Pismo Beach Municipal Code Ch. 5.24 Alarm Businesses

This chapter shall be known as the burglary, robbery and fire alarm permit ordinance. (Prior code § 5.30.010)

The purpose of this chapter is to encourage the proper and effective use of alarm systems by setting forth regulations governing burglary, robbery and fire alarm systems and businesses within the city, requiring permits therefor, establishing fees, and providing for punishment of violations of provisions of this chapter. (Prior code § 5.30.020)

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

"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 or in any building, structure, or facility, any alarm system within the city. Exemption: The provisions of this section do not include a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.

"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 within the city.

"Appellant" means a person who perfects an appeal pursuant to this chapter.

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

"Audible alarm" means any mechanical or electrical device designed for the detection of unauthorized entry on the land, building, structure and/or facility of an alarm owner; or any mechanical or electrical device designed for the detection of smoke and/or heat and/or water flow therein, which generates an audible sound outdoors when it is actuated.

"City" means the city of Pismo Beach.

"Day" means calendar day.

"False alarm" means an alarm signal activated intentionally or through inadvertence, negligence, or malfunction of any segment of the alarm system and to which personnel of the city police and/or fire department respond and there is no police and/or fire emergency as defined this section.

"Fire alarm system" means any mechanical or electrical device which is designed or used for the detection of smoke and/or heat and/or water flow within a building, structure, facility or any portion thereof, which when activated emits a sound, displays a light or transmits a signal or message for the purpose of alerting occupants or others of the existence of a fire emergency. Fire 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.

"Fire chief" means the fire chief of the city.

"Fire emergency" means any incident requiring the response of the fire department to perform fire extinguishing, life saving, rescue or hazard-connected service activity.

"Finance department" means the finance department of the city.

"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 his 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 the United States Postal Service.

"Permittee" means any person, firm, partnership, association, or corporation who, or which shall be granted a permit as provided in this chapter, and his or its agents and representatives.

"Person" means natural person, firm, partnership, association or corporation.

"Police 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. Alarm systems include but are not limited to, direct dial telephone devices, audible alarms or 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.

"Police chief" means the police chief of the city.

"Police emergency" means any incident requiring the response of the police department during the commission of a breaking and/or entering of a building, structure or facility or an immediate attempted breaking or entering or the immediate commission of a violent act likely to produce great bodily harm or the existence of a life saving medical incident.

"Proprietor alarm" means an alarm which is not serviced by an alarm business.

"Subscriber" means any person who leases, contracts for or otherwise obtains an alarm system from an alarm business. (Prior code § 5.30.030)

The police chief and/or fire chief may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city. These standards and regulations shall become effective upon adoption thereof by resolution of the city council. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The police chief may require inspection and approval of all police alarm systems installed within the city, and the fire chief shall require inspection and approval of all fire alarm systems installed within the city.

A. Alarm businesses shall provide a written one-year warranty and service contract on all equipment sold and installed by such alarm businesses and under such contract shall annually inspect and service such equipment. Records of all sales, inspections and service shall be maintained by each alarm business for a period of not less than one year, and such records shall be open to inspection of any police, fire, license or consumer protection officer. Nothing in this section shall be deemed to require any person purchasing or having installed on his premises an alarm or alarm system to enter into a service and/or inspection contract with the seller or installer of such alarm or alarm systems.

B. Alarm businesses shall provide in connection with any alarm or alarm system sold and/or installed complete oral and written instructions and demonstration to the alarm subscriber as to the proper care and use of any such alarm or alarm system and shall make available for review to the chief of police at his request a current copy of all such written instruction.

1. Instruction shall be available in an appropriate language to all subscribers, who use a language other than English as their primary means of communication.

2. It is unlawful for any subscriber to leave any alarm or alarm system in the care, custody, or control of any non-English speaking person who does not have immediately at hand instructions described in subdivision 1.

C. Automatic Shut-off Requirements. All alarm systems, with the exception of required fire alarm systems, that incorporate an audible alarm as all or part of the system shall include a device which will limit the generation of the audible sound portion of the system to not longer than ten minutes.

