Hollister Municipal Code Ch. 8.04 Burglar Alarm Systems

The city of Hollister finds and determines that the regulation of false alarms is necessary to promote public health, welfare and safety as well as the necessary reduction of waste of manpower and tax dollars in response to false alarms. The public is using alarms which either are not properly operated by their users or which mechanically malfunction resulting in an increase in false alarm reports thereby constituting a hazard to the safety of peace officers and the public in general.

(Prior code § 10B-1)

For the purpose of this chapter, the following definitions shall apply:

Alarm agent means any person who is self-employed or employed, either directly or indirectly, by an alarm business whose duties include any of the functions of leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises.

Alarm business means any person, firm or corporation engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring an alarm system in or on any building, place or premises specifically excluding retail establishments which sell, as part of their products, components for alarm systems, but which do not offer service, maintenance, repair, alteration, replacement, moving or installation of systems in or on any business, place or premises.

Alarm system means any device, whether known as a burglary, robbery or intrusion alarm, direct dial telephone service, silent or audible 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 or both; and when activated emits a sound or transmits a signal to indicate that an emergency situation exists, and to which police are expected to respond.

Alarm user means any person using an alarm system at his/her place of residence or business, whether it be owned, leased or rented and made available for use by his/her agents, employees, representatives or family.

Audible alarm means a device designed for the detection of an unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which, when activated, generates an audible sound on the premises.

Business means any premises that qualify under nonresidential use.

Direct dial telephone service (automatic dialing device) means any device which is connected to a voice grade telephone line and is programmed to select a predetermined telephone number and transmit, by prerecorded message or code signal, an emergency message indicating a need for emergency procedures.

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 user shall not constitute a false alarm.

Person means an individual, partnership, corporation or entity.

Residential means any premises used as dwelling units and includes apartments and lodging houses.

Silent alarm means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and when activated, transmits a signal or activates a device at a predesignated place other than the location where the alarm has been installed.

(Prior code § 10B-2)

It is unlawful for any person to own, manage, conduct or carry on an alarm business within the city without first having registered with the police department; provided, however, that registration shall not be required for any business which only sells or leases the alarms from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accompanied within 90 days from the effective date of the ordinance codified in this chapter by furnishing such information as may be required by the police department, including, but not limited to, name, address and telephone number of the manager of operations for the area which includes the city and the number of the license issued by the State Director of Consumer Affairs for the alarm business pursuant to Section 7593.8 of the California Business and Professions Code.

(Prior code § 10B-3; Ord. 911, § 2, 1998)

It is unlawful for any person, including the owners of an alarm business, to act as an alarm agent within the city without first having registered his/her name with the police department and file a copy of the alarm agent registration card issued to him/her by the State Director of Consumer Affairs, pursuant to the provisions of Section 7514(g) of the California Business and Professions Code; provided, however, nothing herein shall require a person to so register who is merely a salesperson for any business not required to register under the provisions of Section 8.04.030 if such salesperson does not engage in any other activities related to alarm systems apart from selling; provided, further, nothing herein shall require a person to register in order to install, service, repair, alter or move an alarm system on the premises owned or occupied by the person.

(Prior code § 10B-4)

Any alarm business or alarm agent registered with the police department shall report to the police department, in writing, within five working days, any change of address, ownership, name of business or location of business.

(Prior code § 10B-5)

Every person acting as an alarm agent within the city shall carry on his or her person, at all times while so engaged, a valid state alarm agent's registration card and shall display such card upon request to any peace officer.

(Prior code § 10B-6)

No person shall install or cause to be installed, use, maintain or possess an alarm system at any residence or business premises owned or in the possession or control of such person within the city without having obtained an alarm user's permit from the police department. The application for an alarm user's permit shall be filed with the police department. The police department shall prescribe the form of the application and require such information as is necessary to evaluate and act upon the permit application. The application shall include the address of the premises where the system is or shall be located, the name, address and telephone number of the applicant and the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. The application shall also include a statement that the applicant has posted the house number of the premises prominently on the premises or at the street or roadway in front or next to the driveway of the premises. For those alarm systems already in existence on the effective date of the ordinance codified in this chapter, permits shall be obtained within 90 days of the effective date of the ordinance codified in this chapter.

Every application for an alarm user's permit shall be accompanied by a fee which shall be fixed, from time to time, by the city council by resolution.

A permit may be denied by the police department if the alarm system does not comply with this chapter or the standards adopted under Section 8.04.090.

(Prior code § 10B-7)

Whenever any change occurs relating to the written information required pursuant to Section 8.04.070 the permit holder, shall, within five working days, give written notice of such change to the police department.

(Prior code § 10B-8)

All alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution of the city council of the city of Hollister. Subject to all applicable laws, including, but not limited to, Sections 1822.50, et seq., of the Code of Civil Procedure, the city reserves the right to inspect all alarm systems.

(Prior code § 10B-9)

A. Automatic Deactivation. Audible residential alarms shall be equipped with an automatic shut-off mechanism capable of terminating the audible annunciator after activation with maximum of 15 minutes. Audible commercial alarm systems shall be equipped with an automatic shut-off mechanism capable of terminating the audible annunciator with a maximum of 30 minutes. Those audible alarms installed prior to the effective date of the ordinance codified in this chapter shall comply with the requirements of this section within 90 days of the effective date of the ordinance codified in this chapter.

