Petaluma Municipal Code Ch. 6.40 Alarm Systems

Prior legislation: Ords. 1405 NCS and 1207.

The purpose of this chapter is to set forth regulations and standards governing the use of burglary, robbery alarm

systems, require permits therefor, establish an alarm identiRcation sticker program, provide for the authority to

establish fees, and provide for punishment of violations of provisions of this chapter. (Ord. 1813 NCS §1, 1990.)

This chapter shall apply to alarm businesses and/or all non-residential alarm users within the city limits of

Petaluma regardless of whether the alarm user owns the alarm or contracts with an alarm business for the alarm.

(Ord. 1813 NCS §1, 1990.)

The provisions of this chapter are not applicable to audible alarms aTxed to automobiles or to alarms maintained

at residence. (Ord. 1813 NCS, 1990.)

For the purpose of this chapter, certain words and phrases used herein are deRned as follows:

A. "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, moving or

installing on any building, structure or facility, an alarm system within the city. Exemption: the provisions of this

subsection do not include a person who engages in the manufacture or sale of an alarm system from a Rxed

location and who neither visits the location where the alarm system is to be installed, nor designs the scheme for

the physical location and installation of the alarm system in a speciRc location.

B. "Alarm business" means any business which is engaged in selling, leasing, maintaining, servicing, repairing,

altering, replacing, moving or installing any alarm system in or on any building, place or premises.

C. "Alarm system" means:

1. Any device designed for the protection of any unauthorized entry on or into any building, place or

premises, or for alerting others of the commission of an unlawful act, or both, or

2. Any device designed for Rre detection by heat or products of combustion, and/or sprinkler Sow alarm,

which has been installed in accordance with the Rre department rules and regulations for private Rre alarms;

Either of which emits a sound or transmits a signal or message, or both.

D. "Alarm user" means any person, Rrm, corporation, or other entity for whose beneRt the alarm system is being

used.

E. "Audible alarm" means that type of alarm system which, when activated, emits an audible sound.

F. "False alarm" means an alarm signal necessitating response by the Petaluma police department where an

emergency situation does not exist.

G. "Fire department" means the Rre department of Petaluma, and "Rre chief’ means the chief of such

department or his authorized representative.

H. "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 notiRed at his last known address. Service of such notice shall be

eUective upon the completion of personal service, or upon the placing of the same in the custody of the United

States Postal Service.

I. "Owner," "lessee," or "subscriber" means any member of the public who subscribes to the service of any

person, Rrm or corporation engaged in the business of selling and installing alarm systems within the city.

J. "Permittee" means any person, business, corporation or other entity who shall be granted a permit as

provided in this chapter, and his agents and representatives.

K. "Police department" means the police department of Petaluma, and "chief of police" means the chief of such

department or his authorized representative.

L. "Reporting telephones" means any intrusion detection device which, when activated, causes mechanically,

electronically, or by any other automatic means, intrastate dialing of any telephone number and then transmits a

prerecorded message.

M. "Silent alarm" means that type of alarm system which, when activated, sounds a bell or buzzer or turns on a

light at a predesignated place other than the location where the alarm has been installed.

(Ord. 1813 NCS § 1, 1990.)

A. State Permit. Alarm agents shall carry a valid alarm agent permit as issued by the Bureau of Consumer AUairs

of the State of California on his or her person at all times while so engaged within the city.

B. City Business License. Any person engaged in the business of selling or leasing or installation of alarms in the

city of Petaluma shall obtain a yearly business license from the city of Petaluma department of Rnance.

(Ord. 1813 NCS § 1, 1990.)

It is unlawful for any person who owns an alarm business to install any type of alarm system in or on any building,

place or premises without a valid installation permit issued by the chief of police in the case of burglary and

robbery alarms, or the Rre chief in the case of Rre alarms, or other designate pursuant to the provisions of this

chapter. (Ord. 1813 NCS § 1, 1990.)

A. Approval Required. The installation of any alarm system in a manner which, when the system is activated,

would cause a signal or message to be sent directly to the police/Rre communications center by telephone line or

by any other means must have the prior written approval of the chief of police or Rre chief, whoever has

jurisdiction. Any alarm business permittee or subscriber may apply to the chief of police or Rre chief on application

forms provided for such approval and such approval shall be evidenced by the issuance of a permit. Such

application shall describe the alarm system and the testing procedures to be followed by the applicant along with

such other information as the issuing authority may reasonably require to reach a decision on the application. The

issuing authority shall grant such approval if he Rnds that the termination of the signal or message in the city’s

communications center is compatible with the existing monitoring system and will not hinder any city police or Rre

activities. Each applicant who has been granted such approval shall maintain adequate equipment and an

adequate work force to repair, maintain and otherwise service the particular alarm system involved in the

approval. The city council may prescribe by resolution a fee for each application processed under this section.

