Manteca Municipal Code Ch. 8.04 Burglar Alarm Systems

The purpose of this chapter is to establish standards and controls for the various types of intrusion, hold-up and other emergency signals from alarm systems which may prompt police response or investigation, and for the businesses and persons installing and servicing said systems in order to protect the public health, welfare, and safety.

(Ord. 1431 § 2, 2009)

For the purpose of this chapter, the following definitions shall apply and are listed below alphabetically:

"Alarm agent"

means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described herein.

"Alarm company operator"

means any person who, for any consideration whatsoever, engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service alarm systems or who responds to alarm systems except for any alarm agent. Alarm company operator, however, does not include a business which merely sells from a fixed location or manufacturers alarms systems unless the business services, installs, sells on premises, monitors, or responds to alarm systems at the protected premises.

"Alarm system"

means any mechanical and/or electrical device designed for the detection of an unauthorized entry on premises, or for alerting others of the commission of an unlawful act or both; and when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and which may prompt police to respond. Alarm systems include, but are not limited to, silent alarms, audible alarms, proprietor alarms, and direct dial telephone devices. The following devices shall not constitute alarm systems within the meaning of this section:

Devices which are not installed, operated, or used for the purpose of reporting an emergency to the police department;

Alarm devices affixed to motor vehicles, trailers or trailer coaches (as defined in California Vehicle Code Sections 415, 630 and 635), vessels, or aircraft;

Alarm devices installed on a temporary basis by the police department.

"Alarm user"

means any person using an alarm system at his or her place of business or residence.

"Audible alarm"

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

"Automatic calling/dialing system"

means an alarm system which automatically sends over telephone lines, by direct connect or otherwise, a recorded message indicating an emergency situation exists.

"Central monitoring station"

means any office, station, or telephone answering service where person(s) monitor and/or receive emergency signals from alarm systems, and thereafter, relay messages from such signals by live voice to the Manteca police department telecommunications center.

"Direct connect"

means an alarm system which has the capability of transmitting system signals to, and receiving them at, an agency maintained by a local government entity such as the city at its Manteca police department 911 center.

"False alarm"

means the activation of an alarm system through mechanical failure, malfunction, improper installation or maintenance, or the negligence of the owner, lessee, or of his/her employees or agents, which necessitates response by the police when an emergency condition does not exist; provided, however, alarms caused by acts of nature such as earthquakes, floods, tornadoes, or other violent, uncontrollable acts of nature shall not be considered false alarms.

"Non-priority"

means that police response to the activation of an alarm shall not be given precedence over other calls and will be predicated upon availability of police units and other service needs.

"Person"

means any individual, partnership, corporation, or other entity.

"Police chief"

means the police chief of the city or designated representative.

"Proprietor alarm"

means an alarm system which does not anticipate a police response when activated. It is a device which is not designed or used to register an audible, visible, or perceptible signal outside or away from the protected premises.

"Silent alarm"

means any mechanical and/or electrical device designed for the detection of unauthorized entry on premises or for alerting another of the commission of an unlawful act which transmits a signal to a monitored, remote location.

"Standby power backup"

means any auxiliary, secondary, or backup power source capable of supplying adequate power to properly operate an alarm system should the primary power source be interrupted.

(Ord. 1431 § 2, 2009)

It is unlawful for any person to own, manage, conduct, or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing, or monitoring of an alarm system in any building, place, or premises within the city without first having registered with the police department; provided, however, such registration shall not be required for any business which only sells or leases said alarm systems from a fixed location unless such business services, installs, monitors, or responds to such alarm systems at the protected premises. Registration shall be accomplished by furnishing the full name of the business and a copy of the state-issued license for the business. State-issued licenses are required by Sections 7590 through 7599 of the Business and Professions Code and Sections 680 through 689 of the Code of Regulations, commonly known as the "Alarm Company Act."

(Ord. 1431 § 2, 2009)

It is unlawful for any person to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing of an alarm system in or around any building, place, or premises within the city without first having registered his or her full name and having filed with the police chief a copy of his or her state-issued identification card pursuant to Sections 7590 through 7599 of the Business and Professions Code, Sections 680 through 689 of the Code of Regulations, commonly known as the "Alarm Company Act" and Section 8.04.030 of this code; provided, however, nothing herein shall require a person to be so registered in order to install, service, repair, alter, replace, or move an alarm system on the premises owned or occupied by that person, and, further provided, nothing herein shall require a person to so register when that person is merely a salesperson for any business which is not required to register as an alarm company operator, under the provisions of this chapter, if such salesperson does not engage in any other activity related to alarm systems apart from selling.

