Chapter 7.28 — SECURITY AND FIRE ALARM SYSTEMS

This chapter is known and may be cited as the security and fire alarm ordinance. (Ord. 560 § 3, 2019)

The purpose of this chapter is to regulate security and fire alarm systems to protect the public health, safety and welfare of the City and its residents. It is also the purpose of this chapter to provide a system for recovering costs incurred by the City in responding to false alarms from security and fire alarm systems. The volume and frequency of false alarms threatens the welfare of the public by causing a significant impact on limited law enforcement and Fire Department resources. The unnecessary waste of tax dollars through response to continued false alarms must be reduced.

(Ord. 560 § 3, 2019)

The following words and phrases, when used in this chapter, have the meanings in this section unless, from the context, a different meaning is intended or specifically defined:

"Alarm agent" means any person who is self-employed or employed directly or indirectly by an alarm business whose duties include, but are not limited to, selling, maintaining, installing, monitoring, servicing, repairing, altering, replacing, or taking over any alarm system. This definition does not apply to local safety officers as defined in Government Code Section 20424.

"Alarm business" means any entity who engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service security or fire alarm systems, or who responds to security or fire alarm systems. Alarm business, however, does not include a business which merely sells from a fixed location or manufactures security or fire alarm systems unless such business services, installs, monitors or responds to security or fire alarm systems at the protected premises. Alarm business also does not include a property owner or property manager of an apartment complex who provides security alarm systems in each residential unit as an amenity.

"Alarm user" means any person who owns, leases, operates, possesses, or controls a security or fire alarm system, or who occupies, controls, or possesses a building or structure protected by a security or fire alarm system.

"Audible alarm" means a security or fire alarm system designed to emit an audible sound outside of the protected premises to alert persons of an unauthorized entry on the premises or of the commission of an unlawful act.

"Direct contact service" means a device which is connected to a telephone line and upon activation of the security alarm system automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response.

"False alarm" means: (1) the activation of a security alarm system due to other than an unauthorized intrusion on the premises or the commission or attempted commission of an unlawful act, which the security alarm system is designed to detect; or (2) the activation of a fire alarm system designed to detect fires or other similar emergency event when no such danger exists. Activation of a security or fire alarm system caused by any malfunction of telephone line circuits or violent natural catastrophic conditions does not constitute a false alarm unless activation is the result of the alarm user's failure to correct any malfunction within the alarm user's control.

"Fire alarm system" has the same meaning as the definition provided in Chapter 11.18.

"Security alarm system" is any device designed for the detection of an unauthorized entry on the premises or for alerting others of the commission of an unlawful act or both, and when activated emits an audible or silent signal or message and to which police are expected to respond. It includes devices that emit a signal within the protected premises only and supervised by the proprietor of the premises where located, and otherwise known as a proprietary alarm. Auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system are not included in the definition. (Ord. 560 § 3, 2019)

It is unlawful to use a security alarm system for purposes other than those purposes stated in the application required by Section 7.28.060. (Ord. 560 § 3, 2019)

• A. Alarm Business. It is unlawful for any person to operate an alarm business in the City without obtaining a City business license as set forth in Chapter 4.02 and filing with the City a copy of such person's valid State license as required by the State of California.

• B. Alarm Users. It is unlawful for any alarm user to own, possess, install, lease, or operate a security alarm system in the City without obtaining an alarm permit as required in this chapter.

• C. Alarm Agents. It is unlawful for any person not registered as an alarm agent with the State of California to perform any duties of an alarm agent.

• D. If an alarm business or alarm agent uses a security alarm system to protect its premises, it must obtain an alarm permit as required in this section.

• (Ord. 560 § 3, 2019)

• A. It is unlawful for any person to own, possess, install, lease or use a security alarm system without a separate alarm permit issued by the issuing officer for each security alarm system and each alarmed building. An alarm permit is required for every address where a security alarm system is in use. If an alarm user has one security alarm system protecting more than one address, a separate permit is required for each address.

