Article IV — BURGLARY, ROBBERY, AND PANIC ALARMS (VERIFIED BURGLARY AND FRAUDULENT…

Editor's note— Ord. No. 1624, § 1, adopted September 22, 2010, amended article IV in its entirety to read as herein set out. Formerly, article IV pertained to false alarms, and derived from the Ord. No. 1580, § 1, adopted Sept. 9, 2008.

Cross reference— Licenses, permits and business regulations, ch. 15.

(a)

This article shall be known as the burglary alarm ordinance and may be cited as such. The purpose of the burglary alarm ordinance is to regulate alarm system users, alarm systems, and alarm company operators so that scarce police resources can be deployed in the best manner possible by responding only to burglary alarms if they are verified, as provided for herein, thereby reducing the amount of police resources consumed in responding to unverified burglary alarms, and in order to minimize the occurrence of fraudulent verification of burglary alarm activations within the City of Fontana. This article supersedes and completely replaces existing Ordinance 1580.

(b)

A violation of any provision of this article, except for the commission of five or fewer prohibited calls in a 12-month period, shall be deemed an infraction or a misdemeanor, in the city attorney's discretion, and shall be punished as provided in Section 1-7 of the Fontana Municipal Code. Each day, or portion thereof, during which the violation of any provision of this article is maintained or continued shall be deemed a separate and distinct violation. A violation of any provision of this article, except for the commission of five or fewer prohibited calls in a 12-month period, shall constitute a nuisance.

(Ord. No. 1624, § 1, 9-22-10)

Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter:

Alarm system or alarm device means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm company operator, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm company operator via telephonic, wireless, electronic, video, or other form of message. Non-monitored alarm systems are also included in this definition.

Alarm business permit means the type of business license required of an alarm company operator, as specified in section 22-120 of this article.

Alarm company operator means any person, individual, partnership, corporation, or other form of association that engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service intrusion, property, burglary, robbery, panic alarms, or other "alarm systems" located in the City of Fontana. This includes alarm company operators that are located outside the city limits of Fontana and which monitor alarms installed within the city limits of Fontana. Neither the City of Fontana nor the police department is an alarm company operator.

Alarm system user means the person having or maintaining a property, intrusion, burglary, robbery, panic, or other alarm system.

Burglary alarm. See "Property alarm."

CAC Act means the California Alarm Company Act, Business & Professions Code §§ 7590, et seq.

Chief of police means the Chief of the Fontana Police Department, or his or her designee.

Department shall mean the Finance and Administrative Services Department of the City of Fontana.

Director shall mean the management services director, or his or her designee.

Fraudulent verification means the reporting of a burglary alarm to the police department, for the purpose of obtaining a police response to the alarm, knowing that the alarm is not a verified alarm.

Fire alarm means a signal initiated by a device such as a manual fire alarm box, automatic fire detector, waterflow switch, smoke detector, or other device which, when activated, is indicative of the presence of a fire or fire signature. Fire alarms shall be exempt from the provisions of this chapter.

Intrusion alarm. See "Property alarm."

Monitored alarm system means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message or communication to a private monitoring company, other number, or person who can then notify police that an alarm has been activated. This includes all systems, which transmit telephonic, wireless, electronic, video, or other form of message from an alarm installed within the city limits of Fontana to any location outside of Fontana (e.g., an alarm monitoring center located in a state other than California). All alarms that are monitored, except fire alarms, are included within the definition of "monitored alarm system"; e.g., any monitored burglary, intrusion, panic, premises, property, robbery, or other type of alarm device.

Non-monitored alarm system means any alarm system that emits an audible or visible signal that can be heard or seen by persons outside the protected premises but which is not monitored by an alarm company operator.

Panic alarm. See "Robbery alarm."

Person means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of California, and any political subdivision or municipal corporation thereof.

Police department or police means the Fontana Police Department, and includes other law enforcement agencies assisting the Fontana Police Department.

Premises or protected premises means any area and any portion of any area protected by an alarm system.

