Chowchilla Municipal Code Ch. 8.10 Regulation of Alarm Systems

This chapter shall be known as the security alarm system ordinance of the city.

(Ord. 430-05 § 1 (part), 2005)

The purpose of this chapter is to promote the responsible use of security alarm systems in order to facilitate the effective and efficient response to alarms by the Chowchilla police department or Chowchilla fire department.

(Ord. 430-05 § 1 (part), 2005)

For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

"Alarm company" means any person, retail establishment, organization, answering service, central station or modified central station that installs, connects, or monitors burglary, robbery, fire, smoke, carbon monoxide, water flow or other security alarm systems for consideration. Such companies shall be licensed in accordance with the provisions of Business and Professions Code Section 7590, et seq.

"Alarm system" means any mechanical or electrical device designed to emit a sound or generate a signal or message during the commission of an unlawful act in or an unauthorized entry into a building, structure or facility, building faults, i.e., smoke, heat, fire, carbon monoxide or water flow. The following devices shall not constitute an alarm system:

1. Alarm devices affixed to motor vehicles, boats, boat trailers, house trailers used for traveling or recreational purposes, recreational vehicles or aircraft;

2. Alarm devices installed on a temporary basis by the Chowchilla police department;

3. Handheld/portable personal safety devices.

"Alarm user" means any person responsible for operating an alarm system.

"Answering service" means a telephone answering service which provides as one of its services, the receiving, on a continuous basis, of emergency signals from alarm systems. Immediately upon receiving the signal, the answering service relays a message by live voice to the Chowchilla police department's communication center.

"Automatic dialing device" means an alarm system that automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.

"Burglary system" means any electrical or mechanical device installed at a residence or business and designed to instantly emit a signal when there is an attempted unlawful entry.

"Central station" means an office to which alarm systems are connected, where operators supervise the circuits, and where security or other service personnel are continuously present to investigate signals.

"Chief of police" means the person who occupies the office of the chief of police for the Chowchilla police department, or any person(s) the chief of police designates to administer this chapter.

"Chowchilla police department" means the police department of the city of Chowchilla.

"City" means the city of Chowchilla.

"Code" means the Chowchilla Municipal Code.

"Direct line" means a telephone line leading directly from a central station to the communication center of the Chowchilla police department which is used solely to report emergency signals on a person-to-person basis.

"Emergency" means any condition which results in, or which could result in, the response of police or fire in an authorized emergency vehicle, or any condition which jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, facility, vehicle or any other place which an individual may enter.

"Emergency power supply" means an uninterruptible power supply that will prevent the failure or interruption of normal utility electricity.

"Excessive false alarms" mean all false alarms actuated in excess of three false alarms within three hundred sixty-five consecutive days. Each alarm user individually and each alarm company as an entity will be allowed three false alarms before being considered as actuating "excessive false alarms."

"False alarm" means the activation of an alarm system which results in a response or the commencement of a response by the police or fire where an emergency does not exist.

"False alarm service fee" means the amount a permittee shall pay the city of Chowchilla for police or fire response to excessive false alarms to defray the cost of responding to false alarms prompting the response.

"Infraction" means an infraction as provided in this code.

"Interconnect" means to connect an alarm system to a telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.

"Modified central station" means an office to which alarm systems are connected, where operators supervise the circuits but where security or other service personnel are not present to investigate alarm signals.

"Notice" means a sign or notice.

"Operational testing" means a firm, person or corporation conducting any test on an alarm system.

"Panic alarm" means any electrical or mechanical device designed to enable an individual, twenty-four hours a day, to instantly alert others of the existence of a residential or commercial emergency by the transmitting of a signal and/or sounding of audible alarm when activated.

"Person" means natural persons without regard to number or gender, and any partnership, corporation, and any other type of legal entity.

"Person-to-person" means the alarm activity shall be discussed by a person in his or her actual live voice with a live voice at the Chowchilla police department.

"Primary trunk line" means a telephone line leading directly into the communication center of the Chowchilla police/fire dispatch, including 9-1-1 emergency lines, used to respond to emergency calls on a person-to-person basis. A primary trunk line is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company servicing area within which the Chowchilla police department has jurisdiction.

"Robbery alarm" means any device or system designed to operate twenty-four hours a day to instantly transmit a silent signal from a business to alert others of an actual armed robbery in progress.

