Brawley Municipal Code Ch. 7A Burglar Alarm Systems

Footnotes:

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Editor's note— Ord. No. 2019-01, § 1, adopted Feb. 5, 2019, amended former Ch. 7A, §§ 7A.1—7A.10, in its entirety which pertained to the same subject matter and derived from Ord. No. 86-04, § 1.

(a) Short title. This chapter shall be known as the "the burglar alarm ordinance."

(b) Purpose. The purpose of this chapter is to set forth regulations governing burglar alarm systems, to require permits therefor, and to provide sanctions for the operation of an alarm system without a permit and for false alarms.

(Ord. No. 2019-01, § 1, 2-5-2019)

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended:

(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 or in any building, structure, or facility, any alarm system.

(b) "Alarm business" means the business operated by any person of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replacing, moved, or installed any alarm system in or on any building, structure, or facility.

(c) "Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure, or facility or for altering others of the commission of an unlawful act within a building, structure, or facility, or both; and which emits a sound, gives inaudible warning by means of flashing light or other visible signal, or transmits a signal or message when actuated. Alarm systems include but are not limited to, telephonic alarms, audible alarms, and proprietor alarms. Audible alarms affixed to automobiles, alarm systems owned, maintained, and monitored by any governmental law enforcement agency in furtherance of law enforcement duties, and devices which are not designed or used to register alarms that are audible, visible, or perceptible outside of the protected building, structure, or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.

(d) "Appellant" means a person who perfects an appeal pursuant to this chapter.

(e) "Applicant" means a person, firm, partnership, association, corporation, limited liability company or other business entity who or which files an application for a permit as provided in this chapter.

(f) "Audible alarm" means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is actuated.

(g) "City" means the city of Brawley.

(h) "Day" means calendar day.

(i) "False alarm" means an activation of an alarm system upon or following which communication is made to the police department that an alarm has been triggered, and when police units responding to the alarm and checking the protected premises according to standard department operating procedures are unable to discover any evidence of unauthorized entry, criminal activity, or other emergency situation. The presumption that the alarm is false is rebuttable.

(j) "Police department" means the police department of the city of Brawley.

(k) "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 United States Postal Service.

(l) "User" means any person, firm, partnership, association, corporation, limited liability company or other business entity who, or which shall be granted a permit as provided herein, and his or its agents and representatives.

(m) "Person" means natural person, firm, partnership, association, corporation, limited liability company or other business entity.

(o) "Police chief" means the police chief of the city of Brawley.

(p) "Proprietor alarm" means an alarm which is not serviced by an alarm business.

(q) "Telephonic alarm" means any alarm system as specified herein which will activate a pre-recorded telephone dialing device programmed to dial a telephone number maintained by the Brawley Police Department.

(r) "Visual alarm" means a device designed for the detection of unauthorized entry on premises which generates an inaudible warning by means of flashing light or other visible signal.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) No alarm system shall be installed, used, or maintained in violation of any of the provisions of this chapter, or of any applicable statute, law, or administrative regulation of the United States of America, the State of California, or any administrative rule-making body thereof.

(b) The user shall be responsible for training and retraining all employees, family members, and other persons who may make regular use of the protected premises and who may, in the normal course of their activities, be in a position to accidentally trigger an alarm. Such training shall include procedures and practices to avoid accidental alarms, and steps to follow in the event the system is accidentally triggered.

(c) The user shall, at all times, be responsible for the proper maintenance and repair of the system and for repair, replacement of any component, method of installation, design feature, or like condition which may give rise to a false alarm.

(d) The user, their representatives, or their alarm agent shall notify the Brawley Police Department prior to any service, test, repair, maintenance, adjustment, alteration, or installation which might actuate a false alarm. For the purposes of this chapter, any alarm actuated where such prior notice has been given shall not constitute a false alarm.

(e) The user shall, at all times, maintain with the Brawley Police Department a current listing of the names and telephone numbers of the persons to be notified to respond to open or secure the premises; or to operate, render repairs to, or service the alarm system, during any hour of the day or night.

