Lancaster Municipal Code Ch. 5.38 Burglar Alarms

As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:

A. "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.

B. "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 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 are not included in this definition. C. "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.

D. "Direct dial service" means a device which is connected to a telephone line, upon activation of an alarm system automatically dials a predetermined telephone number and transmits a message of signal indicating a need for emergency response.

E. "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 and/or report; and which results in a requested and/or actual response by the sheriff department. False alarms include, but are not limited to, the activation of an alarm system because of mechanical failure, preventable accident, improper operation, misuse, malfunction, improper negligence of carelessness of the alarm user. An alarm signal activated by violent conditions of nature other than extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm.

(Ord. 805 § 1 (part), 2002)

The alarm owner of every audible alarm within the city shall post in a conspicuous place near the front entrance of the protected premises the names and telephone numbers of the persons to be notified 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 (30) minutes of its being activated.

(Ord. 805 § 1 (part), 2002)

The use of an alarm system which is equipped with a direct-dial device and which, when activated, automatically dials any telephone number in any office of the sheriff department, is hereby prohibited.

(Ord. 805 § 1 (part), 2002)

The knowing commission of a false alarm is hereby prohibited. This section does not prohibit any test of an alarm system as permitted in advance by the sheriff department.

(Ord. 805 § 1 (part), 2002)

After any false alarm, the alarm owner shall, upon request by the sheriff department, submit a written report to the sheriff department describing actions to be taken to eliminate the cause of the false alarm. This shall be submitted within ten (10) days of the date of request by the sheriff department.

(Ord. 805 § 1 (part), 2002)

An alarm system that generates more than two false alarms in any twelve (12) month period, beginning January 1, is declared to be a public nuisance and operation of this system is prohibited.

(Ord. 805 § 1 (part), 2002)

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. 805 § 1 (part), 2002)

A. Any person violating any of the provisions of this chapter other than Section 5.38.040 is guilty of an infraction, which is punishable as provided in Section 1.12.020.

B. Violation of Section 5.38.040 is a misdemeanor, which is punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment.

C. Notwithstanding subsection A of this section, upon the first and second violation of Section 5.38.060 in a calendar year beginning January 1, the sheriff department shall serve a written notice (in triplicate) to the alarm owner, to the city, and to the sheriff department indicating that property location, date of false alarm and other information necessary to track false alarms. The city will retain copies and track all subsequent false alarms for that alarm user. The notice will describe the violation and specify that the causes of the violation shall be corrected within ten (10) days of the date of service of the written notice.

(Ord. 805 § 1 (part), 2002)

Any person receiving monetary charges for false alarm responses may appeal. A written appeal must be submitted to the city manager or his designee. Decisions of the city manager or his designee are final.

(Ord. 805 § 1 (part), 2002)

A service charge in an amount established by the city council by resolution shall be levied for each sheriff department response to an alarm determined to be false, after the first two false alarms. The city's finance department shall invoice and collect these service charges in the same manner as other debts owed to the city.

(Ord. 805 § 1 (part), 2002)

Any alarm installed prior to the effective date of this chapter shall comply with all provisions of this chapter.

(Ord. 805 § 1 (part), 2002)