Burbank Municipal Code Art. 6 Public Safety Alarm Systems

This article shall be referred to as the PUBLIC SAFETY ALARM SYSTEM ORDINANCE. [Added by Ord. No. 2979; formerly numbered Section 17-40; renumbered by Ord. No. 3058, eff. 2/21/87.]

The purpose of this article is to set forth regulations governing burglary, robbery, fire, and medical assistance alarm systems within the City; to reduce false alarms; to require registration of alarm systems; and to provide the authority to establish fees. [Added by Ord. No. 2979; formerly numbered Section 17-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

Unless the context otherwise clearly indicates, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

ALARM AGENT: Any person who is registered as an alarm agent with the Bureau of Collection and Investigative Services, pursuant to the provisions of Division 3, Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code and doing business as such within the corporate limits of the City of Burbank.

ALARM COMPANY OPERATOR: Any person licensed as an alarm company operator by the Bureau of Collection and Investigative Services pursuant to the provisions of Division 3, Chapter 11.6 (commencing with Section 7590) of the Business and Professions Code and doing business as such within the corporate limits of the City of Burbank.

ALARM OFFICER: With regard to burglary or robbery alarm systems, the Chief of Police of the City of Burbank, and with regard to fire or medical assistance alarms, the Fire Chief of the City of Burbank, or their respective designees.

ALARM SUBSCRIBER: Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system.

ALARM SYSTEM: Any mechanical or electrical device which is designed or used for the detection of burglary, robbery, fire, or need for medical assistance within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or both which emits a sound or transmits a signal or message when actuated and which is designed to elicit a response from the Police Department or Fire Department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all of the necessary equipment designed and installed for the detection of burglary, robbery, fire, need for medical assistance, or other hazard in a single building structure, or facility, or for alerting others to the commission of an unlawful act within a building, structure, or facility.

AUDIBLE ALARM: A device designed for the detection of unauthorized entry on certain premises which generates an audible sound on such premises when it is actuated.

AUTOMATIC DIALING DEVICE: 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 an emergency situation that the alarm system is designed to detect.

DIRECTOR: The officer or employee of the City designated by the City Manager as having direct authority and responsibility for the business licensing functions of the City, or the designee of such Director.

EMERGENCY: Any condition which results in, or which could result in, the response of police or fire personnel or any condition which jeopardizes or could jeopardize public safety.

FALSE ALARM: An alarm signal activated from any alarm system which is responded to by personnel of the Police Department or Fire Department and for which no emergency situation exists or existed as determined by the responding personnel. The term “false alarm” shall not include alarms caused by hurricanes, tornadoes, earthquakes or other extraordinary circumstances determined by the Alarm Officer to be clearly beyond the control of the alarm subscriber.

NONRESPONSE STATUS: That category of police or fire service whereby the Police Department or the Fire Department will not respond to a specified alarm system.

PROPRIETOR ALARM: An alarm which is not serviced by an alarm agent or alarm company operator. [Added by Ord. No. 2979; formerly numbered Section 17-42; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Registration Certificate Required: No alarm subscriber shall install, replace, maintain, or operate an alarm system without applying for and receiving an alarm system registration certificate in accordance with the provisions of this section. Any alarm system which has been installed, replaced, maintained, or operated without the benefit of a valid registration certificate may be placed on nonresponse status by the Alarm Officer according to the procedures delineated in Section 4-1-611 of this article until a registration certificate has been issued or renewed.

B. Applications: Applications for an alarm system registration certificate shall be filed with the Director on forms provided by the Director. The application shall be signed and verified by the alarm subscriber and shall contain such information as the Director may deem necessary. If the Director finds the application is complete, a registration certificate shall be issued. Registration certificates for alarm systems shall not be transferable. Applications for alarm system registration certificates and the information contained thereon shall be confidential and the Alarm Officer and Director shall not release such application or the information contained thereon to any person except as may be necessary in the administration and enforcement of the provisions of this article.

C. Fees: An alarm subscriber applying for or renewing an alarm system registration certificate shall pay the fee designated in the Burbank Fee Resolution. Such fee shall not exceed the cost to the City in processing the application.