(Ord. 1431 § 2, 2009)

Any alarm business registered with the police department shall, within thirty days, report to the police chief or designee any change of business name, address, or ownership.

(Ord. 1431 § 2, 2009)

A. It is unlawful for any person to operate or install, cause to be installed, use, maintain, or possess an alarm system on the premises owned or in the possession or control of such person within the city without first having obtained an alarm user's permit from the police chief of the city, as herein specified.

B. Alarm systems which are not designed to summon public and/or Manteca police department attention, but which are privately monitored and responded to, are exempt from this requirement.

C. The application for an alarm user's permit shall be submitted on a form prescribed by the police chief and shall include the address of the premises wherein the system is to be located and the name, address, and telephone number of the applicant and the person(s) who will respond to an alarm, provide access, or render services or repairs to the alarm system on a twenty-four-hour a day basis, and any such additional information that the police chief shall deem necessary for the evaluation and proper processing of the permit application.

D. Any permittee who operates or maintains more than one alarm system upon any particular property may, at the permittee's option, apply for a single permit for that particular property or for separate permits for each alarm system operated or maintained; provided, however, that if such permittee chooses to secure separate permits for each alarm system, a separate application shall be submitted for each such system and a separate permit fee shall accompany each such application.

(Ord. 1431 § 2, 2009)

A. An alarm user permit fee may be established by a resolution of the city council of Manteca. The permit shall expire according to the schedule of permits and fees established by the city council, at which time a renewal fee will be collected in accordance with the schedule of permits and fees applicable at the time of renewal.

B. If required, permit fees shall be paid in full at the beginning of each calendar year according to the schedule of permits and fees established by the city council. Permit fees shall not be prorated.

C. Nothing in this chapter shall be construed to require any police response to alarm devices. The issuance of the alarm user's permit does not entitle the holder to any special level of police service to an alarm device. The fees will be used to offset the costs to maintain records of existing alarm systems in the city.

(Ord. 1431 § 2, 2009)

The United States Government, the state of California, counties, municipal corporations, and departments thereof are exempt from the fees required in this chapter.

(Ord. 1431 § 2, 2009)

Alarm use permits shall be issued by the police chief. The police chief may issue an alarm use permit only after the requirements of this chapter have been satisfied. Alarm use permits may be issued to the person(s) who is/are the owner of, or in possession of, the property which the alarm system is designed to protect.

(Ord. 1431 § 2, 2009)

A. An alarm use permit may be revoked if good cause exists. Good cause for revocation shall include, but not be limited to:

1. Failure to take corrective measures to prevent false alarms;

2. Failure to pay service charges resulting from excessive false alarms as authorized by this chapter.

B. Notice of alarm use permit revocation shall be made by the Manteca police department to the permittee by certified or registered mail.

C. Use of an alarm system after permit revocation notification has been issued is unlawful and may result in an administrative fine of five hundred dollars for each documented occurrence.

D. Revoked permits may be reissued by the Manteca police department if the former permittee can show that action has been taken to correct the cause or causes which resulted in the revocation of the original alarm use permit. Reissuance of an alarm use permit shall be accomplished by the same procedure as the issuance of a new permit.

(Ord. 1431 § 2, 2009)

Permits for residences shall automatically expire upon change of ownership of the real property where the alarm is located unless the permit is revoked at an earlier time. The date of issuance of the permit is the date shown on the permit. If a permit is not renewed, or it is revoked, the alarm system may not be operated until a new permit is issued.

(Ord. 1431 § 2, 2009)

A. Length of Permit Period. Each residential alarm use permit is valid from the date of issuance until December 31st of the following year unless the permit is revoked at an earlier time and must be renewed in compliance with current regulations. The date of issuance is the date shown on the permit. If a permit is not renewed, or if it is revoked, the alarm system may not be operated until a new permit is secured. Commercial alarm use permits are valid from the date of issuance until December 31st of that year.