• B. The permit application required under subsection A must state: the number of security alarm systems; the alarm user's name; the address of the premises in or upon which the security alarm system has been or will be installed; user telephone number; the alarm business or operators selling, installing, monitoring, inspecting, responding to and/or maintaining the security alarm system; and, the name and telephone number of at least two persons who can be reached at any time, day or night and who are authorized to respond to an alarm signal and who can open the premises in which the system is installed; any other information required by the City. Each permittee must notify the issuing officer within 10 days after any change in the information submitted pursuant to this subsection B.

• C. Any person holding an alarm permit must notify the City of any changes to the information provided in the application required by this section within 10 days after such changes.

• D. An alarm permit is valid for an indefinite period unless there is a change in alarm user, address location of the security alarm system, type of alarm permit or unless an alarm permit is revoked under the provisions of Section 7.28.090, in which case a new permit is required within 10 days from the date such change or revocation occurs or an application for a new permit and the appropriate fees paid.

• E. Alarm permits are not transferable from person to person or from one location to another location.

• F. If a property owner or property manager of an apartment complex or similar multi-unit residential building provides security alarm systems in each residential unit, the owner or property manager must ensure that the alarm user in each unit obtains an alarm permit.

• (Ord. 560 § 3, 2019)

• A. No person may cause, allow, facilitate, generate, or permit the occurrence of a false alarm.

• B. An alarm user who causes, allows, facilitates, generates, or permits a false alarm is liable to the City for the fees established by resolution of the City Council, and if no fee is established by resolution of the City Council, then, beginning with the third violation, in amounts consistent with fines levied in administrative citations pursuant to Chapter 1.08.

• C. An alarm user who violates subsection A of this section must correct or remove the cause of the violation immediately or within a longer time period specified by the City.

• (Ord. 560 § 3, 2019)

The determination of whether a false alarm occurs is made by the Sheriff's Department for security alarm systems and by the Fire Chief for fire alarm systems. (Ord. 560 § 3, 2019)

• A. In addition to any remedies available for a violation of this code, the issuing officer may revoke a license or permit issued pursuant to this chapter for the following reasons:

  1. Violations of this chapter;

  2. Failure to notify the issuing officer of any changes in the written license or permit information within the time limits provided by Section 7.28.060;

  3. Failure to pay the fine imposed for violations of this chapter within 30 days of demand;

  4. Failure to comply with any citation issued by the City for a violation of this chapter;

  5. Six or more false alarms within any 12-month period.

• B. Following revocation of a permit issued pursuant to this chapter, the alarm system may not be used until a new application is filed and a new permit is issued. A new permit will only be issued upon a determination by the issuing officer that the underlying causes of the revocation as specified in subsection A of this section have been fully remedied, removed, or otherwise corrected and all fees have been paid.

• (Ord. 560 § 3, 2019)

An alarm user must terminate the emission of an audible signal within 30 minutes of its being activated. The Sheriff has the right to take such steps as may be necessary and reasonable to disconnect any audible alarm that is not terminated within 30 minutes. (Ord. 560 § 3, 2019)

No person may equip a security alarm system with a direct contact device or any direct line equipment which, when activated, will automatically dial a telephone number in or signal directly any office of the Sheriff's Department. (Ord. 560 § 3, 2019)

The owner of every audible alarm system must post in a readily identifiable location the names and telephone numbers of persons to be notified to render repairs or service 24 hours a day. (Ord. 560 § 3, 2019)

The City has no duty or obligation to a permittee or any other person by reason of any provision of this chapter.

(Ord. 560 § 3, 2019)

It is the responsibility of the alarm business or the alarm agent or both to inform their respective security alarm system users of the provisions of this chapter. An alarm business may obtain the necessary permits for the alarm user.

(Ord. 560 § 3, 2019)

To the extent authorized by State law, the information furnished to the City pursuant to this chapter will be confidential in character and will not be subject to public inspection and will be kept so that the contents thereof will not be known except to persons charged with the administration of this chapter.

• (Ord. 560 § 3, 2019)

The provisions of this chapter do not apply to the following:

• A. Alarm systems used by the Federal Deposit Insurance Corporation insured institutions, or to alarm systems affixed to automobiles, boats, boat trailers, recreational vehicles and aircraft;

• B. To municipal, County, State and Federal agencies;

• C. Personal medical alarm systems.

• (Ord. 560 § 3, 2019)