Chapter 7 — BURGLARY AND ROBBERY ALARMS

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

"Alarm agent" means a person employed by an alarm business whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein.

Exemption. 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 and who neither visits the 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.

"Alarm business" means the business by any person who, for any consideration, engages in business or accepts employment, selling, leasing, maintaining, monitoring, 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, or who responds to alarm systems except for any alarm agent.

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

"Alarm system" means any mechanical or electrical device or assembly of equipment and devices which is designed or used for the detection of any 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 to signal the presence of a hazard requiring urgent attention, and which emits a sound or transmits a signal or message when activated to which police are expected to respond. 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.

"Applicant" means a person, firm or corporation who, or which, files an application for a new, renewal, or reinstated permit as provided in this chapter.

"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.

"False alarm" means an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect, necessitating response by the Police Department where an emergency situation does not exist. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm subscriber shall not constitute a false alarm.

"City" means the City of Downey.

"Day" means calendar day.

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

"Finance Department" means the Finance Department of the City.

"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.

"Permittee" means any person who shall be granted a permit as provided herein, and its agents and representatives.

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

"Police Chief" means the Police Chief of the City.

"Police Department" means the police department of the City.

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

"Residence" means the premises occupied by a person or persons as a regular place of abode and conforms to the zoning ordinance of the City.

"Subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system or for the servicing maintenance of an alarm system from an alarm business. (Added by Ord. 777, adopted 12-11-84)

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 services and secure the premises during any hour of the day or night that the alarm is activated. The 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. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within 30 minutes of its being activated.

• (a) Automatic Dialing Into City Lines Prohibited. No person shall install, use or cause to be used, any telephonic device which is activated electronically to automatically dial a public telephone line of the City.

• (b) Live Answering Service. Any automatic telephonic dialing system shall dial to, and the message shall be received by, a live answering service, such as a private alarm dispatch center.

(Added by Ord. 777, adopted 12-11-84)

Every alarm agent, while engaged in the duties of an alarm agent, shall carry on his person at all times a valid identification card issued pursuant to the Alarm Company Act of the State of California, and shall display the identification card to any police officer upon request. (Added by Ord. 777, adopted 12-11-84)

No person shall engage in, manage, conduct or operate an alarm business in the City without first registering with the City License Division on appropriate forms and obtaining a business license therefor by providing the following information:

• (a) Name of business, and if a corporation, its name, date and place of incorporation and address of its principal place of business, together with the name and business telephone number of the owner or manager and its State Alarm Company Act license number.

• (b) A list of the addresses, business and emergency telephone numbers of all central stations handling such person's accounts in the City.

(c) Payment of the annual business tax certificate in the amount provided by resolution. (Added by Ord. 777, adopted 12-11-84)

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. (Added by Ord. 777, adopted 12-11-84)

The provisions of this chapter are not applicable to audible alarms affixed to automobiles. (Added by Ord. 777, adopted 12-11-84)

The permit shall be kept on the premises where the alarm system is located. The Finance Manager may issue an appropriate identification tag and establish requirements for its posting. Each permit shall be given a unique number. The Finance Manager shall charge the permit application fee as provided in this chapter. No permit shall be issued, reinstated or renewed for any person until all alarm system permit fees or service charges due and owing are paid. (Added by Ord. 777, adopted 12-11-84)

Whenever any change occurs relating to the written information required by this chapter, the applicant or permittee shall give written notice thereof to the Finance Manager within five days after such change.

(Added by Ord. 777, adopted 12-11-84)

The issuing authority shall be the City Manager. The approving authority shall be the Police Chief.

