Larkspur Municipal Code Ch. 9.52 Burglary and Robbery Alarm System Regulations

Sections: 9.52.010 Purpose. 9.52.020 Definitions. 9.52.030 License for Alarm Business. 9.52.040 Registration of Alarm Agent. 9.52.050 Permit for Alarm System. 9.52.060 Applications. 9.52.070 Grounds for Denial. 9.52.080 Alarm System Standards and Regulations. 9.52.090 Audible Alarm Requirements.

9.52.110 Display of State Alarm Company Operator License. 9.52.120 Record of Inspection. 9.52.130 Obligation to Instruct Alarm System Operators. 9.52.140 Reporting Telephones Prohibited. 9.52.150 Audible Alarms Similar to Sirens Prohibited. 9.52.160 Alarm Systems Which Constitute a Hazard to Responding Public Safety Officers. 9.52.170 Connection of Alarm Systems to City Communications Center. 9.52.180 Fees. 9.52.190 Permit Renewal. 9.52.200 Grounds for Suspension and Revocation. 9.52.210 Suspension. 9.52.220 Procedure. 9.52.230 Revocation. 9.52.240 Surrender of Permit. 9.52.250 Reimbursement. 9.52.260 Liability. 9.52.270 Fee Exemptions. 9.52.280 Confidentiality. 9.52.290 Right of Appeal. 9.52.300 Violation – Penalty. 9.52.310 Enforcement.

The purpose of this chapter is to set forth regulations governing burglary and robbery alarm systems, businesses and agents within the City of Larkspur, require permits therefor, provide the authority to establish fees, and provide for punishment of violations of provisions of this chapter. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

For the purpose of this chapter, the following words and phrases shall have the meaning given herein:

“Alarm agent” means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, removing, or installing on or in any building, structure, or facility, any alarm system.

“Alarm business” means 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.

Exemption: The provisions of this section do not include a business which engages in the manufacture or sale of any alarm system unless such business services, installs, monitors or responds to alarm systems at the protected premises.

“Alarm system” means any mechanical or electrical device which is designed or used for the detection of unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure, or facility, or both; and which emits a sound or transmits a signal or message when actuated and which is likely to result in a response by the Police Department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. An alarm system includes all of the necessary equipment designed and installed for the detection of an unauthorized entry into a single building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure, or facility, or both.

“Audible alarm” means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is actuated.

“False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation or through the negligence of the owner or lessee or an alarm system, or their employees or agents. Such terminology does not include alarms caused by acts of God, electrical interruptions, flooding or other violent conditions, or acts of third parties caused by an illegal entry or attempted entry as determined by the responding Police Officer.

“Notice” means written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the person to be notified at their last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States Postal Service.

“Person” means natural person, firm, partnership, association or corporation.

“Proprietor alarm” means any alarm which is not serviced by an alarm business.

“Reporting telephone” means any intrusion detection device which, when activated, causes, either mechanically, electronically, or by any other automatic means, intrastate dialing of any telephone number and then transmits a prerecorded message.

“Subscriber” means any person who purchases, leases, contracts for or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system from an alarm business. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

No person shall engage in, conduct or carry on an alarm business within the City without first applying for and receiving a state alarm company operator license therefor in accordance with the provisions of Business and Professions Code Division 3, Chapter 11.6 (Section 7590 et seq.) and filing a copy of such license with the Police Department. In the event its license is suspended, revoked or otherwise rendered invalid by the state issuing authority, the alarm business shall notify the Police Department in writing of such state action within three (3) days thereof. Each alarm business owner and/or operator is required to provide the Police Chief with the name, address, and phone number of each new subscriber within the incorporated City limits of Larkspur prior to the activation of the new alarm system, or upon notification that an existing alarm system has been sold or transferred to another subscriber. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

No person shall operate as an alarm agent within the City without first applying for and receiving state alarm agent registration therefor in accordance with the provisions of Business and Professions Code Division 3, Chapter 11.6 (Section 7590 et seq.). (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

No person shall possess or use an alarm system without first applying for and receiving an alarm permit from the Police Chief, pursuant to the terms and conditions set forth in this chapter. The provisions of this chapter are not applicable to audible alarms affixed to automobiles. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

A. Applications for all permits required under this chapter shall be filed with the Police Department and shall be accompanied by the requisite fee. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. The Police Department shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night.

