Duarte Municipal Code Ch. 9.05 Burglar and Robbery Alarms

The city council finds:

(a) The majority of burglar and holdup alarms to which law enforcement responds are false. Such false alarms result in an enormous waste of manpower. That there are such a large percentage of false alarms as may lull law enforcement officers into a sense of false security. In responding to an alarm, they will probably assume it is a false alarm and may be wounded or killed by criminals at the location.

(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 is unnecessary and hazardous.

(d) The unnecessary waste of tax dollars through responses to false alarms must be eliminated.

(e) False burglar and holdup alarms have created conditions causing danger and annoyance to the general public.

(Ord. 457 § 1 (part), 1979)

As used in this chapter, the words defined in Sections 9.05.030 through 9.05.070 are used as so defined unless it is apparent from the context that a different meaning is intended.

(Ord. 457 § 1 (part), 1979)

"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 an 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 only, are supervised by the proprietor of the premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition.

(Ord. 457 § 1 (part), 1979)

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

(Ord. 457 § 1 (part), 1979)

"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. 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. 457 § 1 (part), 1979)

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

(Ord. 457 § 1 (part), 1979)

"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.

(Ord. 457 § 1 (part), 1979)

No person shall use any alarm system which is equipped with a direct dial device, which when activated automatically dials any telephone number in any office of the sheriff.

(Ord. 457 § 1 (part), 1979)

For every audible alarm, the alarm owner thereof shall post prominently on the exterior of the premises 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.

(Ord. 457 § 1 (part), 1979)

A person shall not knowingly turn in a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the sheriff.

(Ord. 457 § 1 (part), 1979)

After any false alarm, the alarm owner shall, upon request by the sheriff, submit a written report to the sheriff 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.

(Ord. 457 § 1 (part), 1979)

An alarm owner shall not operate an alarm system which generates more than three false alarms in any twelve-month period.

(Ord. 457 § 1 (part), 1979)

The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission.

(Ord. 457 § 1 (part), 1979)

Violation of any of the provisions of this chapter is a misdemeanor.

(Ord. 457 § 1 (part), 1979)

Violations of this chapter may be prosecuted in the same manner as any other misdemeanor. However, upon the first violation of Section 9.05.120, the sheriff shall serve a written notice on the violator describing the violation and specifying that the causes of the violation shall be corrected within ten days of the date of service of the written notice. No further action shall be taken; provided, that the sheriff determines that the causes of the violation have been removed or fully corrected within the time period specified in this section.

(Ord. 457 § 1 (part), 1979)