Fresno County Municipal Code Ch. 10.52 Burglary and Robbery Alarm Ordinance

The board of supervisors of the county finds and declares that:

A. The frequency of falsely activated or defective security alarm systems have resulted in a critical drain upon the services and resources of the county sheriff's department; and

B. The regulation of security alarm systems will ensure the maximum use of law enforcement agencies in the detection and prevention of crime in the county.

(Ord. 0-81-020, § 1, 1981)

The following words used in this chapter shall have the meanings ascribed to them as defined herein:

A. "Alarm agent" means a person employed by an alarm company operator whose duties include altering, installing, maintaining, moving, repairing, replacing, or servicing an alarm system.

B. "Alarm company operator" means and includes any business operated for any consideration whatsoever, engaged in the installation, maintenance, alteration, or servicing of alarm systems or which responds to such alarm systems. Alarm company operator does not include a business which merely sells from a fixed location or manufactures alarm systems unless such business services, installs, monitors or responds to alarm systems at the protected premises.

C. "Alarm system" means any assembly of equipment and devices arranged to signal the presence of a hazard and which is intended to evoke a response from law enforcement agencies. The term "alarm system" includes:

1. Audible Alarm System. An "audible alarm system" means an alarm system which emits a sound which can be heard by persons outside the building, structure, or facility which is protected by such alarm system.

2. Inaudible or Silent Alarm System. An "inaudible or silent alarm system" means an alarm which transmits a message or signal to another location and is intended to evoke a response from law enforcement agencies.

3. Burglar Alarm System. "Burglar alarm system" means an audible or silent alarm system signalling the entry or attempted entry into an area protected by the system.

4. Direct Dial Device Alarm System. A "direct dial device alarm system" means an alarm system used with 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 service.

5. Disturbance Alarm System. "Disturbance alarm system" means an alarm system signalling the existence of an act amounting to a breach of the public peace at the time of activation.

6. Proprietary Alarm System. "Proprietary alarm system" means an alarm system sounding, or recording alarm and supervisory signals at a control center being under the supervision of the proprietor of the protected premises.

7. Robbery Alarm System. "Robbery alarm system" means an alarm system signalling a robbery or attempted robbery in an area protected by the system.

The following are not included within the definition of alarm systems as used in this chapter:

a. Audible alarms affixed to motor vehicles, boats, boats and trailers, recreational vehicles, and other such mobile units;

b. Alarm systems which do not alert law enforcement agencies or others outside the protected building, structure, or facility, but are designed solely to alert security personnel or others directly connected with or employed by the owner or operator of the protected location;

c. Fire alarm systems.

D. "Alarm user" means any person who owns, leases, rents, or otherwise controls the installation, maintenance, or use of an alarm system in any manner in any building, structure, or facility wherein an alarm system is maintained within the county.

E. "False alarm" means the activation of an alarm system by causes other than the commission or attempted commission of an unlawful act for which the alarm system was designed to detect. An alarm system which is activated by an extraordinary act of nature or by other extraordinary circumstances beyond the control of the alarm user shall not be considered a false alarm.

(Ord. 0-81-020, § 1, 1981)

Alarm agents shall register their name and file a copy of their State Identification Card with the sheriff.

(Ord. 0-8l-020 § 1, 1981)

Every alarm company operator or agent performing activities as an alarm company operator or agent within the unincorporated area of the county shall maintain a complete list of the names and addresses of all persons to whom alarm systems have been sold, or for whom service contracts have been executed for all sales or contracts made after January 1, 1982. Such records shall be open for inspection during regular business hours to duly authorized personnel of the sheriff for the purpose of enforcement of this chapter. Records shall be maintained for a period of three years from the date of sale or commencement of the service contract.

(Ord. 0-81-020, § 1, 1981)

Every commercial or residential alarm user who uses an audible alarm system shall post a notice containing (A) the name and telephone number of an alarm business which has agreed in writing to render repairs or service and to secure the premises during any hour of the day or night that the burglar or other alarm system is activated, or (B) the names and telephone numbers of at least two persons to respond to the location upon request by the sheriff. Such notice shall be posted in such a manner and in such a location as to be legible to responding law enforcement personnel.

(Ord. 0-81-020, § 1, 1981)

The following acts are prohibited with respect to use of alarm systems and it shall be unlawful:

A. For any person to report, by means of activating an alarm system, to the sheriff, any county officer or employee, or persons contracting with the county to provide emergency services, that an emergency exists, knowing that such report is false. The term "emergency" means any condition which results in, or which could result in, an immediate response by the sheriff, any county officer or employee, or persons contracting with the county to provide emergency services such as ambulance services, or any condition which jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle or any other place which any individual may enter;

B. For any person to possess, install, maintain, or activate within the boundaries described in Section 10.44.030 an audible alarm system which, when activated, emits a sound similar to that of an emergency vehicle siren or a civil defense warning system. Possession, or activation, of such an audible alarm system, is declared to be a public nuisance and may be abated as provided in Section 10.52.080;

C. For any person to utilize or otherwise employ a direct dial device alarm system which automatically dials any telephone number at any office of the county sheriff's department.

(Ord. 0-81-020, § 1, 1981)

The board of supervisors declares and finds that three or more false alarms within a thirty-day period, five or more false alarms within a ninety-day period, or seven or more false alarms within a one-hundred-eighty-day period, whichever occurs earliest, shall constitute a public nuisance and a hazard to the health, safety, public peace and welfare of the residents of the county for the following reasons:

A. False alarms constitute a danger to life and property in that the ability of law enforcement to respond to actual crimes is diminished by such false alarms.

B. Law enforcement personnel and equipment, as well as innocent citizens, may be severely harmed or injured, or run the risk thereof, as the result of law enforcement responding to a robbery, burglary, or other such alarm activated to evolve emergency response from law enforcement personnel.

C. False alarms which are audible and which are activated without just cause disturb the peace and tranquility of urban and suburban neighborhoods in derogation of individual rights of quiet use and enjoyment of residential dwellings.

(Ord. 0-81-020, § 1, 1981)

Public nuisances as defined in subsection B of Section 10.52.060 and Section 10.52.070 may be abated as provided in Section 3491 of the Civil Code and Section 731 of the Code of Civil Procedure. In addition, the sheriff may summarily abate audible false alarms where:

A. Reasonably necessary to protect the health, safety, public peace, and welfare of the residents within the county;

B. After taking reasonable measures to contact any responsible party to terminate an audible alarm system; and

C. After the system has continued unabated in excess of one hour or is ascertained to have no automatic shutoff alarm device.

(Ord. 0-81-020, § 1, 1981)

The cost of abatement of a public nuisance as defined herein shall be borne by the person, or persons, responsible for maintaining the nuisance. The cost may be collected and apportioned by levying a special assessment against the parcel of land of the person, or persons, maintaining or otherwise responsible for maintaining a public nuisance.

The procedures for levying the special assessment shall follow the format set forth in Chapter 14.16 of this code.

(Ord. 0-81-020, § 1, 1981)

The sheriff is designated the chief enforcing officer of this chapter and shall conduct premises inspections as necessary to insure compliance with this chapter pursuant to the right of entry for such inspections as specified in Chapter 1.08 of Title 1 of this code and Code of Civil Procedure Sections 1822.5, et seq.

(Ord. 0-81-020, § 1, 1981)

Any violation of the provisions of this chapter shall constitute an infraction as provided in Chapter 1.12 of Title 1 of this code.

(Ord. 0-81-020, § 1, 1981)