Shasta County Municipal Code Ch. 5.25 Alarm Systems

This chapter shall be known and cited as the Shasta County alarm systems ordinance. The purpose of this chapter is to establish standards and controls to reduce the incidence of false alarm calls responded to by the Shasta County sheriff's office, and to provide for the regulation of alarm systems to ensure the most efficient use of law enforcement resources for the detection and prevention of crime in the unincorporated areas of Shasta County.

(Ord. 2005-3 § 1 (part), 2005)

For the purposes of this chapter, the following definitions shall apply:

"Alarm business" means any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring any alarm system or panic alarm, or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed, or monitored an alarm system or panic alarm in or on any building, place, or premises.

"Alarm system" means any mechanical or electronic device designed for the detection of an unauthorized entry on a premises, or for alerting others of the commission of an unlawful act on a premises, or both, which, when actuated, emits a sound or transmits a signal to indicate that an emergency exists, and to which law enforcement officers are expected to respond. The following devices shall not constitute an alarm system within the meaning of this chapter:

1. Alarm devices affixed to motor vehicles;

2. Fire or smoke sensor alarm systems or detectors when such systems are not used as intrusion detection devices or alarm systems;

3. Emergency medical crisis alarms when such systems are not used as intrusion detection devices or alarm systems; and

4. Alarm devices installed on a temporary basis by the Shasta County sheriff's office.

"Alarm system user" means a person contracting with an alarm business for the purchase, installation, lease, servicing, or maintenance of an alarm system or panic alarm.

"Answering service" means a telephone answering service providing or relaying messages to the sheriff's office for a response to an activated alarm system or panic alarm.

"Audible alarm system" means a device designed to notify persons in the immediate vicinity of protected premises, by emission of an audible sound, of an unauthorized entry onto the premises or of an emergency.

"Automatic dialing device" means an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of an event that an alarm system or panic alarm is designed to detect or warn of.

"Central station" means a privately owned and operated office or facility to which alarm systems or panic alarms are connected, where operators supervise the operations of the alarm circuits, and where personnel are continuously present to investigate alarm signals.

"Direct line" means a telephone line leading directly from a central station to the communication center of the sheriff's office, used only to report the occurrence of an alarm system or panic alarm signal on a person-to-person basis.

"Emergency" means the commission or attempted commission of a robbery, burglary, or felony.

"Excessive false alarms" mean more than two false alarms within any three hundred sixty-five day period actuated by an alarm system, or more than one false alarm within any three hundred sixty-five day period actuated by a panic alarm.

"False alarm" means an alarm signal which causes a response by the Shasta County sheriff's office when a situation requiring a response does not, in fact, exist. A false alarm does not include:

1. An alarm signal activated by earthquake or extraordinary weather conditions; or

2. An alarm signal caused by the action of some person other than:

a. The Permittee. For the purposes of this provision, the term permittee shall include officers, agents, employees, independent contractors, visitors and invitees of the permittee, and any other person subject to the direct or indirect control of the permittee,

b. The person who installed, connected, operated, maintained, or serviced the alarm system, or

c. The manufacturer of the alarm system, including the manufacturer's officers, agents, employees, independent contractors, and any other person subject to the direct or indirect control of the manufacturer.

"Felony" means a crime which is punishable by death or by imprisonment in state prison.

"Interconnect" means to connect an alarm system or panic alarm to a telephone line for the purpose of using the telephone line to transmit a message upon the activation of an alarm system or panic alarm.

"Modified central station" means a privately owned and operated office or facility to which alarm systems or panic alarms are connected, where operators supervise the operations of the alarm circuits, but where personnel are not continuously present to investigate alarm signals.

"Panic alarm" means any electrical or mechanical device designed to enable a person to instantly send a signal of the existence of an emergency.

"Permittee" means a person to whom an alarm system permit has been issued pursuant to this chapter.

"Person" means any natural person, partnership, corporation, or other legal entity.

"Primary trunkline" means a telephone line leading directly into the sheriff's communication center, including 911 emergency lines, for the purpose of handling calls on a person-to-person basis, which is identified as such by a specific telephone number.

"Response" means and occurs when an officer or employee of the sheriff, a fire suppression agency, an ambulance service, or a law enforcement agency is dispatched or sent to a premises where an alarm system or panic alarm has been activated. In order for a response to occur, it is not necessary that an officer or employee of the sheriff, a fire suppression agency, an ambulance service, or a law enforcement agency actually arrive at the premises where an alarm or alarm system has been activated.

