum acceptance standards and regulations applicable to burglar and holdup alarm systems, alarm businesses, alarm agents and alarm users as defined in this chapter. (Ord. 5377-NS § 1, 1981)

For the purpose of this chapter the following definitions shall apply. The following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

A. "Alarm system" means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire alarm systems and alarm systems which specifically monitor temperature, humidity and any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this chapter.

B. "Alarm agent" means a person employed by an alarm business whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, causing others to respond to an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described herein. (New construction personnel not in the employ of an alarm business may be involved under contracts or subcontracts in the use or installation of alarm systems. Such persons are not required to obtain identification cards as alarm businesses.)

C. "Alarm company operator" means any person, business, or other entity operating for any consideration which engages in the installation, normal maintenance, alteration, monitoring, selling on premises, or servicing of alarm systems or who respond to alarm systems except for any alarm agent. Alarm company operator does not include a business which merely sells from a fixed location or manufactures alarm systems unless the business services, installs, sells on premises, monitors, or responds to alarm systems at the protected premises.

D. "False alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or their employees or agents. This does not include alarms caused by earthquake, windstorm, or other violent conditions.

E. "Subscriber" means any person, business or entity owning or entitled to possession of any premises on which an alarm system has been installed.

F. "Dialer" refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm is designed to detect.

G. "Direct connect" means an alarm system which has the capability of transmitting system signals to and receiving them at the police communications center.

H. "Police Chief" means the Chief of Police of the City of Berkeley.

I. "Police" or "Police Department" means the publicly supported Police Department of the City of Berkeley.

J. "Telephone company" means the utility that furnishes telephone services to the City. (Ord. 5560-NS § 1, 1983; Ord. 5377-NS § 2, 1981)

Each alarm company operator and each alarm agent doing business within the City of Berkeley on July 1, 1981 shall file a copy of their state identification card with the Berkeley Police Department not more than thirty days after issuance of said card by the state of California. Other alarm company operators and/or alarm agents shall file a copy of their state identification card within thirty days of the time that the operator or agent begins doing business within the City of Berkeley. (Ord. 5377-NS § 3, 1981)

Every alarm company operator shall within thirty days of its discontinuance of business within the City of Berkeley notify the Berkeley Police Department in writing of said discontinuance. (Ord. 5377-NS § 4, 1981)

At the time an alarm system is instituted, it shall be classified as either a burglary alarm, a robbery alarm, a panic alarm, or a medical assistance signal. The alarm shall be used only for the classification established for it at the time of installation. (Ord. 5377-NS § 5, 1981)

All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner which does not activate the alarm. (Ord. 5377-NS § 6, 1981)

Every audible alarm system shall have a sign or notice posted on or near the device, posted conspicuously, with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. All silent alarm systems shall have a notice on the premises which provides the same information. (Ord. 5377-NS § 7, 1981)

It shall be unlawful for any alarm system to terminate directly at the Berkeley Police Department whether or not said alarm system signal is transmitted by prerecorded dialing devices, telephone lines, radio waves, or any other means, unless specifically authorized in writing by the Chief of Police and the City of Berkeley electrical division.

Any alarm system which, when activated, causes an alarm to be sent by self-dialing, prerecorded voice notification units must meet "UL" standards for installation and equipment or similar standards of another testing agency. (Ord. 5377-NS § 8, 1981)

Upon notification by the Berkeley Police Department, the servicer or occupant shall proceed promptly and within forty-five minutes to the scene and render necessary service. This service shall include, when necessary, the opening of the premises so that they may be searched. (Ord. 5377-NS § 9, 1981)

The City Council shall establish by resolution a schedule of fees to be assessed against subscribers, owners or lessees of an alarm system who cause the Berkeley Police Department to respond to more than one false alarm within a ninety day period. The City Manager or their designee shall collect and receive all fees imposed pursuant to this chapter. The City Manager or their designee may prescribe, adopt and enforce rules and regulations relating to (a) responses to repeated and excessive false alarms emanating from a specific location; and (b) administration and enforcement of the collection of fees, including, but not limited to, provisions for correction of returns and amount of payment and imposition of late penalties. Copies of the rules, regulations and fee schedules adopted pursuant to this chapter shall be on file for public inspection at the front counter of the Berkeley Police Department. (Ord. 6049-NS § 1, 1991; Ord. 5560-NS § 1, 1983; Ord. 5377-NS § 10, 1981)

This chapter shall be administered and enforced by the Chief of Police. They are authorized to make inspections of alarm systems and of the premises whereon said systems are located. They are further empowered to make and enforce such rules and regulations as are necessary to implement the provisions of this chapter. (Ord. 5377-NS § 11, 1981)

It shall be unlawful to use, sell, or install an alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles for civil defense purposes. This section shall not apply to sirens mounted inside a building which cannot be clearly heard from outside the building. (Ord. 5377-NS § 12, 1981)

It shall be unlawful to operate an audible alarm system which does not shut off within a maximum time of thirty minutes from the time of activation. This may be accomplished with either an automatic cutoff or with a rearming phase. The rearming phase must be able to distinguish between an open and closed circuit; if the circuit is broken the system shall not rearm. (Ord. 5377-NS § 13, 1981)

Each alarm company operator shall provide accurate and complete instruction to the alarm system user in the proper use and operation of said system. Specific emphasis shall be placed on the avoidance of false alarms. All businesses which sell alarm systems, but which are not alarm company operators, are also responsible for instructing the buyer of an alarm system in the proper use of said system. (Ord. 5377-NS § 14, 1981)

If any provision or clause of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 5560-NS § 1, 1983; Ord. 5377-NS § 15, 1981)

Copies of this chapter are hereby ordered published by posting with the vote thereon for two days at the ten prominent places in the City of Berkeley as designated by Chapter 1.08 of the Berkeley Municipal Code. (Ord. 5560-NS § 2, 1983)