Carpinteria Municipal Code Ch. 5.20 Burglar Alarm Systems

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For statutory provisions on local registration of burglar alarm company agents, see Penal Code § 12031(d)(5).

For the purposes of this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:

A. "Alarm agent" means any person employed by an alarm business, either directly or indirectly, whose duties include any of the following: maintaining, leasing, servicing, repairing, altering, replacing, moving or installing, on any building, place or premises, any alarm system.

B. "Alarm business" means any business engaged, in whole or in part, in the leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of alarm systems.

C. "Alarm seller" means a business that sells alarm systems, but does not lease, maintain, service, repair, alter, replace, move or install alarm systems.

D. "Alarm system" means any device designed for the detection of an unauthorized entry on premises, or for alerting others to the commission of an unlawful entry on premises, or for alerting others to the commission of an unlawful act, or for any one or more of these purposes, which device, when actuated, emits a sound or transmits a signal or message.

Alarm systems include, but are not limited to, direct-dial telephone devices, audible alarms and proprietor alarms. Devices not designed or used to register alarms audible or visible on the outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices, such as alarm couplers, installed by the telephone company to protect telephone company systems which might be damaged or disrupted by use of an alarm system.

E. "Audible alarm" means an alarm system which, when actuated, generates an audible sound on the premises.

F. "False alarm" means an alarm signal which would normally call forth a response by any police, fire or other public safety agency where an emergency situation does not exist.

G. "Proprietor alarm" means an alarm system which is not serviced by an alarm business.

H. "Subscriber" means a person who contracts for or receives service or maintenance with respect to an alarm system from an alarm business.

(Prior code § 3602(a))

A. Alarm Business Permit. Effective July 1, 1974, no person shall conduct an alarm business in the absence of a currently valid alarm business permit issued pursuant to the provisions of this chapter.

B. Alarm Agent Permit. Effective July 1, 1974, no person shall conduct himself as an alarm agent in the absence of a currently valid alarm agent permit issued pursuant to the provisions of this chapter. An individual holding a currently valid alarm business permit is exempt from the requirement for an alarm agent permit.

Upon a showing by an alarm agent that he has previously received clearance within one year by any California governmental agency equal to or superior to the background check conducted by the police chief, he need not submit an application nor pay a fee to receive an alarm agent permit. He shall, however, provide a copy of such clearance to the police department.

C. Alarm System Registration. Effective July 1, 1974, no person shall have or maintain at premises under his ownership or control any alarm system without first having registered that system pursuant to the provisions of this chapter.

(Prior code § 3602(b))

The provisions of this chapter shall not apply with respect to audible alarms affixed to automobiles or other motor vehicles, or public coin telephones.

(Prior code § 3602(c) (part))

A. Application for all permits required by this chapter shall be filed with the police department on forms provided for that purpose. All fees required shall be paid to the city treasurer.

B. Each applicant for an alarm business permit shall pay a nonrefundable permit fee of twenty-five dollars.

C. Each applicant for an alarm agent permit shall pay a nonrefundable permit fee of ten dollars.

D. No fee will be charged for an alarm system registration.

E. Application and registration requirements are as follows:

1. Applications for all permits and for alarm system registration required under this chapter shall be on a form prescribed by the chief of police. The applicant shall supply such information as may be reasonably necessary to evaluate and act upon the permit application. The name, address and telephone number of the person who will render service or repairs during any hour of the day or night must be furnished as part of the alarm system registration process.

2. All alarm agents licensed by the state of California shall register their name and file a copy of their state identification card with the chief of police.

(Ord. 247 § 10, 1978; prior code § 3602(c) (1—5))

A. Alarm Business and Alarm Agent Permits. After reviewing an application for an alarm business or alarm agent permit and payment of the required fee, the police department shall have a reasonable time in which to investigate the application and the background of the applicant to the extent deemed necessary. Thereafter, the permit shall be issued unless the chief of police finds that:

1. The applicant has submitted an application that contains a misstatement or omission of any material fact; or

2. Some matter or activity in the background of the applicant reasonably related to the activities to be engaged in is such that a reasonable man would conclude that there would be an undue risk to the public health or safety if the permit were granted. If either of the latter appears the permit may be denied. If the permit is denied, the reasons for denial shall be set forth in writing and provided to the applicant or his designee.

B. Alarm System Registration. Alarm systems shall be registered as a matter of course if the system meets the requirements of this chapter. Both alarm businesses and alarm seller shall be responsible for completing alarm systems registration cards for each of their customers or subscribers and for promptly transmitting such completed registration cards to the police department. Where the alarm system is in operation prior to the effective date of this chapter and is not serviced by an alarm business, the person owning, using or possessing such system shall be responsible for contacting the police department and registering the system.

(Prior code § 3602(d))

An alarm business permit shall be posted at all times at the premises from which any alarm business is conducted. A person acting as an alarm agent shall carry his alarm agent permit on his person at all times while he is so engaged, and shall display said permit to any police officer upon request.

(Prior code § 3602 (k))

Alarm business and alarm agent permits issued pursuant to this chapter shall expire annually and shall be filed with the police department on forms provided for that purpose. A fee of ten dollars shall be paid to the city treasurer for renewal of an alarm business permit, and a fee of five dollars shall be paid for renewal of an alarm agent permit. A renewal shall be granted unless grounds for suspension or revocation exist, in which case renewal may be denied. If renewal is denied, notice of the denial shall be given as provided in Section 5.20.090. A denial of a permit renewal may be appealed as provided in Sections 5.20.080 through 5.20.110.

