San Joaquin Municipal Code Ch. 95 Alarm Systems

(A) For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

ALARM AGENT. A person employed by an alarm company operator whose duties include altering, installing, maintaining, moving, repairing, replacing or servicing an alarm system.

ALARM COMPANY OPERATOR. Any business operated for any consideration whatsoever, engaged in the installation, maintenance, alteration or servicing of alarm systems or which responds to the alarm systems. ALARM COMPANY OPERATOR shall not include a business which merely sells from a fixed location or manufacturers alarm systems unless the business services, installs, monitors or responds to alarm systems at the protected premises.

ALARM SYSTEM. Any assembly of equipment and devices arranged to signal the presence of a hazard and which is intended to evoke a response from law enforcement agencies.

AUDIBLE ALARM SYSTEM. An alarm system which emits a sound which can be heard by persons outside the building, structure or facility which is protected by the alarm system.

BURGLAR ALARM SYSTEM. An audible or silent alarm system signaling the entry or attempted entry into an area protected by the system.

DIRECT DIAL DEVICE ALARM SYSTEM. An alarm system used with a device which is connected to a telephone line and upon activation of an alarm system automatically dials a predetermined telephone number and transmits a message of signal indicating a need for emergency service.

DISTURBANCE ALARM SYSTEM. An alarm system signaling the existence of an act amounting to a breach of the public peace at the time of alarm activation.

INAUDIBLE or SILENT ALARM SYSTEM. An alarm which transmits a message or signal to another location and is intended to evoke a response from law enforcement agencies.

PROPRIETARY ALARM SYSTEM. An alarm system sounding or recording alarm and supervisory signals at a control center being under the supervision of the proprietor of the protected premises.

ROBBERY ALARM SYSTEM. An alarm system signaling a robbery or attempted robbery in an area protected by the system.

(B) The following are not included within the definition of alarm systems as used in this chapter:

(1) Audible alarms affixed to motor vehicles, boats, boats and trailers, recreational vehicles and other such mobile units;

(2) Alarm systems which do not alert law enforcement agencies or others outside the protected building, structure or facility, but are designed solely to alert security personnel or others directly connected with or employed by the owner or operator of the protected location; and

(3) Fire alarm systems:

ALARM USER. Any person who owns, leases, rents or otherwise controls the installation, maintenance or use of an alarm system in any mariner in any building, structure or facility wherein an alarm system is maintained with the city.

FALSE ALARM. The activation of an alarm system was by causes other than the commission or attempted commission of an unlawful act for which the alarm system was designed to detect. An alarm system which is activated by an extraordinary act of nature or by other extraordinary circumstances beyond the control of the alarm user shall not be considered a FALSE ALARM.

(1994 Code, § 8.04.010) (Ord. 82-102, passed - -1982)

Alarm agents shall register their names and file a copy of their state identification cards with the Sheriff.

(1994 Code, § 8.04.012) (Ord. 82-102, passed - -1982)

Every alarm company operator or agent performing activities as an alarm company operator or agent within the city shall maintain a complete list of the names and addresses of all persons to whom alarm systems have been sold, or for whom service contracts have been executed for all sales or contracts made after 1-1-1982. The records shall be open for inspection during regular business hours to duly authorized personnel of the Sheriff for the purpose of enforcement of this chapter. Records shall be maintained for a period of three years front the date of sale or commencement of the service contract.

(1994 Code, § 8.04.030) (Ord. 82-102, passed - -1982)

Every commercial or residential alarm user who uses an audible alarm system shall post a notice containing the name and telephone number of an alarm business which has agreed in writing to render repairs or service and to secure the premises during any hour of the day or night that the burglar or other alarm system is activated, or the names and telephone numbers of at least two persons to respond to the location upon request by the Sheriff. The notice shall be posted in the manner and in the location as to be legible to responding law enforcement personnel.

(1994 Code, § 8.04.040) (Ord. 82-102, passed - -1982)

The following acts are prohibited with respect to use of alarm systems and it is unlawful.

(A) For any person to report, by means of activating an alarm system, to the Sheriff, any city officer or employee, or persons contracting with the city to provide emergency services, that an emergency exists, knowing that the report is false. The term EMERGENCY means any condition which results in, or which could result in, an immediate response by the Sheriff, any city officer or employee, or persons contracting with the city to provide emergency services as ambulance services, or any condition which jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle or any other place which any individual may enter;

(B) For any person to possess, install, maintain or activate within the boundaries of the city an audible alarm system, which, when activated, emits a sound similar to that of an emergency vehicle siren or a civil defense warning system. Possession, or activation, of the audible alarm system, is declared to be a public nuisance and may be abated as provided in § 95.07; and

(C) For any person to utilize or otherwise employ a direct dial device alarm system which automatically dials any telephone number at any office of the County Sheriff's Department.

(1994 Code, § 8.04.050) (Ord. 82-102, passed - -1982) Penalty, see § 10.99

The City Council declares and finds that three or more false alarms within a 30-day period, five or more false alarms within a 90-day period or seven or more false alarms within a 180-day period, whichever occurs earliest, shall constitute a public nuisance and a hazard to the health, safety, public peace and welfare of the residents of the city for the following reasons:

(A) False alarms constitute a danger to life and property in that the ability of law enforcement to respond to actual crimes is diminished by the false alarms;

(B) Law enforcement personnel and equipment, as well as innocent citizens, may be severely harmed or injured, or run the risk thereof, as the result of law enforcement responding to a robbery, burglary or other alarm activated to evoke emergency response from law enforcement personnel; and/or

(C) False alarms which are audible and which arc activated without just cause disturb the peace and tranquility of urban and suburban neighborhoods in derogation of individual rights of quiet use and enjoyment of residential dwellings.

(1994 Code, § 8.04.060) (Ord. 82-102, passed - -1982)

Public nuisances, as defined herein, may be abated as provided in Cal. Civil Code § 3491 and Cal. Code of Civil Procedure § 731. In addition, the Sheriff may summarily abate audible false alarms where reasonably necessary to protect the health, safety, public peace and welfare of the residents within the city, after taking reasonable measures to contact any responsible party to terminate an audible alarm system, and after the system has continued unabated in excess of one hour or is ascertained to have no automatic shut-off alarm device.

(1994 Code, § 8.04.070) (Ord. 82-102, passed - -1982)

The cost of abatement of a public nuisance, as defined herein, shall be borne by the person, or persons, responsible for maintaining the nuisance. The cost may be collected and apportioned by levying a special assessment against the parcel of land of the person, or persons, maintaining or otherwise responsible for maintaining a public nuisance.

(1994 Code, § 8.04.080) (Ord. 82-102, passed - -1982)

The Sheriff is designated the chief enforcing officer of this chapter and shall conduct premises inspections as necessary to ensure compliance with this chapter pursuant to the right of entry for the inspections as specified in Cal. Code of Civil Procedure §§ 1822.50 et seq.

(1994 Code, § 8.04.090) (Ord. 82-102, passed - -1982)