D. Alarm Requirement: The alarm subscriber shall supply on the application for registration certificate the names, addresses, and phone numbers of at least three (3) persons to notify in the event of an alarm activation. If the alarm subscriber has arranged for a service contract with an alarm company operator, or any other service company, which operates on a twenty four (24) hour basis, emergency telephone numbers of such company shall be deemed to satisfy this requirement.

E. Duration: Each registration certificate issued pursuant to this article shall be valid for such period or periods as may be established by the Director.

F. Display of Registration Certificate: The registration certificate shall be kept on the premises where the alarm system is located and shall be posted according to regulations promulgated by the Director.

G. Rules and Regulations: The Director shall promulgate rules and regulations implementing the provisions of this section and Sections 4-1-606 and 4-1-607 of this article. Such rules and regulations may include, but need not be limited to, establishing criteria for the waiver of fees required under this section and Section 4-1-607 consistent with the intent and purpose of this article. [Added by Ord. No. 2979; formerly numbered Section 17-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

Upon notification by the Alarm Officer that an alarm system is activated, the alarm subscriber, or the representative or alarm agent of the alarm subscriber, shall immediately proceed to silence the alarm. The silencing shall be completed within fifteen (15) minutes after notification when the alarm system is protecting a residential structure or within thirty (30) minutes when the alarm system is protecting a commercial or industrial structure. Alternately, the alarm system may be equipped with an automatic shut off device which shall silence the alarm within fifteen (15) minutes after activation when the alarm system is protecting a residential structure or within thirty (30) minutes of activation when the alarm system is protecting a commercial or industrial structure, thus eliminating the need for personal responses otherwise required by this section. [Added by Ord. No. 2979; formerly numbered Section 17-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

All alarm company operators and alarm agents shall register their name and file a copy of their state identification card, license, or registration certificate with the Director. Each alarm agent while engaged in the duties of an alarm agent shall carry on such agent’s person at all times the state identification card, license, or registration certificate and shall display same to the Alarm Officer when requested. [Added by Ord. No. 2979; formerly numbered Section 17-45; renumbered by Ord. No. 3058, eff. 2/21/87.]

Whenever any change occurs relating to any information required by this article, the person required to provide such information shall give written notice thereof to the Director within ten (10) days of such change. [Added by Ord. No. 2979; formerly numbered Section 17-46; renumbered by Ord. No. 3058, eff. 2/21/87.]

All alarm systems shall conform with the provisions of Title 9, Chapter 1, Article 8 of this code (Uniform Electrical Code), if applicable. [Added by Ord. No. 2979; formerly numbered Section 17-47; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Maintenance: Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.

B. Inspections: Each alarm subscriber shall cause each alarm system to be inspected regularly, by a representative of the company with a service contract or other person qualified to inspect and service such equipment, at least once every twelve (12) months. Inspections shall be complete enough to detect any likely malfunctions and may include testing of the equipment. Particular attention shall be paid to the conditions that have the potential of causing false alarms. The person making the inspection shall provide a written report to the alarm subscriber, and the report shall be kept on the premises for two (2) years, subject to being shown to the Alarm Officer when requested. [Added by Ord. No. 2979; formerly numbered Section 17-48; renumbered by Ord. No. 3058, eff. 2/21/87.]

An alarm subscriber shall reimburse the City for the cost of the Police or Fire Department personnel and equipment response to each false alarm in the amount designated in the Burbank Fee Resolution. [Added by Ord. No. 2979; formerly numbered Section 17-49; renumbered by Ord. No. 3058, eff. 2/21/87.]

An alarm subscriber shall not operate an alarm system which generates more than three (3) false alarms in a ninety (90) day period, or five (5) false alarms in a one hundred eighty (180) day period, or six (6) or more false alarms in any twelve (12) month period. Any alarm system operated or maintained in violation of this section shall be deemed a public nuisance. In addition to any other remedy available to the City, including the collection of any charge or fee required by this article, the Alarm Officer may, in such officer’s discretion, place an alarm system operated or maintained in violation of this section on nonresponse status according to the procedures delineated in this section.

A. Notice: The Alarm Officer shall provide the alarm subscriber ten (10) days written notice of nonresponse status. The nonresponse status shall not become effective until the notice period has lapsed.

B. Review: The alarm subscriber may request the Alarm Officer to review and reconsider the decision to place an alarm system on nonresponse status. In the event a request for review is filed during the ten (10) day notice period, nonresponse status shall not become effective until the fifth day following notice of the Alarm Officer’s decision on such request for review. The request for review shall contain all pertinent information and evidence the alarm subscriber deems appropriate for the Alarm Officer’s decision.