Prohibited call means a call to police dispatch by an alarm company operator employee or agent requesting police response to a property alarm, intrusion alarm, or burglary alarm activation that is not verified, whether canceled after the initial call or not.

Property alarm, intrusion alarm, and burglary alarm mean any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors and, when activated, transmits a telephonic, wireless, electronic, video, or other form of message, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises. For purposes of this article, alarms on automatic teller machines (ATMs) are included in this definition.

Responder means a private guard, alarm company guard, private entity, or person contacted by an alarm company operator, or any other person, who verifies that there is evidence of intrusion, commission of an unlawful act, or emergency on the premises that would warrant a call for police assistance or investigation for a property, intrusion, or burglary alarm. Responders for alarm company operators requesting police response will notify the police dispatcher what alarm company operator requested them to respond. Responders will meet police at the premises, unless the responder verified the burglary alarm by other than at-the-site verification.

Robbery alarm and panic alarm mean any system, device, or mechanism, manually activated by an individual on or near the premises, to alert others that a robbery or any other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:

(1)

The system is installed on real property (the "protected premises");

(2)

It is designed to be manually activated by an individual for the purpose of summoning assistance to the premises,

(3)

It transmits a telephonic, wireless, electronic, video, or other form of message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the protected premises.

Verified alarm means an alarm which a responder has verified that a crime, attempted crime, or other emergency occurring at the premises protected by the alarm is occurring or about to occur. Verification may be by:

(1)

At-the-site verification,

(2)

Through the use of a remote audio or video system monitored by an alarm company operator,

(3)

For a commercial alarm system, separate alarm activations monitored by an alarm company operator from the same premises within a ten minute period, which activations are triggered from separate devices, and must be two distinct activations,

(4)

For a residential alarm system, two separate alarm activations monitored by an alarm company operator from the same premises within a ten minute period, which activations are triggered from the same or different motion sensors, and

(5)

Any other form of verification as may from time to time be adopted as policy by the police department and published on its website.

Verification by methods (3) and (4) above will constitute verification only if there are no more than three such verifications in any six-month period of time as to the same premises, unless the alarm company operator forwarding such activations to the police department is able to demonstrate to the reasonable satisfaction of the police department that the verification(s) by method (3) or (4) was the result of an actual or attempted burglary.

(Ord. No. 1624, § 1, 9-22-10)

(a)

No person shall operate or use an alarm system that emits an audible sound where such emission does not automatically cease within ten minutes.

(b)

No person shall operate or use an alarm system, which automatically dials the Fontana Police Department directly and delivers a prerecorded message.

(Ord. No. 1624, § 1, 9-22-10)

(a)

The police department will not respond to property alarms, intrusion alarms or burglary alarms unless they are verified alarms as defined by this article. In reporting such an alarm to the police department, an alarm company operator must confirm that the alarm is a verified alarm. In the first instance, it shall be presumed that an alarm company operator who reports an alarm as a verified alarm has actually verified that alarm. Even if an alarm is verified, exigent circumstances may arise that prevent the police department from responding to verified alarm activations due to the availability of resources. The police department is under no legal duty or obligation whatsoever to respond to any property alarm, intrusion alarm or burglary alarm activation and may respond, in its discretion, as police resources allow and as police department supervision and management deem appropriate.

(b)