"Revocation" means the termination of an existing alarm system permit. Upon the revocation of an alarm system permit, the permittee must reapply for a new alarm system permit.

"Sheriff" or "sheriff's office" means the Shasta County sheriff's office.

"Special trunkline" means a telephone line leading to the sheriff's office and having the primary purpose of handling signals or messages originating through a central station, modified central station, or answering service.

"Suspension" means a period of time during which an alarm system permit issued pursuant to this chapter is no longer valid. Upon the expiration of the suspension period, the alarm system permit is again valid, upon payment of a reinstatement fee, until it expires (unless it has expired during the term of the suspension), or is subsequently suspended or revoked.

(Ord. 2005-3 § 1 (part), 2005)

A. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an audible alarm system which emits a sound the same as, or similar to, sirens used on emergency vehicles or civil defense or fire department stationary sirens.

B. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an audible alarm system which emits a sound at a decibel level greater than that of the emergency vehicle sirens used by the sheriff.

C. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an audible alarm system which does not have a device which automatically shuts off the sound within fifteen minutes after the alarm is activated.

D. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an audible alarm system which is designed or equipped to automatically set itself.

E. It is unlawful for any person who has installed an audible alarm system which is affixed to a building or other structure to not post a notice containing the name and telephone number of the person to be notified to render repairs, services, or turn off the alarm when the alarm is activated. Such notice shall be posted within at least ten feet of the alarm in such a position as to be legible from the ground adjacent to the building or other structure.

(Ord. 2005-3 § 1 (part), 2005)

A. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an automatic dialing device interconnected to a primary trunkline of the sheriff's office.

B. Notwithstanding subsection A of this section, an automatic dialing device may be interconnected to a telephone line transmitting directly to:

1. A central station;

2. A modified central station; or

3. An answering service.

C. Notwithstanding subsection A of this section, messages may be relayed to the sheriff's office by a modified central station or an answering service over a special trunkline.

D. Notwithstanding subsection A of this section, messages may be relayed to the sheriff's office by a central station over a direct line.

E. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an automatic dialing device interconnected to a telephone company operator or a 911 operator.

(Ord. 2005-3 § 1 (part), 2005)

It is unlawful for any person to activate a panic alarm in the absence of an emergency.

(Ord. 2005-3 § 1 (part), 2005)

A. It is unlawful for any person to possess, maintain, activate, install, or permit the installation of an alarm system or panic alarm without a current, unsuspended, and unrevoked alarm system permit issued by the sheriff's office.

B. It is unlawful for an alarm business to install or connect an alarm system or panic alarm without obtaining from the permittee or the sheriff's office a copy of the current, unsuspended, and unrevoked alarm system permit, allowing for installation or connection at the premises.

C. It is unlawful for an alarm business to maintain an installed alarm system or panic alarm at particular premises when it has been notified in writing by the sheriff's office that the alarm system permit for that premises has been suspended, revoked, or not renewed. Notification shall be sent by first class mail to the last address of the alarm business provided to the sheriff's office by the permittee, and shall be deemed effective fifteen days after mailing. Nothing in this section shall preclude an alarm business from disconnecting an alarm system or panic alarm.

(Ord. 2005-3 § 1 (part), 2005)

A. Applications for alarm system permits, or the renewal thereof, shall be submitted to the sheriff on such forms as the sheriff may prescribe.

B. The sheriff may impose any reasonable condition upon the issuance of an alarm system permit.

C. Each alarm system permit application shall contain the following information:

1. The name, address, and telephone number of the person who will be the permittee, and the person(s) responsible for the maintenance and operation of the alarm system or panic alarm;

2. The location where the alarm system or panic alarm will be installed;

3. The name, address, and telephone number of the alarm business which will install the alarm system or panic alarm;

4. Classification of the alarm site as either residential or commercial;

5. Purpose of the alarm system or panic alarm;

6. Name, address, and telephone number of the person(s) who will respond or will cause a response to the alarm site when notified of an alarm;

7. A description of the automatic shutoff or reset feature of the alarm which will deactivate the audible portion of the alarm; and

8. Other information as may be required by the sheriff.

D. The sheriff shall deny an application for an alarm system permit if the sheriff determines any of the following:

1. All the information required by subsection C of this section has not been provided on the application form;

2. The applicant, or an employee or agent of the applicant, has knowingly made a false, misleading, or fraudulent statement of material fact in the application;

3. The applicant has failed to pay any required fee;

4. The applicant has had an alarm system permit revoked within twelve months of the date of the application;

5. That issuance of the alarm system permit is contrary to county ordinance (including county zoning ordinances) or state law.