B. Maintenance Notification. The alarm user shall notify the county communications center prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm. Testing shall be held to the minimum required to ensure proper operation of systems.

C. Power Supply. Any alarm system which is subject to activation upon failure or interruption of normal electricity shall be equipped with an uninterrupted standby power supply. The power supply must be capable of at least four hours of operation.

D. Repairs. When any false alarm caused by a malfunction of an alarm system has occurred, the alarm user shall cause the alarm system to be repaired to eliminate the malfunction. The alarm system annunciator or alarm panel termination shall be disconnected while repairs are made. Upon request by the police department, the alarm user shall provide a written report describing the actions taken or to be taken to eliminate the cause of the false alarm(s). This report shall be submitted within ten days of the date of the request by the police department.

E. Panel Alarm Connections to County Communications Center. Persons seeking alarm connections directly into the county communications center must first obtain the permission of the county communications department.

F. Panic Alarms. After the effective date of the ordinance codified in this chapter, no person shall install a panic alarm system for the purpose of contacting and summoning responses from police units. A panic alarm system is a system which is manually activated and is designed to notify others of an emergency, but which does not identify what type of emergency exists. The police department shall have the right to refuse to respond to panic alarms. The purpose of this subsection is to encourage the public to utilize the 911 enhanced emergency telephone system for reporting emergencies rather than using panic alarm systems.

(Prior code § 10B-10)

A. When any emergency alarms, messages, signals or notices are received by the police department showing that an alarm user has failed to meet any of the requirements of this chapter, the police department is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with the requirements of this chapter.

B. Any person having an alarm system which results in a response by the police department in which the alarm proves to be false, shall be cited and be required to pay a civil penalty assessment fee to the city as follows:

1. If during any three-month period, false alarms exceed one in number a penalty assessment shall be assessed and paid by the alarm user to the city, which penalty assessment shall be fixed, from time to time, by the city council by resolution.

2. More than three alarms during a 12-month period from any alarm system for which an alarm user permit has been obtained shall constitute grounds for revocation of such permit.

3. For a period of six months following the installation of a new alarm system, there shall be no penalty assessment for the first through third false alarms. Fourth and subsequent false alarms during the initial six-month period shall be subject to penalty assessments.

C. An alarm business or alarm agent registered with the police department shall not call the alarm user or customer in advance of the arrival of the responding police unit to an activated alarm until such time as the responding unit clears the call. Any confirmation by telephone shall be made only by the user directly to the police department or county communications center at the direction of the responding unit. A dispatch to an activated alarm shall constitute a response to that alarm regardless of whether the alarm company or alarm agent has called the police department or the communications center to cancel the alarm. Any alarm company or alarm agent who violates the provisions hereof either by calling the alarm user, police department or communications center prior to the arrival and clearing call of the responding unit, shall be liable for $150.00 penalty assessment for each such violation.

(Prior code § 10B-11)

The police department may refuse to respond to any location of an alarm where no permit has been obtained; an alarm user's permit has been suspended or revoked; or for violation of any provisions of this chapter.

Nonresponse to an alarm location shall continue until a permit has been obtained, an alarm user's permit has been reinstated or violation of the provisions of this chapter corrected or eliminated and, if required by the police department, written documentation of the correction or elimination submitted to the police department.

(Prior code § 10B-12)

A. The violation of any provisions of this chapter by the holder of an alarm user's permit shall constitute grounds for the suspension or revocation of the permit by the police department. If an alarm user's permit is to be suspended or revoked, the police department shall give written notification to the permit holder at least 72 hours before the effective hour of the suspension or revocation.

B. An alarm user's permit may be suspended or revoked by the police department if:

1. The alarm user has failed to pay any penalty assessment; or

2. The alarm user has had six penalty assessments in any one-year period; or

3. A person responsible for maintaining or servicing an alarm system refuses to respond to the scene and/or reset any alarm.

C. An alarm user whose permit has been suspended or revoked is not precluded from applying for reinstatement of such permit or for a new permit. The police department is not required to reinstate a permit or issue a new permit unless satisfied that the alarm user's system has been properly serviced and any deficiencies corrected. The police department may impose reasonable restrictions and conditions on the reissuance of a permit or the issuance of a new permit to an alarm user with respect to the particular system for which the permit was suspended or revoked.

(Prior code § 10B-13)

Any person whose permit has been denied, suspended or revoked by the police department may appeal such decision to the city council by filing a written notice of appeal with the city clerk within ten days of the date of notice of denial, suspension or revocation, who shall place the matter on the agenda for the second regular meeting of the city council following the date of receipt of the notice of appeal. The city council shall consider the appeal at such meeting and shall affirm, modify or reverse the decision of the police department. The decision of the city council shall be final and conclusive.

(Prior code § 10B-14)

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 the contents thereof shall not be known except to persons charged with the administration of this chapter.

(Prior code § 10B-15)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not exceeding six months or by both such fine and imprisonment. Such person shall be deemed to be guilty of a separate offense for each and every day during any part of which any violation of this chapter is committed, continued or permitted by such person.

(Prior code § 10B-16)