8.04 — ALARM SYSTEMS

The purpose of this chapter is to encourage the proper and effective use of alarm systems by setting forth regulations governing burglary and holdup alarm systems with the city. (Ord. 1803 § 2, 2014)

The following terms, whenever used in this chapter, shall have the following meanings:

"Alarm company" means a person in the business of selling, providing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system in an alarm site. Such companies shall be licensed in accordance with the provisions of Title 5, Business Licenses and Regulations, of this Code.

"Alarm dispatch request" means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site.

"Alarm site" means a single fixed premises or location served by an alarm system or systems. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site.

"Alarm system" means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response. Alarm system does not include an alarm installed in a vehicle or on someone's person unless the vehicle or the personal alarm is permanently located at a site.

"Applicant" means a person who files an application for a new or renewal permit as provided in this chapter.

"Arming station" means a device from which the alarm system is turned on (armed) and off (disarmed).

"Audible alarm" means an alarm system that generates an audible sound on the premises when it is actuated.

"Automatic shutoff device" means a mechanism that will cause the alarm system to shut off and reset within 15 minutes.

"Burglar alarm" means an alarm system designed or used to detect and report an unauthorized entry or attempted unauthorized entry upon the premises, building, or structure protected by the system.

"Canceled alarm" means a police response to an alarm signal, where the response is canceled by the alarm company or an authorized person at the alarm site prior to the arrival of any responding police unit. Canceled alarms are not considered false alarms. Duress or holdup alarms may not be canceled.

"City" means the City of Oroville.

"Direct dial telephone alarm" means a device which automatically telephones the Oroville police

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City of Oroville, CA

OROVILLE CODE

§ 8.04.020

§ 8.04.030

department and delivers a prerecorded message upon the alarm activation of an alarm system.

"Duress alarm" means a silent or audible alarm system signal generated by the entry of a designated code into the arming station in order to signal that the alarm user is being forced to turn off the system or is in immediate danger and requires law enforcement response.

"Enhanced call verification" means a process by which alarm companies attempt to verify the legitimacy of a burglar alarm activation prior to requesting public safety dispatch. Enhanced call verification requires alarm companies to make a minimum of 2 phone calls prior to making a request for police services by Oroville Police Department: one to the alarm site and the second to a different telephone number where a responsible party can typically be reached, preferably a cell phone number.

"Excessive false alarms" means 3 or more false alarms within a 12-month period, whether the type was a burglar alarm or a duress/holdup alarm. The 12-month period will be January through December. Any false alarm received from an alarm system that is not permitted shall be considered excessive upon the receipt of the first false alarm.

"False alarm" means an alarm dispatch request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site. Alarms caused by power outage, severe storms, earthquakes, or other violent acts of nature are not false alarms and shall not be included in determining an excessive false alarm, provided, however, that it shall be the permittee's burden to prove by clear and convincing evidence that the alarm is not a false alarm.

"Holdup alarm" means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after it has occurred.

"Notice" means written notice served either by personal service or by United States mail, first class postage prepaid, addressed to the person to be notified at the last known address. Service of such notice shall be effective upon the completion of personal service or 48 hours after the placing of the notice in the custody of United States Postal Service.

"Permittee" means any person granted a permit as provided herein, and his, her, or its agents and representatives.

"Siren" means any audible noise similar to that which must be sounded by an authorized emergency vehicle under the conditions set forth in Section 21055 of the California Vehicle Code.

(Ord. 1803 § 2, 2014)

• A. Required.

  1. Individual Users. It is unlawful to activate, operate or maintain an alarm system upon any premises within the city without first obtaining an alarm system permit to do so.

  2. Alarm Company/Installers. It is unlawful to connect, activate, or install an alarm system upon any property within the city without first obtaining an alarm system permit.

  3. Penalty. Violations of this section are subject to the civil penalty outlined in the Master Fee Schedule per occurrence. Any violation of this section shall be in addition

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City of Oroville, CA

HEALTH AND SAFETY

§ 8.04.030

§ 8.04.030

to any excessive alarm penalties.

4. Waiver. The chief of police or designee may waive any penalty associated with the administration of this chapter upon presentation of substantial evidence showing extenuating, mitigating, or extraordinary facts and circumstances, and proof that an application for an alarm system permit has been submitted to the city.

• B. Applications—Form.

  1. Any person desiring an alarm system permit shall file an application with the police department on a form provided by the police department manually or electronically which includes, but is not limited to the following information:

     • a. The name and address of the applicant;

     • b. If different than above, the address at which the alarm system is to be installed and used;

     • c. A description of the alarm system proposed to be installed, including the manufacturer's name and model number, if any;

     • d. The names, addresses and telephone numbers of one or more persons who will be available to secure the premises during any hour of the day or night;

     • e. Any such additional information that the police chief may deem necessary in order to fully and properly administer this chapter.

  2. In the interest of public safety, and as per California Government Code Section 6254(f), all information contained in and gathered through the alarm permit applications, records relating to alarm dispatch requests, and applications for appeals shall be held in confidence by all employees or representatives of the city and by any third-party administrator or employees of a third-party administrator with access to such information.

  3. Whenever any change occurs relating to the information required by this section, the applicant or permittee shall give written notice thereof to the Oroville Police Department within 10 days after such change.

  4. An alarm system permit may be denied if the application is not in the form and does not contain all information or fees required by this chapter.

• C. Term. Alarm system permits are issued for the period of one year and will expire each December 31st, unless otherwise suspended or revoked at an earlier time. Upon expiration of an alarm system permit, a new permit shall be secured in the manner specified in subsections B and E of this section before an alarm system may continue in use.

