Daly City Municipal Code Ch. 5.37 Alarm Systems

A. "Alarm business" means the business by any 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.

B. "Alarm system" means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry, fires or other activity requiring urgent attention and to which police or firefighters are expected to respond.

C. "Alarm user" means the entity in control of any building, structure or facility wherein an alarm system is maintained.

D. "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, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility, any alarm system within the city. Exemptions: The provisions of this section do not include a person who engages in the manufacture or sale of an alarm system from a fixed location where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.

E. "Audible alarm" means any mechanical or electrical device designed for the detection of unauthorized entry on the land, building, structure and/or facility of an alarm owner which generates an audible sound outdoors when it is actuated.

F. "Automatic dialing device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency response.

G. "Burglary alarm system" means an alarm system signaling an entry or attempted entry into the area protected by the alarm system.

H. "Chief of police" means the chief of police of Daly City or his designated representative.

I. "City" means the city of Daly City.

J. "Communication division" means the city police facility used to receive emergency and general information from the public to be dispatched to the respective police or fire units.

K. "Coordinator" means the individual designated by the chief of police to issue permits and enforce the provisions of this chapter.

L. "Council" means the city council of the city of Daly City.

M. "Entity" means any individual, partnership, corporation or other legal association or organization.

N. "False alarm" means an alarm signal, eliciting a response by the police or fire department when a situation requiring a response does not, in fact, exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

O. "Fire alarm system" means an alarm system signaling a fire, smoke or conditions which warrant response by the fire department.

P. "Fire chief" means the chief of the fire department of Daly City or his designated representative.

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

R. "PMAM" means the PMAM Corporation, the contractor providing services to the city and on behalf of the city for the regulation, permitting and enforcement of the alarms program administration within the City of Daly City.

Q. "Primary trunk line" means a telephone line serving the communications division that is designated to receive emergency calls.

R. "Robbery alarm system" means an alarm system signaling a robbery or attempted robbery.

(Ord. 970 § 1 (part), 1982; Ord. No. 1430, § 2, 10-14-2019)

A. Every alarm user shall obtain an alarm user's permit for each system from the coordinator's office upon the effective date of the ordinance codified in this chapter or prior to use of an alarm system. Users of systems using fire, robbery and/or burglary alarm capabilities shall obtain separate permits for each function.

B. Application for an alarm user's permit shall be filed with the coordinator's office each year.

C. A connection fee to be set by the council by resolution will be made with original application. Each permit shall bear the signature of the chief of police and be for a one-year period. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the chief of police or the fire chief.

D. Renewal fees for all alarm users will be by the calendar year and shall be established by resolution of the council.

E. A revoked user's permit shall be obtained from the coordinator's office by filing an application and paying a fee, as set by the council by resolution. Each permit shall bear the signature of the chief of police and shall bear the same expiration date as the revoked permit. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the fire chief and/or chief of police.

F. If a residential alarm user is over the age of sixty years and a primary resident of the residence and if no business is conducted in the residence, a user's permit may be obtained from the coordinator's office according to subsections (A) and (B) without the payment of a fee.

G. A user who fails to obtain a permit within sixty days after the effective date of the ordinance codified in this chapter, or who is more than sixty days delinquent in renewing a permit, shall pay a fee as set by the council, by resolution.

H. An alarm user required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to this chapter, provided:

1. Permit shall be designated a special alarm user's permit;

2. A special alarm user's permit shall not be subject to revocation under Section 5.37.070, but the holder of the permit shall pay a fee for false alarms;

3. For each false alarm the holder of the special user's permit shall pay a fee of an amount set by the council by resolution;

4. The payment of any fee provided for in subparagraphs (2) and (3) of this subsection shall not be deemed to extend the term of the permit.

I. All previous valid registrations for the City of Daly City will be imported and noted as permit holders.

J. All new alarm users after they have submitted the alarm registration application and the registration fee will be listed as "permit holder."

K. An alarm user who has notified PMAM of cancellation of the registration via email, fax, phone or through the online citizen portal will have their account converted to non-permit holder and will be flagged as cancelled.

L. All unregistered locations identified through false alarm data as well as new installs reported by the alarm companies will be listed as non-permit holders unless the registration application and fee has been received.

M. Government properties including, but not limited to, city and public schools are exempt from all other provisions of the ordinance. The city will provide a comprehensive list of exempt locations.

N. PMAM will validate the alarm location address through the city's GIS database provided to PMAM to ensure the alarm location is within the jurisdiction of Daly City. If the address is not available in the GIS, PMAM will forward the address validation request to the city's alarm administrator.

O. All false alarms will be accumulated and will be charged in the calendar year.

(Ord. 970 § 1 (part), 1982; Ord. No. 1430, § 3, 10-14-2019)

A. The chief of police may prescribe minimum standards and regulations for the construction and maintenance of all burglary and robbery alarm systems installed within the city. These standards and regulations shall become effective upon adoption thereof by resolution of the council. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The chief of police may require inspection and approval of all police alarm systems installed within the city.

B. The fire chief may prescribe minimum standards and regulations for the construction and maintenance of all fire alarm systems installed within the city. These standards and regulations shall become effective upon adoption thereof by resolution of the council. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The fire chief may require inspection and approval of all fire alarm systems installed within the city.

(Ord. 970 § 1 (part), 1982)

Each alarm user shall maintain a current information card with the coordinator containing his/her name, address and telephone number, as well as the names, addresses and telephone numbers of the entities who render service to the alarm within one hour after being called at any hour of the day or night. Each alarm user shall immediately inform the coordinator of any and all changes in the information on file.

