Chapter 9.05 — BURGLAR AND ROBBERY ALARMS

The city council finds:

(a)

Many burglar and robbery alarms to which law enforcement responds are false. Such false alarms result in an enormous waste of manpower;

(b)

Alarm systems which automatically and directly dial any emergency phone number are very prone to be activated by current failures or other events having no connection with criminal activity and tie up such emergency phones making them unavailable to receive genuine emergency calls;

(c)

The danger to citizens through emergency response created by false alarms must be eliminated;

(d)

The unnecessary waste of tax dollars through responses to false alarms must be elimated; and

(e)

False burglar and robbery alarms have created conditions causing danger and annoyance to the general public.

(Ord. 559 § 1, 2002).

As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:

(a)

"Alarm owners" means the person who owns, leases, rents, uses or makes available for use by his agents, employees, or representatives any alarm system.

(b)

"Alarm system" means any device, whether known as a burglary, robbery, or intrusion alarm, direct-dial telephone device, audible or silent alarm, or by any other name, which is used for the detection of any unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises where located and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. Alarms affixed to automobiles are not governed by this chapter.

(c)

"Audible alarm" means a devise designed to notify persons in the immediate vicinity of a protected premises by emission of an audible sound of an unauthorized entry on the premises or of the commission of an unlawful act.

(d)

"Direct-dial device" means a device which is connected to a telephone line and upon activation of an alarm system automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response.

(e)

"False alarm" means an alarm signal activated by causes other than the commission or attempted commission of an un-lawful act which the alarm system is designated to detect and/or report; and which results in a requested and/or actual response by law enforcement. False alarms include, but are not limited to, the activation of an alarm system because of mechanical failure, preventable accident, improper operation, misuse, malfunction, improper installation, or negligence or carelessness of the alarm user. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm.

(Ord. 559 § 1, 2002).

For every audible alarm, the alarm owner thereof shall post the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within thirty minutes of its being activated. No audible alarm may, when activated, emit a sound similar to the siren of authorized vehicles as defined in Section 165 of the California Vehicle Code. The principal alarm user shall ensure that all alarm users are instructed in the proper use of the alarm system and are aware of the provisions of this chapter.

(Ord. 559 § 1, 2002).

No person or other entity, except the city, shall use any alarm system which is equipped with a direct-dial device and which when activated, automatically dials any telephone number in any office of the sheriff or other law enforcement entity.

(Ord. 559 § 1, 2002).

(a)

A person shall not knowingly cause a false alarm to occur. This section does not prohibit a test of an alarm system as permitted in advance by the sheriff's department.

(b)

Violation of this section is a misdemeanor.

(Ord. 559 § 1, 2002).

After any false alarm, the alarm owner shall, upon request by the sheriff's department submit a written report to the sheriff's department describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within ten days of the date of request by the sheriff's department.

(Ord. 559 § 1, 2002).

An alarm owner who operates an alarm system on commercial or industrial zoned property which generates more than two false alarms in any twelve month period is deemed a public nuisance, and may be abated by the city.

(Ord. 559 § 1, 2002).

This chapter is not applicable to:

(1)

audible alarms for motor vehicles;

(2)

audible alarms for public telephone utilities whose only duty is to furnish telephone service pursuant to tariffs on file with the public utilities commission; and

(3)

alarm systems installed and maintained on residentially zoned properties.

(Ord. 559 § 1, 2002).

Use of an alarm system or audible alarm system in the absence of an actual emergency situation, which results in the response of the sheriff, or use of an alarm system rather than a telephone to summon the sheriff in any situation where such telephone use would not create an immediate threat to the safety of the caller or other persons or use of an alarm system to summon law enforcement to incidents of shoplifting,

petty theft, disturbances, prowlers, suspicious circumstances or to any incident where all suspects are believed to have the left the scene, is a false alarm and a misuse of the alarm system.

(Ord. 559 § 1, 2002).

Violation of this chapter shall be prosecuted as an infraction. Upon the first and second false alarm in a calendar year beginning January 1st, the sheriff will fill out a form (in triplicate) one to the alarm owner, one to the city, and one to remain on file with the sheriff's department indicating the property location, date of false alarm, and other information necessary to track false alarms. The city will retain copies and track all subsequent false alarms for that alarm user.

(Ord. 559 § 1, 2002).

(a)

The city may establish a procedure which permits a "break-in" period for new alarm systems. False alarms generated during the break-in period will not be charged against the alarm user, provided the following conditions are met:

(1)

The city shall be notified in advance, in writing, of the date on which the alarm system will be placed in operation; and

(2)

The alarm user and alarm company are actively involved in identifying and correcting actual and potential causes of false alarms.

(b)

The break-in period for each new alarm system shall commence on the date indicated in the written notification to the city and shall not exceed thirty consecutive calendar days and shall not be extended.

(Ord. 559 § 1, 2002).

A fine in an amount established by city council resolution shall be levied for each response to an alarm determined to be false, after the first two, including expired break-in periods.

(Ord. 559 § 1, 2002).

Any alarm installed prior to the effective date of the ordinance codified in this chapter shall comply with all provisions of this chapter.

(Ord. 559 § 1, 2002).