"Siren" means any audible noise similar to the sound that authorized emergency vehicles are required to produce under the conditions set forth in Section 21055 of the California Vehicle Code.

(Ord. 430-05 § 1 (part), 2005)

A. Sirens. No alarm system which emits the sound of a siren shall be installed or connected. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the chief of police, provided such devices do not emit a sound similar to a siren. Anyone who installs, permits the installation of, or uses an alarm system that emits the sound of a siren, is guilty of an infraction as provided in this code.

B. Automatic Shut-Off. Any alarm system that is designed to emit a sound audible outside the structure in which the alarm system is lawfully installed, maintained and operated shall include an automatic shut-off device that shuts off the alarm system within thirty minutes of initial activation. Any person who knowingly installs, causes the installation of, maintains or uses an audible alarm without the required shut-off is guilty of an infraction as provided in this code.

C. Emergency Power Supply. All alarm systems installed after the effective date of the ordinance codified in this section shall be equipped with an uninterruptible power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm or deactivate the system. The emergency power supply must be capable of at least four hours of operation. Any alarm system installed prior to the effective date of the ordinance codified this section shall add the emergency power supply unit if the system generates three or more false alarms in a twelve-month period.

D. It is unlawful for any person, firm or corporation to conduct any test on any alarm system as may be described in this chapter which might generate response of the city police or fire departments. The subscriber's alarm agent, or alarm business shall be required to notify the police/fire dispatch prior to conducting any test on such alarms. Failure to make such notification will result in the alarm being designated as a "false alarm," which may be subject to a fee for such response.

(Ord. 430-05 § 1 (part), 2005)

A. Proper Interconnection of Automatic Dialing Devices. Persons using automatic dialing devices shall have such device interconnected to a telephone line which transmits directly to a central station, a modified central station, or an answering service.

B. Interconnection to 9-1-1 Operator. No automatic dialing device shall be interconnected to dial the 9-1-1 operator. Any person who knowingly interconnects or permits the interconnection of an automatic dialing device to the 9-1-1 operator is guilty of an infraction as provided in this code.

C. Interconnection to Primary Trunk Line. No automatic dialing device shall be interconnected to a primary trunk line of the Chowchilla police/fire dispatch. Any person who interconnects or permits the interconnection of an automatic dialing device to a primary trunk line of the Chowchilla police/fire dispatch is guilty of an infraction as provided in this code.

(Ord. 430-05 § 1 (part), 2005)

Any person, retail establishment, organization, answering service, central station or modified central station that installs, connects or monitors burglary, robbery, fire, smoke, carbon monoxide, water flow or other security alarm systems for consideration. Such companies shall be licensed in accordance with the provisions of Business and Professions Code Section 7590, et seq., and Chowchilla Municipal Code.

(Ord. 430-05 § 1 (part), 2005)

A. Robbery Alarm. A robbery alarm system shall be activated only in the event of a robbery or an attempted robbery. Any other use is prohibited. Any violation of this section is an infraction as provided in this code.

B. Panic Alarm. Any person who activates a panic alarm for reasons other than signifying an emergency is guilty of an infraction as provided in this code.

(Ord. 430-05 § 1 (part), 2005)

A. Alarm Transmitting Messages to 9-1-1 Operators. Alarm systems which transmit messages directly to 9-1-1 operators without interfacing with a central station, modified central station, or telephone answering service shall provide for two-way conversation. Any person who installs, permits the installation of, or operates an alarm system which when activated transmits messages directly to 9-1-1 operators and does not permit the 9-1-1 operators to speak directly to a person is guilty of an infraction as provided in this code.

(Ord. 430-05 § 1 (part), 2005)

Any central station, modified central station, or telephone answering service that relays messages to the Chowchilla police/fire dispatch, and request the dispatch of police officers or fire department to an alarm system location, shall maintain and shall provide the following information to police dispatch at the time each message is relayed:

A. The name of the permittee;

B. The address of the alarm system.

(Ord. 430-05 § 1 (part), 2005)

Any central station, modified central station or telephone answering service that fails to maintain or provide information as required by Section 8.10.090 of this chapter is guilty of an infraction as provided in this code.