B. Fee for Monitoring Service. Subscribers shall pay a monthly fee in the amount established pursuant to Section

6.40.250 for monitoring service provided by the city dispatch center.

C. Removal of Unauthorized Equipment. As a condition of approval and authorization of alarm systems connected

directly to the Petaluma police department, in addition to any other remedy provided by law, the chief of police or

a designated representative may, with knowledge of the use of any device or attachment not operated or

maintained in accordance with the provisions of this chapter, order the removal of such device or attachment.

Failure to remove such device, attachment or termination upon being ordered to remove the same shall constitute

a misdemeanor.

(Ord. 1813 NCS § 1, 1990.)

No person shall use or cause to be used any telephone service device or telephone attachment that automatically

selects any public telephone trunk line of the city and then reproduces any prerecorded message to report any

emergency, except as duly authorized by the city in accordance with the terms of this chapter. (Ord. 1813 NCS § 1,

1990.)

It is unlawful to install on the exterior of a building an intrusion detection device or burglar alarm system or Rre

alarm which upon activation emits a sound exceeding .80 decibels which is similar to sirens in use on emergency

vehicles or for civil defense purposes. (Ord. 1813 NCS § 1, 1990.)

No person shall install any alarm equipment of any kind at the city’s police dispatch and communications center

unless and until he has received the permission of the chief of police, in writing. In no event shall more than one

such person be authorized to perform alarm maintenance services in the dispatch center during any Rscal year.

Such authorized person shall be selected and his compensation for such services shall be established by

negotiation or by bid pursuant to the City Charter. (Ord. 1813 NCS § 1, 1990.)

Each vendor who desires to hook up to or to have installed any alarm module at the city’s communication center

shall submit an application therefor on an approved form. The application form shall be accompanied by the

following fees:

A. An alarm module placement fee in the amount established pursuant to Section 6.40.250;

B. The estimated installation fee based on the actual cost expected to be incurred by the city (applicant will be

charged for the Rnal actual cost, when determined).

(Ord. 1813 NCS § 1, 1990.)

A. Permits Required. No alarm user shall use an alarm system within the city of

Petaluma without Rrst applying for and receiving an alarm user permit issued to that user, in accordance with the

provisions of this chapter unless:

1. The alarm system was in use by the alarm user prior to the eUective date of this chapter, and

2. The police department has failed to provide notice to the alarm user of the requirement of obtaining an

alarm user permit.

B. Permit Applications. Each application for an alarm user permit under this chapter shall be Rled with the chief of

police on a form prescribed by the chief of police and shall set forth the name and address of the applicant, the

address where the alarm system is located. In the event that the applicant has more than one alarm system at a

given address, there shall be only one permit required for that address. In the event the alarm user has alarm

systems at diUerent addresses, a permit will be required for each alarm system address.

C. Permit Fee. A permit fee as established in Section 6.40.250 shall be paid annually to the city by the permittee

for each alarm user permit.

D. Fee Exemptions. The United States Government, the state of California, counties, municipal corporations,

departments thereof and other governmental entities are exempt from fees required in this section.

(Ord. 1813 NCS § 1, 1990.)

An alarm system shall constitute a public nuisance if it actuates more than:

A. Three false alarms in any thirty-day period; or

B. Five false alarms in any ninety-day period; or

C. Six false alarms in any one hundred eighty-day period.

Subsections A, B and C shall apply only to an alarm system which has been in use for more than thirty days. (Ord.

1813 NCS § 1, 1990.)

A. All police responses to false alarms will be tabulated during any twelve-month period:

1. The police will respond to the Rrst six alarms with no consequences under this chapter,

2. A police response to the seventh through twelfth false alarm in any twelve-month period will result in a

Rfty dollar charge to the alarm user for each response.

3. Police response to the thirteenth alarm in any twelve-month period will result in suspension of the alarm

user permit.

(Ord. 1813 NCS § 1, 1990.)

Any permit granted pursuant to this chapter may be revoked or suspended by the chief of police for any reason

for which the granting of such permit might be lawfully denied, for the violation of any provision of this chapter,

and of the rules and regulations and implementation thereof. (Ord. 1813 NCS § 1, 1990.)

A. The determination of the police chief with regard to matters of suspension shall be appealable in the time

and manner set forth in Sections 6.40.190 through 6.40.220.