(Added by Ord. 777, adopted 12-11-84)

Applications for all permits hereunder shall be filed with the Finance Manager, 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 Manager 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 type of alarm system installed and the name, address, telephone number and State license number of the person or agent who will render service or repairs during any hour of the day or night. (Added by Ord. 777, adopted 12-11-84)

The alarm system permit shall be denied by the Police Chief if the alarm system does not comply with standards and regulations adopted pursuant to this chapter. The permit shall be issued to the person or subscriber using or possessing the alarm system at the installation premises. (Added by Ord. 777, adopted 12-11-84)

The procedure for any appeal of a decision by the Police Chief shall be filed with the City Manager within 15 days after the date denial takes effect per this chapter. The appeal procedure will follow guidelines set forth in this chapter. (Added by Ord. 777, adopted 12-11-84)

The installation fee for an alarm system permit installed in a residence shall be in an amount established by City Council Resolution. The annual fee for an alarm system permit installed in other than a residence shall be in an amount established by City Council Resolution, and such permit shall expire on the 31st day of December following the date of issuance. (Added by Ord. 777, adopted 12-11-84; amended by Ord. 873, adopted 1-10-89; amended by Ord. 05-1174, adopted 6-14-05)

A person shall not knowingly turn in a false alarm. This section does not prohibit a test of an alarm system if permitted in advance by the Police Department. (Added by Ord. 777, adopted 12-11-84)

After any false alarm, the alarm subscriber shall, upon request by the Police Department, submit a written report to the Police Department describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within 10 days of the date of request by the Police Department.

(Added by Ord. 777, adopted 12-11-84)

An alarm subscriber shall not operate an alarm system which generates more than three false alarms in any 12 month period. Multiple activations of an alarm system within a 24 hour period shall count as only one false alarm for the purpose of this chapter if the multiple activations are a result of mechanical defects in the system and the alarm subscriber submits written confirmation that the mechanical defect has been repaired or replaced within 10 days of the activations. (Added by Ord. 777, adopted 12-11-84)

If the Police Department determines that a false alarm has occurred, the police officer who responded to the alarm shall leave at the premises of the alarm subscriber a notice which shall include the date and time of the response and a statement that the responding officer determined that the alarm was a false alarm, and the alarm subscriber should take action to correct the causative problems with the alarm system, and a warning that four false alarms in any 12 month period shall result in a suspension of the permit. A copy of this notice shall be delivered to the issuing authority and filed with the alarm owner's permit. (Added by Ord. 777, adopted 12-11-84)

An alarm system permit may be suspended by the Chief of Police for any of the following reasons:

• (a) For the failure to observe any of the regulations or other provisions of this chapter;

• (b) If the alarm system for which the alarm system permit is issued emits more than three false alarms during any consecutive 365 day period;

• (c) Where the applicant or permittee, 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 to be filed with any City agency;

• (d) Where the applicant or permittee has had a similar type permit previously revoked for good cause within the past six months, unless the applicant can show a material change in circumstances since the date of revocation;

(e) Any false alarm indicating a violation of California Penal Code Section 211. (Added by Ord. 777, adopted 12-11-84)

An alarm system permit may be revoked by the Chief of Police for any of the following reasons:

• (a) For the failure to observe any of the regulations or other provisions of this chapter;

• (b) If the alarm system for which an alarm system permit has been reinstated is suspended again within 12 months of the date the permit was reinstated;

• (c) Where the applicant or permittee, 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 to be filed with any City agency;

• (d) Where the applicant or permittee has had a similar type permit previously revoked for good cause within the past six months, unless the applicant can show a material change in circumstances since the date of revocation;

• (e) Any false alarm indicating a violation of California Penal Code Section 211.

(Added by Ord. 777, adopted 12-11-84)

Any permit issued hereunder may be suspended or revoked by the Chief of Police on the grounds listed above.

(Added by Ord. 777, adopted 12-11-84)

The Police Department shall give written notice to the permittee and any alarm business indicated on the permit issued pursuant to this chapter, within 72 hours after the second false alarm within a consecutive 12 month period, advising of the possible suspension of the permit pursuant to this chapter.

(Added by Ord. 777, adopted 12-11-84)

Upon evidence that any provision of this chapter has been violated, the Chief of Police may suspend an alarm permit for a period of 10 days upon giving notice thereof to the permittee, during which time such alarm system shall not be used.