1. Each user of an alarm which is not serviced on a twenty-four-hour basis by an alarm business, shall notify the police department of:

a. The name and the telephone number at which the person in charge of the premises may be reached at any time of the day or night; and

b. The name and telephone number of an alternate responsible person who may be reached to turn off the alarm at all other times that the person listed in paragraph (1)(a) of this subsection is absent or otherwise unavailable.

2. The alarm business or the above listed person, as appropriate, shall deactivate any alarm within thirty minutes of notification that such alarm has been activated or is ringing.

3. The ringing of an alarm for a period in excess of thirty minutes after such notification or reasonable efforts of notification have been is declared to be a public nuisance. (Ord. 92-14 § 1, 1992; prior code § 5.30.040)

Each police and/or fire alarm user shall maintain a current information card with the police department containing his name, address and telephone number, as well as the name, address and telephone number of a person or persons who can render service to the alarm within one hour after being called at any hour of the day or night. Each alarm business permittee and alarm user permittee shall immediately inform the police department of any and all changes in the information on file pursuant to information required by this section. (Prior code § 5.30.050)

It is unlawful for anyone to activate any police alarm system for the purpose of summoning police or fire department personnel except in the event of what is reasonably believed to be an unlawful act likely to produce great bodily harm and/or an unauthorized entry into any building, structure or facility and/or a fire emergency. (Prior code § 5.30.060)

No person shall use or cause or permit to be used, or engage in the business of providing any telephone device or telephone attachment that automatically selects a public primary telephone trunk line of police communications center or the fire department communications center and then reproduces any pre-recorded message to report any robbery, burglary, fire or other emergency. No person shall install, maintain, use or permit to be used, or engage in the business of providing any robbery, burglary or fire emergency alarm system which automatically or semi-automatically terminates in any private establishment or telephone answering service, and which is relayed by the recipient of the alarm by a telephone call to the communications center of the police or fire department without first having obtained a written permit from the chief of police or fire chief. (Prior code § 5.30.070)

No person shall engage in, conduct or carry on an alarm business within the city without first applying for and receiving a city business license therefor in accordance with the provisions of this chapter. (Prior code § 5.30.080)

No person shall possess or use a residential or commercial alarm system within the city without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. (Ord. 92-14 § 6, 1992: prior code § 5.30.090)

The provisions of this chapter are not applicable to audible alarms affixed to automobiles. (Prior code § 5.30.100)

The issuing authority shall be in the finance department. (Prior code § 5.30.110)

The approving authority for police alarms (burglary) shall be the chief of police or his designee. Fire alarms shall be approved by the fire chief or his designee. (Ord. 92-14 § 2, 1992: prior code § 5.30.120)

Applications for all permits required under this chapter shall be filed with the finance 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 finance 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 system 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. (Prior code § 5.30.130)

A. The police chief and fire chief shall conduct an appropriate investigation of all applicants to determine whether said permit shall be issued. The police chief and fire chief may require additional information of applicants which he deems necessary to conduct his investigation. The police chief and fire chief may dispense with the investigation of any applicant upon being furnished with an authenticated copy of a current permit used by another governmental agency located in the county or issued by a department of the state. The permit shall be denied by the police chief or fire chief if:

1. The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; or

2. The applicant for the alarm business permit does not comply with the standards and regulations adopted pursuant to Section 5.24.040 of this chapter; or

3. The applicant, his employee or agent has knowingly made any false, misleading or fraudulent statements 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

4. That the applicant has 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. (Prior code § 5.30.140)

A. After the effective date of the ordinance codified in this chapter, no police or fire alarm system shall be installed within the city without first obtaining a permit for such system from the finance office, and no permit shall be issued for the installation unless the system is found to comply with all standards and/or regulations adopted pursuant to Section 5.24.040. A permit may be applied for either by the owner or the installing alarm business. Application for an alarm system permit or permit renewal shall be filed with the chief of police for police alarms and the fire chief for all fire alarms.

