Sanger Municipal Code § 26-28 Penalties

Footnotes:

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Cross reference— Buildings and building regulations, ch. 14; false fire alarms, § 38-3.

The purpose of this article is to set forth regulations governing burglary, robbery and other law enforcement alarm systems; to reduce false alarms; to require registration of alarm systems; and to authorize the collection of fees.

(Code 1960, § 5.231)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm agent means a person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to or causing others to respond to an alarm system in or on any building, structure or facility in the city.

Alarm business means a business engaged in the sale, lease, maintenance, service, repair, alteration, replacement, installation or monitoring of alarms in or on any building, place or premises.

Alarm owner means the person who uses an alarm system or makes it available for use by others.

Alarm system means an assembly of equipment and/or devices arranged to signal the presence of a hazard requiring urgent attention and to which police units are expected to respond. Alarm systems include, but are not limited to, direct dial tone devices, audible alarms and proprietor alarms. Devices not arranged to evoke a police emergency response or to register alarms not audible, visible or perceptible outside of the protected building, structure or facility, are not alarm systems within the meaning of this section.

Appellant means a person who files an appeal pursuant to this article.

Applicant means a person who files an application for an alarm permit as provided for in this article.

Audible alarm means a device which generates an audible sound at the location of the protected premises which is intended to elicit an emergency services response to the protected premises.

Burglar alarm means an alarm designed for detection of the unauthorized entry or attempted entry on or into a premises or structure.

Direct dial device means a device connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating the need for a police emergency response.

False alarm means the activation of an alarm system eliciting a response by the police department where the emergency situation for which the alarm system was designed or used does not exist.

Proprietor alarm means an alarm not regularly serviced by an alarm business.

Robbery alarm means an alarm which is activated manually by the alarm owner for the purpose of notifying law enforcement of a robbery as defined in Penal Code § 211.

Silent alarm means an alarm which transmits a signal to an off premise location to indicate that an emergency situation exists to which police are expected to respond.

(Code 1960, § 5.232; Ord. No. 921, § 1, 11-3-94)

Cross reference— Definitions and rules of construction generally, § 1-2.

Violations of this article shall be deemed an infraction and shall be punishable as follows:

(1) Installing or using an alarm system without a permit, or using an alarm system after revocation or suspension of a permit .....$100.00

(2) Failure to take corrective action as required in section 26-36 ..... 100.00

(3) Operating an audible alarm without an automatic reset ..... 100.00

(4) Operating an alarm system which utilizes a direct dial de-vice to the city police department ..... 250.00

(5) Installing or using an alarm system installed after May 31, 1987, which, upon activation, emits a sound similar to sirens in use by police or fire emergency vehicles or for civil defense purposes ..... 250.00

(6) Failing to maintain a current and accurate listing with the police department of two persons to be notified to render repairs or service to an alarm system, as required in section 26-30 ..... 100.00

(Code 1960, § 5.240)

The provisions of this article are not applicable to audible alarms affixed to motor vehicles or to public utilities which furnish utility services pursuant to tariffs on file with the state public utilities commission.

(Code 1960, § 5.245)

(a) No person shall install or use an alarm system without first obtaining an alarm permit issued by the city in accordance with the provisions of this section.

(b) Application for an alarm permit shall be filed with the chief of police or his designee on forms provided by the city. The application shall be signed and verified by the owner or user of the alarm system for which the permit is requested and the owner or occupant of the premises in which the alarm system is to be installed. The application shall contain such information as may be required by the chief of police in order to ensure that the permit is issued in accordance with the provisions of this section. No fees shall be collected for issuing alarm permits.

(c) The permit shall include the following: the names, addresses and telephone numbers of at least two persons to be notified to respond to an alarm activation any hour of the day or night during which the alarm is in operation. This information shall be kept current and updated during all times that the alarm permit is in effect; the name, address and telephone number of an alarm business/technician to be contacted by the police department to deactivate an alarm which did not terminate within the times provided for in section 26-32; a release of liability authorizing the police department to deactivate an audible alarm which did not terminate within the times provided for in section 26-32.

(d) An alarm permit may be suspended and/or revoked for violation of any provisions of this article.

(e) The city shall send to the permittee, by registered or certified mail, return receipt requested, notice of intent to revoke or suspend the alarm permit.

(f) The notice shall specify the reasons and violations upon which it is based, and it shall advise the permittee that unless an appeal is filed with the city manager within 15 days, the proposed revocation or suspension will go into effect.

(g) The notice of appeal shall set forth the facts and reasons upon which the appeal is based. The notice of appeal shall be filed not later than 15 days after service of the notice of intent to revoke or suspend the alarm permit.

(h) The city manager shall, within 15 days of the date on which the appeal is filed, hold an informal administrative hearing, at which he shall consider all relevant evidence, make findings and determine the merits of the appeal. Technical rules of evidence shall not apply to such hearings. The city manager may affirm, overrule or modify the proposed suspension or revocation, and the decision of the city manager shall be final.

(i) In the event a premises served by an alarm sustains more than six false alarms within a 12-month period, the premises will be placed and remain on an alarm non-response list until such time as all fines and/or fees are paid, a proof of correction has been submitted to the chief of police and a new alarm permit has been issued for such premises.

(j) This article is subject to judicial review pursuant to Code of Civil Procedure § 1094.6.

(Code 1960, §§ 5.233—5.236; Ord. No. 921, § 2, 11-3-94)

No person shall install or use any alarm system equipped with a direct dial device, which, when the alarm is activated, automatically dials a telephone number in an office of the city police department.

(Code 1960, § 5.237)

(a) All audible alarms installed after May 31, 1987, shall be adjusted so that they automatically terminate within 15 minutes of being activated.

(b) All audible alarms installed on or before May 31, 1987, shall be adjusted so that they automatically terminate within 30 minutes of being activated.

(Code 1960, § 5.238)

Alarm permits shall not be issued for alarm systems installed after May 31, 1987, which, upon activation, emit a sound similar to sirens in use by police or fire emergency vehicles or civil defense purposes.

(Code 1960, § 5.239)

(a) The city council finds that false alarm cost recovery fees, including the costs of deactivating audible alarms which fail to terminate within the times prescribed in section 26-32, are necessary in order to defer the costs of police responses to excessive false alarms. Those fees shall be established by council resolution.

(b) Cost recovery fees shall be imposed on premises which experience more than three false alarms within any 12-month period.

(c) False alarm cost recovery fees may be included on the bill for city license taxes, but shall not be construed, for any purpose, as a "tax."

(Code 1960, § 5.241; Ord. No. 921, § 3, 11-3-94)

Fees authorized in this article shall be in addition to any other fees imposed by the city for doing or conducting businesses within the city.

(Code 1960, § 5.242)

(a) In the event a false alarm is responded to by officers of the police department, the chief of police may require the alarm permittee to file, within ten days, a written report of the corrective action taken to eliminate the cause of the false alarm.

(b) If a permittee sustains more than six false alarms within any 12-month period, the city, in addition to the false alarm cost recovery fees authorized in section 26-34, may commence alarm permit revocation proceedings.

(Code 1960, § 5.243; Ord. No. 921, § 4, 11-3-94)

The city is under no obligation or duty to any permittee or other person by reason of any provision of this article, or the exercise of any privilege by any permittee under this article including, but not limited to, delays in transmission of an alarm message to an emergency unit or delays in responding to an alarm by a city officer, employee or agent.

(Code 1960, § 5.244)

Editor's note— Ord. No. 921, § 5, adopted Nov. 3, 1994, set out provisions repealing § 26-38, which pertained to compliance and derived from Code 1960, § 5.246.