(Ord. 2005-3 § 1 (part), 2005)

A. An alarm system permit shall expire three years after the date of issuance of renewal, unless otherwise suspended or revoked. The date of issuance or renewal shall be the date shown on the alarm system permit. A permittee may apply for a renewal of an alarm system permit in the same manner as provided in Section 5.25.070 of this chapter.

B. An alarm system permit shall be valid only as to the permittee and site named on the alarm system permit, and only for the particular alarm system and panic alarm specified on the alarm system permit. No alarm system permit may be transferred or assigned without the prior written approval of the sheriff.

C. Transfer of an alarm system permit, when approved by the sheriff, shall not affect the expiration date of the alarm system permit.

D. Transfer of an alarm system permit, when approved by the sheriff shall not effect an interruption or termination of a previously imposed period of suspension.

E. False alarms previously attributed to the permittee of a transferred alarm system permit shall not be charged against the new permittee unless the sheriff determines, after an investigation, that the transfer was requested for the purpose of allowing the transferor to evade responsibility for any prior false alarm.

(Ord. 2005-3 § 1 (part), 2005)

A. Any of the following shall constitute grounds for suspension or revocation of an alarm system permit:

1. When an alarm system or panic alarm has actuated excessive false alarms;

2. The violation by the permittee, or any employee or agent of the permittee, of any provision of this chapter;

3. The permittee, or an employee or agent of the permittee, has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for the alarm system permit, or in any report required to be filed with the sheriff; and

4. The violation of any condition imposed by the sheriff upon the issuance of an alarm system permit.

B. An alarm system permit may be suspended for up to fifteen days upon a determination by the sheriff that the alarm system or panic alarm covered by the alarm system permit has generated excessive false alarms. Upon the expiration of the suspension, the alarm system permit shall be reinstated upon payment of a reinstatement fee.

C. Notwithstanding subsection B of this section, an alarm system permit may be suspended for up to ninety days, or revoked, upon a determination by the sheriff that a violation of any provision of this chapter, or any condition upon the issuance of the alarm system permit, has occurred. Upon the expiration of a period of suspension imposed pursuant to this subsection, the alarm system permit shall be reinstated upon payment of a reinstatement fee.

D. Notwithstanding subsection B or C of this section, if the sheriff determines that an alarm system or panic alarm has generated excessive false alarms and that the alarm system permit has been previously suspended during the three hundred sixty-five day period immediately prior to the date the sheriff makes that determination, the alarm system permit shall be revoked.

E. Any alarm system permit revoked pursuant to the provisions of this chapter shall be surrendered by the permittee to the sheriff. It is unlawful for a permittee to possess an unexpired alarm system permit which has been revoked.

(Ord. 2005-3 § 1 (part), 2005)

A. If an applicant for an alarm system permit, or the renewal thereof, is denied, or a permittee's alarm system permit is suspended or revoked, the sheriff shall serve on the applicant or permittee a written notice of the proposed action (including, in the case of a suspension, the length of the proposed suspension) and of the right to a hearing on the matter. The notice of the proposed action shall state the reason(s) for the denial of an application or renewal, or the reason(s) for the suspension or revocation. Service of the notice of the proposed action shall be by first class mail to the applicant's or permittee's address as stated on the application in the case of a denial, and as stated on the alarm system permit in the case of a suspension or revocation. Service of the notice of the proposed action shall be deemed complete five days after such mailing. The applicant or permittee may, within ten calendar days after service of the sheriff's notice of the proposed action is completed, file a request for hearing. Such request shall be in writing and shall be mailed by first class mail to the sheriff's office, or be hand delivered to the sheriff's office. The request for hearing, whether mailed or hand delivered, must be received by the sheriff within ten days after service of the sheriff's notice of the proposed action is complete. If the applicant or permittee fails to file a request for hearing within the time and in the manner prescribed above, the right to a hearing on the proposed denial or suspension or revocation shall be deemed to have been waived and the sheriff may proceed to deny, or suspend or revoke, the alarm system permit, according to the terms of the original notice of the proposed action.

B. Upon receipt of a written request for a hearing by the applicant or permittee, the sheriff shall serve on the applicant or permittee, by first class mail, a notice of the time and place of hearing. Notice shall be mailed at least ten calendar days prior to the date set for the hearing. The notice shall be mailed by first class mail to the applicant's or permittee's address as stated on the application in the case of a denial, and as stated on the alarm system permit in the case of a suspension or revocation. For good cause, the heating may be continued by the hearing officer upon request of the sheriff, the applicant, or the permittee.

