Chapter 5.20 — ROBBERY AND BURGLARY ALARMS

The ordinance codified in this chapter shall be known as "The Burglary and Robbery Alarm Permit Ordinance."

(Ord. 676 § 1.00, 1979)

The purpose of this chapter is to set forth regulations governing burglary and robbery alarm systems, businesses and agents within the town, require permits therefor, provide the authority to establish fees, and provide for punishment of violations of provisions of this chapter.

(Ord. 676 § 1.10, 1979)

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

(1)

"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, removing, or installing on or in any building, structure, or facility, any alarm system.

(2)

"Alarm business" means the business by any individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure, or facility.

Exemption: The provisions of this section do not include a business which engages in the manufacture or sale of an alarm system unless such business services, installs, monitors or responds to alarm systems at the protected premises.

(3)

"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 alerting others of the commission of an unlawful act within a building, structure, or facility, or both; and which emits a sound or transmits a signal or message when actuated and which is likely to result in a response by the police 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 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. An alarm system includes all of the necessary equipment designed and installed for the detection of an unauthorized entry into a single building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure, or facility, or both.

(4)

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

(5)

"Applicant" means a person who files an application for a new or renewal permit as provided by this chapter.

(6)

"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.

(7)

"Day" means calendar day.

(8)

"E.I." means Electronic Intelligence Company, or any subsequent person with whom the town contracts for maintenance and/or installation of alarm terminals at the town Public Safety Communications Center.

(9)

"False alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation, or through the negligence of the owner or lessee of an alarm system, or his employees or agents. Such terminology does not include alarms caused by acts of God, electrical interruptions, flooding or other violent conditions.

(10)

"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.

(11)

"Permittee" means any person who shall be granted a permit as provided in this chapter, and his agents and representatives.

(12)

"Person" means natural person, firm, partnership, association or corporation.

(13)

"Police chief" means the police chief of the town or his authorized representative.

(14)

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

(15)

"Reporting telephone" means any intrusion detection device which, when activated, causes, either mechanically, electronically, or by any other automatic means, intrastate dialing of any telephone number and then transmits a prerecorded message.

(16)

"Subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system from an alarm business.

(Ord. 676 § 2.00, 1979)

The provisions of this chapter are not applicable to audible alarms affixed to automobiles.

(Ord. 676 § 4.30, 1979)

No person shall operate as an alarm agent within the town without first applying for and receiving state alarm agent registration therefor in accordance with the provisions of Division 3, Chapter 11 of the Business and Professions Code (Sections 7500 et seq.)

(Ord. 676 § 4.1, 1979)

Every person operating as an alarm agent within the town shall carry on his person at all times while so engaged a valid alarm agent state identification card and shall display such card to any police officer upon request.

(Ord. 676 § 3.20, 1979)

No person shall engage in, conduct or carry on an alarm business within the town without first applying for and receiving a state alarm company operator license therefor in accordance with the provisions of Division 3, Chapter 11 of the Business and Professions Code (Sections 7500 et seq.), and filing a copy of such license with the town finance department. In the event its license is suspended, revoked or otherwise rendered invalid by the state issuing authority, the alarm business shall notify the town finance department in writing of such state action within three days thereof, with a copy to the police department. Each alarm business owner and/or operator is required to provide the police chief with the name, address, and phone number of each new subscriber within the incorporated town limits prior to the activation of the new alarm system, or upon notification that an existing alarm system has been sold or transferred to another subscriber.

(Ord. 676 § 4.00, 1979)

Every person engaged in, conducting or operating an alarm business within the town shall post on the premises where the alarm business is located a copy of a valid state alarm company operator's license. The town finance department may issue an appropriate license identification tag and establish requirements for its posting.

(Ord. 676 § 3.30, 1979)

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.

(Ord. 676 § 4.20, 1979)

Applications for all permits required hereunder shall be filed with the finance department and shall be accompanied by the requisite fee. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. The finance department shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night.

(Ord. 676 § 5.20, 1979)

The information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter.

(Ord. 676 § 10.40, 1979)

The fee for an alarm system permit shall be set by resolution and shall not be prorated. Such permit issued shall expire three years after said issuance. Applications for renewals of permits shall be processed in the same manner as applications for the initial permit.

(Ord. 676 § 7.00, 1979)

The United States Government, the state, counties, municipal corporations, departments thereof and other governmental entities are exempt from fees authorized by Section 5.20.120.