(Prior code § 3602(e))

A permit granted under the provisions of this chapter may be suspended or revoked by the police chief if he shall find that the business operations of the permittee are being, or have been, conducted in violation of state statute or in violation of any provisions of this code, or that a misstatement or an omission of material fact has been made by a permittee, or on its behalf, in any document or application provided to the city by or on behalf of the permittee, or that there exists any other grounds for revocation which are specified in this chapter. For the purposes of this chapter, the holder of an alarm business permit shall be held fully responsible for the conduct of its officers, agents or employees.

(Prior code § 3602 (f) (part))

A permit shall not be revoked or suspended until a hearing has been held before the police chief relative to so doing.

Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing if notice is personally served. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the business address appearing upon the application for the permit. If notice is given by mail as herein provided, it shall be deemed given at the time of deposit in the United States mail, but such notice must be given at least seven days prior to the date set for such hearing. Any person aggrieved by the action of the police chief may appeal to the city council within the time and in the manner provided in Section 5.20.110.

(Prior code § 3602(f) (part))

Within ten days after reaching a determination: (A) with reference to an application for a permit, or (B) after a hearing concerning suspension or revocation of a permit, the chief of police shall serve a written copy of his decision on the applicant or permittee either by personal service or by mailing a copy of his decision, postage prepaid, to the applicant or permittee at the address set forth in the application or otherwise specified in writing by the applicant or permittee. If served by mail, the decision shall be deemed served upon its deposit in the United States mail.

The copy of the decision shall apprise the applicant or permittee of his right to appeal and of the time limitations and procedures specified in Section 5.20.110.

(Prior code § 3602 (g))

A. Right to Appeal. An applicant or permittee aggrieved by the decision of the chief of police shall have the right to appeal to the city council. Notice of appeal must be filed with the city clerk within fifteen days after service of the decision. The notice of appeal shall briefly state the basis for such appeal and shall be accompanied by a filing fee of twenty-five dollars.

B. Procedure. Upon receipt of the notice of appeal with the required fee, the city clerk shall place the matter on the agenda of the next regularly scheduled meeting of the city council. The city council shall then set the matter for hearing at least fourteen days, but not more than twenty-eight days, in the future. The city clerk shall thereupon give the appealing party written notice of the time and place of the hearing. If the appealing party deems additional time is necessary to prepare his presentation to the council, the hearing shall be continued by the city council to a later date, not to exceed thirty days beyond the date previously set. At the time and place set for the hearing upon the appeal from the decision of the chief of police, the city council shall give the appealing party a reasonable opportunity to be heard in order to show cause why the determination of the police chief should not be upheld. In cases where a permit has been denied, the burden of proof to show that the action taken by the chief of police was arbitrary, capricious, or in excess of the police chief's authority, shall be upon the appealing party. In cases where a permit has been suspended or revoked, or a permit renewal denied, the burden of proof shall be upon the city to establish that appropriate grounds existed for such action. The determination of the city council shall be final and conclusive.

(Prior code § 3602 (h—i))

The police chief may propose regulations prescribing minimum standards for the construction and maintenance of all alarm systems and requiring inspection and approval of all such systems. Such regulations shall have the full force and effect of law upon adoption by resolution by the city council after public heating.

(Prior code § 3602(1))

Every audible alarm shall have posted upon it a notice containing the name and telephone number of the alarm company or responsible person to be notified to render repairs or service during any hour of the day or night the burglar alarm rings. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building. The alarm business or owner of any audible alarm shall be responsible for deactivating any alarm within one hour of notification or after reasonable efforts of notification that such alarm has been activated and is ringing. The ringing of any alarm for a period in excess of one hour after such notification or efforts of notification have been made is a public nuisance and subject to misdemeanor prosecution, or abatement as a nuisance, or both.

(Prior code § 3602(m))

No person shall use or cause to be used, in connection with any alarm system, any telephone device or attachment that utilizes any public telephone trunk line of the city and which reproduces any prerecorded message, sound or alarm to report any burglary or other emergency without the prior written approval of the police department. Any such device that was installed and operative prior to the effective date of this chapter shall be removed from the city trunk line within sixty days unless written approval issued by the police department allowing the system to remain in service. Telephone alarm devices may be utilized if they terminate on a separate telephone line at the police department, providing that the expense of providing for that separate line shall not be borne by the city.

(Prior code § 3602(n))

A. Any alarm system which actuates excessive or recurring false alarms disturbing the peace, comfort or quiet of a neighborhood or of a considerable number of persons is a public nuisance.

B. The owner or lessee of any alarm system shall be assessed a fee, in the amount specified in the city's fee schedule as adopted by resolution of the city council, for each false alarm transmitted to the police department in excess of two such alarms during any twelve-month period. The fee shall be remitted to the city general fund.

(Ord. 410 § 1, 1987: prior code § 3602(o))

Nothing contained in this chapter shall be construed as a waiver or exemption from any business license tax otherwise applicable under the business license provisions of this code or any other provision of this code.

(Prior code § 3602 (j))

This chapter may be enforced by the procedure set forth in Sections 5.20.080 through 5.20.110, inclusive, of this chapter and Section 853.6 of the Penal Code of the State of California. These provisions will be enforced by members of the police department.

(Prior code § 3602(p))