Davis Municipal Code Art. 4.01 In General

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

Alarm agent.

Any person who is hired by an alarm business as an agent or employee for the performance of any of the following functions within the city: Selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises.

Alarm business.

Any business which is engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system in or on any building, place or premises. This definition specifically excludes retail establishments which sell, as part of their products, components for alarm systems; but which do not offer service, maintenance, repair, alteration, replacement, moving or installation of systems in or on any building, place or premises.

Alarm system.

Any device designed for the detection of an unauthorized entry on or into any building, place or premises, or for alerting others of the commission of an unlawful act, and which, when activated, emits a sound or transmits a signal or message.

Alarm user.

Any person upon whose premises an alarm system is maintained. Excluded from this definition are persons who maintain alarm systems on motor vehicles or any other alarm systems which do not directly or indirectly signal the police department. This definition shall include all alarm systems which require a police response when they are activated or which are designed to signal persons outside the premises.

Audible alarm.

That type of alarm system which, when activated, emits an audible sound.

Central station.

An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits and where such service is maintained at all times.

Central station system.

A system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded into and maintained and supervised from a central station having trained operators in attendance at all times.

Direct connect.

An alarm system which has the capability of directly transmitting system signals to the police communications center.

False alarm.

The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or his or her employees or agents or his or her alarm company. This definition specifically excludes alarms caused by violent natural conditions or disasters or alarms caused by conditions out of the control of the lessee, the owner or the alarm company.

Permittee.

The person to whom an alarm use permit is issued under this chapter.

Person.

Any individual, partnership, corporation or other entity.

Police chief.

The chief of the police department of the city or his or her authorized representative.

Police department.

The police department of the city.

Silent alarm.

That type of alarm system which, when activated, sounds a bell or buzzer or turns on a light or transmits a signal or activates any device at a predesignated place other than the location where the alarm has been installed.

Subscriber.

A person contracting with an alarm business for any of its services.

(Ord. 830 § 2; Ord. 951 § 2)

Each alarm user shall comply with the following conditions:

(a) Each alarm user shall provide the police chief with the address of each building, place or premises within the city for which the alarm user causes the installation of an alarm system. Failure to provide this information within twenty-four hours following installation rendering the system operable will subject the alarm user to a penalty to be assessed in an amount specified by resolution of the city council.

(b) Where audible alarm systems are serviced or maintained on or in any building, place or premises by an alarm business, the alarm user shall have the name and emergency telephone number of the alarm business posted on or near the front door of such building, place or premises.

(c) Alarm businesses contracting with a subscriber for a supervised silent alarm shall, upon the alarm being activated, immediately notify the city's police communication center by the center's emergency telephone. Such alarms need not be reported by the alarm business by such telephone if the alarm has been activated within five minutes prior to opening time or within thirty minutes after closing time, provided that the alarm business has a letter on file from the subscriber stating what the opening and closing times shall be, and provided that the alarm was not designed to detect robbery, as defined in Section 211 of the California Penal Code, and that the above provisions are approved by the police chief in writing.

(d) Each alarm business using a telephone answering service for the purpose of monitoring silent alarms for its subscribers shall submit the name and telephone number of such service within ten calendar days of the day such service commences.

(e) Each alarm business who installs or services an alarm system shall instruct the subscriber in the proper use and operation of the alarm system, especially in those factors which can cause false alarms.

(f) Each alarm business servicing an alarm system shall respond by servicing such alarm within forty-eight hours after such alarm business has been notified by the subscriber or the city's police department that an alarm system has malfunctioned.

(g) Upon request, each alarm business shall display his or her record of inspection or repair of any subscriber's installed alarm system to the police chief.

(h) Each alarm business shall notify the city's police department communication center that a subscriber's alarm system is under service or repair when, in the process of such service or repair, the system may be activated and cause an alarm requiring response by the police department.

(i) Each alarm system sold, leased, maintained, serviced or installed by an alarm business, and which operates on commercial current, must be equipped with a standby power supply sufficient for at least four hours.