(Ord. 676 § 10.30, 1979)

An application for an alarm permit shall be processed in a timely manner. The permit may be denied by the police chief if the alarm system does not comply with standards and regulations adopted pursuant to Section 5.20.280, or:

(1)

The applicant, his 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 town agency; or

(2)

That the applicant has had a similar type permit previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. Permits shall be issued to the person owning, possessing or using the alarm system.

(Ord. 676 § 5.30, 1979)

The issuing authority shall be the finance department.

(Ord. 676 § 5.00, 1979)

The approving authority shall be the police chief.

(Ord. 676 § 5.10, 1979)

Whenever any change occurs relating to the written information required by Section 5.20.100, the applicant or permittee shall give written notice thereof to the finance department, with a copy to the police chief, within ten days after such change or at any hearing conducted under this chapter if such hearing is conducted before the said notice has been given.

(Ord. 676 § 4.40, 1979)

No permit shall be issued for an alarm system which, due to the nature of its construction and/or installation, constitutes an unreasonable hazard to life and limb of responding public safety officers, in the opinion of the police chief.

(Ord. 676 § 3.80, 1979)

Any permit issued hereunder may be suspended by the police chief for the grounds listed in Section 5.20.200.

(Ord. 676 § 8.10, 1979)

The following shall constitute grounds for suspension and revocation:

(1)

The violation of any of the provisions of this chapter;

(2)

The failure to comply with standards or regulations adopted pursuant to Section 5.20.280;

(3)

When an alarm system actuates excessive false alarms, as defined in the rules and regulations prescribed by the town council, and thereby constitutes a public nuisance;

(4)

When the applicant or permittee, or his 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 town agency;

(5)

When the applicant or permittee has had a similar permit previously revoked for good cause within the past year, unless the applicant or permittee can show material change in the circumstances since the date of revocation;

(6)

Immediately following an alarm activation, where the alarm system permittee or his designated representative(s) fails to respond within one hour to a request for access to the protected premises, upon request to do so by a town police officer or public safety dispatcher who deems a response necessary to insure the security of the premises or persons where the system is installed.

(Ord. 676 § 8.00, 1979)

(a)

The determination of the police chief with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 5.20.240 through 5.20.270.

(b)

The police chief, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for such suspension. The said order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited in the course of transmission in said United States Postal Service. Notwithstanding the effectiveness of an order of suspension, permittee may continue the use of any alarm system requiring a permit under this chapter, until the appeal process as defined in Sections 5.20.240 through 5.20.270 has been exhausted, unless the police chief determines that the continued operation of such alarm system interferes with the safe and efficient operation of the police department.

(Ord. 676 § 8.20, 1979)

(a)

The suspension shall become a revocation fifteen days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Sections 5.20.240 through 5.20.270.

(b)

Where an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the town council who shall act upon the same in the manner set forth in Sections 5.20.240 through 5.20.270. Such suspension shall become a revocation if the decision of the town council upholds the suspension. The suspension shall be dissolved immediately if the decision of the town council reverses the suspension.

(Ord. 676 § 8.30, 1979)

If any permit is revoked pursuant to this chapter, permittee shall surrender said permit to the finance department.

(Ord. 676 § 8.40, 1979)

(a)

Informal Appeal. An appellant may informally seek relief from an order of suspension of an alarm system permit by presenting evidence to the police chief that the deficiencies in the alarm system, or its operation, have been rectified. The evidence must be presented within fifteen days of the effective date of suspension. Within five days of the date upon which the evidence was presented, the police chief shall notify permittee of his decision. In the event informal relief is not granted, appellant has an additional fifteen days from the date of notification of decision by the police chief to file a formal appeal.

(b)

Formal Appeal. Any person aggrieved by any decision of the police chief, including but not limited to the decision to approve or deny an application for a permit, to renew such permit, to suspend a permit, or to require reimbursement for excessive false alarms, shall have the right of appeal to the town council. An appeal must be perfected within fifteen days after notice of the decision of order of suspension by filing with the town manager a letter of appeal, which will be forwarded to the town council, stating therein the basis for such appeal.

(Ord. 676 § 6.00, 1979)

Failure to seek informal relief within said fifteen days and/or to file a letter of appeal within said fifteen days, shall constitute a waiver of appellant's right to a hearing. The town manager in his discretion may nevertheless grant such a hearing.