(f) Prerecorded telephonic alarms by means of a programmed automatic dialer are prohibited and therefore no police response will be made.

(g) A user shall not have in operation an audible alarm, unless such alarm shall be capable of terminating its operation within thirty minutes of its activation. Employees of the Brawley Police Department shall have the authority to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, structure, residence, or other facility, if such alarm does not terminate its operation within thirty minutes of its activation.

(h) The user shall pay to the city a fee for false alarms generated by the user's alarm system according to the following schedule:

(1) First two false alarms, as defined in section 7A.2, during each calendar year—no charge.

(2) For each false alarm thereafter—the user shall be charged fifty dollars per false alarm.

The city council shall have the authority to revise the foregoing fee schedule by passing a resolution to that effect.

(i) The user shall display a valid alarm system permit. Such permit shall be kept on the premises where the alarm system is located. The police department may issue an appropriate permit holder and establish requirements for its posting.

(j) The provisions of this chapter are not applicable to the following:

(1) Audible alarms affixed to automobiles;

(2) Alarm systems owned, maintained, and monitored by any governmental law enforcement agency in furtherance of law enforcement duties; and

(3) Alarm systems which are not intended or designed to alert directly or indirectly to law enforcement agencies or others outside the protected building, structure, or facility, but are designed solely to alert security personnel or others directly connected with or employed by the owner, or operator of the protected building, structure, or facility.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) No person shall possess or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. Where the alarm system was in operation prior to the effective date of the ordinance codified in this chapter, the alarm user shall be responsible for contacting the police department and obtaining said permit.

(b) Whenever any change occurs relating to the written information required by section 7A.5 the applicant or user shall give written notice thereof to the police department within ten days after such change.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) Issuing authority. The issuing authority shall be the police department.

(b) Approving authority. The approving authority shall be the police department.

(c) Application forms. Applications for the permit required hereunder shall be filed with the police department. All applications for permits shall be made on a form prescribed by the police department and shall contain such information as is necessary to evaluate and act upon the permit application, to include the following:

(1) The name, address, and telephone number of the owner of the protected premises;

(2) The type of premises and any business name by which the premises is known;

(3) The address of the protected premises, including if it is a residential, commercial, or industrial complex and any name by which the complex is commonly known; and

(4) The name, address, and telephone number of the person or persons who can be called during any hour of the day or night to respond to open or secure the premises; or to operate, render repair to, or service the alarm system.

(d) Investigation; issuance or denial of permits. If the alarm system complies with the standards, regulations and requirements set forth in section 7A.3, a permit for the operation of the system shall be issued. The permit shall be denied by the police chief if the alarm system does not comply with the standards, regulations, and requirements prescribed by section 7A.3. The applicant shall be advised in writing the standard, regulation, or requirement with which the applicant's alarm system does not comply. The applicant may reapply after the deficiencies have been corrected. The permit shall be issued to the person owning, using, or possessing the alarm system.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) A fee of twenty-five dollars shall be charged for an alarm permit. The alarm permit fee shall be paid in full at the police department at the time of submittal of the alarm permit application. Each permit shall be valid for a period not to exceed three years, until suspended, or until there is a significant change in the alarm system or a change in the owner of the protected premises.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) The police chief or designee shall have the authority to determine if an alarm generated by a user's alarm system is a false alarm.

(b) Written notice of any false alarm fee due and payable will be mailed, via United States Postal Service, on a quarterly basis.

(c) If the police chief or designee determines that the alarm was the third false alarm during the calendar year, he shall give the user written notice of the false alarm and of any false alarm fee due and payable as a result thereof. The user may appeal the question of whether or not an alarm generated by his alarm system was a false alarm as provided in section 7A.3. While the question is being appealed any fee due and payable is stayed pending the outcome of the appeal.

