Ventura Municipal Code Ch. 6.350 Burglar Alarm Systems 6

6 Editor’s note(s): Ord. No. 2007-013, adopted June 4, 2007, amended Chapter 6.350 in its entirety to read as herein set out. Former Chapter 6.350 pertained to similar subject matter and derived from the 1971 Code.

The purpose of this chapter is to establish standards and controls of the various types of intrusion, hold-up and other emergency signals from police alarm devices that require police response, investigation and safeguarding of property at the location of an event reported by and signal transmitted, telephoned, radioed or otherwise relayed to the police by an alarm device or by any person acting in response to a signal actuated by an alarm device. (Ord. No. 2007-013, § 1, 6-4-07)

This chapter applies to any person, business, firm, corporation or any commercial entity owning, operating, maintaining, monitoring, installing or selling police alarm devices, dial alarm devices, or systems of police alarm devices or dial alarm devices designed to summon the police to any location in response to a signal or other transmission generated or produced by such devices. (Ord. No. 2007-013, § 1, 6-4-07)

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

“Alarm agent” means any person employed by an alarm business and whose duties include the altering, installing, maintaining, monitoring, moving, repairing, replacing, or servicing of an alarm system.

“Alarm business” means any business engaged in the installation, maintenance, alteration, or servicing of alarm systems. Such definition does not include a business which solely manufactures alarm systems.

“Alarm system” means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure or facility or both, and which emits a sound or transmits a signal or message when activated and to which police are expected to respond.

“Alarm user” means any person who owns, leases, controls, or uses an operative alarm system.

“Audible alarm” means an alarm system which generates an audible sound on the premises when it is activated.

“Automatic dialing device” means an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of some type of emergency situation that the alarm system is designed to detect and to which police are eventually expected to respond.

“Duress alarm” means a silent alarm system signal generated by the entry of a code in order to signal that the alarm user is being forced to turn off the alarm system and requires police response.

“False alarm” means the activation of an alarm system or a dispatch request resulting from the activation of an alarm system where an emergency situation does not exist and which is caused through mechanical failure, malfunction or the negligence of the alarm user or monitoring company, or of the employees, agents or invitees thereof. “False alarm” shall not include alarms caused by earthquakes, or other external natural causes beyond the control of the alarm user. Multiple false alarms emitted from the same alarm system within a consecutive 12-hour period shall be considered one false alarm.

“Holdup alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

“Monitoring company” means any business which receives signals from an alarm system and relays a dispatch request to the police to respond to the site of the alarm.

“Permittee” means any person granted a permit for operation of an alarm system pursuant to this chapter.

“Person” means an individual, firm, corporation, partnership, association, business, commercial enterprise, or other such entity.

“Police chief” means the chief of police of the San Buenaventura police department or a properly authorized designee thereof.

“Verify” means an attempt by the monitoring company, or its representative, to contact the site of the alarm, permittee, or alarm user by telephone or other electronic means to determine whether an alarm signal is valid, and not a false alarm, before requesting police dispatch. Verification by telephone shall require that a second call be made to a different number if the first attempt fails to reach anyone who can verify the alarm. (Ord. No. 2007-013, § 1, 6-4-07)

No person shall conduct themselves as an alarm agent without obtaining an alarm agent permit from the state Department of Consumer Affairs, Bureau of Collections and Investigative Services. Every person acting as an alarm agent shall carry on their person at all times, while so engaged, a valid alarm agent permit or identification card and shall display such permit or card to any police officer or alarm system owner upon request. (Ord. No. 2007-013, § 1, 6-4-07)

Unless exempted under this chapter, no person shall install or cause to be installed an alarm system, or use or maintain at premises under their ownership or control any operative alarm system, without first applying for and receiving a permit in accordance with the provisions of this chapter. (Ord. No. 2007-013, § 1, 6-4-07)

The provisions of this chapter shall not apply to alarms affixed to motor vehicles, boats, or public coin telephones. (Ord. No. 2007-013, § 1, 6-4-07)

Except as otherwise provided in this chapter, any person found to be operating an alarm system without an alarm system permit shall be provided a written notice describing the ordinance violation, and shall be given 15 days from the date of the notice to obtain the appropriate permit, and shall be warned that further operation without a permit may result in the filing of a complaint by the city attorney, or the issuance of a criminal citation, or civil penalty for the violation.

In addition, any person operating an alarm system without an alarm system permit shall be liable to the city for the cost of providing the police service to investigate the activation of that alarm system. (Ord. No. 2007-013, § 1, 6-4-07)

Applications for permits required under this chapter shall be on a form prescribed by the chief of police and shall be available at and submitted to the city or the city’s designated representative. An applicant shall supply information as to applicant’s or owner’s name, age, address of alarm, telephone number(s), name of business, description of the type of alarm system, any applicable alarm service or monitoring company, names of responsible persons who can be contacted in case of emergency, and any other information required by the city to administer this chapter. The city may charge a fee to process the application.

The permit is nontransferable. A separate permit shall be required for each alarm system. The permit is valid for one year and shall be renewed each year on or before the permit anniversary date.