(Ord. 430-05 § 1 (part), 2005)

A. Assessment. Alarm users shall be assessed a service fee for false alarms as specified below:

1. False alarms in excess of three per three hundred sixty-five day period not covered by the false alarm exemption portion of this chapter;

2. Equipment failure false alarms as noted in writing from the alarm company in excess of three will constitute violation of excessive alarms section of this chapter by the alarm company and will be treated as a violation which will result in service fees being assessed to the alarm company;

3. The service fee for excessive alarms will be determined by council resolution.

B. False Alarm Exemption. If an alarm user presents sufficient proof that a particular false alarm falls into one of the following categories, the alarm shall not be counted against the alarm user in determining whether the alarm user's alarm system actuated excessive false alarms:

1. False alarms which the alarm user can demonstrate were proximately caused by violent acts of nature;

2. False alarms which the alarm user can demonstrate were actually caused by the act of some person other than:

a. The Alarm User. For the purpose of this subsection, the term "alarm user" includes officers, agents, employees, independent contractors, and any other persons subject to the direct or indirect control of the permittee,

b. The person who installed, connected, operated, maintained or serviced the alarm system after having previously contacted police/fire dispatch and made notification of potential false alarm during installation, repair or testing.

C. Users who possess proof that a particular alarm meets the requirements for false alarm exemption under subsection B of this section shall present such proof to the alarm inspector within twenty days of the event resulting in such alarm.

D. Payment of Fee. A false alarm service fee invoice shall be mailed to the alarm user immediately following the assessment of the fee. Fees are due and owing not later than ten days after the date of mailing the invoice. The date of mailing shall appear on the invoice.

E. Reversal of Service Fee. Notwithstanding the provisions of Section 8.10.110 of this chapter, any person aggrieved by the assessment of a service fee may make a written request to the chief of police to reverse the service fee assessment.

F. Request for Reversal. Requests for reversal of the service fee assessment shall be personally delivered or mailed to the chief of police within five days of the date of mailing the assessment invoice. The request shall include the reason(s) for requesting the reversal and shall be accompanied by a crime report or crime report number that supports the requester's position that the service fee should be reversed.

G. Effect of Request. The timely receipt of a proper request for reversal shall result in a stay of the assessment until a decision has been reached on the request. If the request is denied, the fee shall be payable immediately upon notification of the denial. The request shall also tell the time period in which an appeal shall be filed with the city clerk until three days after the date of mailing of the decision on the request.

(Ord. 430-05 § 1 (part), 2005)

Upon a showing of proof of service by mail, the failure of any person to receive such notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. 430-05 § 1 (part), 2005)

The chief of police shall give the alarm user notice of assessment of a false alarm service fee. Notice of the service fee assessment shall be mailed not less than ten days, following the assessment. Notice shall include a brief statement of the grounds for the assessment.

(Ord. 430-05 § 1 (part), 2005)

Any person aggrieved by the decision of the chief of police in assessing a false alarm service fee may appeal such decision to the city council.

(Ord. 430-05 § 1 (part), 2005)

Notice of appeal complying with the appeal provisions of this code shall be filed in writing with the city clerk not later than fifteen days after the date of service of notice of the action giving rise to the appeal. During the pendency of the appeal, action by the chief of police shall be stayed. Notice of the appeal shall also be mailed by the appellant to the chief of police.

(Ord. 430-05 § 1 (part), 2005)

The notice of appeal shall include the name, current address and phone number of the appellant, a statement of the action which is being appealed, and a statement of the facts and law on which the appeal is based. In addition, the appeal shall be accompanied by a copy of the relevant requests submitted to the chief of police and all notices and decisions received from the chief of police.

(Ord. 430-05 § 1 (part), 2005)

The timely receipt of a proper notice of appeal shall not affect a service fee assessment unless the appellant seeks and is granted a stay by the chief of police. A request for stay shall set forth facts demonstrating that the appellant would suffer an extraordinary hardship if the stay is not granted.

(Ord. 430-05 § 1 (part), 2005)

Except where punishment is specifically provided elsewhere in this code, any person who violates any provision of this chapter is guilty of an infraction punishable by a fine as established per city council resolution.

(Ord. 430-05 § 1 (part), 2005)

The amount of any false alarms service fee due and owing 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 delinquent fees. All fees shall be deemed delinquent thirty days from the date they are due and payable.

(Ord. 430-05 § 1 (part), 2005)

The provisions of this chapter apply to all alarm systems installed, connected, operated or maintained prior to and after the date the ordinance codified in this chapter becomes effective. All such previously installed alarm systems were governed by the prior ordinance codified in this chapter.

(Ord. 430-05 § 1 (part), 2005)