C. Upon receipt of a written request for a hearing, in the case of a suspension or revocation action, the sheriff shall take no further suspension or revocation action until a hearing has been held and the sheriff has received the written decision of the hearing officer.

D. The hearing shall be conducted by a hearing officer designated by the county administrative officer. The hearing officer may be an employee of the county who is not assigned to the sheriff's office or otherwise subordinate to the sheriff, or an individual who is not an employee of the county.

E. In the event the applicant or permittee does not appear (either personally or through counsel) at the hearing, the applicant or permittee shall be deemed to have waived the right to a hearing and the sheriff may proceed to deny, or suspend or revoke the alarm system permit, according to the terms of the original notice of the proposed action.

F. If a hearing is conducted, the sheriff shall carry the burden of proof, by a preponderance of the evidence, that grounds exist for the denial, suspension, or revocation. The hearing officer shall give the applicant or permittee, and his or her counsel, a reasonable opportunity to be heard in order to show cause why the determination of the sheriff should not be upheld. In conducting the hearing, the hearing officer shall not be bound by the technical rules of evidence. The hearing shall be tape-recorded by the hearing officer, and all documents presented as evidence shall be maintained, together with the tape recording, for six months after the conclusion of the hearing, and may thereafter be destroyed. The hearing officer shall render a written decision within ten calendar days following the close of the hearing, and failure to do so shall be deemed a decision of the hearing officer overruling the sheriff's proposed action. The decision of the hearing officer shall be final.

(Ord. 2005-3 § 1 (part), 2005)

A. An alarm system user shall pay a false alarm response fee, as established by the board of supervisors by ordinance, for any excessive false alarm.

B. An alarm system user shall pay a nonpermitted alarm response fee, as established by the board of supervisors by ordinance, for any response to an alarm system or panic alarm, whether false or valid, when such alarm system or panic alarm is not authorized pursuant to a valid, unexpired, unsuspended, and unrevoked alarm system permit.

(Ord. 2005-3 § 1 (part), 2005)

It is unlawful for any person to intentionally initiate a false alarm except for purposes of testing an alarm system or panic alarm and only if the sheriff has given, in writing, prior permission for the test(s).

(Ord. 2005-3 § 1 (part), 2005)

Except for an alarm system or panic alarm undergoing maintenance and repairs approved by the alarm system user, and except when an alarm system or panic alarm is being disconnected by an alarm business, it is unlawful for any person to tamper with, render inoperative, or maliciously damage any alarm system or panic alarm, excepting alarm systems or panic alarms undergoing approved maintenance and repairs.

(Ord. 2005-3 § 1 (part), 2005)

A. Unless a fee or charge amount is specifically provided by law or in this chapter, the board of supervisors may by ordinance establish fees and charges to cover the costs of the administration, services, and responses provided for in this chapter.

B. Unless otherwise provided, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of this code.

C. This chapter is a regulatory provision necessary for the protection of the public health, welfare, and safety. In any criminal prosecution for a violation of any provision of this chapter, it is not necessary to prove knowledge or criminal intent unless otherwise specifically required.

D. A violation of any provision of this chapter constitutes a public nuisance.

E. The provisions of this chapter are not intended, nor shall they be construed to create a special relationship between Shasta County and any permittee, or any other person, so as to create a duty on the part of the sheriff to respond to any alarm system or panic alarm.

(Ord. 2005-3 § 1 (part), 2005)

Except as provided in Section 5.25.030(E) of this chapter, the information furnished and secured pursuant to this chapter shall be confidential, shall not be subject to public inspection or copying, and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter. It is declared that the public interest served by not making the information public clearly outweighs the public interest that might be served by disclosure of the information.

(Ord. 2005-3 § 1 (part), 2005)

A. The provisions of this chapter shall apply to all existing and operational alarm systems and panic alarms even if installed, connected, operated, or maintained on or prior to the effective date of the ordinance codified in this chapter.

B. Notwithstanding subsection A of this section, any person who installed an existing and operational alarm system or panic alarm before the effective date of the ordinance codified in this chapter, shall obtain an alarm system permit as required by this chapter (if the alarm system or panic alarm will remain in existence and operation) within ninety days after the effective date of the ordinance codified in this chapter.

(Ord. 2005-3 § 1 (part), 2005)