The initial application fee for an alarm system permit shall be twenty-five dollars. Each permit shall be valid for one year from the date of issuance. Depending on when the application fee is paid, it shall be prorated at six months. Alarm permits must be renewed each year on October 1st. The annual renewal fee shall be twenty dollars. No permit shall be issued or renewed for any person until all alarm system permit fees and service charges due and owing are paid.

A building permit may be required for the installation or modification of an alarm system in addition to this alarm permit. It is the applicants responsibility to obtain all required permits.

The purpose of the annual renewal is to allow for the continuous updating of alarm holder records. This information is essential for police and fire records. The information is contained on emergency notification cards within the computer-aided dispatch system to allow police and fire personnel to contact responsible persons for the alarm system when activated. Renewal forms must be filled out and submitted with the payment of the annual renewal fee. (Ord. 92-14 § 3, 1992: prior code § 5.30.150)

The United States government, the state, counties, municipal corporations, departments thereof and other governmental entities are exempt from all fees by this chapter. (Prior code § 5.30.320)

A. After any false alarm caused by any malfunction of an alarm system, the permitholder for the system or other person responsible for maintaining the system shall cause the alarm system to be repaired so as to eliminate the cause of the malfunction before the system is reactivated.

B. Every holder of an alarm system for which a permit has been issued pursuant to this chapter, or where no such permit has been issued, the owner, lessee, or other person responsible for maintaining the alarm system, shall be assessed a false alarm fee to reimburse the city for the cost of the police or fire department personnel and equipment deployed in response to a false alarm, in such amounts as established and amended from time to time by resolution of the city council.

C. False alarm fees are due and payable upon receipt of an invoice therefor from the city. Any such fee is delinquent if unpaid thirty (30) days after the date of the invoice. Any fee that becomes delinquent shall be subject to a monetary penalty as follows:

1. Thirty-one (31) days after the date of invoice, a penalty of ten percent (10%) of the fee shall be added, plus, commencing each month thereafter, an additional penalty of ten percent (10%) of the original fee shall be added, up to a maximum penalty amount not to exceed fifty percent (50%) of the original invoiced amount.

2. Failure to pay any invoice, with all accrued penalties, within ninety (90) days of the date of the invoice shall authorize the city to suspend or revoke the alarm permit subject to the procedures set forth in Section 5.24.200 of this Code and the appeal procedures set forth in Section 5.24.220 of this Code.

3. The city shall be authorized to utilize any and all legal means available to collect a past due invoice, including accrued penalties, and the same shall be deemed to be a debt on a written contract. In the event the city is required to institute any legal action to recover such costs, it shall be entitled to recover its reasonable attorney's fees and all other costs of collection.

D. After any false alarm in excess of six in any twelve (12) month period, the chief of police may notify the permitholder of the alarm system of the police department's intention to suspend future law enforcement responses to subsequent alarms at the property using the system until the holder has offered satisfactory evidence of proof of correction of the system and has paid all false alarm fees and penalties duly assessed under this section. (Ord. O-2025-002 § 21, 2025; Ord. 92-14 § 4, 1992: prior code § 5.30.160)

Police. In the event any police alarm system within the city activates six or more false alarms within three hundred sixty-five days, the chief of police may suspend or revoke the permit issued for such alarm and is declared to be a public nuisance subject to judicial abatement or abatement under the procedures prescribed under Chapter 8.20 of this code.

Fire. In the event of temporary failure of a required fire alarm system or an excess number of accidental alarm activations, the fire chief is authorized to require the building owner or occupant to provide standby personnel as set forth in Section 25.117 of the Uniform Fire Code until the system is restored.

A. Reinstatement of System. Any system suspended under Section 5.24.190 may be reinstated only by written request to the city administrator and payment of a non-refundable fee of one hundred dollars to the finance office.

B. The city administrator shall receive evidence regarding the causes for excessive false alarms, and the alarm user may offer evidence as to any changes made to the system to discontinue false alarms. Within forty-eight hours, the city administrator shall issue this decision as to whether the changes made by the user are such that the system shall be reinstated. The city administrator may provide in his decision that reinstatement will be allowed only upon certain additional changes being made in the system and the payment of appropriate service charges.