B. The police chief, in the case of such suspension, shall serve the permittee with a written order of suspension,

which shall state the reason for such suspension. Said order shall be eUective immediately if personally served or

forty-eight hours after the same has been deposited in the United States mail. Notwithstanding the eUectiveness

of an order of suspension, permittee may continue the use of any alarm system requiring a permit under this

chapter until the appeal process as deRned in Sections 6.40.190 through 6.40.220 has been exhausted, unless the

police chief determines that the continued operation of such alarm system interferes with the safe and eTcient

operation of the police department. The continued use of the alarm system during the appeal process will be

subject to the same conditions as stated in Section 6.40.120, including charges for false alarm responses.

(Ord. 1813 NCS § 1, 1990.)

A. The suspension shall become a revocation Rfteen days after the order of suspension becomes eUective

unless the permittee Rles an appeal of the order of suspension in the manner set forth in Sections 6.40.190

through 6.40.220.

B. Where an appeal is Rled, the order of suspension shall be stayed pending a determination thereon by the city

council who shall act upon the same in the manner set forth in Sections 6.40.190 through 6.40.220. Such

suspension shall become a revocation if the decision of the city council upholds the suspension. The suspension

shall be dissolved immediately if the decision of the city council reverses the suspension.

(Ord. 1813 NCS § 1, 1990.)

If any permit is revoked pursuant to this chapter, permittee shall surrender said permit to the Rnance department.

(Ord. 1813 NCS § 1 1990, 1990.)

A. Informal Appeal. An appellant may informally seek relief from an order of suspension of an alarm system

permit by presenting evidence to the police chief, or a designated hearing oTcer, that the deRciencies in the alarm

system, or its operation, have been rectiRed. The evidence must be presented within Rfteen days of the eUective

date of suspension. Within Rve days of the date upon which the evidence was presented, the police chief shall notify the permittee of his decision. In the event informal relief is not granted, appellant has an additional Rfteen

days from the date of notiRcation of decision by the police chief to Rle a formal appeal. An appellant may also

informally seek relief from any other action taken under this chapter, as provided herein.

B. Formal Appeal. Any person aggrieved by any decision of the police chief, or the designated hearing oTcer,

including but not limited to the decision to approve or deny an application for a permit, to renew such permit,

suspend a permit, or to require reimbursement for excessive false alarms, shall have the right of appeal to the city

council. An appeal must be perfected within Rfteen days after notice of the decision of the police chief by Rling

with the city clerk a letter of appeal, which will be forwarded to the city council, stating therein the basis for such

appeal.

(Ord. 1813 NCS § 1, 1990.)

Failure to seek informal relief within said Rfteen days and/or to Rle a letter of appeal within said Rfteen days, shall

constitute a waiver of appellant’s rights to a hearing. Upon good cause shown, the chief of police in his discretion

may nevertheless grant such a hearing. (Ord. 1813 NCS § 1, 1990.)

The city clerk shall Rx the time and place of the hearing before the city council at a date no more than thirty days

after receipt of the letter of appeal. The city clerk shall give the appealing party and any other persons requesting

the same at least Rve days’ notice of the time and place of such hearing. The notice shall be substantially in the

following form, but may not include other information:

"YOU ARE HEREBY NOTIFIED that a hearing will be held at ____________________, at the hour of

________________________, at which time you may show cause why the appeal you have Rled should be

sustained." (Ord. 1813 NCS § 1 (part), 1990.)

At the time and place set for the hearing upon the decision of the police chief, the city council should give the

appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why

the determination of the police chief should not be upheld. In all such cases, the burden of proof shall be upon the

appellant to show that there was not substantial evidence to support the decision of the police chief. (Ord. 1813

NCS § 1, 1990.)

The provisions of this chapter shall be administered and enforced by the chief of police and Rre chief. They are

authorized to make inspections of the alarm systems and of the premises whereon said systems are located. They

shall have the power to make and enforce such rules and regulations as may in their discretion be necessary to

implement the provisions of this chapter. (Ord. 1813 NCS §1, 1990.)

In order to assist in carrying out the provisions and purpose of this chapter, the chief of police or Rre chief may,

from time to time, implement such provisions by adopting and enforcing regulations concerning the safety and

security of alarm systems, the installation of alarm equipment, and the keeping of records concerning alarm

systems. Such regulations shall be adopted and amended after written notice and opportunity to respond has

been given to the holders of permits issued under this chapter. (Ord. 1813 NCS §1, 1990.)

The city council may establish fees from time to time by resolution in order to carry out the purpose of this

chapter. (Ord. 1813 NCS §1, 1990.)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 1813 NCS §1, 1990.)