Tracy Municipal Code Ch. 3.40 Alarm Systems

For the purposes of this chapter, unless otherwise apparent from the context, the following words and phrases as used in this chapter are defined as follows:

"Alarm agent" shall mean the owner or employee of an alarm business.

"Alarm business" shall mean any person, partnership, corporation or other entity that sells, leases, maintains, installs, services, repairs, replaces, alters, removes, moves, or monitors a police or fire alarm system in or on any building, place, or premises within the City.

"Alarm Company Act" shall refer to section 7590-7599 of the Business and Professions Code regulating the alarm business in California.

"Alarm system" shall mean an assembly of equipment and devices which is designed or used for the detection of intrusion into or other unlawful event in a building, structure, facility or place, or for alerting others of an event within a building, structure, facility, or place which event causes an audible sound or transmission of a signal or message. Notwithstanding the foregoing, each building or structure which is a part of an alarm system shall be treated as having a separate alarm system for the purpose of this chapter.

"Alarm user" shall mean any person whose business, place, or premises has a police or fire alarm system, irregardless if it is monitored by a central monitoring system.

"Automatic calling service" shall mean any device used in conjunction with an alarm system which generates a telephone message for the purposes of eliciting an emergency response from the police or fire departments.

"Central monitoring system" shall mean a system that automatically receives, records, maintains, and supervises alarm signals at a central location by observers or operators who are required, upon receipt of an alarm signal, to notify the police or fire departments.

"False alarm" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. Such terminology does not include alarms caused by natural violent conditions, telephone line malfunction, or other causes which are beyond control of the owner or lessee of the alarm system.

(Prior code § 3-10.01)

This chapter is enacted pursuant to section 7592.8 of the Business and Professions Code of the State. The purpose of this chapter is to establish rules and regulations concerning the use of alarms in residential and commercial locations in the City to enhance the effectiveness of such devices, and to minimize response by City personnel to false alarms caused by the improper use or abuse of such systems.

Nothing in this chapter should be construed to limit or discourage legitimate use of fire, burglar, or other alarms. Such use is in the public's interest and promotes public health and safety. Furthermore, nothing in this chapter shall prohibit the sounding of any signal necessary for the conduct of an authorized fire drill.

(Prior code § 3-10.02)

(a) It shall be unlawful for any person required to register as an "alarm company operator," pursuant to the Alarm Company Act, to engage in business as an alarm business within the City without first filing a copy of their State identification card.

(b) All alarm businesses operating within the City must possess a valid City business license. A copy of the business license shall be presented to the Police Department at the time of registration.

(Prior code § 3-10.03)

It shall be unlawful for any person required to register as an alarm agent, pursuant to the Alarm Company Act, to act as an alarm agent within the City without first registering his name and filing a copy of his State identification card with the Chief of Police.

(Prior code § 3-10.04)

(a) It shall be unlawful for any person to act as an alarm agent within the City limits without having in his possession a valid State of California Alarm Company Agents Registration Card as prescribed in the Alarm Company Act.

(b) Upon the request of a police or fire official, an alarm agent must display his alarm agent registration card.

(Prior code § 3-10.05)

(a) It shall be unlawful for any person to install or use an alarm system without first obtaining, and maintaining as valid, an alarm permit issued by the City in accordance with this chapter.

(1) The alarm user permittee shall pay an alarm use permit issuance fee in an amount determined by City Council resolution. Any alarm system which is connected directly to the Tracy Police Department will be subject to special permits and additional service fees to be determined by resolution.

(2) New construction alarm system permit. An alarm system permit must be obtained for all alarm systems installed as a part of the construction of a structure where the system will not be activated until the alarm area is sold, leased, or rented to another.

(3) Alarm user. Prior to activation of an alarm system installed as described in subsection (1) of this subsection, or prior to installation of an alarm system not covered in subsection (1) of this subsection, an alarm user permit shall be obtained.

(b) Alarm user permits shall be invalid unless renewed yearly on or before July 1 of each year.

(c) When emergency message signals or notices are received by the Police Department that evidence a failure to obtain a permit, the Police Chief or his representative is authorized to demand that the owner or lessee of the alarm system initiating such message signals or notice disconnect the alarm system until it is made to comply with said requirements.

(Ord. 1099 § 1, 2006: prior code § 3-10.06)

(a) Any person desiring an alarm system permit shall file an application with the Police Department setting forth the following information:

(1) Address at which the alarm system is being installed;

(2) Name and address of the owner of the alarmed structure;

(3) Type of alarm system being installed including the manufacturer and model number; and

(4) Approximated date of activation of alarm.

(b) Any person desiring an alarm user permit shall file an application with the Police Department setting forth the following information:

(1) The name and address of the applicant;

(2) The address at which the alarm system is to be installed and used;

(3) The type of alarm system proposed to be installed, including the manufacturer and model number;

(4) The name of the person installing the alarm system;

(5) The name and address of the alarm company monitoring the alarm, if applicable;

(6) The name and telephone number of the person or firm willing to service the alarm system at any time of the day or night; or

(7) The name, address, and telephone number of two (2) or more persons who will respond to the alarm and who can secure the premises during any time of the day or night.

(Prior code § 3-10.07)

(a) Issuance. Upon the filing of an application containing all of the information required by this chapter, the Police Department shall issue an alarm system permit, unless the provision of subsection (b) of this section applies.

