Fullerton Municipal Code Ch. 3.51 Burglary and Robbery Alarm Systems

(A) The purpose of this chapter is to protect the emergency services of the city from misuse and recover cost incurred by the city responding to false alarms.

(B) This chapter governs burglary and robbery alarm systems, requires permits, establishes fees, provides for allocation of revenues and deficits, provides for revocation of permit, provides for punishment of violations and establishes a system of administration.

(Ord. 2174, passed - -1977; Ord. 2829, passed - -1992)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALARM BUSINESS. The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, 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.

ALARM, FALSE. An alarm signal, eliciting a response by police when a situation requiring a response by the police does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

ALARM SYSTEM. Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police are expected to respond.

ALARM SYSTEM, BURGLARY. An alarm system signaling an entry or attempted entry into the area protected by the system.

ALARM SYSTEM, ROBBERY. An alarm system signaling a robbery or attempted robbery.

ALARM USER. The person, firm, partnership, association, corporation, company, organization or state or subdivision thereof of any kind in control of any building, structure or facility wherein an alarm system is maintained.

AUTOMATIC DIALING DEVICE. A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.

CITY MANAGER. The City Manager or his or her designated representative.

COMMUNICATIONS BUREAU. The city facility used to receive emergency and general information from the public to be dispatched to the respective police units, fire units or other emergency equipment.

COORDINATOR. The individual designated by the Director of Administrative Services to process permits and enforce the provisions of this chapter.

DIRECTOR OF ADMINISTRATIVE SERVICES. The Director of Administrative Services of the city or his or her designated representative.

INTERCONNECT. To connect an alarm system, including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

PERMIT FEES. The fees required for the issuance of permits mandated by this section and which are set, by resolution, by the City Council who may adjust the fees annually based on data provided by the Administrative Services Department.

PRIMARY TRUNK LINE. A telephone line serving the Bureau of Emergency Communications that is designated to receive emergency calls.

(Ord. 2174, passed - -1977; Ord. 2595, passed - -1986; Ord. 2829, passed - -1992; Ord. 2930, passed - -1998)

(A) (1) Every alarm user shall obtain an alarm user’s permit from the Director of Administrative Services for each system from the Coordinator’s office upon the effective date of this chapter or prior to use of an alarm system. Application for a burglary or robbery alarm user’s permit shall be filed with the Coordinator’s office each year.

(2) Each user of a burglary or robbery alarm system shall pay an annual fee of an amount equal to the permit fee required by City Council resolution.

(3) The fee shall be paid to the City Treasurer’s office at the time of filing the application for the alarm user’s permit. Each permit shall bear the signature of the Director of Administrative Services.

(B) A permit year shall begin on the date of original application and issuance of permit. Each permit shall be renewed upon the anniversary date of each permittee.

(C) A charge, as set by separate resolution of the City Council, will be assessed in addition to the fee provided in division (A) above to a user who fails to obtain a permit within 60 days after the effective date of the ordinance codified in this chapter, or who is more than 60 days delinquent in renewing a permit.

(Ord. 2174, passed - -1977; Ord. 2595, passed - -1986; Ord. 2829, passed - -1992; Ord. 2930, passed - -1998; Ord. 3097, passed - -2007)

(A) Notwithstanding any other provisions of this code, every alarm business must obtain and continue to maintain a city business registration certificate pursuant to Chapter 4.06 if it offers any services in the city.

(B) Any alarm business company must notify the Coordinator of any system installations or removals within 30 days of such installation or removal by completing a form provided by the Coordinator.

(C) Any alarm business company must provide the Coordinator with a list of subscribers and service addresses upon submission of an application for or renewal of the business registration certificate.

(Ord. 2930, passed - -1998)

(A) Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on premises located in the city shall furnish the user with instructions that provide information to enable the user to operate the alarm system properly and to obtain service for the alarm system at any time.

(B) Every alarm business described in division (A) above shall notify the alarm user of the city’s requirement to obtain a user permit and shall provide every alarm user with the telephone number and address of the Coordinator.

(C) Standard form user instructions shall be submitted by every alarm business to the Director of Administrative Services within 60 days after the effective date of this chapter or upon application for a city business registration certificate. If he or she reasonable finds such instructions to be incomplete, unclear or inadequate, he or she may require the alarm business to revise the instructions to comply with division (A) above and then to distribute the revised instructions to its alarm user/owner.

(Ord. 2174, passed - -1977; Ord. 2829, passed - -1992; Ord. 2930, passed - -1998)

(A) It is unlawful for any person to program an automatic dialing device to a primary trunk line. It is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within 12 hours of receipt of written notice from the Coordinator that it is so programmed.

(B) Within 60 days after the effective date of this chapter or within 30 days from notification by the Coordinator, all existing automatic dialing devices programmed to select a primary trunk line shall be reprogrammed or disconnected.

(C) It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city. It is unlawful for an alarm user to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the Coordinator that an automatic dialing device is so programmed.

(Ord. 2174, passed - -1977; Ord. 2829, passed - -1992; Ord. 2930, passed - -1998)

(A) Each alarm user will be permitted two false alarms each permit year.

(B) Each alarm user will be assessed a fee for each false alarm beginning with the third false alarm in a permit year. The fee will be based on a fee schedule approved by City Council resolution.

(C) Alarm users who have more than ten false alarms in a permit year may have their permit reviewed by the Director of Administrative Services. The Director of Administrative Services may revoke their permit or impose reasonable restrictions and conditions upon the user if he or she deems necessary. Notification of any action by the Director of Administrative Services will be by certified mail to the permit holder.

(D) Alarm users may submit a written request for a hearing to the Coordinator to protest fees charged for false alarms or action taken by the Director of Administrative Services to impose restrictions and conditions or the revocation of a permit. Request for appeal hearings must be received within ten days of the date of notification of action taken by the Director of Administrative Services.

(E) The hearing shall be before the City Manager, and the alarm user shall have the right to present written and oral evidence, subject to the right of cross-examination. The City Manager shall issue written findings in regards to the hearing results within ten days from the date of the hearing.

(F) Preliminary notice of a false alarm activation and response by the Police Department will be made in the form of a “Notice of False Alarm” form left by the police officers who responded to the business or residence. The notice form will be left on the premises in a conspicuous location or presented to any employees or residents present at the location. No other formal notice is required prior to billing the permit holder for false alarm response fees outlined in the chapter.

(Ord. 2174, passed - -1977; Ord. 2303, passed - -1980; Ord. 2829, passed - -1992; Ord. 2930, passed - -1998)

All fees, fines and forfeitures of bail collected pursuant to this chapter shall be General Fund revenue of the city. The city shall maintain records sufficient to identify the sources and amounts of that revenue.

(Ord. 2174, passed - -1977; Ord. 2829, passed - -1992)

This chapter shall be liberally construed to effect the uniformity of regulation of the burglary and robbery alarm systems between the county and the city and to achieve uniform interpretation and application of the provisions of this chapter.

(Ord. 2174, passed - -1977; Ord. 2829, passed - -1992)

Enforcement of this chapter may be by civil action as provided in § 1.08.040, or by criminal prosecution as provided in § 1.08.010.

(Ord. 2174, passed - -1977; Ord. 2829, passed - -1992)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992; Ord. 2829, passed - -1992)