An alarm company operator who reports a verified burglary alarm to the police department is required to maintain the evidence it used to verify that the burglary alarm activation, or a written report thereof, for not less than 12 months from the date of the alarm activation, except as to recordings of remote audio or video surveillance, which must be maintained for not less than 60 days. Because the police department will accept the alarm company operator's representation in the first instance that it verified the alarm before reporting it to the police department as a verified alarm, the police department shall have the right to audit the alarm company operator to ensure that the alarm company operator is not misrepresenting that fact to the police department. If the police department has probable cause to believe that an alarm company operator has misrepresented an unverified alarm to be a verified burglary alarm, it may send the alarm company operator written notice of the date and time of the reported verified burglary alarm and request the alarm company operator produce to the police department the evidence and/or report substantiating the verification of that burglary alarm activation. The alarm company operator shall produce the requested items to the police department within 14 days of the mailing of notice. Should the alarm company operator fail to maintain the evidence and/or report for the specified period of time or fail to produce the requested items to the police department, the alarm company operator will not be entitled to the presumption set forth in section 22-119(a). Should the alarm company operator intentionally destroy, fail to maintain for the time period specified above, or discard the evidence and/or report, or intentionally fail to produce the requested items to the police department that have been maintained and do exist, then and in that event the alarm company operator shall be presumed to have made a fraudulent verification. Such presumption may be overcome by the alarm company operator producing evidence that in requesting a police response to the burglary alarm in issue, it did not know that the alarm was unverified.

(c)

Police department response to robbery alarms, panic alarms and medic alarms does not require a prior verified response. Exigent circumstances may arise, however that prevent the police department from responding to robbery, panic, and medic alarm activations due to the availability of resources. The police department is under no legal duty or obligation whatsoever to respond to any robbery alarm, panic alarm or medic alarm activation and may respond, in its discretion, as police resources allow and as police department supervision and management deem appropriate.

(Ord. No. 1624, § 1, 9-22-10)

(a)

Any alarm company operator is required to maintain a valid City of Fontana business license by way of a valid alarm business permit in order to install, maintain, alter, sell on premises, monitor, or service alarm systems within the City of Fontana.

(b)

Operation without a valid alarm business permit shall constitute an infraction or a misdemeanor in the city attorney's discretion, and shall be punished as provided in Fontana Municipal Code Section 1-7. Each day during which the violation is maintained or continued shall be deemed a separate violation. Operation without a valid alarm business permit is a nuisance and may also result in civil action against those companies continuing to operate without a valid City of Fontana business license by way of a valid alarm business permit.

(c)

A valid alarm business permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 22-124 of this article. Issuance of a valid alarm business permit does not create any property right in that permit.

(Ord. No. 1624, § 1, 9-22-10)

Any alarm company operator shall, as provided in Fontana's Municipal Code, apply to the police department for, obtain, pay a fee for a valid alarm business permit and renewals thereof. The fees for such an alarm business permit and renewals thereof shall be in an amount established by resolution of the city council. The application form for such an alarm business permit or renewal thereof shall be the same as the application form for a business license or renewal from the City of Fontana. An alarm company operator must list "alarm company operator" as the nature of the business on the application form, and a copy of their state-issued CAC Act identification card.

(Ord. No. 1624, § 1, 9-22-10)

Under this article an alarm company operator shall not be required to apply for, obtain, or pay a fee for a business license other than by way of an alarm business permit as set forth in sections 22-120 and 22-121 of this article. Under this article an alarm company operator whether located within or outside the City of Fontana, will not be subject to or required to pay any sales or revenue tax to the City of Fontana.

(Ord. No. 1624, § 1, 9-22-10)

To the extent the Fontana Municipal Code requires that a licensee with a business license from the City of Fontana provide updated information as to the business license, an alarm company operator shall provide such updated information to the police department for its alarm business permit.

(Ord. No. 1624, § 1, 9-22-10)

The chief of police may suspend or revoke, in his or her discretion, an alarm company operator's alarm business permit based upon any of the following grounds:

(1)

Any false or incomplete statement made on the application for the alarm business permit or renewal of same.

(2)

Programming of an automatic dialer to select any City of Fontana telephone line.

(3)

Failure to provide current information as required in section 22-123.

(4)

Failure of an alarm company operator employee to identify him/herself by operator number, company name, address and phone number at the request of a Fontana Police dispatcher as required in section 22-127.

(5)

Failure to remit payment of the alarm business permit application or renewal fee, or failure to remit payment of administrative fines or penalties in accordance with section 22-128.