(b) Denial. The following reasons shall be sufficient for the denial of an alarm system permit.

(1) That the application is not in the form and does not contain all the information required by the provisions contained in this chapter; or

(2) That the alarm user, alarm system, or alarm business associated with the user is not in compliance with the provisions contained in this chapter; or

(3) That the required conditions of the revocation of an alarm system permit previously issued for the same location has not been complied with.

(Prior code § 3-10.08)

Whenever any change occurs relating to the written information required by this chapter, the permittee shall give notice of such changes to the Police Department within five (5) days. Failure to provide such notice shall render the permit invalid.

(Ord. 1099 § 2, 2006: prior code § 3-10.09)

(a) Alarm systems installed within the City shall utilize approved listed equipment.

(b) No fire alarm system or component of a system shall be installed within the City unless such device or system is approved by the California State Fire Marshall's Office.

(Prior code § 3-10.10)

(a) Prohibited sound. No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a Civil Defense Warning System.

(b) Automatic deactivation. Every audible alarm system shall be equipped with a device which will automatically deactivate the exterior sounding device not more than fifteen (15) minutes after the alarm has been activated. If the audible system will not shut off after fifteen (15) minutes, and/or a responsible party cannot be located to shut it off within fifteen (15) minutes of activation, the Police Department may call an alarm service company to shut off the alarm. The alarm user will be billed and shall pay for any expense incurred.

(c) Notification. A permittee shall cause the Police Department to be notified prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm.

(d) Repairs. After three (3) false alarms caused by a malfunction of an alarm system, or unknown cause, the permittee shall cause the alarm system to be repaired and certification of the repair shall be presented to the Police Department.

(e) Power supply. Alarm systems installed in the City shall be equipped with a power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm system. The power supply must be capable of at least four (4) hours of operation.

(f) Automated calling devices prohibited. No alarm system shall utilize an automatic calling device which places a call to any emergency or business police or fire telephone number.

(Prior code § 3-10.11)

All electrical alarm systems shall be installed and maintained in accordance with applicable requirements of law and uniform codes.

(Prior code § 3-10.12)

(a) Grounds for revocation. An alarm system permit may be revoked by the Chief of Police for any of the following reasons:

(1) Failure to observe any of the regulations or other provisions of this chapter;

(2) False representation was made upon any application or notice of change required by the provisions of this chapter;

(3) Alarm system for which the alarm system permit is issued emits more than ten (10) false alarms during any fiscal year, and the user has not demonstrated a good faith attempt to rectify the problem;

(4) Following an alarm activation, where the alarm system permittee or his designated representative refuses to respond to a request for access to the protected premises upon request to do so by a Police Officer who deems a response necessary to ensure the security of the premises or persons where system is installed.

(b) Notices and effective dates. A written notice of revocation stating the reason for such revocation shall be personally served upon or mailed to the permittee by certified mail. The effective date of the revocation of an alarm system permit shall be fifteen (15) days after service of a notice of revocation. Deposit in the United States mail shall be considered service for the purposes of this section.

(c) Surrender of licenses and deactivation of alarm systems. If any permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the Police Department and discontinue the use of any and all alarm systems covered by the permit.

(d) Terms of revocation. The term of the revocation shall be whatever period of time necessary for the user to comply with conditions of the revocation.

(Prior code § 3-10.13)

(a) It shall be unlawful for any alarm user or alarm business to knowingly give, signal, transmit, or cause or permit to be given, signaled, or transmitted a false alarm.

(b) It shall be unlawful for any alarm user or alarm business to give, signal, transmit, or cause or permit to be given, signaled, or transmitted a false alarm more than two (2) times in a single fiscal year whether such false alarm transmission is intended or unintended.

(Ord. 1099 § 3, 2006: prior code § 3-10.14)

All false alarms per permit shall be tabulated on a fiscal year, July 1 through June 30.

(a) Alarms within the first fifteen (15) days of operation of a new system or first ten (10) days of a substantially modified system will not be counted as false alarms.

(b) No recoverable costs shall be assessed for the first two (2) false alarms activations per alarm system during said fiscal year.

(c) The second false alarm activation during said fiscal year shall result in notification by the Police Department of the required provisions of this chapter and outline expected remedial action.

(d) Upon the fourth and subsequent false alarms in said fiscal year, the alarm business or permittee shall be required to pay a fee in an amount determined to recover the City's costs of response to such false alarms as specifically set forth and specified by resolution of the City Council pursuant to section 3.36.010 of the Tracy Municipal Code.

(Ord. 1099 § 4, 2006: prior code § 3-10.15)

(a) Any person aggrieved by any fee or other result of this chapter, except for the issuance of a citation, shall have the right to appeal the matter to the Chief of Police.

(1) A statement setting forth fully grounds of such appeal shall be filed with the City within fifteen (15) days.

(2) An informal meeting between the appellant and the Chief of Police or his designee shall be set within twenty (20) days from the filing of the appeal.

(3) Notice of the decision of the Chief of Police shall be served upon the appellant, personally, or by certified mail, within ten (10) days after the meeting.

(b) Any person aggrieved by the decision of the Chief of Police with reference to any matter covered by this chapter, shall have the right to appeal to the City Manager under the time periods and procedures set forth in section 1.12.010.

(Ord. 1111 § 4 Exh. A (part), 2007: Ord. 1099 § 5, 2006: prior code § 3-10.16)