B. Whenever any change occurs relating to the written information required herein, the applicant or permittee shall give written notice thereof to the Police Chief within ten (10) days after such change or at any hearing conducted pursuant to this chapter, if such hearing is conducted before the notice has been given. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

The permit may be denied by the Police Chief if the alarm system does not comply with standards and regulations adopted pursuant to Larkspur Municipal Code Section 9.52.080, or if any of the following occur:

A. The applicant, their employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any City agency; or

B. That the applicant has had a similar type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

The City Council by resolution may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the City. The standards to be prescribed shall be those constituting the “state of the art” and shall be reviewed with the burglar alarm industry prior to adoption.

All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The Police Chief shall be authorized to inspect and approve all alarm systems installed within the City. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Upon notification by the Police Department that an audible alarm is activated, the permittee, their representative, or their alarm agent, shall immediately proceed to silence the alarm. For purposes of this chapter, “immediately” means within thirty (30) minutes. Alternately, the alarm system may be equipped with an automatic shut-off device which shall silence the alarm within thirty (30) minutes, thus eliminating the need for a personal response as otherwise required herein. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Every person operating as an alarm agent within the City shall carry on their person at all times while so engaged a valid alarm agent state identification card and shall display such card to any Police Officer upon request. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Every person engaged in, conducting or operating an alarm business within the City shall post on the premises where the alarm business is located a copy of a valid state alarm company operator’s license. The Finance Department may issue an appropriate license identification tag and establish requirements for its posting. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Each alarm business, alarm agent or permittee shall display to the Police Chief, when requested, their record of inspection or repair of any installed alarm system. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Each alarm business, alarm agent or permittee which installs or services an alarm system shall clearly instruct the operators of the alarm systems in the proper use and operation of the alarm system, as frequently as necessary, especially in those factors which can cause false alarms. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

No person, except a public utility engaged in the business of providing communications services and facilities, shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install, any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means, initiate the interstate calling, dialing or connection to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of such subscriber.

The term “telephone number” includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use. In no case will the prerecorded message from such reporting telephone terminate at any City owned facility, or other City approved communication center. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

It is unlawful to install on the exterior or interior of a building an intrusion detection device or burglar alarm system which upon actuation emits a sound exceeding eighty (80) decibels (when measured from anywhere outside the premises), or which is similar to sirens in use on emergency vehicles or for civil defense purposes. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Safety Officers.

No permit shall be issued for an alarm system which, due to the nature of its construction and/or installation, constitutes an unreasonable hazard to life and limb of responding public safety officers, in the opinion of the Police Chief. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

The Police Chief is authorized to enforce rules and regulations, adopted by resolution of the City Council, governing the connection of private burglar and/or robbery systems to the City communications center or other City approved communications center. Such rules and regulations shall prescribe minimum standards for the manner in which the said connections are to be made, the equipment and devices which shall be used to accomplish said connection, and the manner in which the said equipment and devices shall be maintained and their cost defrayed.

No person, business or concern may connect or continue to have connected any burglary and/or robbery alarm system to the City communications center or other City approved communications centers, unless and until they have complied with all such rules and regulations. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

The fee for an alarm system permit shall be set by resolution of the City Council and shall not be prorated. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Permits issued under this chapter shall expire three (3) years after date of issuance unless an application for renewal is granted. Such renewal application shall be processed in the same manner as applications for the initial permit. (Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

The following shall constitute grounds for suspension and revocation of a permit:

A. The violation of any of the provisions of this chapter;

B. The failure to comply with standards or regulations adopted pursuant to Larkspur Municipal Code Section 9.52.080;

C. When an alarm system actuates excessive false alarms, as defined by the City Council, and thereby constitutes a public nuisance;

D. When the applicant or permittee, or their employee or agent, has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any City agency;

E. When the applicant or permittee has had a similar permit previously revoked for good cause within the past year, unless the applicant or permittee can show material change in the circumstances since the date of revocation;