(6)

The criminal conviction of an owner, principal, officer or operator of an alarm company operator for any felony whatsoever, or any misdemeanor offense involving moral turpitude.

(7)

The suspension or revocation of the California license issued under the CAC Act.

(8)

Violation of this article.

The chief of police's decision to either suspend or revoke the alarm business permit shall be based upon the severity of the violation, including, but not limited to, consideration of the following factors:

(1)

The materiality and nature of any false or incomplete statement made on the alarm business permit application or alarm business permit renewal application;

(2)

The number and severity of any prior instances of failure to comply with this article;

(3)

The amount of fees, administrative fines or penalties owed and unpaid by the alarm company operator;

(4)

The nature of the criminal conviction of an owner, principal, officer or operator of an alarm company operator.

If the chief of police determines that there is cause for the suspension or revocation of a permit, he shall mail a notice of suspension or revocation to the principal of the alarm company operator, as provided on the alarm business permit, stating that the suspension or revocation will be effective 30 days after the date of mailing, unless a notice of appeal is filed with the city clerk on or before the effective date.

Alarm company operators operating an alarm system after the alarm business permit has been suspended or revoked shall be guilty of an infraction or misdemeanor in the city attorney's discretion, and shall be punished as provided in Fontana Municipal Code Section 1-7. Each day during which the violation is maintained or continued shall be deemed a separate violation.

(Ord. No. 1624, § 1, 9-22-10)

Any person aggrieved by the action of the chief of police in suspending or revoking an alarm business permit under this article may, within ten days after such action, appeal to the city by filing written notice with the city clerk. The deputy city manager of administration or his/her designee shall then conduct a hearing and make an independent and de novo review of the determination or decision of the chief of police in the matter appealed from and may approve, disapprove or modify such determination or decision. Such hearing shall be conducted no later than 30 days after the date of the filing of the appeal, unless both the chief of police and appellant agree in writing that the hearing officer may decide the matter at a later date, not to exceed 90 days from the date of the filing of the written notice of appeal with the city clerk. Unless in conflict with the provisions of this article, the provisions and procedures or appeal of administrative citations found in article XI, section 2-444 through 2-446, of the Fontana Municipal Code (addressing conduct of administrative hearings, administrative hearing officer and decisions, and judicial reviews) shall apply to appeals of orders suspending or revoking alarm business permits. If an appeal is timely filed, the suspension or revocation shall be stayed until the hearing officer issues the final decision on the appeal.

(Ord. No. 1624, § 1, 9-22-10)

An alarm company operator whose alarm business permit has been suspended may have its alarm business permit reinstated upon proof, to the satisfaction of the chief of police, that the grounds for suspension no longer exist and upon payment of a reinstatement fee in an amount that shall be established by resolution of the city council.

(Ord. No. 1624, § 1, 9-22-10)

(a)

Fraudulent verification administrative fine. An alarm company operator shall pay to the City of Fontana, within 30 days of the invoice, an administrative fine for each fraudulent verification. The amount of the administrative fine shall be $200.00 per each fraudulent verification.

(b)

Prohibited call administrative fine. An alarm company operator shall pay to the City of Fontana, within 30 days of the invoice, an administrative fine for each prohibited call. The amount of the prohibited call administrative fine shall be $150.00 per prohibited call. However, such a citation shall be expunged if within 14 days of the date of the invoice the alarm company operator presents to the police department a call log or other evidence establishing that the alarm company operator made the call in question to a law enforcement agency other than the Fontana Police Department and the other agency transferred the call to the Fontana Police Department.

(c)

The failure of an alarm company operator employee to identify him/herself by operator number, company name, address and phone number at the request of a Fontana Police dispatcher may result in the suspension or revocation of the alarm company operator's alarm business permit.

(d)

The fraudulent verification and prohibited call administrative fines are cumulative and not exclusive, with the exception that the first five prohibited call administrative fines in a twelve-month period are cumulative and exclusive. The amount of the fraudulent verification and prohibited call administrative fines may be amended by resolution of the city council.