A submitted application shall be deemed a temporary permit which is valid until such time that the application is approved or denied by the city under Section 6.350.090. (Ord. No. 2007-013, § 1, 6-4-07)

The police department shall promptly investigate the application and the proposed system. Thereafter, the permit shall be issued unless the police chief finds that the system does not meet the standards established by this chapter. If the permit is denied, the reasons for denial shall be set forth in writing and provided to the applicant. (Ord. No. 2007-013, § 1, 6-4-07)

Within 10 days after a determination is made on a permit application, the city shall notify the applicant, in writing, of said determination by personal service or mailing a copy of the decision, postage prepaid, to the address set forth in the application. This notice shall advise the applicant of their right to appeal. If applicant desires an appeal, a written notice of appeal signed by the applicant must be filed with the city manager’s office within 15 days after applicant has been notified of the decision (if notice is given by mail, it is deemed to be received and the 15-day appeal period commences three days after said notice is deposited in the United States mail). The notice of the appeal shall state the reasons upon which it is based, and be accompanied by the corresponding appeal fee as established from time to time by resolution of the city council. (Ord. No. 2007-013, § 1, 6-4-07)

Upon receipt of the notice of appeal with the required fee, the city clerk shall place the matter for a hearing before the city manager or a designated representative thereof, which hearing shall be held within 10 business days following the filing of the notice of appeal, unless time is waived by the applicant. The decision on this appeal shall constitute a final administrative decision. (Ord. No. 2007-013, § 1, 6-4-07)

Whenever any change occurs relating to the written information required on the permit application, the permittee shall give written notice of such change to the city within 10 days of the change. (Ord. No. 2007-013, § 1, 6-4-07)

All alarms systems shall meet or exceed the following standards:

A. Deactivation and Reset Devices. Every audible alarm system installed after the effective date of this chapter, and every audible alarm system requiring an alarm system permit under this chapter, shall have a timing device which will automatically deactivate the audible alarm within 15 minutes from the time the audible sound is initiated.

B. Emergency Power Supply. All alarm systems installed after the effective date of this chapter shall be equipped with an uninterruptable power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm or deactivate the system. The emergency power supply must be capable of at least four hours of operation. Any alarm system installed prior to the effective date of this chapter shall add said emergency power supply unit if said system generates four or more false alarms in a 12-month period.

C. Automatic Dialing Device. No alarm system shall consist of an automatic telephone dialing device or attachment that automatically selects any city department, the police department or telephone company operator, and then reproduces any prerecorded message to report a burglary, robbery or any other emergency of any nature. (Ord. No. 2007-013, § 1, 6-4-07)

No person shall use or cause any alarm system to be used for any other purpose than to report unauthorized entry or a robbery in progress. (Ord. No. 2007-013, § 1, 6-4-07)

A report shall be generated by the police department for every alarm activation to which police officers respond. (Ord. No. 2007-013, § 1, 6-4-07)

If an alarm system emits more than one false alarm during any successive 12-month period, a civil penalty will be charged for the second false alarm and each subsequent false alarm. (Ord. No. 2007-013, § 1, 6-4-07)

The alarm system permit may be revoked as provided in Section 6.350.180 due to any of the following circumstances:

A. For violating any provisions of this chapter.

B. For failure to pay any civil penalty assessed pursuant to this chapter.

C. When the permittee’s alarm activates six false alarms during any consecutive 12-month period. (Ord. No. 2007-013, § 1, 6-4-07)

Whenever revocation is proposed, the permittee shall be given a written notice informing the permittee of the proposed revocation, the reasons for the revocation, and of the time, place and date of a hearing, which date shall be no sooner than 10 days or longer than 15 days from the date of the notice. The hearing shall be held before the city manager, or an employee designated by the city manager, who shall determine the appropriateness of the revocation. The police department shall first present their evidence and grounds for revocation and then the permittee shall be afforded an opportunity to present evidence. The decision of the city manager or designee thereof shall be final. Notice referred to herein may be given either by personal delivery to permittee or by depositing in United States mail, postage prepaid and addressed to the name and address of the person appearing on application. If notice is given by mail it is deemed received three days after deposit in the United States mail. (Ord. No. 2007-013, § 1, 6-4-07)

Every person having an alarm permit revoked by the city pursuant to this chapter shall be entitled to reapply for a permit when all grounds for revocation of the earlier permit have been corrected to the satisfaction of the police chief, including the payment of all accrued police service charges and civil penalties under this chapter. A new application fee shall be required. (Ord. No. 2007-013, § 1, 6-4-07)

A monitoring company shall:

A. Register with police chief;

B. Verify every alarm activation signal, except a duress or holdup alarm, before requesting the dispatch of police response to the alarm site;

C. Communicate dispatch requests to the police using phone numbers designated the police chief;

D. Attempt to contact the alarm user within 24 hours via mail, fax, telephone or other electronic means when a dispatch request has been made;

E. Maintain records containing the following information for a period of at least one year from the date of an alarm dispatch request to the police: the name, address and telephone number of the alarm user, the date and time of the alarm dispatch request, and evidence of attempts to verify the alarm activation. The monitoring company shall provide an electronic copy of these records to the city on an annual basis;

F. Provide in a format and method specified by the city a list of alarm users monitored in the city. This information shall be provided at the time of registration and updated quarterly.

Notwithstanding any other provision in this chapter, the monitoring company shall be liable to the city for the cost of providing police service for a dispatch request that is not verified. (Ord. No. 2007-013, § 1, 6-4-07)

The police service charges and civil penalties authorized to be levied under this chapter shall be established by resolution of the city council.

Police service charges are due 30 days after receipt of the bill. For outstanding delinquent charges a penalty of 50 percent of the levied charge shall be assessed on the thirtieth day after the due date. (Ord. No. 2007-013, § 1, 6-4-07)

Nothing in this chapter shall obligate the city or its employees to respond to an activated alarm system, whether verified or not. The city and its employees reserve all rights and immunities provided by law. (Ord. No. 2007-013, § 1, 6-4-07)

Nothing contained in this chapter shall be constructed as a waiver or exemption from any business license tax otherwise applicable under the business license provisions of this municipal code or any other provision of this municipal code. (Ord. No. 2007-013, § 1, 6-4-07)