C. The city administrator shall submit a written report which shall contain a brief summary of the evidence considered, finding of fact and his recommendations and decisions. The city administrator shall transmit said decision to the police chief and/or fire chief who shall comply with such decision. (Ord. 92-14 § 5, 1992; prior code § 5.30.170)

The following shall constitute additional grounds for the suspension, revocation and disconnection of a system and/or permit issued under this chapter:

A. The violations of any of the provisions of this chapter; or

B. The failure to comply with standards or regulations adopted pursuant to Section 5.24.040; or

C. Where an alarm business permittee or alarm agent is convicted of a crime involving moral turpitude or where the character, reputation or moral integrity of the permit holder or his employee is determined to be inimical to public safety or the general welfare of the community; or

D. Where the applicant or permittee, his 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 the city agency; or

E. Where the applicant or permittee 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. (Prior code § 5.30.180)

A. The police chief and/or the fire chief in the case of a suspension, revocation or disconnection under Section 5.24.170, Section 5.24.180 or Section 5.24.190 of this Code, shall serve the permittee with a written order of such decision, which shall state the reasons therefor. The order shall be effective immediately if personally served, or forty-eight hours after same has been deposited with the United States Postal Service.

B. Immediately upon such order becoming effective, neither the police department nor the fire department shall respond to any alarm from such suspended system, and the permittee shall discontinue the use of such system and cease all operations conducted under the authority of any permit issued pursuant to this chapter. (Ord. O-2025-002 § 22 (part), 2025; Prior code § 5.30.190)

Any suspension under this chapter shall become a revocation after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Section 5.24.220 of this Code. (Ord. O-2025-002 § 22 (part), 2025; Prior code § 5.20.200)

Any person aggrieved by a decision with reference to the approval or denial of an application for a permit or renewal of such permit, the suspension or revocation of a permit, or the assessment of a false alarm fee or penalty shall have the right of appeal. An appeal must be submitted within fifteen (15) days after notice of the decision or order of suspension or within fifteen (15) days after the date of the invoice for a false alarm fee by filing with the finance office a letter of appeal briefly stating therein the basis for such appeal and where notice can be mailed to the appellant, together with a non-refundable filing and processing fee in a sum established by resolution of the city council. (Ord. O-2025-002 § 22 (part), 2025; Prior code § 5.30.210)

Failure to file a letter of appeal within the said fifteen days constitutes a waiver of appellant's right to a hearing. (Prior code § 5.30.220)

The time and place of the hearing of such appeal shall be set at a date no more than fifteen days after receipt of the letter of appeal. The city administrator shall act as the hearing officer for the appeal. The appealing party and any other person requesting notice shall be given at least five days' notice of the time and place of such hearing by notice mailed first class United States mail to the address given by the appealing party or person requesting notice. The notice shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held on _________, at the hour of __________ at which time you may show cause why the appeal which you have filed should be sustained.

(Prior code § 5.30.230)

At the time and place set for the hearing upon appeal, the appealing party and any other interested party shall be given a reasonable opportunity to be heard in order to show cause why the order being appealed from should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the order being appealed from. Within forty-eight hours after the conclusion of the hearing, the officer shall decide on the merits of the appeal and render a decision thereon. A copy of the decision shall be mailed to the appealing party. (Prior code § 5.30.240)

No permit issued under this chapter shall be assignable. (Prior code § 5.30.250)

If any permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the finance office. (Prior code § 5.30.260)

The information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the content thereof shall not be known except to persons charged with the administration of this chapter. (Prior code § 5.30.310)

Upon the suspension, revocation or disconnection of any alarm system under this chapter, the city shall be relieved of all responsibility of responding to any alarm other than the notification by an individual in direct contact with the police or fire department of an emergency situation on the alarm user's property. (Prior code § 5.30.280)

The conviction or punishment of any person for violation of the provision 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 for such conviction, nor shall payment of any permit fee prevent 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. (Prior code § 5.30.290)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not exceeding six months, or both fine and imprisonment. (Prior code § 5.30.270)