F. Immediately following an alarm activation, where the alarm system permittee or their designated representative(s) fails to respond within one hour to a request for access to the protected premises, upon request to do so by a Police Officer or Dispatcher who deems a response necessary to insure the security of the premises or persons where the system is installed. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 603 § 1 (part), 1979)

Any permit issued under this chapter may be suspended by the Police Chief for any of the grounds provided for in Larkspur Municipal Code Section 9.52.200. The determination of the Police Chief with regard to matters of suspension shall be appealable in the time and manner set forth in this chapter. (Ord. 1030 § 2(7), 2018; Ord. 622 § 1, 1979; Ord. 603 § 1 (part), 1979)

A. In the case of suspension under Larkspur Municipal Code Section 9.52.210, the Police Chief shall serve the permittee with a written order of suspension which shall state the reasons for such suspension. The order shall be effective immediately if personally served, or forty-eight (48) hours after the same has been deposited in the course of transmission in the United States Postal Service.

B. Notwithstanding the effectiveness of an order of suspension, the permittee may continue the use of any alarm system requiring a permit under this chapter, until the appeal process as defined in this chapter has been exhausted, unless the Police Chief determines that the continued operation of such alarm system jeopardizes officer safety. (Ord. 1030 § 2(7), 2018; Ord. 622 § 2, 1979; Ord. 603 § 1 (part), 1979)

Suspension of the permit shall become a revocation fifteen (15) days after the order of suspension becomes effective, unless the permittee files an appeal of the order of suspension in the manner set forth in this chapter. When an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the City Manager who shall act upon the same in the manner set forth in this chapter. Such suspension shall become a revocation if the decision of the City Manager upholds the suspension. The suspension shall be dissolved immediately if the decision of the City Manager reverses the suspension. Any person aggrieved by any decision of the City Manager hereunder shall have the right to appeal such decision to the City Council as set forth in this chapter. (Ord. 1030 § 2(7), 2018; Ord. 622 § 3, 1979; Ord. 603 § 1 (part), 1979)

If any permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the Police Department and discontinue the use of any and all alarm systems covered by the permit. (Ord. 1030 § 2(7), 2018; Ord. 622 § 4, 1979; Ord. 603 § 1 (part), 1979)

A permittee shall be required to reimburse the City for the cost of the Police Department manpower and equipment response to each and every false alarm deemed excessive as provided in this chapter and by City Council resolution. The amount of such reimbursement shall be fixed by the Police Chief and notification thereof to the permittee shall be made within ten (10) days from the actuation of the excessive false alarm. (Ord. 1030 § 2(7), 2018; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)

Any alarm business licensed to do business and doing business in the City of Larkspur shall agree to indemnify and hold harmless the City and its agents and employees from all claims for damages or injuries to persons or property, occurring as a result of the operation of said business. In addition, said alarm business shall agree to defend in the name of the City any action for damages brought against the City based upon such claim. (Ord. 1030 § 2(7), 2018; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)

The United States Government, the State of California, counties, municipal corporations, departments thereof and other governmental entities are exempt from fees authorized by Larkspur Municipal Code Section 9.52.180. (Ord. 1030 § 2(7), 2018; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)

The information furnished and secured pursuant to this chapter shall be confidential, shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be disclosed except to those persons charged with the administration of this chapter. (Ord. 1030 § 2(7), 2018; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)

Any person aggrieved by the decision of the Police Chief shall have the right of appeal pursuant to Larkspur Municipal Code Chapter 2.50. (Ord. 1030 § 2(7), 2018; Ord. 853 § 5 (part), 1993; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)

Any person violating any provision of this chapter is guilty of an infraction, and upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070. (Ord. 1069 § 2, 2023; Ord. 1030 § 2(7), 2018; Ord. 723 § 9, 1985; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)

The conviction and/or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. The amount of any permit fee shall be deemed a debt to the City. All permit fees shall be deemed delinquent thirty (30) days after they are due and payable. (Ord. 1030 § 2(7), 2018; Ord. 622 § 5 (part), 1979; Ord. 603 § 1 (part), 1979)