(Ord. 676 § 6.10, 1979)

The town manager shall fix the time and place of the hearing before the town council at a date no more than twenty days after his receipt of the letter of appeal. The town manager shall give the appealing party and any other persons requesting the same at least five days notice of the time and place of such hearing. The notice shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held at___________, on________, at the hour of_______, at which time you may show cause why the appeal you have filed should be sustained.

(Ord. 676 § 6.20, 1979)

At the time and place set for the hearing upon the decision of the police chief, the town council shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the police chief should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was not substantial evidence to support the decision of the police chief.

(Ord. 676 § 6.30, 1979)

The town council by resolution shall prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the town. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The police chief shall be authorized to inspect and approve all alarm systems installed within the town.

(Ord. 676 § 3.00, 1979)

Every person maintaining an audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the burglar alarm is actuated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building where the alarm system is located. Upon notification by the town's police department that an audible alarm is activated, the permittee, his representative, or his alarm agent, shall immediately proceed to silence the alarm. For purposes of this chapter, immediately means within thirty minutes. Alternately, the alarm system may be equipped with an automatic shut-off device which shall silence the alarm within thirty minutes, thus eliminating the need for a personal response as otherwise required by this section.

(Ord. 676 § 3.10, 1979)

(a)

The police chief is authorized to enforce rules and regulations, adopted by resolution of the town council, governing the connection of private burglar and/or robbery systems to the town Public Safety Communications Center or other town-approved communications center. Such rules and regulations shall prescribe minimum standards for the manner in which the said connections are to be made, the equipment and devices which shall be used to accomplish said connection, and the manner in which the said equipment and devices shall be maintained and their cost defrayed.

(b)

No person, business or concern may connect or continue to have connected any burglary and/or robbery alarm system to the town Public Safety Communications Center or other town-approved communications center, unless and until he has complied with all such rules and regulations.

(Ord. 676 § 3.90, 1979)

(a)

No person except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means initiate the intrastate calling, dialing or connection to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of such subscriber.

(b)

The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use. In no case will the prerecorded message from such reporting telephone terminate at any town-owned facility, or other town-approved communication center.

(Ord. 676 § 3.60, 1979)

Each alarm business, alarm agent or permittee which installs or services an alarm system shall clearly instruct the operators of the alarm systems in the proper use and operation of the alarm system, as frequently as necessary, especially in those factors which can cause false alarms.

(Ord. 676 § 3.50, 1979)

Each alarm business, alarm agent or permittee shall display to the police chief, when requested, their record of inspection or repair of any installed alarm system.

(Ord. 676 § 3.40, 1979)

A permittee shall be required to reimburse the town for the cost of the town police department manpower and equipment response to each and every false alarm deemed excessive as provided in this chapter. The amount of such reimbursement shall be fixed by the police chief and notification thereof to the permittee shall be made within ten days from the actuation of the excessive false alarm.

(Ord. 676 § 9.10, 1979)

Any alarm business licensed to do business and doing business in the town agrees to indemnify and hold harmless the town and its agents and employees from all claims for damages or injuries to persons or property, occurring as a result of the operation of said business. In addition, said alarm business agrees to defend in the name of the town any action for damages brought against the town based upon such claim.

(Ord. 676 § 10.10, 1979)

It is unlawful to install on the exterior or interior of a building an intrusion detection device or burglar alarm system which upon actuation emits a sound exceeding eighty decibels (when measured from outside the premises), which is similar to sirens in use on emergency vehicles or for civil defense purposes.

(Ord. 676 § 3.70, 1979)

The conviction or punishment of any person for violation of the provisions of this chapter shall not release such person from paying the permit fee or reimbursement for excessive false alarms due and unpaid at the time of such conviction, nor shall payment of any permit fee or reimbursement for excessive false alarms prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee or reimbursement for excessive false alarms shall be deemed a debt to the town. An action may be commenced in the name of the town in any court of competent jurisdiction for the amount of any delinquent permit fee or reimbursement for excessive false alarms. All permit fees or reimbursement for excessive false alarms shall be deemed delinquent thirty days after they are due and payable.

(Ord. 676 § 9.20, 1979)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment.

(Ord. 730 § 4, 1985: Ord. 676 § 9.00, 1979)