(Ord. No. 1624, § 1, 9-22-10)

(a)

Payment of any administrative fine under this article is due within 30 days from the invoice date or within an extension of time granted by the director. If payment is received between one and 30 days after the date it became due, there shall be added to the amount a penalty of ten percent of the fines owing. If payment is later than 30 days after the date due, a penalty of 20 percent of the fines shall be assessed. If payment is not received within 60 days of the date due, then interest shall accrue on the unpaid fines and penalties at one percent per month until paid in full.

(b)

The permittee shall be notified by mail of the amount of any penalties so added or assessed, and the same shall become due and shall be paid within ten days from the date of such notice.

(c)

If any administrative fines or penalties remain unpaid after 60 days from the invoice date, the City of Fontana business license required to operate as an alarm company operator in the City of Fontana may be suspended or revoked.

(Ord. No. 1624, § 1, 9-22-10)

(a)

The manner of assessing administrative fines and penalties and methods to appeal such fines and penalties shall comply with all the procedures specified in article XI of chapter 2 of the Fontana Municipal Code, unless in conflict with the provisions of this article.

(b)

A separate written request for an administrative hearing must be filed for each administrative fine assessed and any associated penalties. Multiple administrative fines and penalties, even if assessed against the same alarm company operator or alarm system user, cannot be appealed on a single request for hearing. Such written request must be received by the city clerk not later than 14 calendar days from the date of the invoice. The timely appeal of a late-payment penalty under this article shall not revive a time-barred challenge to the underlying administrative fine.

(c)

Within ten days of the filing of a request for an administrative hearing, the city clerk shall give notice to the requesting party of the date, time and place of the hearing. The hearing shall be set on a date that is no less than ten days and no more than 60 days after the date of the notice.

(d)

A request for an administrative hearing must be accompanied by a deposit in the amount of the administrative fine and any associated penalties. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit required by this section. Should the requesting party prevail on appeal, said amount will be refunded within ten days of the date of decision.

(e)

The hearing officer on all appeals of administrative fines assessed pursuant to this article and any associated penalties shall be the deputy city manager of administration or his or her designee. A representative for the alarm company operator that has been assessed the fine and any associated penalty, or the alarm system user who has been assessed the fine and any associated penalty, must appear at the administrative hearing. The failure of the alarm company operator representative or alarm system user to appear at the administrative hearing shall constitute a waiver of the right to a hearing on the citation and any defenses to the citation that the alarm company operator or alarm system user may have had, and the alarm company operators or alarm system user's deposit shall be forfeited without further action. A failure to appear at the administrative hearing shall also constitute a failure to exhaust administrative remedies.

(f)

The remedies set forth in this article are non-exclusive and the city may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this article.

(Ord. No. 1624, § 1, 9-22-10)

Any notice required by this article to be mailed shall be sent by ordinary mail, addressed to the address as reflected in the records of the director. Failure to receive such notice shall not relieve the obligation to pay any fee, interest, or penalty, nor shall such failure extend any time limit. It is the responsibility of the alarm company operator to inform the director in writing about a change in address.

(Ord. No. 1624, § 1, 9-22-10)

Nothing in this article imposes or creates any express or implied duties or obligations on the part of the city, its police department or any other governmental agency. Nothing in this article creates any express or implied duty or obligation for the police department to respond to an alarm activation of any sort, whether verified or not. Any and all liability or consequential damage resulting from the failure to respond to an alarm activation of any sort is hereby disclaimed and governmental immunity as provided by law is retained by the city.

(Ord. No. 1624, § 1, 9-22-10)

The chief of police shall have broad discretion to promulgate, execute and enforce policies, procedures and directives as may in his discretion be necessary to implement the provisions of this article. Such powers shall include, but are not limited to, the power to promulgate, execute and enforce a policy regarding dispatch of officers to verified and unverified alarm activations that are not inconsistent with the provisions of this article.

(Ord. No. 1624, § 1, 9-22-10)