C. Compliance: An alarm system shall remain on nonresponse status until such time as the alarm subscriber provides a written report, and such other evidence as the Alarm Officer deems appropriate, describing the causes of the false alarms which resulted in the alarm system being placed on nonresponse status and the action taken to terminate or remedy such causes. Nonresponse status shall not terminate until the Alarm Officer finds that repair and corrective action adequate to remedy the causes for the false alarms have been effected and the alarm subscriber has paid the fee specified in the Burbank Fee Resolution. [Added by Ord. No. 2979; formerly numbered Section 17-50; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Automobile Alarms: The provisions of this article shall not apply to audible alarms affixed to automobiles.

B. Alarm Officer: The provisions of this article shall not apply to any alarm system installed or maintained by the Alarm Officer.

C. Telephone Systems: The provisions of this article shall not apply to any auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. [Added by Ord. No. 2979; formerly numbered Section 17-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Permit: No person shall use or operate an automatic dialing device without having a permit therefor from the Director.

B. Application for Permit: Applications for permits under this section shall be made on such forms as may be prescribed by the Director and shall be signed by the alarm subscriber and the person who provides or installs such device. Each alarm subscriber shall provide the Director with an agreement on the part of both the alarm subscriber and the person who furnishes or installs such device that:

1. Such device will be programmed to initiate and deliver the recorded message or signal only to such City telephone number or numbers as may be assigned by the Director or an authorized representative; and

2. They will promptly notify the Director if the use of such device is discontinued; and

3. In the event such device malfunctions and there is a failure to correct the cause thereof within twenty four (24) hours after being so notified, they will pay to the City an amount designated in the Burbank Fee Resolution.

C. Application and Inspection Fees: Any such application shall be accompanied by an application fee as designated in the Burbank Fee Resolution. If in the opinion of the Director an inspection of the premises where such device is to be located is necessary or desirable, an inspection fee shall be paid. Prior to issuing any such permit, the Director may require such applicants to present for examination and inspection the device which applicants propose to install and such other information relating to such device as may be necessary to establish its adequacy and suitability for the purpose intended.

D. Permit: Any permit issued by the Director pursuant to the provisions of this section shall specify the City telephone number or numbers to which any such device may be programmed. It shall be unlawful for the persons to whom such a permit is issued to utilize any City telephone number other than the number or numbers specified in such permit.

E. Revocation of Permit: Any permit issued pursuant to the provisions of this section may be revoked by the Director at any time for any of the following reasons:

1. The use of such device or devices substantially impairs the City’s communications facilities.

2. Failure to properly maintain and service such device.

3. Failure to pay any amounts due by reason of the malfunctioning of such device.

4. Failure to take necessary corrective action to prevent false alarms. [Formerly numbered Section 17-52; renumbered by Ord. No. 3058, eff. 2/21/87; 2979.]

A. Audible Alarm Systems Similar To Sirens: It is unlawful to install or maintain on the exterior or interior of a building a public safety alarm system which upon actuation emits a sound which is similar to sirens in use on emergency vehicles or in vehicles used for civil defense purposes.

B. Miscellaneous: It is unlawful to install or maintain any alarm system designed to detect burglaries or robberies for any purpose other than reporting such burglaries, robberies, or other crimes involving potential serious bodily injury or death. No person shall operate or use a public safety alarm system for any purpose other than detecting and reporting a burglary, robbery, fire, or need for public assistance. [Added by Ord. No. 2979; formerly numbered Section 17-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

The conviction or punishment of any person for violation of the provisions of this article shall not release such person from paying any business taxes, charges, fees, license fees, or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent criminal prosecution for violation of any of the provisions of this article. 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. [Added by Ord. No. 2979; formerly numbered Section 17-54; renumbered by Ord. No. 3058, eff. 2/21/87.]

The City shall be under no duty or obligation to an alarm subscriber or to any other person by reason of any provision of this article or the exercise of privileges by a subscriber hereunder, including, but not limited to, any defects in an alarm or failure to respond to such alarms. [Added by Ord. No. 2979; formerly numbered Section 17-55; renumbered by Ord. No. 3058, eff. 2/21/87.]