Failure or refusal by permittee to correct any condition in violation of the provisions of this chapter within the 10-day suspension period may result in revocation of the alarm system permit, as provided hereinafter. Within the 10-day period, the alarm subscriber shall submit a written report to the Chief of Police of the City, describing the causes of the false alarms and further describing the action that has been taken to terminate the causes of the false alarms of the system. Failure to provide the report and evidence of corrective action shall result in revocation of the alarm permit.

(Added by Ord. 777, adopted 12-11-84)

Upon providing proof satisfactory to the Chief of Police, and after the expiration of at least 10 days from notice of suspension, subscriber may apply to the Finance Manager to have the permit issued hereunder reinstated upon completion of the appropriate forms and payment of a reinstatement fee. The fee for a reinstated alarm system permit shall be in an amount established by City Council resolution. The fee shall help defray the additional costs of investigation of compliance for reinstatement after suspension. The Police Chief may designate an agent to inspect the premises on which the alarm system is installed. Reinstatement shall be at the discretion of the Chief of Police, and denial of reinstatement shall commence the procedures within this chapter for permit revocation. Upon reinstatement of the alarm permit, there shall commence a new consecutive 12-month period under the procedures set forth herein. (Added by Ord. 777, adopted 12-11-84; amended by Ord. 873, adopted 1-10-89)

If an alarm permit is suspended within 12 months of reinstatement as provided herein, such alarm system shall not be used. Written notice of a suspension within 12 months of reinstatement shall be served upon the permittee, and the Chief of Police shall suspend the alarm permit and commence procedures within this chapter for permit revocation.

(Added by Ord. 777, adopted 12-11-84)

• (a) The determination of the Chief of Police with regard to matters of suspension shall be appealable in the time and manner set forth in this chapter.

• (b) The Chief of Police, in the case of permit suspension, shall serve upon the permittee a written order of suspension, which shall be effective immediately.

• (c) Immediately upon such an order becoming effective, the permittee shall discontinue the use of any alarm system requiring police notification or response, including audible alarms, and shall cease all operations conducted under the suspended permit.

• (Added by Ord. 777, adopted 12-11-84)

• (a) When an alarm permit is to be revoked, the Chief of Police shall give the permittee 10 days notice of his intention to do so by written notice. Upon failure of the permittee to file an appeal to the City Manager as provided in this chapter, the permit shall be revoked at the expiration of such 10-day period, and the alarm system shall not be used to require police notification or response (including audible alarms) until a new permit has been issued.

• (b) The fee to issue a permit for any alarm system where the permit has previously been revoked shall be in an amount established by City Council Resolution in addition to the permit fee set forth herein to help defray the administrative and investigative costs associated with examining the premises and the proof of the repair or other corrective action submitted with the application.

• (c) Where an appeal is filed, the order of suspension shall remain in effect until such time as the appeal process is completed.

(Added by Ord. 777, adopted 12-11-84; amended by Ord. 873, adopted 1-10-89)

If any permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the license division of the Finance Manager.

(Added by Ord. 777, adopted 12-11-84)

The United States Government, the State of California, counties, municipal corporations, departments thereof and other governmental entities are exempt from fees required in this chapter, but the entities shall be subject to obtaining permits and enforcement for false alarm violations of this chapter.

(Added by Ord. 777, adopted 12-11-84)

If any permittee is aggrieved by any action of the City pursuant to the provisions of this chapter, the applicant may appeal to the City Manager by filing with the City Manager a notice of appeal, setting forth the facts and circumstances regarding the appeal. The notice of appeal shall be filed not later than 10 days after service of a notice of revocation. The City Manager shall, within 15 days of the date on which the appeal is filed, hold a hearing, consider all relevant evidence, make findings and determine the merits of the appeal. The City Manager may affirm, overrule or modify the action, and the decision of the City Manager, or his duly authorized representative shall be final.

(Added by Ord. 777, adopted 12-11-84)

• (a) A 30 day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system, before the false alarm provisions of this chapter shall be applicable to such system, if the permittee shows that any false alarm was the result of conditions beyond his control and not the result of negligence on his part or that of his employees, provided, further, that the permittee can demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect. In such case, the alarm shall not be deemed a "false alarm" within the meaning of this chapter.