(j) Each alarm system shall be subject to inspection by the city's electrical inspector and the police chief.

(k) Alarm equipment sold, leased, maintained or serviced by an alarm business shall be of design sanctioned by a nationally recognized testing laboratory, such as Underwriter's Laboratories, Inc. (UL), or approved by the police chief.

(Ord. 830 § 4; Ord. 951 § 3)

(a) Required. Within ninety days after the effective date of the ordinance codified in this chapter, every alarm user shall obtain from the police chief an alarm user permit for each alarm system he or she operates within the city. Alarm businesses are not required to obtain permits under this section when they lease or provide services to alarm system users. However, if alarm businesses use an alarm system to protect their own premises, they shall obtain permits for such systems as required in this section.

(b) Application. The alarm user applying for the permit required in subsection (a) of this section shall state on a permit application form, to be prepared by the police department and approved by the city attorney:

(1) His or her name;

(2) The address of the residence or business or businesses in or upon which the alarm system has been or will be installed;

(3) His or her telephone number;

(4) The type of alarm system; local, direct connect, central station, etc.;

(5) The name of the alarm business or business selling, installing, monitoring, inspecting, responding to or maintaining the alarm system;

(6) The name and telephone number of at least one other person (in the case of a corporate alarm user applicant, at least two persons) who can be reached at any time, who is authorized to respond to an alarm signal and who can open the premises in which the system is installed.

(c) Fee. The alarm user shall pay an annual fee in an amount established by resolution of the city council.

(d) Inspection. Every alarm user licensed under this section shall be required to have such alarm system inspected at least once a year by a licensed alarm business; and the alarm business making such inspection is required to report the results to the police department.

(e) Confidentiality of information. The information contained in an alarm user permit application required by this section and other information received by the police chief through correspondence or communications with an alarm user, shall be securely maintained and restricted to inspection only by the police chief or certain officers or city employees specifically assigned the responsibility of handling and processing alarm user permits in the course of official duties.

(f) Violation. Any alarm system user who operates an alarm system without first obtaining a permit as required by this section or who, after having a permit revoked or suspended and after exhausting his or her rights to hearing and appeal, fails to disconnect his or her alarm system, shall be in violation of this chapter.

(Ord. 830 § 8; Ord. 951 § 3)

In order to assist in carrying-out the provisions and purposes of this chapter, the police chief may from time to time implement such provisions by adopting and enforcing additional regulations concerning the safety and security of alarm systems, the installation of alarm equipment and the keeping of records concerning alarm systems. Such regulations shall be adopted and amended by the police chief pursuant to public hearing and written notice to the holders of permits issued under this chapter. The regulations adopted by the police chief, and amendments thereto, shall not become effective until they have been approved by the city council.

(Ord. 830 § 9)

The installation of any alarm system which, when activated, would cause a signal or message to be sent directly to the police department by telephone line or by any other means, must have the prior written approval of the police chief. Any permittee may apply in writing to the police chief for such approval, and such approval shall be evidenced by the issuance of a permit. Such application shall describe the alarm system and the testing procedures to be followed by the applicant as well as such other information as the police chief may reasonably require to reach a decision on the application. The police chief shall grant approval if he or she finds that the termination of the signal or message in the city's police department will not hinder police department activities. Each applicant who has been granted such approval shall maintain adequate equipment and an adequate work force to repair, maintain and service the particular alarm system involved in the approval. The city council may prescribe by resolution a fee for each application processed under this section and a monthly charge for each connection to the police department alarm panel.

(Ord. 830 § 10; Ord. 951 § 3)

More than three false alarms in a twelve-month period from any alarm system for which an alarm user permit has been obtained may constitute grounds for revocation of such permit, subject to the provisions of this section.

(a) When the department determines that a problem exists with a particular alarm, both the alarm company and the user will be contacted in an effort to identify and correct the problem.