B. Application for Renewal. Odd number residential addresses must file a renewal application by January 31st of odd numbered years. Even number residential addresses must file a renewal application by January 31st of even numbered years. Commercial alarm use permits must file a renewal application by January 31st of each year. If an application for renewal is not forwarded to the police chief by January 31st of the appropriate year, the permit will be canceled and the permittee will be guilty of an infraction each day of continued use of the alarm after the date of cancellation

C. Notice to Alarm Companies. If an alarm permit is not renewed as stated above by January 31st, or is suspended or revoked, the police chief shall give notice of nonrenewal, suspension, or revocation to the servicing alarm company.

(Ord. 1431 § 2, 2009; Ord. O2018-32 § 1)

Every person maintaining an alarm system shall either post or file with the police department a notice containing the names and telephone numbers of persons to be notified in case of emergency or alarm activation or to render service to the alarm system on a twenty-four-hour-a-day basis. The person's name shall include the occupant of the premises or the alarm business, or the agents responsible for the maintenance of the system. If posted, such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; said notice shall be posted in such a position as to be clearly visible and legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain such notice current, whether posted or filed, with the police department.

(Ord. 1431 § 2, 2009)

Any alarm user permit issued in accordance with the provisions of this chapter shall be valid only as to the permittee named on the permit. No alarm permit shall, in any manner be transferred to another without the prior written consent of the police chief. Any request to transfer a permit to another shall be in writing on the standard Manteca police department form. Transfer of a permit shall in no way affect the date of expiration of said permit. False alarms previously charged to the transferor shall not be charged to the transferee. However, the police chief may deny any request to transfer an alarm system permit where, after investigation, it appears that the transfer is requested for the purpose of allowing the transferor to evade responsibility for prior false alarms. Alarm permits may only be transferred from one person to another at the address shown on the permit or from one property to another under the name of person shown on the permit.

(Ord. 1431 § 2, 2009)

A. No person shall use or operate, cause to be used or operated, arrange, adjust, program, or otherwise provide for, or install any device or combination of devices that, upon activation of an alarm system, either mechanically, electrically, or automatically, or by other means, will initiate the intrastate calling, dialing, or connection to any police number, line or instrument assigned to the Manteca police department.

B. No person shall operate or use any alarm system that emits a sound similar to that of an emergency vehicle, siren, or civil defense warning system.

C. No person shall use or operate any alarm system that emits an exterior audible sound which such emission does not automatically cease within fifteen minutes.

D. No person shall operate or use an alarm system for any other purpose than detecting and reporting an unauthorized entry upon the property protected by that system.

(Ord. 1431 § 2, 2009)

On the effective date of the ordinance codified in this chapter all alarm businesses shall install on all new installations and all service replacements only alarm panels that meet the UL CP-0l listing and comply with ANSI/SIA CP-0l standard for alarm control panels.

(Ord. 1431 § 2, 2009)

A. A service fee will be charged by the city for false alarms or failure to respond to alarms by alarm owners or their designated representative.

B. Multiple false alarms occurring in any twenty-four-hour period may be charged as one call, if shown that the owner was not notified and provided the opportunity to correct the defect.

C. The service charges will be based on an escalating scale determined by the frequency of false alarms, and shall be in the amount established from time to time by resolution of the city council.

D. The chief or designee may suspend law enforcement response or revoke the alarm user permit if it is determined that the alarm user has five false alarm responses in a twelve-month period excluding holdup or panic alarms.

E. The chief or designee may waive a service fee if the alarm owner/ operator successfully completes a false alarm reduction class presented by the police department.

(Ord. 1431 § 2, 2009)

A. No alarm system shall be installed or connected on or after the date of the ordinance codified in this chapter becomes effective which does not have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the back-up source and reverse must occur in a manner which does not activate the alarm. The backup power supply shall be capable of powering the alarm system on a continuous basis for a minimum of two hours.

B. On or after one year from the effective date said ordinance, no owner of an alarm system within the city shall have in operation any alarm system unless such alarm system is equipped with a standby power backup source as required by this chapter.

(Ord. 1431 § 2, 2009)

In case of either an audible or a silent alarm, the person or persons named in the posted notice or a person whose name is on file with the police department as a designated responding party as required under this section shall, upon proper notification, proceed immediately to the location of the activated alarm and provide access to the premises to allow the police department to properly secure such premises. All alarm service companies which contract to provide alarm response services shall maintain service personnel on duty twenty-four hours a day to provide for such responses. Should a responsible owner or his/her designated representative fail to respond to an alarm location within a reasonable amount of time (normally twenty minutes) upon proper notification, or fail to respond to the alarm location at all, the responsible party will be subject to a service fee to be determined by the city council. The service fee will be for the services rendered in determining the cause of the failure to respond to the alarm or the alarm service company. Failure to pay the required service fee will be a violation of this chapter, and, in addition, may result in termination of response by the police department to future alarms at the permitted alarm location.