(Ord. 970 § 1 (part), 1982)

A. Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in the area subject to this chapter shall furnish the user with instructions that provide information to enable the user to operate the alarm system properly and to obtain service for the alarm system at any time.

B. Standard form instructions shall be submitted by every burglary and robbery alarm business to the chief of police within sixty days after the ordinance codified in this chapter for his approval. If the chief of police finds such instructions are incomplete, unclear or inadequate, he may require the burglary or robbery alarm business to revise the instructions to comply with Section 5.37.030(A) and then to distribute the revised instructions to its alarm users.

C. Standard form instructions shall be submitted by every fire alarm business to the fire chief within sixty days after the ordinance codified in this chapter for his approval. If the fire chief finds such instructions are incomplete, unclear or inadequate, he may require the fire alarm business to revise the instructions to comply with Section 5.37.030(B) and then to distribute the revised instructions to its alarm users.

(Ord. 970 § 1 (part), 1982)

A. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city except as approved by the chief of police for burglary and robbery alarms and by the fire chief for fire alarms.

B. It is unlawful for an alarm user to fail to disconnect or reprogram such device within twelve hours of receipt of written notice from the coordinator that an automatic dialing device is so programmed without approval by the appropriate authority.

(Ord. 970 § 1 (part), 1982)

A. Any alarm system which has four or more false alarms within a permit year shall be subject to permit revocation as provided in this section.

B. If the communications division records four or more false alarms within a permit year for any alarm system:

1. The chief of police shall notify the alarm user and the alarm business providing service or inspection to the user by certified mail of such fact and direct that the user submit a report to the chief of police within ten days of receipt of the notice describing actions taken or to be taken to discover and eliminate the false alarms.

2. If no report is submitted, or if the chief of police determines that the actions taken or to be taken will not prevent the occurrence of false alarms, the chief of police shall give notice on the tenth day, after the date of the notice, if the user does not file within that period a written request for a hearing.

3. If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the council, by certified mail at least ten days prior to the date set for the hearing, which date shall not be more than thirty nor less than ten days from the date notice of the hearing is mailed to the alarm user and/or the alarm business.

4. The hearing shall be before the council and the chief of police or fire chief and the alarm user shall have the right to present written and oral material.

5. If the council determines that four or more false alarms have occurred in a permit year, and that the user has not taken actions which will prevent the reoccurrence of false alarms, the council shall order the revocation of the user's permit.

6. An alarm user shall immediately discontinue use of the alarm system upon being notified by certified mail of the revocation of a permit pursuant to subparagraphs (2) or (5) of this subsection (B).

7. An alarm user whose permit has been revoked may apply for a revoked user's permit as provided in Section 5.37.020(E). The chief of police shall not be required to issue a revoked user's permit unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The chief of police may impose reasonable restrictions and conditions upon the user, before issuing a revoked user's permit, which restrictions and conditions shall be written on the permit and shall provide for summary revocation on the occurrence of four false alarms in the permit year.

8. In situations permitting summary revocation under subparagraphs (2) or (7) of this subsection (B), revocation shall be effective on the third day following the mailing by certified mail by the chief of police of a notice of revocation. There shall be no appeal of a summary revocation.

(Ord. 970 § 1 (part), 1982)

A. Every person maintaining an outside 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 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. The wording "POLICE ALARM OR FIRE ALARM" shall also have the telephone number imprinted as required by the chief of police or fire chief at the issuance or renewal of the permit and shall be placed on the gong covers or immediately below such alarm gongs. Such wording shall be clearly legible from the ground level adjacent to the building where the alarm system is located.

B. It shall be unlawful to install or use an alarm system which upon activation emits a sound similar to sirens in use on emergency vehicles or for civil disaster purposes.

C. All local exterior bells, gongs, noisemaking devices or pulsating lights shall have a timing device that will silence or turn off such devices or lights within ten minutes.

(Ord. 970 § 1 (part), 1982)

A. All information submitted in compliance with this chapter shall be held in the strictest confidence and shall not be deemed a public record, exempt from disclosure, pursuant to state statute and any violation of confidentiality shall be deemed a violation of this chapter. The coordinator shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under this chapter.

B. Subject to the requirements of confidentiality, the coordinator shall develop and maintain statistics having the purpose of assisting alarm system evaluation for use by members of the public.

(Ord. 970 § 1 (part), 1982)

All fees, fines and forfeitures of bail collected pursuant to this chapter shall be placed in a general revenue fund of the city; provided, however, that the city shall maintain records sufficient to identify the sources and amounts of that revenue.

PMAM will be responsible for posting or recording all payment activity. PMAM will post all payments approximately one to three days from receipt. During peak renewal periods posting will be completed within five business days from receipt of payment.

In the event of an overpayment or refund of any fine, PMAM will issue the refund out of the alarm program bank account on behalf of the city and will be returned within the next invoicing cycle.

In the event that the city's alarm program receives a NSF/stop payment notification related to an invoice, the applied bill payment will be adjusted as outstanding and additional twenty-five dollars is added to the account towards NSF/stop payment charge. The customer will be notified of these charges through a new invoice the following month.

PMAM will engage in a check fraud protection program by requiring a two-step verification process for all checks issued by PMAM. The cost of this program is fifty dollars per month which will be paid by the program prior to the split.

(Ord. 970 § 1 (part), 1982; Ord. No. 1430, § 4, 10-14-2019)