(d) The city manager, or her designee, may waive the false alarm fee upon the showing of proof of installation of a replacement alarm system or repair to the existing system.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) It shall be the responsibly of the alarm business and no such person shall fail, refuse, or neglect, to instruct the alarm user in the use and operation of such device or alarm, whether silent or audible, including specifically all necessary instruction in turning off said alarm, and that intentionally activating an alarm in the absence of an emergency is a criminal offense under Section 148.3 of the California Penal Code.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) Grounds. The following shall constitute grounds for the suspension of an alarm permit:

(1) The failure to comply with the standards, regulations, or requirements prescribed by section 7A.3; or

(2) Where the applicant or user, their employee or agent has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; or

(3) Failure to pay a false alarm fee within ten days of demand.

(b) Authority. Any permit issued hereunder may be suspended by the police chief for a period not to exceed thirty days for any of the grounds specified above in subsection (a) of this section.

(c) Procedure. The police chief shall, in the case of such suspension, serve the user with a written order of suspension, which shall state the reasons for such suspension. The written order of suspension shall be effective immediately if personally served, or seventy-two hours after the same has been deposited in the custody of the United States Postal Service.

Immediately upon such order becoming effective, the user shall discontinue the use of any alarm system requiring a permit under this chapter.

The determination of the police chief with regard to matters of suspension shall be appealable in the time and manner set forth in section 7A.9.

Where an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the city manager or the city council. The suspension shall be dissolved immediately if the decision of the city manager or the city council reverses the suspension.

(d) Surrender of permit. If any permit is suspended pursuant to this chapter, the user shall surrender said permit to the police department.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) After revocation of an alarm user's permit, no new user's permit shall be issued for the premises until written proof of correction is provided to the chief of police and the alarm system is determined to be in an acceptable working order. Acceptance and approval of the written proof of correction shall be the responsibility of the police chief or designee. If a reissued permit is revoked, no new alarm user's permit may be issued for the same premises until a new or remodeled alarm system is installed which meets all standards required as outlined in section 7A.3 of this regulation.

(a) Any person may appeal a decision by the police chief, regarding the question of whether or not an alarm was a false alarm or the suspension of a permit, to the city manager within ten days after the effective date of a notice of a false alarm or written order of suspension. The decision of the city manager shall be final unless that decision is appealed to the city council within ten days, in which event the city council's decision will be final.

(b) To appeal to the city manager's decision to the city council, the person appealing must submit the appeal in writing to the city clerk, within ten days after the effective date of the notice of the city manager's decision. Upon receipt of a timely appeal, the city clerk shall place the appeal on the city council's agenda for consideration. The city council shall consider the written appeal presented by the appealing person, and any documents submitted by the police chief and/or the city manager. The person submitting the appeal shall be permitted three minutes to address the city council in person at the council meeting. The city council shall not be obligated to hear testimony from witnesses, but at the discretion of the mayor, council members may make inquiries of the chief of police, the city manager, the person appealing or any other person in attendance at the meeting. The city council shall not be required to issue findings when ruling on the appeal. The rules of evidence shall not apply.

(Ord. No. 2019-01, § 1, 2-5-2019)

(a) Penalties. Any person operating an alarm system without a permit shall be guilty of an infraction and upon conviction shall be punished by:

(1) A fine not exceeding one hundred dollars for a first violation;

(2) A fine not exceeding two hundred dollars for a second violation within one year;

(3) A fine not exceeding five hundred dollars for each additional violation within one year.

(b) The city attorney shall have the discretion to set aside a first time conviction of failing to operate an alarm system without a permit upon the receipt of proof of compliance with section 7A. 6 of this chapter. Subject to approval by the court, a person accused of violating this chapter shall have twenty business days to comply with Section 7A.6, or shall remain responsible for the one-hundred-dollar punishment, in addition to the alarm permit fee prescribed in Section 7A.6 of this chapter. The waiver of punishment solely applies to the first time conviction, and will in no way be applicable to second and subsequent penalties incurred due to non-compliance.

(c) Enforcement. The conviction or punishment of any person for failing to secure a permit as required by this chapter shall not relieve such person from obtaining a permit for the operation of an alarm system. 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 false alarm 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 false alarm fee. All false alarm fees shall be deemed delinquent thirty days after they are due and payable.

(Ord. No. 2019-01, § 1, 2-5-2019)