(Ord. 1431 § 2, 2009)

Every alarm business which monitors an alarm system located within the city shall maintain on file a current listing of all such alarm systems, including the name, address, and telephone number of the individual or individuals from whom entry to the premises can be obtained. On the effective date of the ordinance codified in this ordinance all alarm companies with clients in the city will provide a list of their current customers to the alarm administrator of the police department. On the effective date said ordinance all alarm companies conducting business in the city will be responsible for informing all new customers of the requirement to obtain an alarm permit from the police department and will not request police response until such time as the alarm is registered with the alarm administrator.

(Ord. 1431 § 2, 2009)

Every person engaged in installing, repairing, servicing, altering, replacing, moving, or removing an alarm system as defined herein on any premises within the city, other than those owned or occupied by said person, shall carry on his or her person at all times, while so engaged, a valid state of California alarm agent's registration card and shall display such card to any police officer or authorized city representative upon request.

(Ord. 1431 § 2, 2009)

No person shall use or operate, attempt to use or operate, or cause to be used or operated any device or combination of devices that is arranged, adjusted or programmed so that it will upon activation, either mechanically, electronically, or by other automatic means, initiate, call and deliver a recorded message to any telephone number assigned to the Manteca police department 911 center without the prior written consent of the police chief, nor shall any person so arrange, adjust, or program such device without such permission.

(Ord. 1431 § 2, 2009)

It shall be the responsibility of the company installing an alarm system to instruct and reinstruct his or her subscriber and/or the occupant of the premises wherein said system is installed in the proper use and operation of said device of alarm, whether silent or audible, specifically including all the necessary instruction in turning off said alarm and avoiding false alarms.

(Ord. 1431 § 2, 2009)

Any person who is denied an alarm use permit, or whose alarm use permit has been revoked, or who is denied an alarm use permit reissuance, or who has been assessed an administrative fine after revocation of an alarm permit or who has received an alarm service charge assessment, may appeal the action in writing to the police chief or designee within fifteen days of denial, revocation, denial of reissuance or assessment of a service charge or administrative fine. Within ten days of receipt of an appeal, the police chief or designee shall render a written decision on the appeal. If the appeal is denied, such decision shall be effective immediately upon personal service to the applicant/permittee or shall be effective five calendar days after being deposited in the course of transmission with the United States Postal Service.

(Ord. 1431 § 2, 2009)

A. Police will continue to respond to all robbery and panic alarms.

B. Police have the option to discontinue response to any alarm site that has had more than five false alarm responses during any permit term.

C. All alarm businesses shall verify all intrusion (burglary) alarms by either one of the following methods prior to requesting police response:

1. Enhanced Call Verification (ECV) as per ANSI/CSAA standard whereby at least two calls to two different phone numbers have been made to verify that an actual emergency exists.

2. Video verification (W) where a video signal is sent to the alarm company and there is visual evidence of activity at the premises.

3. Listen in or audio technology is employed and the alarm monitoring operator hears evidence that there is potential criminal activity at the premises.

4. Multi-zone activation when there has been alarm activation in two or more separate monitoring zones and the alarm company's monitoring station has been unsuccessful in its attempt to contact the premises.

(Ord. 1431 § 2, 2009)

The city shall be under no duty or obligation to holders of alarm use permits or to any other persons by reason of any provision of this chapter. This includes, but is not limited to, delays in transmission, and/or responses to an alarm call.

(Ord. 1431 § 2, 2009)

The provisions of this chapter shall be administered and enforced by the police chief or representative. He or she is authorized to make inspections of the intrusion detection devices and the alarm systems, and of the premises whereon said devices or systems are located. He or she shall have the power and shall enforce such rules and regulations as may be adopted by the city council.

(Ord. 1431 § 2, 2009)

A. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction.

B. Enforcement. The conviction 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 administrative or criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent thirty days after they are due and payable.

(Ord. 1431 § 2, 2009)

The provisions of this chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the date on which the ordinance codified in this chapter becomes effective; provided, however, that the alarm permit user fee shall not apply to existing user permits that were issued prior to the enactment of said ordinance.

(Ord. 1431 § 2, 2009)