(b) If, during any twelve-month period, false alarms from a particular location should exceed six in number, for each subsequent false alarm to which police units and personnel of the police department are dispatched, a service charge to be specified by a resolution of the city council will be assessed against the alarm user.

(Ord. 830 § 11; Ord. 951 § 3; Ord. 1838)

(a) Any business determined by the police chief to evidence a susceptibility to robbery, as defined by Penal Code Section 211, will be required to have a silent robbery alarm, as defined by Penal Code Section 211, connected directly to the master alarm panel within the police department.

(b) All residential alarms which are audible will be required to have an automatic, thirty-minute maximum, bell cutoff device incorporated within their design. The system may automatically reset itself, but after a second thirty minutes, maximum, of sounding, the bell must shut down and not sound until after it has been manually reset.

(c) Each residential alarm must be equipped so as not to sound due to power outages and must have a standby battery pack to operate the alarm for at least four hours.

(d) Any person responsible for maintaining or servicing alarms who refuses to respond and reset any alarm within the city is subject to immediate termination of his or her alarm permit. Such termination shall remain in effect until reinstated by the police chief upon a showing of ability to comply with the requirements of this chapter.

(e) Due to the limited space available on the police master alarm panel, no residential alarms shall be allowed on the police department alarm panel.

(f) All commercial establishments, with or without alarms, will be required to keep an updated business information card on file at the police department. Such card shall contain a diagram of the premises and the name, address and telephone number of the person to contact in case of emergency.

(g) Each city residence with an alarm will be required to provide information as to who will respond to reset the alarm or open the residence when deemed necessary by the police department.

(h) All commercial alarms will be required to be of the silent type unless special approval for an audible alarm is granted by the police chief.

(i) No person, except a representative of 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 an intra-state call and deliver a recorded message to any telephone number used for the receipt of emergency or governmental, administrative messages by the police department, the fire department, or any administrative office or department of the city. The term "telephone number" includes any additional numbers associated with such emergency or governmental, administrative telephone number through the use of a rotary or other system whereby additional telephone calls to the number are connected to other numbers when the first number is in use.

(j) Alarms are primarily designed to alert regarding intrusion or robbery. Any use of an alarm to summon the police where a telephone call would best serve the purpose will constitute a misuse of the alarm system and a violation of this chapter. For example, the use of an alarm system to summon police to a brawl or other disturbance would be a misuse of the system.

(Ord. 830 § 12; Ord. 951 § 3)

(a) The failure of any person to:

(1) Obtain an alarm system user permit as required;

(2) Make corrections to alarm systems as required by the police department; or

(3) Obey any order of the police chief, city manager, or city council of suspension or revocation of an alarm user permit after such person has exhausted his or her rights to hearings or appeals shall constitute an infraction punishable by a fine not to exceed the maximum fine provided in the California Government Code. Each day that such violation continues, after the expiration of the period allowed for compliance under the provisions of this chapter, shall constitute a separate offense.

(b) The police chief shall have the authority to institute an immediate nonresponse policy for any violation of Section 4.01.060 or 4.01.070. Such policy shall provide that the city's police personnel shall not respond to future alarms at such premises. Such nonresponse policy will be taken only after there is adequate written notification given to the alarm user and any alarm company involved.

(Ord. 830 § 13; Ord. 951 § 3)

As provided in this chapter, the police chief shall have the authority to exempt municipal, county, state and federal agencies from certain sections within this chapter, when need is shown by any such agency and approved by the police chief.

Such an exemption shall be in writing; the original thereof shall be delivered to the agency and a copy shall be retained by the police chief.

(Ord. 830 § 14)

Any party against whom a decision or finding is made by the police chief or city manager under this chapter, may appeal such decision or finding to the city council by filing a request for appeal, in writing, with the city clerk within ten days from the date of such decision or finding. The decision or finding shall be inoperative pending such appeal. The city council may affirm, modify or override the decision or finding on a majority vote of the council. The decision of the city council shall be final.

(Ord. 830 § 15; Ord. 2390 § 11, 2012)