• D. Transfer of Permit Prohibited. Alarm permits may not be transferred to another person or alarm site. Permits are valid only for the permittee and address listed on the permit.

• E. Fees—Receipt. Every initial application and subsequent renewal for an alarm system permit shall be accompanied by a non-refundable permit fee. The fee is established to defray costs of processing applications and permits, and shall be in addition to any other permit fee imposed by the Oroville City Code. The alarm system permit fee imposed shall be stated in the schedule of fees that shall be adopted by the city council.

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City of Oroville, CA

OROVILLE CODE

§ 8.04.030

§ 8.04.060

• (Ord. 1803 § 2, 2014)

The provision of this chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the date on which this chapter becomes effective. (Ord. 1803 § 2, 2014)

• A. Every business maintaining an outside audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified in order to render repairs and service or secure the premises during any hour of the day or night in the event that the alarm is activated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building where the alarm is located. The wording "Police Alarm—Call City of Oroville Police Department" shall be placed on the alarm or immediately below the alarm device.

• B. It shall be unlawful to install or use an alarm system which upon activation emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes.

• C. All local exterior bell, gongs, noisemaking devices or pulsating lights shall have a timing device that will silence or turn off such devices or lights within 15 minutes following initial activation.

• (Ord. 1803 § 2, 2014)

• A. Whenever the police department responds to an excessive false alarm, the permittee shall be assessed a civil penalty as described within this section.

• B. The amount of the penalty assessed shall be determined by the combined number of both burglary and duress/holdup false alarms during a 12-month period (January—December).

==> picture [401 x 73] intentionally omitted <==

----- Start of picture text -----
Penalty Holdup or
Alarm Within Prior 12 Months Penalty (General)* Duress*
Fourth
Fifth and subsequent
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*** See Master Fee Schedule for all fees**

• C. Failure to pay the penalty when due may, in addition to any other available remedy, lead to suspension and/or revocation of the alarm permit and additional fees associated with collection.

• D. Penalties may be waived by the chief of police or designee for false alarms upon presentation of substantial evidence showing extenuating, mitigating, or extraordinary facts and circumstances, and where the permittee has undertaken action to correct alarm system deficiencies.

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City of Oroville, CA

HEALTH AND SAFETY

§ 8.04.060

§ 8.04.080

• E. Canceled alarms are not counted in the above schedule unless officers have arrived on scene before cancellation.

• (Ord. 1803 § 2, 2014)

Unless there is a separate indication that there is a crime in progress, the chief of police may reduce the priority or refuse police response to an alarm site after the denial, suspension or revocation of an alarm permit. The following shall constitute grounds for denial, suspension and/ or revocation of the alarm permit:

• A. Failure to pay fines and/or charges imposed as a result of excessive false alarms at any alarm site; or

• B. Failure to comply with standards or regulations adopted pursuant to this chapter; or

• C. Where the applicant, permittee, or the employee or agent of the applicant or permittee 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.

• (Ord. 1803 § 2, 2014)

• A. If the chief of police denies the issuance of a permit, suspends or revokes a permit issued under this chapter, the chief of police shall serve the permittee with a written order stating the reasons for the denial, suspension or revocation of the permit. The order shall be effective immediately upon service and, unless there is a separate indication that there is a crime in progress, the chief of police may refuse police response to the alarm site after the suspension or revocation of an alarm permit.

• B. It is unlawful to operate or use any alarm system after service of a notice of denial, suspension, or revocation of an alarm permit.

• C. The chief of police may reconsider the denial, suspension or revocation of a permit or reinstate a suspended permit, provided that within 45 days of the denial or suspension, the applicant or permittee has established to the satisfaction of the chief of police that the alarm system will be operated in compliance with this chapter, by complying with the following:

  1. Provide a letter from an alarm company licensed by the State of California indicating that the alarm has been completely checked and any mechanical malfunctions have been repaired;

  2. Agree that an agent of the business, or, if the alarm is residential, a responsible party, shall respond to the alarm site within 30 minutes of notification, each time the alarm is activated;

  3. Review correct alarm setting procedures with every resident, agent, employee or other person who may be responsible for user error alarm activations;

  4. Pay in full all outstanding excessive false alarm fines or charges; and

  5. Other reasonable procedures, conditions, or requirements as may be established by the chief of police.

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City of Oroville, CA

OROVILLE CODE

§ 8.04.080

§ 8.04.110

• D. The decision of the chief of police to suspend a permit or the refusal of the chief of police to reinstate a permit may be appealed in writing by any interested person to the city manager within 15 calendar days of the decision and upon the payment of any penalties or fees due.

• E. Any denial to issue a permit which has not been appealed within 45 days of such denial shall be final. Any suspended permit which is not reinstated within 45 days shall automatically be deemed revoked. No revoked permit shall be reissued until 6 months after the revocation, at which time a new application may be filed pursuant to Section 8.04.030.

• (Ord. 1803 § 2, 2014)

The United States, the State of California, counties, municipal corporations, departments thereof and other governmental entities and residential customers over the age of 65 are exempt from application fees required in Section 8.04.030.

(Ord. 1803 § 2, 2014)

Any alarm system is a public nuisance:

• A. When the alarm system generates an audible sound on the premises for a period longer than 15 minutes;

• B. When the alarm system generates excessive false alarms;

• C. When an alarm is reported without an unverified enhanced call verification prior to notification of the Oroville Police Department.

• (Ord. 1803 § 2, 2014)

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. (Ord. 1803 § 2, 2014)

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City of Oroville, CA

HEALTH AND SAFETY

§ 8.08.010

§ 8.08.030