• (b) The alarm subscriber shall contest the determination of a false alarm or corresponding fee by filing a notice of appeal, setting forth the facts and circumstances regarding the appeal, with the Chief of Police within five calendar days of notification of the false alarm by the responding police officer or notification of permit suspension or revocation. The Chief of Police (or designee) shall hold a hearing, consider all relevant evidence, make appropriate findings based upon the evidence presented at the hearing, and determine the merits on appeal. The alarm subscriber shall have the burden of proving by a preponderance of the evidence that the alarm was not false. The Chief of Police (or designee) may affirm, overrule, or modify the action being appealed, and the determination of the Chief of Police shall be final. Failure of an alarm subscriber to contest a false alarm determination shall result in the determination being final and binding, and such determination shall not be subject to challenge in any other proceeding (including any suspension or revocation proceeding).

(Added by Ord. 777, adopted 12-11-84; amended by Ord. 25-1530, 7/8/2025)

No alarm issued under the provisions of this chapter shall be assignable or transferable. (Added by Ord. 777, adopted 12-11-84)

• (a) The premises shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible.

• (b) The permittee or the permittee's designee shall respond to a premises following activation of an alarm constituting part of an alarm system for which a permit at that location has been issued hereunder. The response shall be made within a reasonable time and, in any event, within one hour after being requested to do so by the Police Department.

• (Added by Ord. 777, adopted 12-11-84)

• (a) No person shall operate or use any alarm system that emits a sound similar to that of an emergency vehicle siren or a civil defense warning system.

• (b) No person shall operate or use an alarm designed to report a violation of Penal Code Section 211 for any purpose other than reporting robberies or other crimes involving potential serious bodily injury or death.

(c) No person shall operate or use an alarm system for any purpose other than detecting and reporting an unauthorized entry upon the premises protected by such system. (Added by Ord. 777, adopted 12-11-84)

Every alarm subscriber who maintains or owns an alarm system within the City, and is required to obtain a permit under the terms and conditions of this chapter, shall maintain during all times that the alarm system is operative, a repair and maintenance agreement that will permit repairs or service to the alarm system to be effectuated during any hour of the day or night. It shall be the responsibility of the alarm subscriber, prior to use of the alarm system in the City, to provide the Police Department on the permit application with the name and 24 hour emergency telephone number of the person or alarm business to be notified under this agreement. (Added by Ord. 777, adopted 12-11-84)

Any person who, on the effective date of the ordinance codified in this chapter, possesses, has installed, or uses an alarm system which requires a permit under the provisions hereof, shall apply for a permit, as provided herein, within 90 days after the effective date of this chapter. (Added by Ord. 777, adopted 12-11-84)

The Police Department is directed to administer and enforce the provisions of this chapter. (Added by Ord. 777, adopted 12-11-84)

• (a) Any person who violates or willfully fails to comply with sections in this chapter is guilty of an infraction except where expressly provided, and upon conviction thereof, shall be punished by a fine not to exceed one hundred and no/100ths dollars ($100.00), and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

• (b) Any person violating any of the provisions of this chapter who has previously been found guilty of an infraction under this chapter for violation of the same section within the past 12 month period, may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred and no/100ths dollars ($500.00), or by imprisonment for a period not to exceed six months, or both such fine and imprisonment.

(Added by Ord. 777, adopted 12-11-84)

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. (Added by Ord. 777, adopted 12-11-84)

The conviction or punishment of any person for violation of the provisions of this chapter, or for failing to secure a permit as required by this chapter, shall not relieve the person from paying the permit fee due and unpaid at the time of the conviction, nor shall payment of any permit fee 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 City 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 shall be deemed a debt to the City. Any action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days after they are due and payable, and delinquent permit fees shall incur an additional assessment equal to 50% of the applicable permit fee for issuance of the permit.

(Added by Ord. 777, adopted 12-11-84)

• (a) If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portions thereof, and amendments thereto, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions or amendments be declared invalid or unconstitutional.

• (b) Neither the adoption of this chapter nor the repeal of any ordinance shall in any manner affect the prosecution for violation of ordinances which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Added by Ord. 777, adopted 12-11-84)